Old Bailey Proceedings, 21st October 1907.
Reference Number: t19071021
Reference Number: f19071021

1907, OCTOBER.

Vol. CXLVII.] [Part 876.

CENTRAL CRIMINAL COURT

Sessions Paper.

TRELOAR, MAYOR.

TWELFTH SESSION,

HELD OCTOBER 21ST, 1907, AND FOLLOWING DAYS.

MINUTES OF EVIDENCE,

TAKEN IN SHORTHAND BY

GEORGE WALPOLE,

Shorthand Writer to the Court.

POINTS OF LAW AND PRACTICE

EDITED BY

R. F. GRAHAM-CAMPBELL, ESQUIRE,

OF THE INNER TEMPLE.

[Published by Annual Subscription.]

LONDON:

GEO. WALPOLE, 1, NEW COURT, LINCOLN'S INN, W.C.

PRINTED BY

THE ARGUS PRINTING COMPANY, LIMITED,

CORNER OF TUDOR STREET AND TEMPLE AVENUE,

LONDON, E.C.

THE

WHOLE PROCEEDINGS

On the King's Commission of

OYER AND TERMINER AND GAOL DELIVERY

FOR

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

OF THE

CENTRAL CRIMINAL COURT,

Held on Monday, October 21st, 1907, and following days.

Before the Right Hon. Sir WILLIAM PURDIE TRELOAR, Bart., LORD MAYOR of the City of London; the Hon. Sir ALFRED TRISTRAM LAWRENCE , Knight, one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart., Sir GEORGE F. FAUDEL PHILLIPS, Bart., G.C.I.E., Sir JAS. THOMSON RITCHIE , Bart., FREDK, PRATT ALLISTON, Esq., Lieut.-Col. FRANCIS STANHOPE HANSON , and Hy. HOWSE, Esq., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FREDERICK ALBERT BOSANQUET , K.C., Common Serjeant of the said City; His Honour Judge RENTOUL, K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.

DAVID BURNETT , Esq., Alderman

CHARLES CHEERS WAKEFIELD, Esq.

Sheriffs.

CLAUDIUS GEORGE ALGAR , Esq.

JOSEPH DAVID LANGTON , Esq.

Under-Sheriffs.

1907.

CENTRAL CRIMINAL COURT

TRELOAR, MAYOR. TWELFTH SESSION.

LONDON AND MIDDLESEX CASES.

BEFORE THE RECORDER.

(Monday, October 21.)

RYAN, John (23, labourer), convicted last Session (see p. 779) of feloniously wounding William Alfred Foster, came up for sentence; having now been for five weeks in prison a nominal sentence was failed, entitling him to immediate discharge.

Reference Number: t19071021-2

TAILBY, George William (butcher's assistant); attempting to carnally know Mary Ann Nutley, a girl above the age of 13 years and under the age of 16 years, and indecently assaulting her.

Mr. Eustace Fulton prosecuted; Mr. Booth defended.

Verdict, Not guilty.

Reference Number: t19071021-3

HENSON, Albert (30, postman), MILLER, Joseph (34, postman), and SAUNDERS, James (39, ostler), pleaded guilty to feloniously demanding the several sums of £2 6s., 15s. 7d., and £1 11s. 3d. from Frank Butler by virtue of certain forged instruments, to wit, forged post letters, knowing the same to be forged.

Sentences: Henson and Miller, Six months' imprisonment; Saunders, Three months' imprisonment.

Reference Number: t19071021-4

DUKE, George (27, bookbinder) ; indicted for stealing a postal order for the sum of £1, the property of the Postmaster-General, and stealing a postal order for the sum of 10s., the property of the Post-master-General, pleaded guilty to the former charge. Five previous convictions were proved. Sentence, 18 months' hard labour.

Reference Number: t19071021-5

ANDERSON, John Jarvis (48, auxiliary postman), pleaded guilty to stealing a post letter containing a postal order for 18s. 4d., the property of the Postmaster-General, he being employed under the Post Office.

Sentence, Nine months' hard labour.

Reference Number: t19071021-6

WALKER, John (45, postman), pleaded guilty to stealing, a post letter containing a postal order for 10a., and five penny postage stamps, the property of the Postmaster-General, he being employed under the Post Office; stealing a post letter containing a postal order for 12s., the property of the Postmaster-General, he being employed under the Post Office; stealing a post letter containing a money order for six dollars 87 cents, the property of the Postmaster-General, he being employed under the Post Office.

Sentence, Nine months' hard labour.

Reference Number: t19071021-7

RUSSELL, Henry John (23, postman), pleaded guilty to stealing a post letter containing a postal order for 10s. 6d., a ring and three stamps, the property of the Postmaster-General, he being employed under the Post Office.

Sentence, Nine months' hard labour.

Reference Number: t19071021-8

LLOYD, James (23, postman), pleaded guilty to stealing a postal order for 15s, the property of the Postmaster-General, he being employed under the Post Office.

Sentence, Nine months' hard labour.

BEFORE THE COMMON SERJEANT.

(Monday, October 21.)

BOWEN, Esther (74, hotel keeper), convicted last Session (see page 742) of keeping a brothel, came up for sentence.

The Common Serjeant said that in his view of this case there was evidence to go to the jury, but the evidence on the other side established such an explanation as to make it unsafe to convict, and on the uncontradicted evidence it was not a case on which there ought to have been a conviction. However, the jury had returned a verdict of guilty, it was for him to deal with that verdict. Sentence, One day's imprisonment.

Reference Number: t19071021-10

BAILEY, William (74, dealer), pleaded guilty to feloniously possessing two moulds for making counterfeit coin. He had been previously convicted 10 or 12 times of coining offences, and in all bad received 45 years of sentences, commencing in 1858 with seven years penal servitude for burglary. Sentence, Seven years' penal servitude.

Reference Number: t19071021-11

MONTGOMERY, Alexander (39, agent), pleaded guilty to uttering a counterfeit two shilling piece to Alice Wright, well knowing the same to be counterfeit. He was stated to have been in regular employment for several years up to the past nine months. Sentence Three months' hard labour.

Reference Number: t19071021-12

EGAN, Edward (26, labourer) ; feloniously wounding George Maher, with intent to do him some grievous bodily harm.

Mr. Joyce Thomas prosecuted.

GEORGE MAHER , 14, Balfour Street, Nine Elms Lane. On July 14, 1907, at 12.45 am., I saw prisoner in Woodgate Street and asked him why he had been assaulting my daughter. He used foul language I struck him in the face; we fought, and he went off. About

20 minutes afterwards he came behind me, when I was standing at my street door, with something in his right hand, and made a blow at my head. I avoided him, closed with him, and we both fell to the ground. When I got up I felt blood running down my left side. I was taken to the hospital and remained there 10 days. I have now recovered.

Cross-examined. I saw no fighting with any other persons.

GEORGE FITZGERALD , 1, Balfour Street, carman, nephew of prosecutor. On Sunday, July 14, at 1.15 a.m., I was standing at prosecutor's door when prisoner came along and struck him on the right cheek with his left fist. Prosecutor swerved round when prisoner struck him in the back with his right hand, in which he held a blackhandled knife. They closed and both fell. I pushed prisoner off the prosecutor and took him indoors. There is a gully in the street.

Police-constable HARRY KEELAN , 312 W. On Sunday, July, 14, at 1.45 am., I received information, and at 3.45 a.m. went to 36, Woodgate Street, found prisoner in the kitchen, told him I should arrest him for stabbing George Maher in the back with a knife in Balfour Street, and cautioned him. Prisoner said, "He hit me, and I hit him back." I took him to Battersea Park Road Police Station.

Cross-examined. Prisoner came downstairs and went into the kitchen, where I spoke to him. I do not know if he had gone to bed.

Detective Tom ANDREWS , W Division. I charged prisoner at the station, when he said, "I was indoors at one o'clock. It was half-rest 12 when I left Balfour Street. I never used no knife. We were laughing and singing—a lot of us. I had a row with a girl, when. Maher spoke to me, hit me, and knocked me down. My brother picked me up and took me home." On July 16 I found knife produced in the gully opposite 14, Balfour Street. (A white-handled table knife was produced.)

HAROLD BECKWITH WHITEHOUSE , house surgeon, St. Thomas's Hospital. On July 14 prosecutor was brought in at about 1.45 a.m. suffering from a clean, incised wound about half an inch long and three or four inches deep in the back, between the fifth and sixth rib. The wound was struck upwards and inwards in the direction of the heart. It had gone through the bag which contains the lung and had wounded the lung. Prosecutor had lost a considerable amount of blood and was in a state of collapse. It was a dangerous wound and was considered serious. He was admitted as an in-patient and discharged on July 22. The wound healed better than we expected. The wound corresponded with the width of the knife produced and could have been inflicted by it.

Prisoner's statement before the magistrate. "I do not remember anything. Several persons were hitting me."

Prisoner (not on oath). I had had a good hiding before ever I saw prosecutor. I fell against a young woman and was knocked over. I do not know what did happen. I had had a lot of drink.

Verdict, Guilty. Sentence, 10 months' hard labour.

October, 1907

BEFORE MR. JUSTICE A.T. LAWRENCE.

(Tuesday, October 22.)

Reference Number: t19071021-13

KING, George Coe ; manslaughter of William Duke.

Mr. S. Joyce Thomas prosecuted; Mr. Purcell defended.

Police-constable WILLIAM STONE , 659, City. Just after five p.m. on September 16 I was on duty in King William Street. I heard someone shout, and saw a man fall in the road. Prisoner was driving a pony and cart, proceeding south; I twice shouted for him to stop, but he took no notice. I ran about 150 yards after him, and he then pulled up. I found he was drunk. I asked him if he knew what he had done, and he replied, "No." Leaving the injured man with another constable I took prisoner to the station; he was charged with drunkenly driving and injuring a man; he made no reply except to deny that he was drunk.

Cross-examined. I noticed in the street a waggon and a costermonger's barrow; the waggon was in front of both prisoner's cart and the barrow. Possibly when I shouted prisoner did not hear me; this is not a quiet street at that time of the day. I had to help prisoner out of his cart. I judged him to be drunk because he could not pull his horse up properly; it was not properly under his control. I know that he must have passed the Mansion House, where there is very heavy traffic, and plenty of police to notice drunken drivers. I do not say that prisoner was helplessly drunk. He told me he had only had some ginger ale and whisky, and that he was suffering from influenza; also hat he had been driving through the City for many years and had never bad an accident. Inquiries prove that he is a respectable, well-behaved man.

Police-constable HENRY MEE , 674 City, who saw prisoner when arrested, corroborated last witness's statement that prisoner was drunk; that was noticeable even before he got out of the cart.

Cross-examined. I judge he was drunk because when he was asked to get out he made no attempt to do so; also because of the attitude in which he sat in the cart; he sat in a kind of crumpled up position, and swayed from side to side.

HUGH O'NEILL , costermonger. At the time Duke was knocked down I was with him with our barrow; we were going towards King William's statue, on the left side of the road. I was at the two handles; he was on the offside shoving me along. We were going along the street when a pony and trap came along, and the wheel hit Duke on the left-hand aide and knocked him down; he fell on the right; his head was cut on the right. The trap was going seven to eight miles an hour.

Cross-examined. Duke and I had been out from 10 in the morning. It is the custom of costermongers who sell things from barrows to move from one side of the road to the other when they are observed by the police. We had been working King William Street. It is

not true that just before the Accident we nipped across from one side of the road to the other behind a waggon; there was no such thing as a waggon in sight.

CHARLES REGINALD HOBKIN , house surgeon at St. Bartholomew's Hospital, said that he Attended Duke on his admittance to the hospital on September 16; he had slight abrasion of the head and some fractured ribs on the left side; he was an oldish man.

MICHAEL QUIRK , labourer. On September 17 I want with Duke to the police court; he was very ill on that day, and I advised him to go to the infirmary, which he did.

Dr. BRUCE , medical superintendent of Southwark Infirmary. On September 18 Duke was admitted; he was suffering from three fractured ribs on the left side, with a slight bruising of the skin over the site of the fracture; he had pleurisy over the same area; and some small abrasions on the right side of the scalp; also he was in a condition of chronic bronchitis. He died on the 20th from syncope, from fractured ribs and pleurisy, and the bronchitis was undoubtedly a very important contributory cause of death. The main cause was the fracture, which was the result of a severe blow.

Cross-examined. If Duke had struck his left side against some projecting part of the barrow, that would account for the injury.

(Defence.)

GEORGE COE KING (prisoner, on oath). I am a salesman of horse and cattle. I have been accustomed to driving in the streets of the City for 45 years; this is the first time any sort of accident has occurred to me. On this day I first drove from my place of business a Walworth to the City Road; there I hid two ginger ales and Scotch whisky. From there I went to Highbury, and then was driving back to Walworth; I had no more drink that day. (Witness described the route he bad taken, and said he was several times held up by the traffic, so that he must have passed a number of constables.) At the Bank of England, on getting the signal from the policeman, I drove across into King William Street. When outside the Tube station there was in front of me a large three horse tandem waggon. I noticed a costermonger's barrow coming on the offside of the road towards the Bank. I was going very slowly; my pony is an old one and cannot go fast. All of a sudden the barrow whipped across the road and earns in front of me. The old man (Duke) ran across in front of the pony and I saw him stagger and fall on to the barrow; I never felt the least shock, and I am certain I didn't touch him. I passed on the offside of the waggon to get through the traffic; a three-horse tandem waggon is of considerable length. Just as I passed by the leader's head the policeman came up to my pony's head; I had not heard anyone shout. He said, "Do you know what you have done?" I said, "No, I don't"; he said, "You are drunk"; I said, "That's a lie; I'm not; I have not had sufficient to make me drunk or any one man"; he said, "Well, come along; you have knocked a man down; I must take you to the station." I am weak on the ankles;

as I went to get hold of the dashboard my hand slipped and I went back again on to the seat. The constable said, "I can see you are drunk"; he got hold of me and helped me down. At the station I again denied that I was drank. I am 64 years old, and have never had any charge brought against me.

Cross-examined. as I was pulling off to get round the waggon I saw the man stagger and fall, but I knew I had not touched him, and I did not stop; he may have suddenly become exhausted or lost consciousness.

GEORGE ALEXANDER , coffeehouse-keeper, 16. St. Mans Hill, said he had known prisoner many years; he always bore the reputation of being a steady, sober man.

Verdict, Not guilty. (A similar verdict had been returned by the Coroner's jury.)

Reference Number: t19071021-14

BROOKS, Edward (28, labourer) ; carnally knowing Lily Parrott, a girl under the age of 13 years.

Mr. W. Clarke Hall prosecuted; Mr. Huntly Jenkins defended.

At the close of the case for the prosecution his Lordship said it would be unsafe to convict, and the jury returned a verdict of Not guilty.

BEFORE THE RECORDER.

(Tuesday, October 22.)

Reference Number: t19071021-15

CLARKSON, Henry (35, clerk), pleaded guilty to burglary in the dwelling-house of Clara Child and stealing therein a chatelaine and a photograph frame, 14 packets of cigarettes, and the sum of £5 19s. 10d., her goods and moneys. Many previous convictions were proved. Sentence, Five years' penal servitude.

Reference Number: t19071021-16

STEVENS, William John Thomas (31, postman), pleaded guilty to stealing a post letter containing a postal order for 10s., the property of the Postmaster-General, he being employed under the Post Office; stealing a post letter containing two postal orders for 5s. each, the property of the Postmaster-General, he being employed under the Post Office.

JOHN DUNCAN , clerk in the General Post Office, spoke to making up a test letter for delivery by the prisoner on September 18, there having been a number of complaints of non-delivery in prisoners neighbourhood for about 12 months. Prisoner served in the Post Office Corps in the South African War. He was watched, and did not deliver the letter.

Sentence, Nine months' imprisonment with hard labour.

Reference Number: t19071021-17

CLARK, John (25, clerk), pleaded guilty of stealing a watch, the property of Samuel Dresden, from his person, and feloniously receiving same. Many previous convictions were proved.

Sentence, Three years' penal servitude.

Reference Number: t19071021-18

MACHEATH, Arnold Thomas Colin (21, postman) ; stealing a post letter containing a postal order for 7s. 6d., the property of the Postmaster-General, he being employed under the Post Office; stealing a post letter containing a postal order for 2s., the property of the Postmaster-General, he being employed under the Post office.

Mr. Forster Boulton, M.P., prosecuted.

ALEXANDER WATSON , 1, George's Road, Farnham. I identify the postal order for 2s. now shown to me and produce the counterfoil. I enclosed it in a letter addressed to the editor of the "Winning Post," 15, Essex Street, Strand, for a special edition of that paper. I gave, the envelope to a Mr. Jelly to post for me on September 30.

FRANK JELLY , labourer, proved posting the letter at the General Post Office, Godalming, about 10.30 am.

HUBERT WILLIAM KIRBY , cashier of the "Winning Post." It is my duty to deal with letters containing remittances. I never received the postal order produced.

HUBERT WILLIAM KIRBY , overseer, Western Central Post Office. A letter posted at Godalming at about half-past 10 would arrive at the West Central office about 2.45 p.m. the same day. Prisoner would be making the 2.40 collection at that time. On September 30 he was in the office about 3.1 p.m. In the ordinary course the letter addressed to the "Winning Post" would have been delivered in Essex Street about 3.40 p.m. Prisoner was not the Essex Street post-man. The letter would be sorted by the postman who takes the 3.20 delivery out. Prisoner could have got access to the letter if he had wanted to. When the letters are brought in they are turned out on to a table and each postman sorts out his own letters. If the over seer's back is turned it is possible for a man to go to another part of the office.

WALTER CHARLES JAMES , messenger, General Post Office. On October 1 I was keeping observation on prisoner. He left his home in Clerkenwell, about half-past nine, and after making a call in Theobald's Road went by 'bus to Holborn. Thence he went by bus to Stamford Street, Blackfriars Bridge, where he got on to a car going in the direction of the Elephant and Castle. I got on to the car too. He went into the post office in London Road and I followed him. There were two other persons in the office—a man and a woman. The man deposited some money and the woman purchased stamps. Prisoner stepped aside and let me go to the counter first. The other two persons were served before I was. I purchased a penny stamp. When I came out prisoner was left alone in the office. I watched at the door and saw the clerk cash three postal orders, one of them being the order for 2s. produced. There were also orders for 7s. 9d. and 5s. 3d., payable to James Burleigh.

To Prisoner. I was not likely to mistake you for anybody else. I had been watching you for a fortnight. When I was told off to watch you I was given the number on your uniform.

ELIZABETH GERTRUDE LINTOTT , assistant at the sub-post office, London Road. I remember seeing the last witness on October 1 at about

10.30 a.m. After Mr. James had purchased a stamp he left one person in the office, for whom I cashed the three postal orders produced, which have my initials upon them. I do not identify prisoner.

EDWARD WHITE BRUCE , clerk in the secretary's office, General Post Office. I saw prisoner at the General Post Office on October 1, about four o'clock. I told him who I wag and that I was going to ask him certain questions which he could answer or not, but the answers would be taken down in writing and might be used against him. I showed him the three orders and told him I believed them to have been cashed by him that morning at the London Road Post Office. He said, "I never cashed them." I said, "You were seen to enter the London Road office shortly after 10 o'clock." He said, "I have never been in the office in my life." I then asked him to write at my dictation the names appearing on two of the postal orders, "J. C. Burleigh, London Road," and "John Craven Burleigh, London Road." Then he wrote his full name and address. In both instances he spelt Burleigh, B-u-r-1-i-e-g-h, the same as the orders had been signed. On October 11 he was arrested. The writing on the orders it very much disguised, but, from certain peculiarities, I am of opinion that it is the writing of prisoner.

Police-constable RALPH CALDECOTT , General Post Office. I was present at the interview between Mr. Bruce and prisoner on October 1. Prisoner was given into my custody on October 11. I took him to Cannon Row Police Station and charged him with stealing a postal order for 2s. He made no reply to the charge.

Verdict, Guilty.

Sentence, Nine months' hard labour.

Reference Number: t19071021-19

UGARTE, Francesco Percy (24, manager, a Spaniard) ; forging and uttering a certain security for the payment of money, to wit, a banker's draft for the payment of £100, with intent to defraud the London and South-Western Bank, pleaded guilty to uttering, and was respited till next Sessions on Mr. Gonzales, with whom be has business relations, undertaking to make arrangements for his return to his friends in Spain.

Reference Number: t19071021-20

JENKINS, John (42, joiner), pleaded guilty to breaking and entering the warehouse of Phineas Hayman and stealing therein 47 rings, one jacket, and other articles, his goods, and feloniously receiving same; breaking and entering the warehouse of Edith Gertrude Botly and stealing therein the sum of 2s. 6 1/2 d., her moneys, and feloniously receiving same; assaulting Charles Everett, a constable of the City of London Police force, in the execution of his duty.

There are numerous previous convictions dating back to 1886.

Sentence, Seven years' penal servitude for the burglaries which were committed on September 23, and 18 months for the assault on the constable, who is still incapacitated, the sentences to run concurrently.

Reference Number: t19071021-21

SHIPTON, Alfred Frederick (27, door attendant), pleaded guilty to feloniously marrying Constance Lilian Towers, his wife being then alive.

Sentence, 18 months' hard labour. Prosecutrix, who was in domestic service, was of unimpeachable character.

Reference Number: t19071021-22

HAWKINS, William (46, plasterer), pleaded guilty to feloniously marrying Maria Racey, his wife being then alive.

Sentence, One month's hard labour.

Reference Number: t19071021-23

LUCCIONI, Frederick (25, waiter), and LUCCIONI, Joseph (30, waiter); both breaking and entering the shop of John Boss, with intent to steal therein. Joseph Luccioni pleaded guilty.

Mr. Horace Fenton prosecuted.

Police-constable ROBERT ARMSTRONG , 642, City. On the 3rd of this month in the early morning I was on duty is Arthur Street, and saw the two prisoners coming along King William Street. They stopped to examine the doorway of No. 49. Concealed on the opposite side of the street I saw Joseph, assisted by Frederick holding his legs, get to the top of the doorway and push the fanlight open, and get through into prosecutor's restaurant. Frederick ran up the street very quickly. I ran after him and brought him back to No. 49. There was nobody about at the time. On Frederick I found a tin opener. I gave Frederick in charge to another constable, and getting a ladder I entered the restaurant through the fanlight. I found the cash register had been removed from the counter, and placed on the floor on its side at the back of the premises. Prisoner Joseph I found concealed in the basement behind a wooden partition.

To prisoner Frederick. I saw you help your brother through the fanlight.

CLARA GOLDEN , manageress of the restaurant. The fanlight was left open 2 in. or 3 in. It is always left open at night for ventilation. I do not live on the premises. The cash is removed from the, cash register at night and looked up in a cupboard. The cash register is always left on the counter at night. In the morning it had been removed to the far end of the shop and placed on its side.

The Recorder observed that prisoners were indicted for breaking: and entering a shop, hot if the window was left open that was clearly not a breaking. In the case of an ordinary cash window a person entering by raising the sash sufficiently to admit of him entering was not breaking into the house. This was decided in the case of Rex v. Stevenson (Moody's Crown Cases Reserved, 1, 1884 to 1837), where the question was whether prisoner had been properly convicted of housebreaking or should have been convicted of larceny only. The judges met in Hilary Term, 1828, and all said that there was no decision under which this could be held to be a breaking, and that they ought not to go beyond what had been decided unless the case was within some settled principle, which this was not.

The Grand Jury being still in the building, the Recorder directed that a new bill should be submitted to them, charging prisoners only with larceny of the till, and directed a verdict of acquittal on the present charge. The above decision, he observed, no doubt had its origin in the distant times when men convicted of housebreaking were hanged and the fullest effect was given to any technicality which would enable a man to escape the dread penalty of the law, and the mere removal of the till from one place to another justified the conviction for larceny.

Upon the indictment for larceny the Grand Jury returned true bill.

(Thursday, October 24.)

Prisoners were brought before a fresh jury, the evidence being the same. Joseph again pleaded guilty.

FREDERICK LUCCIONI (prisoner, on oath) stated that he was out at that early hoar with his brother going to Rotherhithe to seek employment. In passing No. 49 Joseph observed that the fanlight was open, and said, "I am hungry; I have got nothing to eat; I am going is here to see if I can get something." Then he climbed up the door and witness walked away quickly because he was frightened and wanted to have nothing to do with it. He was followed, and brought back by the constable as described.

Verdict, Guilty.

Police-constable SMITH , 577 N, described prisoners as street vendors, and said the elder had been an artist's model. In 1903 they were charged as suspected persons. Since then they had been hawking. On that occasion he bad them under observation from half past 10 at night till quarter to two in the morning, and during the whole of that time they were trying locked up shops. The elder prisoner bad bound round his waist two long leather straps 7 ft. long and a holder in his pocket. They were discharged with a caution.

Inspector LYONS said that since their release on the occasion referred to prisoners had been employed by Messrs. Locke, Lancaster and Co., white lead merchants, Millwall, for over 12 months. The elder prisoner was discharged for laziness and the younger on account of ill-health. In 1905 Joseph was employed by the Central Catering Company, but only for a few months, as the firm went out of existence. Frederick was employed from August last year till September this year by one of his own countrymen, but left in consequence of a dispute about money matters. The elder prisoner had been in England 12 years and the younger 10 years.

Sentence, each Nine months' hard labour. The Recorder observed that had the fanlight not been left open prisoners might not have been tempted to this hazardous enterprise.

BEFORE THE COMMON SERJEANT.

(Tuesday, October 22.)

CARTER, William, found guilty at last Session (see p. 737) of maliciously damaging and released on recognisances to come up for judgment at the present Session, failed to attend. It was stated that he had been for a time at a Church Army home, which he had left and had written saying he was going to Reigate; he bad not since been heard of. His recognisances were estreated.

Reference Number: t19071021-25

DAVID, Mary (28, waitress), was indicted for maliciously publishing certain false and defamatory libels of and concerning George Florentino; also attempting to kill and murder herself. A jury was sworn to try whether the was competent to plead.

GEORGE GRIFFITHS , medical officer at Holloway Prison. I have had prisoner under my observation and care since September 24 last and previously. I have formed the opinion that she does not realist the position in which she stands, and that she is not competent to instruct anyone to represent her. She has attempted to commit suicide in prison. Her condition is neurotic. She has constantly threatened to commit suicide and says she will do so on the first opportunity.

Verdict, That prisoner is unfit to plead. Ordered to be detained during His Majesty's pleasure.

BEFORE JUDGE RENTOUL.

(Tuesday, October 22.)

WAINWRIGHT, Mildred (30, laundress), convicted on September ber 14 of feloniously wounding William Windsor with intent to do him some grievous bodily harm, was bound over on the recognisances of her father William Shoebridge and herself in £5 to come up for judgment if called upon, the father to endeavour to send her to Canada.

Reference Number: t19071021-27

CLIFTON, John William (48, hosier), VINCENT, James Harry (43, traveller), DOIG, Alexander (39 accountant), MARTIN, John (24, agent), RALLI, John (43, clerk), MOORE, William Roger Caldwell (50, accountant), GOODMAN, Joseph (50, merchant) ; all conspiring and agreeing together and with divers other persons whose names are unknown, unlawfully on April 6, 1906, and on divers subsequent dates between that date and June 28, 1907, to cheat and defraud such liege subjects of His Majesty as might be induced to trade with them of their moneys, goods, and chattels, and obtain by false pretences goods from such liege subjects of His Majesty as might be induced to trade with them, with intent to defraud; all on March 1, 1905, and on divers other dates between that date and June 28, 1907, conspiring and agreeing together and with divers other persons whose names are unknown to obtain possession of the houses and tenements from such liege subjects of His Majesty as might be owners of houses or tenements as might be induced to let the same to them, and to chest and defraud such liege subjects of His Majesty of the rents and profits arising from and out of the said houses or tenements; all obtaining by false pretences from Marshall and Snelgrove, Limited, and from John Bright three and a half yards of flannel, 10 yards of material called "Union," 11 1/2 yards of material called "Viyella," three and three-quarter yards of cloth, 29 yards of linen, and five and three quarter yards of cotton; from Alfred Percy Keeling and others one piece of silk, one piece of chiffon, one piece of taffeta, one piece of silk, and 63 1/2 yards of chiffon; from the Singer Sewing Machine Company, Limited, and Sidney Raper three sewing machines, three sewing machines, and three sewing machines; from Eugene Fever and another and from Walter Johns one piece of voile, three piece of voile, and three pieces of serge; from John Sharland and others and from Francis George Woodhouse three pieces of taffeta and two pieces of taffeta; from David Moseley and Sons, Limited, and from Charles Thorold Mabey ten coils of garden hose, six coils of garden hose, six cycle tyres, and 12 coils of garden hose; from Ethel Radin and Charles John Gray 37 brass window fittings, and from William Sutcliffe and John Wardley 20 pieces of calico, in each case with intent to defraud.

Mr. R.D. Muir, Mr. A. Gill, Mr. W.H. Leycester and Mr. Graham Campbell prosecuted; Mr. Walter Frampton defended Clifton and Doig; Mr. Paul Methuen and Mr. G. Gathorne Hardy defended Vincent; Mr. G.W.H. Jones defended Martin; Mr. Samuel Moses and Mr. Elkin defended Ralli; Mr. George Elliott, Mr. Thorne, and Mr. Elkin defended Goodman; Mr. J.P. Grain and Mr. Eustace Fulton defended Moore.

JOHN CHARLES WILLES , accountant to W. and F.C. Bonham and Sons, 65, Oxford Street, auctioneers. Premises at 10a, Soho Square, belong to my firm, and in 1904 were let to Knights and the prisoner Clifton, trading as Long and Co., for a term of three years at £95 a year. Burn distrained for rent, and Long and Co. now owe us £110 16s. 10d. for rent.

Cross-examined by Mr. Frampton. £15 16s. 10d. is due on the third distraint and £95 for rent after Clifton left the premises. (To Mr. Elliott.) I do not know Goodman.

FREDERICK BURN , 65a, Oxford Street, broker. On December 12, 1905, I distrained on 10a, Soho Square, for £23 15s., rent due at Michaelmas, and put Edwards in possession. He remained in for 35 days, when the goods were sold to Watson, a nominee of Clifton. The distraint was satisfied by two payments, a cheque for £16 10s. by Goodman, which was returned dishonoured, and afterwards presented and paid, and a further payment. On March 6, 1906, I again put Edwards in possession for the Christmas rent, which was paid 28 days afterwards. On May 2 I put Edwards in possession for the March rent. He remained in 49 days, and the goods were sold on June 26 and did not realise the amount of the rent. Goodman called on me two or three times.

Cross-examined by Mr. Elliott. Goodman called to see me about giving Clifton time and to talk the matter over. I think he said he would put the matter right if I held over. I gathered he was the financial man looking after Clifton.

ALFRED EDWARDS , bailiff's assistant. In December, 1905, Burn put me in possession at 10a, Soho Square, and I remained 25 days Clifton was in command of the business; shirt making was being carried on. I was put in again in April, 1905. Clifton was still

conducting the business. I saw and Goodman there on several occasions conversing with Clifton. In June, 1906, I was put in again and remained in for 49 days. Clifton was still there, and Goodman and Doig visited there. Martin took some books away on June 20 when the goods were cleared out; he brought a card from Clifton, "Please let bearer have the books," looked over the books and took some; the rest we left there. I have seen Ralli talking to Clifton in the street and in the house three or four times. During the second distraint five cases arrived; I did not see the contents, but the empty cases were left.

Cross-examined by Mr. Elliott. I thought Goodman was a customer. He came in like anybody else and appeared to be buying goods. I did not tell him what I was there for. (To Mr. Jones.) I have never seen Martin before or since he came for the books, about 15 months ago. I have no doubt he was the man who came. (To Mr. Frampton.) I saw once or twice. I could not say how long he stayed.

ARCHIBALD CECIL KNIGHTS , shirt dealer. In April, 1902, I started in business with Clifton as shirt makers under the name of Long and Co. at 10a, Soho Square, and in April, 1905, I left the business under an arrangement that I was to receive £50 as my share of the capital. I have not received any part of the £50. The business was then fairly solvent. The value of the stock and machines was about £120, the stock being not more than £20. I kept a complete set of books, I saw, cash-book, private ledger, and day book. We bad no stock book, as the material was sent in to be manufactured and then sent out again, and £20 would cover its value We had no dealings with Bruin Bros., of 65, Fenchurch Street, or with J.H. Vincent, of Mad-dox Street, or Market Place. I do not know either of those persons. I had never seen Vincent, Doig, Martin, Relli, or Moore before I saw them at Bow Street. Moore and nothing to do with the books. Good, man had done business with us to the extent of £40, but he had no interest in the business. Up to the time I ceased to be a partner the business was respectably conducted, and Clifton was, as far as I knew, a perfectly honest man.

Cross-examined by Mr. Frampton. I have known Clifton since 1900, so far as I know, as a respectable business man. (To Mr. Elliott.) Goodman came as a customer. We also had dealings with W.H. Cross, of 70, Fulham Road. (To Mr. Eustace Fulton.) The stock was disposed of quickly, simply coming in and being made up. At one time there might be a very small quantity and at another a large quantity.

Re-examined. We never had more than £40 worth of stock at the outside at any time. (To the jury.) The partnership was for a period of three years, and was dissolved when that time was up.

ELIZABETH WELSH , dressmaker. In July, 1904, I began to work for Long and Co. at 10a, Soho Square and continued till June 1906. Knights was a partner with Clifton to April, 1905, after which Clifton carried on business alone to the same amount as before. There

were three distraints for rent. About June, 1906, we moved to 26 Dean Street, Soho, when the business (which was still really Clifton's) was carried on in my name with the same customers for eight or 10 weeks, when I left. I left because the women made very funny remarks about their money—one woman was owed 5s.—and I as forewoman had to pay them. After Knights left I have seen Vincent and. Vincent used to come and leave a note for Clifton if he was not in. used to come every morning, and if Clifton was not there he would ask for Clifton's letters and if Clifton had left anything for him. On one occasion when Clifton was ill he opened Clifton's letters and read them. I have seen Martin two or three times. Once he came for a bale of long cloth, which he opened and took part of away. Ralli used to come occasionally in the morning and see Clifton, and they would go out together. Goodman came, not very often. He once spoke to me. I knew his voice by talking with him through the telephone. He would ring up four or five times a day and ask if any parcels had arrived; I would tell him and he would send up for them and get them. We had no typewriter at Soho Square or Dean Street—all letters were written. Knights kept the books till he left; afterwards Clifton kept them. The books were at Soho Square when we left. At Dean Street only one small book was used.

Cross-examined by Mr. Frampton. I left Clifton in the summer of 1906 because one of the workpeople complained about 5s.; that was the only complaint. While I was there Clifton was a good employer, and paid me and always paid his servants. The work was telephoned for and fetched. came on several mornings and asked for Clifton when he was out and then went away, and for some portion of the time came, nearly every morning. Once I handed him some letters. I handed something in a large envelope which Clifton had given me to give to him; it contained letters. I could not say if there was a writ. (To Mr. Elliott.) I should say I saw Goodman there up to a dozen times. He took no control; simply spoke to Clifton and asked for parcels. (To Mr. Paul Methuen.) I did not think there was anything wrong in the business being carried on in my name; there was no attempt to deceive anyone. Vincent left a note several times for Clifton. On two occasions he brought the note. (To Mr. Jones.) Martin came once for a parcel; I do not know what it contained. (To Mr. Eustace Fulton.) There were more than 20 workwomen and a great deal of work was done on material already cut. Sometimes we were busy and sometimes slack.

ISAAC GOLDSTEIN , 143, Commercial Road, E., auctioneer, and estate agent for Morris Cohen, owner of 6a, Stewart Street, Spitalfields. In May, 1906, Martin called to view 6a, Stewart Street on behalf of Long and Co., shirt-makers. He said he thought the premises would suit, and I afterwards received typed letter produced from Long and Co., of 10a, Soho Square, offering to take the place at £75, and referring me to J. Rowley, of 9, Teignmouth Road. I also

had a telephone message referring me to Vincent and Co., wholesale mantle manufacturers, 4, Market Place. I wrote to them, and received type written letter produced, stating they bad done business with Long and Co. for some considerable time, and they had met their obligations properly. I also wrote to Rowley, and got a satisfactory reference. Both the typed letters have the peculiarity that the "p" is out of alignment. The references were submitted to the landlord; he instructed me to accept Long and Co. as tenants. An agreement was drawn up, which Martin called for, and which was returned to me by him signed by J. W. Clifton letting the place for three years at £75 per annum, and on May 30, 1906, I handed Martin the keys. I have received no rent whatever. Early in August I employed Lewis to distrain. I had repeatedly visited the premises, celling practically every day about the middle of July for the rent, and saw no business carried on whatever and no hands employed. Sometimes the premises were locked up. Martin came every morning for the letters. I saw no goods on the premises. I saw Martin take a parcel away one morning. I understood he managed the branch for Long and Co. I went with Lewis to distrain. Martin and another man were there. There were no goods; there were some boxes which looked as if they had goods in them, but they were empty; there were two sowing machines. Ralli came to see me. He said he was very sorry I had taken that step; he was head traveller to Long and Co., and that the money should be paid; he asked for time, and said that Mr. Long was gone to Margate on a holiday, and that he was sorry he could not get into communication with him, as he did not know what hotel he was staying at. I said it was very peculiar for a principal to go away on his holiday without leaving his address. He said he would endeavour to find him, and afterwards came back and said he had telegraphed to Margate, and that Mr. Long had gone on to Paris. After five or six days, on his statement that Long was coming back in a few days, I took the man out on payment of expenses. The rent not being paid, I put Lewis in again in a few days, and the two machines were gone; there was nothing in the place but a cutting-table, worth about 2s.—nothing that would pay the expenses, and it was no use leaving a man there. Some three weeks afterwards I took possession of the premises. I told Martin I considered they were nothing but a pack of swindlers—a long firm. Martin simply shrugged his shoulders.

Cross-examined by Mr. Frampton. I never saw Clifton. I believe I spoke to him on the telephone. I Was told P had missed Mr. Long by a minute. I bad never seen till after I had seen Ralli and Martin. (To Mr. Jones.) When I told Martin the affair was a swindle he said, "I am only the manager"—not messenger.

SAMUEL LEWIS , 374, Hackney Road, assistant bailiff to Goldstein. I was put in possession at 6a, Stewart Street, by Goldstein on August 9, 1906, and remained in for a week. I saw no business at all being earned on, and no one employed there. There were three sewing

machines, two Singers and one Jones, which was in a damaged condition, three tables, and in the office there was a telephone and one chair and a costume stand. There was no cloth or materials of any description. Martin used to come in the morning at various times, take the letters, and leave. He stayed sometimes about an hour if he expected anyone to call, or he might say, "I shall be back again about three o'clock." Martin never told me what he had to do with the business—I always treated him as a principal in the firm.

Cross-examined by Mr. Jones. Martin did not commence by sweeping out the premises. I knew nothing about a strike of machinists in London.

ALFRED THOMAS EDWARDS , managing clerk to May and Rowden, 27, Maddox Street, auctioneers. In February, 1905, we had the letting of the third floor of 20 and 22, Maddox Street, received an application from the Mercur Society, 65, Fenchurch Street, and the premises were eventually let to Vincent by the assignment of a lease at £150 a year, possession being given in March, 1905. He gave references to Berg and Leslie, the Badminton Manufacturing Company, and Braun Bros., of 65, Fenchurch Street. We received satisfactory replies from all those. Braun Bros. wrote that they had had business relations with Vincent for some time, and that they considered him a most desirable tenant, fully in a position to pay the rent stated. No rent was paid, we put in a distress, and there was not enough realised to pay the expenses. We took possession in August, 1905. I never saw Vincent in the matter at all. Ralli came in February, 1905, as a friend of the gentleman from the Mercur Society; I did not connect him with the tenant. I think they had a tailor or two for a little while on the premises.

Cross-examined by Mr. Methuen. Application was made by the Mercur Society on behalf of a Mr. Vincent, of 76, Brondesbury Villas. [To Mr. Moses.] I saw Ralli once in February, 1905, in reference to 20 and 22, Maddox Street. I could not say for certain that he did not call also in reference to the sale of a lease to Abner and Co., of Regent Street. I am quite certain he came with the gentleman from the Mercur Society. [To Mr. Elliott.) I never saw Goodman at all.

VIVIAN LEE , clerk to Jubber and Co., estate agents for 4, Market Place, Oxford Street, premises owned by Carter Paterson and co., Limited. On October 19, 1905, I received a letter from J. H. Vincent, of 76, Brondesbury Villas, offering £150 per annum for the premises, and referring to Long and Co., 10a, Soho Square, W.R. Caldwell Moore, 142, Palmerston House. I received letter of October 25 signed "Long and Co., pp. J.W.C," stating they had known J.S. Vincent for a considerable time, and considered him quite able to pay the rent, and a similar letter from Moore. We let the premises to Vincent in November on his paying the rent up to Christmas under the agreement provided, signed by J.H. Vincent, and witnessed by John Ralli. We received no further rent, and the landlords subsequently took possession.

Cross-examined by Mr. Methuen. Vincent's letter is written from 76. Brondesbury Villas. [To Mr. Grain.] Moore's letter is dated October 26; the body of it is apparently written by a clerk; it is signed by the principal, and dated from Moore's real address. [To Mr. Elliott.] I have never seen Goodman.

HENRY CLOSE , City superintendent to Carter Paterson and Co., Limited. In 1905 my firm owned, and occupied part of, 4, Market Plate. Vincent became tenant of part at a rental of £175, and paid three week's rent to Christmas, 1905. I made many applications for rent. Frequently I could get no reply, but on one or two occasions I saw a man who said Mr. Vincent was not in. I never saw Vincent I was in the same building and never saw any signs of business being earned on. We took possession at the end of July, 1906, when seven month's rent was due, none of which has been paid.

To Mr. Elliott. I never saw Goodman.

PATRICK WALSH , accountant to Jimenez and Sons, 65, Fenchurch Street, merchants. 65, Fenchurch Street is a large block of offices owned by my firm. On March 25, 1903, we let two rooms in a part of the building known as City Chambers, to Braun Bros., at £42 or £45 per annum. I knew one of the partners, Henry Mayer Braun; the other partner, I believe, was Shepherd, whom I did not know. Is August, 1904, we had to distrain for rent, and in September, 1904, a fresh agreement was made with Braun alone, trading as Braun Bros., his partner having left him. I think at a slightly increased real Only about £10 rent was paid, and on September 16, 1906, we took possession under a writ of ejectment. We found about halfs eaten men there—Goodman, and I believe Doig, and Ralli. They were having an altercation with our solicitor's clerk; they did not want to get out, wanted more time—they were packing up their goods and seemed very excited. They went away eventually. I saw Goodman several times about the time of the fresh agreement. I know Ralli's face very well from seeing him in the building—as I went from or to my office. I frequently saw him in the passages and corridor.

Cross-examined by Mr. Frampton. I cannot swear positively to seeing Doig. [To Mr. Elliott.] When we took proceedings in relation to the rent we sued Braun Bros. I believe Mr. H.J. Mayer Brian was served with the writ. I knew him personally, and that to was carrying on business at these premises. I have no evidence that he was a fraudulent person, except that when we wanted the rent we could not find him. If you want my personal opinion of Braun I do not think much of him. [To Mr. Moses.] There are about 60 offices in 65, Fenchurch Street; I have seen Ralli in the corridor, and also in the office on the day of the ejectment.

THOMAS BALL . I have been housekeeper at 65, Fenchurch Street since November, 1903. Braun Brothers then occupied two rooms on second floor Nos. 20 and 21. Their name was on the door and also the Mercur Society. I knew two partners of Braun Brothers; they were there till about the middle of 1904, when they were supposed

to have handed the business over to a man Darned Shepherd. I found out afterwards that was Goodman; he was pointed out to me by Braun as Mr. Shepherd. After the summer of 1904 one of the Braun brothers ceased coming there, the other came in occasionally for about three months. I have not seen him since. Goodman came nearly every morning. I have seen Moore come in and out about a dozen times. Vincent was there occasionally. Parcels frequently came and I took them into the office; some large parcels would be left downstairs. They were always removed in the course of the day.

Cross-examined by Mr. Elliott. I first knew the firm on November 19, 1903, when I came as housekeeper. I thought they carried on business on the premises as general merchants. I knew Henry M. Braun as the head of the firm. I did not know any person named Shepherd except Goodman. I never heard Goodman describe himself as Shepherd; he told me he was Goodman, and persons who called called him "Mr. Goodman." (To Mr. Grain.) I only saw Moore a very few times in the building—two or three times—I think not at all after Braun left. I thought Braun Brothers were carrying on a genuine business. (To Mr. Methuen.) Vincent came nearly every day and stayed long enough to do business—perhaps half as hour. If he was the first he would take the letters and open them, or parcels. I suppose he would open the letters as he took them when he came first. (To Mr. Elkin.) I used to get a signature for registered letters. I cannot say I ever got a signature from Ralli.

(Wednesday, October 23.)

FRANK MUTCHESON HILBERRY , 140, Leadenhall Street, estate agent. In August, 1906, I had the ground floor and basement of 71 and 73 St. Mary Axe put into my hands to let. Ralli applied for an order to view other premises in St. Mary Axe, and an application subsequently reached me from 71 and 73 on behalf of a Mr. Doig. of Palmerston House. References were given to W. R. Caldwell Moore, Palmerston House, and J.H. Vincent and Co., 20 and 22, Maddox Street. Moore wrote that he had known Doig 12 years, been constantly in touch with him, And considered him a highly respectable and cautious business man. Vincent and Co. wrote that they had done business for a considerable period with Mr. Doig and had no hesitation in saying they considered him a most reliable tenant. We got a third reference of a similar nature from Braun Brothers, of 65, Fenchurch Street, import and export merchants, also at Warsaw Russia, and Durban, Natal. (This letter was stated to be in the handwriting of Ralli.) Upon those references Doig was accepted as a tenant at £110 a year under lease produced. I had nothing to do with collecting the rent.

Cross-examined by Mr. Frampton. I do not think I ever saw Doig. (To Mr. Elkin.) Ralli got an order to view other premises, an I we sent him a list containing these. He did not send me any references.

EVA BATRICE COTTEE , employed at Poet Office, Theydon Bois, Essex. I produce letter received at my office from "J. Martin, care of London Export Packing Company, 71 and 73, St. Mary Axe. Dear Sir,—As I have given my address to several friends as Fernside, and am not yet able to take possession, may I request that you should readdress to me at this address all correspondence for the present?" One or two letters were forwarded. This letter is typed, and it has the peculiarity that the "p" is dropped below the line.

FREDERICK WILLIAM HAYES , 18, High Road, Willesden Green, estate agent. In October, 1906, I had the letting of shop and premises at 60, High Road, Willesden Green, owned by Alfred Miles. On October 20 Ralli called on account of W. H. Cross, 70, High Road, Fulham, and said they were looking out for a shop for a branch business. I received letter produced of October 27, 1905, from W.H. Cross, shirtmaker, hosier, and glover, 70, Fulham Road, South Kensington, offering to take the premises on a three years' agreement at £90, and giving references to Long and Co., shirimakers, 10A, Soho Square, and J.H. Vincent and Co., 20 and 22, Maddox Street, signed "W.H. Cross pp. J.A.R. I received a very good reference from "Long and Co., J.W. Clifton," and also from Vincent; the owner accepted Cross as tenant, and agreement produced, dated November 11, for three years, at £90, was sent to and signed by W.H. Cross. The only person I saw in the mutter was Ralli. He called about some repairs, and then told me his name. I did not hear of the name of Goodman. After they had been in some time I saw a notice put up in the shop that the business had been transferred. Ralli subsequently, about the end of February, 1906, called and told me the business had been purchased by Mr. Max Adler, and said they wished to have the agreement transferred to Adler. I referred them to the owner's solicitors. Ralli instructed me to let the upper part of the premises, which I succeeded in doing, to Mr. Jory, at Christmas, 1905. I saw Ralli once or twice at the shop.

Cross-examined by Mr. Elkin. Ralli gave the name of Cross as his principal, which is not unusual. I never saw anyone who was alluded to as Cross. I never asked Ralli for his name or address. (To Mr. Elliott.) I have no recollection of seeing Goodman. There was a young man of about 19, who might be Harry Goodman, occupying a minor position in the shop—I would certainly not suggest he was manager.

JOHN ROBERTS , of Griffith and Roberts, solicitors to Alfred Miles, owner of 60, High Road, Willesden Green. About March 10, 1906, Ralli called on me giving the name of Israel, and stated that he was Mr. Adler's representative, who had bought the business of Cross, at 60 High Road, and wanted a fresh lease to Adler for the balance of Cross's term. I said I understood that Cross was a bankrupt, and had absconded, and I should have to be quite certain the trustee had no an interest in the lease. He went away saying he would ascertain who the trustee was. He called at various times during the year on

the same matter, and referred me to Mr. Gregory, a solicitor, in king's Bench Walk. I always refused to accept Adler as tenant. We distrained three times for the real due in March, June, and September and got paid, but the Christmas rent was not paid. I wrote to Adler and to Coleman about the rent, and received letter produced (stated to be written by Doig) from 70, Fulham Road, stating that Adler was on the continent, signed "For M. Adler, J. Wilson." When the September rent was coming due I wrote to Adler and received typed letter (produced) from 70, High Road, under the heading "General Outfitters' Supply Stores," and stating, "Your letter addressed to Mr. Adler has been opened by us, our Mr. Coleman having purchased the business from Mr. Adler, of which Mr. Miles was notified," etc. We had not heard a word about that before. We put in a distress for the September rent, and Israel (Ralli) came and tendered it on behalf of Coleman. We took it and gave a receipt, but stated that we did not recognise Adler or Coleman, or anybody, Cross having become bankrupt. I have never seen Coleman or anyone except Ralli and the solicitor. On October 25 I had a letter saving the business had been transferred to a Mr. Paul Bury. I never saw him. That letter is typed and the "p's" are underneath the line. On November 21, 1906, I had a typed letter (produced) from Paul Bury asking for the lease to be transferred to him, which we refused. Before we could distrain for the Christmas rent the prisoners were arrested, and we took possession in January.

Cross-examined by Mr. Elkin. We distrained for the rent is consequence of our refusal to recognise Adler as tenant—we did not want to complicate matters. Ralli always called as a representative. (To Mr. Elliott.) I have never seen Goodman. I have never seen anybody except Ralli and his solicitor, Mr. Gregory.

MARY ALICE JORY , wife of John Jon-, foreman bricklayer. Since December 20, 1904, I have occupied the upper part of 60, High Road, over the shop in which the business of a gentleman's outfitter was carried on. I have seen there a young man named Harry Goodman. Ralli, a shopman named Webb, and a coloured man. I once saw the prisoner Goodman behind the counter in the back of the shop when I went in to make a purchase in the early part of 1906 After they left I saw Martin there. I always paid my rent to Harry Goodman. I have never seen Cross, or Max Adler, or Paul Bury. The premises remained open till the early part of December, 1906, when they left. Martin then called three times for my rent. My letters were delivered in the letter-box in the shop door, and Harry Goodman or the black man used to bring them up, and after they left we had to ask the postal authorities to deliver them at the back. When Martin called for the rent he gave me two letters that had been put into the shop. My rent book is initialled "H.G" (Harry Good-man), except the last two, which are signed "I. Israel" (Ralli), and one in March signed "H. Webb," the assistant. I did not know any) of them by name except Harry Goodman. Goodman seemed to take the lead in the business; when I wanted the gas put on I had to ask

H. Goodman, and he said he would ask his father. I naturally supposed Goodman was our landlord. I never knew that Adler or Coleman or Bury had become our landlord; I never really knew who my landlord was.

Cross-examined by Mr. Elkin. I frequently saw Ralli in the shop serving customers at different times of the day and night; the money would old be paid generally to the young woman, the cashier. (To Mr. Jones.) When Martin called for the rent that was the first time I aaw him. (To Mr. Elliott.) H. Goodman told me he was 20; Webb was about 30; the black man was about 30 or 35. I was there from December 20, 1905, and am still occupying the premises. To the best of my knowledge I only saw Goodman once, never spoke to him, and did not then know who he was.

Detective ARTHUR TRITTON , X Division. On November 19, 1906, on instructions, I went to 60, High Road, Willesden Green. I saw Goodman outside talking to a gentleman and in the shop I saw Ralli. I asked if he was the proprietor. Ralli said, "This is the proprietor," pointing to a gentleman whom he introduced as Paul Bury, who is not here. I said, in Ralli's hearing, "I am making inquiries respecting some lamps sent here from Birmingham for which payment baa not been made." Ralli said, "Mr. Bury knows nothing about that; that would be in Mr. Coleman's time. Mr. Coleman was the proprietor of the shop. I will see Coleman and ask him, and the money will be paid. There is a six months credit allowed, and it will not be due till next month." I then left. I frequently passed the shop in 1906, and generally saw Harry Goodman condarting the business. I have seen Ralli there on two or three occasions. (To Mr. Elkin.) I have been informed by Ralli that the debt I went about has been paid.

HERBERT HENRY BALDWIN . Since June, 1904, I have been City agent of the European and General Express Company, the owners and occupiers of 71 and 73, St. Mary Axe, of which they let the basement and ground floor to. I showed over premises, when he gave his name as "Alexander c/o Caldwell Moore, Palmerston House." He told me he was commencing business as export packer. The premises were let to him from September 7, but he took actual possession about a fortnight after that date. We removed as we required larger premises, and we left some cases of goods there, which I applied for with my clerk Mr. Fiddy, on several occasions and saw Goodman. He said be could not deliver the cases without seeing Mr. Doig, who, he said, was away shooting. I have seen Ralli and Moore there on two or three occasions, threatened legal proceedings if the cases were not delivered up by letter produced of September 25. Fiddy and I went for them, and either Goodman or his clerk handed me account, produced, of £18 13s. 6d., for ware-housing our cases. Goodman was there. I had further interviews with him, and ultimately at the end of September I took forcible possession of the cases. We received letter of October 5 from Ralph

Raphael and Co., solicitors, on behalf of. No rent was paid, we took proceedings in the High Court, and under judgment got possession of the premises in October, 1906. I went in with the agent; no one was there, and no goods. Between August, 1905, and October, 1906, I had called 12 or 15 times and saw no signs of business being carried on. I never saw Doig after showing him the premises. I got three letters (produced) in reply to our applications for rent. (Stated to be in the handwriting of Vincent and Ralli.)

Cross-examined by Mr. Frampton. Fiddy was with me when I showed Doig the premises. The tenants made a claim on account of the insanitary condition of the premises. The sanitary authorities did come in. I informed Doig that they would be coming in. I believe they were there about two months. I claimed rent for that period, and the tenant set up a counterclaim that the premises were not habitable. I never saw Doig about the cases—my dealings on that were with Goodman. (To Mr. Grain.) I never saw Moore before the premises were let. Afterwards I saw him two or three times go in and out. (To Mr. Methuen.) Doig made a claim by letter in respect of the drains. (To Mr. W. Thorne.) Doig was sway when. I had the dispute with Goodman about the cases. (To Mr. Elkin) I refused to make any payment for warehousing the cases.

VERNON DENNY , 77, Finsbury Pavement, auctioneer and estate agent. In October, 1906. I had the letting of the basement of 24. Finsbury Square, received an application from Vincent by telephone on October 17. wrote to Moore and Co., Palmerston House, Coleman. 60, High Road, Willesden Green, and 71 and 73, St. Mary Axe, who were given as references, and received replies from all describing Vincent as a most desirable tenant. The letter from Coleman is typed by a machine, in which the "p's" are out of line.

JAMES DARLING HENDERSON , secretary to the Anglo-Greek Magnet Company, Limited, 20, Finsbury Square. My company own the basement of 24, Finsbury Square, which was placed in the hands of Denny, let to Vincent at £45 per annum, and he took possession in October 1906. There was put upon the door, "Vincent and Rothenstein," and on the window "McDonald and Co." I have seen Vincent, Goodman, Martin, and Ralli there frequently up to the end of May or June, 1907; their principal business seemed to be to go in and out about 20 times a day. In March, 1907, I saw Goodman with reference to their clearing out, on a Saturday afternoon; there was a van outside in which goods were being put. I went into the basement and was stopped by two men. I pushed my way in and Goodman came round. I said, "Are you going to clear out?" He said "Why I said the suspicious manner in which they were taking away these articles seemed to indicate that they were doing so. Goodman said it was nothing to do with me, he was entitled to do as he liked. I said, "I hope in any case you will clear out, because I do not want to have a gang of swindlers any longer on the premises." He wished to know if he owed me any rent. I said, No, he did not owe me any rent—he had paid me for the quarter, I never expected to get any

more, end that in any case, whether he owed me rent or not, I wanted him to clear out—I should be only too pleased if he would. Then I repeated, "I do not want a gang of swindlers on the premises." He assumed a threatening attitude, and dared me to repeat that statement. I told him I was not afraid, and that I did repeat it. I had removed a telephone they had put up in the passage where he had no right of access, and put it in their room. He said I had not heard the last of the question of the telephone. In May I saw a notice on the door saying they would be back in an hour, which I believe remained there about a month. I was paid a half-quarter's rent to Christmas, and got the March quarter by detraining; the June quarter was not paid. I entered into possession as soon as I learnt they were arrested. I had several inquiries about McDonald and Co., and answered them. I had correspondence with Mr. Timbrell, the solicitor for Vincent, with regard to the telephone and the alleged slander on my part, and eventually a writ was issued against my company. We entered an appearance, and heard nothing more of the action.

Cross-examined by Mr. Methuen. When I removed the telephone there was no rent due, the premises were locked, and I broke in. The conversations about clearing out were with Goodman, not with Vincent. Vincent was my tenant. (To Sir. Jones.) I saw Martin there practically all the time, but I noticed him more in the latter part. I sever spoke to him. I did not see him sweeping the place or carrying parcels. (To Mr. Thorne.) I did not use violent language to Goodman except that I called the whole lot a gang of swindlers. He resented it. I heave been referring to notes which I made yesterday; while waking to give evidence. (The notes were put in and read.)

WILLIAM ODELL FOSTER , clerk to Dunn, Soman, and Coverdale, Gresham Street, estate agents. In March, 1007, my firm had 46, Artillery Lane, to let. Vincent called about them. We subsequently had an application through Reynolds and Eason from Coleman, who referred us to the prisoner Moore and to Timbrell. Both recommended Coleman as a satisfactory tenant. That proposal came to nothing. We then got an application from Petricus and Co., of 29 Fashion Street, offering to take he premises at £57 10s., and referring to Davis Bros., builders, and to J.H. Vinson., of 76, Brondesbury Villas. The references were good, we let the premises to Petricus, and on April 15 a man like the prisoner Martin called for the keys, giving a receipt for them in the name of J. Barker. We afterwards got typed letter (produced) from Petricus and Co., of 29, Fashion Street, complaining of the state of repair, in which the "p's" are out of line. Three years' agreement from March 24, 1907, to March 24, 1910. at £57 10s. (produced), is signed "Joseph Petricus." Letter (produced) from Walker and Co. has a picture as their business premises of 46, Artillery Lane. I saw their name put up over the side door—we had no communication with anyone but Petricus as the tenant. The first quarter's rent had just become due when the prisoners were arrested.

Cross-examined by Mr. Grain. Our firm has a large business. I knew Moore as an accountant in Palmerston Buildings and Mr. Timbrell as a solicitor; we paid the same attention to one reference as to the other, believing them to be references given to the best of their knowledge. (To Mr. Jones.) I have never seen Martin before, and whether he signed as Martin or Barker he would have got the keys just the same.

JOSEPH PETRICUS . I am a native of Russian Poland, and have carried on business at 29, Fashion Street, as "Petricus and Co." as a tailor for 11 veers. My wife is the tenant; the rent is £2 5s. a week. I have seen Vincent and at 46, Artillery Lane, once or twice I knew I was taking 46, Artillery Lane, and told my daughter to sign the agreement. I do not know who witnessed it as "G. Roberts." Rubin brought me the agreement, and was there when my daughter signed it. I did not see him sign it I was twice at 46, Artillery Lane about a month after it was taken. The only reference I gave was to Davis, my landlord. I did not know Vincent and Co. were giving a reference I have never seen Vincent. I never carried on business at 46, Artillery Lane. I handed the premises over to Robin, who said he was going there as Walker and Co. Card produced is not mine. I know nothing about the partnership agreement between not and Rubin (produced). I signed one, but I did not know what it was.

Cross-examined by Mr. Methuen. I have paid at Fashion Stress £2 5s. a week for 10 years, which is more than the rent of Artillery Lane. I knew Mr. Davis, my landlord, would give me a reference. (To Mr. Thorne.) I did not sign an agreement for partnership—Rubin told me he was going to take the house, 46, Artillery Lane, for me—I never signed a partnership, and I did not want a partnership. I did sign an agreement for letting the place to a man whose name I do not know, recommended by Rubin—I think a tall man. (To the Jury.) I received no consideration for signing the lease.

JOHN BRIGHT , clerk to Marshall and Snelgrove, Limited, Oxford Street. Clifton called on me in September, 1905, and said he wished to open a trading account with my firm, that he had been in business as a shirt specialist trading as Long and Co., at 10a, Soho Square, for four years, mostly wonting for the trade. I asked him for the usual references, and said I was surprised at his coming to us, as he might get a nearer price from manufacturers in the City He said that we were nearer, and that we kept a particular kind of long cloth that he could not get elsewhere. He referred me to Braun Bros. 65, Fenchurch Street, and Vincent and Co., 20 and 22, Maddox Street, to whom I applied on our usual form. I received reply (produced) from Braun Bros., staling that they had known Long and Co. for a considerable number of years, and that Long and Co. were good for ordinary trade credit, etc., and a satisfactory reply from Vincent. We supplied goods from October 30 to December 19 to the amount

of £77 6s. 5 1/2 d. I called at 10a, Soho Square, several tames for payment, and saw the forewoman, Miss Welsh, and on one occasion in February Clifton. I told him goods purchased in October were due in December, and that we bad no payment. He promised to pay by March 10. We wrote on March 13, and in April took proceedings and obtained judgment in Chambers. I think I saw Vincent there. After the issue of the writ called on me and said he was an accountant representing Long and Co., and was winding up their affairs. He asked me to stay proceedings, and said, "If you go on it means bankruptcy, and there will be nothing for anybody." I told him it was in the hands of Mr. Austin, the head of the department. We have had no payment.

Cross-examined by Mr. Frampton. I saw Clifton several times in 1906 at Long and Co.—I have no doubt he is the man who opened the account in September, 1905, and who gave me the' references. After Doig called on me I believe he saw Mr. Austin at my request. He asked me to give Long and Co. time, and said that he was going to wind up their affairs. (To Mr. Methuen.) I am not lure I saw Vincent before the Master.

JOSEPH EDWIN SEATON , senior clerk at Marshall and Snelgrove, Limited. Called on me on May 7, 1906, and said he was an accountant, and he wished us to give Long and Co. time. I took him in to the manager. He said he Was going through Clifton's (Long and Co.'s) books with a view to his obtaining a partner, that if we pressed now we should not get our money. He was asked, "What do you know about Long and Co.?—how long have you known them?"—could he give us some particulars as to his position. He said he had not known them long; he was going through their books. I was suggested, "When you have done that and drawn up a statement of affairs, we will consider as to allowing further time." No statement of affairs was sent. We received typed letter (produced) from Long and Co., dated July 6, stating that they had been compelled to close for a few days in consequence of alterations. In that letter the "p's" drop below the line. I produce the appearance in our action against Long and Co., signed John William Clifton, 10A, Soho Square. I was present before the Matter, and saw Vincent there. I know the premises of the London Packing Company, St. Mary Axe, and have seen Vincent coming away from there with a tall man whom I do not recognise.

Cross-examined by Mr. Frampton. Doig did not mislead me, but said he had not investigated the books. (To Mr. Methuen.) Long and Co. were represented by a solicitor before the Master.

JOHN WARDLEY , assistant to William Sutcliffe, general warehouseman, Manchester. In December, 1905, we received letter (produced) from "Long and Co., J.W. Clifton," ordering goods, and referring us to J. W. Vincent and Co., 20 and 22, Maddox Street, from whom we received letter (produced) stating that Long and Co. were good for a credit of £250 to £300. We then asked for a payment with

order, and received a further reference to Caldwell Moore, to whom we wrote, and received letter of December 19 (produced), enclosing statement of affairs of Long and Co., showing excess of assets over liabilities of £1,505, and that there was cash at hank £118 6s. 4d. Believing the statement of affairs to be genuine I supplied goods from December 28, 1905, to February 21, 1906, to the amount of £156 4s. 10d. I received two typed letters excusing non-payment in both of which the "p's" drop below the line. We issued a writ, got judgment in June, 1906, and have received no payment whatever.

Cross-examined by Mr. Frampton. Most of the orders we received were typed. (To Mr. Grain.) I do not know Moore, and had no communication with him after receiving the statement of affairs.

PHILLIP MALLAND ARMITAGE , salesman to Armitage and Rigby, Limited, Manchester, cotton spinners, manufacturers, and warehousemen. In January, 1906, Long and Co. applied through our London agents for supply of goods, and giving references to Caldwell Moore and Vincent and Co. Moore wrote that the statement of affairs of Long and Co. showed a balance of £1,515 12s. Id; and Vincent stated that Long and Co. were good for an ordinary trade credit of £250. The letter is a typed letter, in which the "p's" are below the line. We supplied goods to the amount of £97 5s. 2d., made various applications, but failed to get payment. Having made inquiries we wrote asking Moore for an explanation of the statement of affairs. He wrote that it was made up to November last. On March 28 we received typed letter (produced) from Long and Co., having the "p's" below the line. Proceedings were taken, and judgment obtained, but we got no money.

Cross-examined by Mr. Frampton. Bundle of orders (produced) are typed, and all have the "p's" out of line. (To Mr. Grain.) Our agent Miller, of Milk Street, Cheapside, made inquiries about Long and Co., and suggested we should get references.

WALTER SLOCOMBE , buyer to Keeling, Wiles, and Co., Monkwell Street, warehousemen. On May 1, 1906, the prisoner Martin brought typed letter produced from Long and Co. (in which the "p's" are below the line) asking for samples and giving a reference to Vincent and Co. It was referred to the counting-house and silk and cotton goods were forwarded to the value of £27 18s. 5d. The goods were either fetched by Martin or sent through Carter, Paterson, and Co. We have received no payment.

Cross-examined by Mr. Jones. What Martin did would be ordinary porter's work.

WILLIAM THOMAS GRAMOLT , chief clerk, Keeling, Wiles, and Co. In say, 1906, in consequence of Long and Co.'s application, I went to the offices of Vincent and Co., 4, Market Place, three times in one day, but failed to see Vincent or anyone in authority. We subsequently received a letter from Vincent and Co., and supplied goods to a small amount. Receiving further orders from Long and Co., I asked for a further reference, and was referred to Caldwell, Moore,

and Co. by a typed letter, which has the "p's" below the line. I called at Palmerston House and saw a gentleman very like the prisoner Moore. He said that he had just prepared a balance-sheet from Long and Co.'s books, which showed a surplus of £1, 300, and that they had been established three or four years. I believed the statement made and authorised goods to be supplied. We have received no payment whatever and have made a claim in Clifton's bankruptcy.

Cross-examined by Mr. Gathorne-Hardy. When I went to see Vincent at 4, Market Place I taw no people working there—a man came to the door—the premises were not open. (To Mr. Grain.) I called at Palmerston House in the latter part of May or beginning of June. I believe I saw Moore, but I will not swear to him.

EDWARD MARK PHILLIPS , of J. and N. Phillips, 35, Church Street, Manchester, manufacturers and merchants. On August 16, 1905, I received type letter produced, showing the "p's" below, the line, from Long and Co., 6a, Steward Street, E.C., and 10a, Soho Square, asking for patterns, which were sent, and we received typed letter prodiced (again with the "p.'s" below the line), ordering calicoes and giving references to J.H. Vincent, costume and underclothing manufacturer, 76, Brondesbury Villas, N.W., and to Caldwell, Moore, and Co., Palmerston House. We received letters from Vincent stating that he had dealt with Long and Co. for a considerable time, and they had always promptly met their obligations; and from Moore and Co. stating that a recent account prepared by them showed Long and Co. to be in a good financial position. On these references we delivered calicoes and flannelette from August 27 to September 21 to the amount of £75 0s. 5 £d. We sent the account on November 15 and heard nothing further until we learnt that the trustee in bankruptcy was in possession. We have received no payment.

To Mr. Grain. I have never seen Moore.

SYDNEY ROPER , salesman to the Singer Sewing Machine Company, 17, Chiswell Street. On June 11, 1906, I received typed letter produced from Long and Co., 10a, Soho Square, ordering three machines far their new workshop, 6a, Steward Street. I had previously called on Long and Co. and delivered a machine on trial in April, which had been returned. Martin brought the letter and selected three machines suitable for tailoring, which were delivered on June On June 14 we got an order for three more machines, which were delivered and signed for by "J. Martin." We received a further order by telephone for three machines, which were tent and signed for by "J. Martin." I sent the account for the nine machine—£58 10s.—called at Steward Street about 12 times for payment and saw Martin. He said Mr. Long was not in, that be would bring the matter before him, and a cheque would be sent. In August I noticed that the machines were not at Steward Street. Martin told me that they had been sent to Soho. I went to Soho Square the same day and found the place closed. On August 11 we received typed letter produced

from Long and Co., having the "p's" below the line. We have not been paid.

Cross-examined by Mr. Frampton. Wheeler, Wilson, and Co had dealings with Clifton in 1900. I first met him in April 1906, when I think he said he did not require any machines. I did not think it necessary to communicate with him when an order bearing his address came. I never saw Clifton in connection with the supply of these nine machines. (To Mr. Jones.) When I called at Steward Street I could see into both rooms, as the door was usually open I do not think Martin told me the machines had gone to Soho before August, but I am not certain.

EDWARD WARD , carman to the Singer Machine Company. On June 12 I delivered three machines at Steward Street; they were signed for by Smith, who was a carpenter fitting up the place; no one else was there. On June 15 I delivered three machines, signed for by the prisoner Martin, and on June 28 I delivered three more, also signed for by Martin. When I delivered the third lot the six previously delivered were on the premises.

Cross-examined by Mr. Jones. I never saw anyone on the premises except Martin and the carpenter Smith. The first two lots were delivered at about 11 am. and the third at 2.30 p.m.

ARTHUR WESTLEY , manager to Cox and Isaacs, silk merchants. 16 and 17, Old Cavendish Street, W. In May, 1906, my firm received an order from Long and Co., 10a, Soho Square, and in consequence I went to 4, Market Place, Oxford Circus, where the name of Vincent and Co. was on the fanlight. I tried to find Vincent and failed wrote and got a very good reference. I spoke to Long and Co. on the telephone, and afterwards received letter (produced) from Moore stating that he had made out a statement for Long and Co. showing a balance of assets over liabilities of £1, 503 14s. 1d., and promising to send a further statement up to date, and on May 29 I received another letter from Moore stating, "I have examined the books of this firm to date, and find that the balance of assets over liabilities amounts to £1, 352 12s. 4d." (This was alter Armitage and Rigby's letter of May 16.) I considered the matter and did not supply any goods.

WALTER JONES , traveller to Fevez Freres, 51, Bond Street, dress warehousemen. On June 30. 1906, I received typed order (produced) signed Long and Co., in which the "p's" are below the line, and referring us to Vincent and Co., 4, Market Place, and Caldwell. Moore and Co., Palmerston House. I went to Market Place and found the premises shut up and no sign of business. I wrote to Moore and received letter (produced) stating that Long and Co's statement showed assets £1, 350 above liabilities. Goods were supplied to the amount of £25 7s. 3d. to Steward Street, where I went and saw Martin, who has brought orders to me and received goods There was no work going on; he said they were slack; he was alone in the place we have not been paid. I was induced to give credit by the references and the statement of Moore.

Cross-examined by Mr. Grain. We sent some goods before receiving Moore's letter. (To Mr. Jones.) I took Martin to be the porter—not a manager or proprietor. I have heard about this time that same of the workers were away on strike.

ALFRED SAUNDERS , carman to Bean and Co., carriers. On June 27 I delivered a parcel from Fevez Freres at Long and Co., Steward Street, which was signed for by the prisoner Martin. I delivered Mother parcel, which was signed for by an elderly man.

JOHN EDMOND BUCKINGHAM , cashier to John B. Ellerton, woollen warehouseman, 6, Golden Square, W. On July 7 I received typed letter from Long and Co., 10a, Soho Square, in which the "p's" are below the line, ordering goods. I wrote for references, and received typed letter with the "p's" below the line, referring me to Vincent and Sons, Market Place, and Moore, Palmerston House. We received satisfactory answers, and supplied goods value £9 1s. 3d., which are signed for by J. Martin. On July 25 we had a second order, and applied to Moore for a written reference, and received letter (produced) stating that Long and Co. were good for a credit of £200. We did not supply further goods, applied for payment of the £9 1s. 3d., and received a typed letter of July 27, 1906, from Long and Co. demanding extra discount—the "p's" of which are again below the line. We wrote threatening proceedings. In July I went to Soho Square and Steward Street, and found both places closed. We have not been paid.

(Thursday, October 24.)

FRANCIS GEORGE WOODHOUSE , clerk to Campin, Lacy and Co., ware-housemen, Milton Buildings, Wailing Street. In August, 1906, I was instructed to take up the references given by Long and Co. I went to Palmerston House and asked for Mr. Caldwell Moore, and was seen by a man I do not identify, and had a conversation with him. (As the witness did not identify Moore the evidence of the conversation was disallowed.) I also saw J. Platt and Co., 60, Newman Street. The references were given in typed letter of August 14, 1906 (produced), in which the "p's" are below the line. The references were put before Mr. Spencer, and on his instructions we supplied silks on August 14 and 15 value £22 13s. 1d., which has not been paid.

SYDNEY EDGAR SPENCER , cashier to Campin, Lacy and Co. Believing the references given by Long and Co. to be genuine, and that they were carrying on a genuine business, I authorised the supply of goods.

WILLIAM IRONS , porter to Campin, Lacy and Co. On August 14 I took a parcel of silk to Long and Co., 6a, Steward Street, which was delivered and signed for by Martin.

ARTHUR LAWRY , 32, Monkwell Street, shirt manufacturer. In November, 1905, W.H. Cross, of 60, High Road, Willesden Green, spplied to me to be supplied with goods for that shop and two other

shops which he had, giving at a reference Caldwell Moore, of Palmer ston House. I saw the prisoner Moore and asked him to give me some particulars of Cross's assets and liabilities. He produced a balance-sheet showing assets over liabilities to the amount of £1, 000. I asked Moore if he could verify the assets as being correct, and he told me that he had signed the balance-sheet, which he would not; have done unless he had been satisfied. He showed me the balance-sheet with his name upon it. He said he had made it for people who were putting money into the concern. I was also referred by Cross to Boddy and Foster. Mainly on the faith of Moore's statements I supplied goods to the amount of £201 to 60, High Road, Willesden, to Victoria, and to Fulham. I received no payment and received notice of Cross's bankruptcy. I saw Cross several times before the meeting of creditors, but not after that.

Cross-examined by Mr. Frampton. W.H. Cross was a real person who had a genuine business in the Fulham Road. (To Mr. Fulton.) Boddy and Foster are substantial people. Cross had been carrying on business on a considerable scale for some time.

JOHN W.R. LUCK , trading as Luck and Sons, hat manufacturers, Walbrook. On January 6, 1906, I received an order for sample hats from W.H. Cross, 70, Fulham Road, and on January 9 a further order for hats and caps to the value of £12 8s. We were referred to Long and Co., 10A, Sono Square, and Caldwell Moore. "Long and Co., J.W. Clifton," wrote that they had done business with W.H. Cross for six years, and found his account very satisfactory. On January 12 I called on Moore, who stated he was auditing Cross's books, and they showed stock £1, 600, book debts £225, fixtures £350. and creditors £1, 200, leaving a credit balance of £1, 000. He said Cross was negotiating to take in a partner with additional capital, and that they were going to launch it into a very large concern, but that at present there was plenty of capital to carrv on the business. On those statements I supplied goods value £50 19s. 9d. to Fulham Road and High Road, Willesden. Two or three weeks afterwards we received bankruptcy notices in re W.H. Cross, and learnt that the information we received was wrong, as there were no assets, and that Cross was not to be found. We instructed our solicitors, Messrs. Wynne Baxter and Keble, to write to Moore for an explanation as to the figures he had given, and stating that the business was sold in December. Moore replied by letters of February 19 and 22, 1906, stating that the balance-sheet was made up to October last, and that he had only heard of the sale a week or two ago. We have received no payment.

Cross-examined by Mr. Fulton. I understood from Moore that the balance-sheet had been made within a day or two. (To Mr. Thorne.) Nothing was said about Cross's business being turned into a limited liability company.

CHARLES CORNELIUS JOHN DOMMETT , counting-house manager to Munt, Brown and Co., 35, Monkwell Street, warehousemen and manufacturers. In May, 1906, a man whom I do not recognise called

with reference to supplying goods to the Public Supply Stores, 60, High Road, Willesden Green, giving references to Vincent and Co., 4, Market Place, and Long end Co., 10a, Soho Square. I went to Vincent and Co. and found the place closed; and on May 4 to 10A, Sono Square, and saw Vincent, whom I addressed at "Mr. Long," and he answered to that name. He said he had had an account of about £3 a month with the Public Supply Stores and had been promptly paid. I asked him if he could give me any particulars as to their capital or who the proprietors were. He said, "No." I wrote to the Public Supply Stores, and stated the references were not sufficient. Ralli then called on May 7, and said they had paid £2, 000 cash down for the business, and referred me to Caldwell Moore for confirmation. I saw Moore the same day, who told me they had paid cash for the business, that we should be quite safe in sending our goods, and that the Public Supply Stores had ample capital. He answered in very general terms, and said he could not give me the proprietors as his papers were not available. I did not press the question, because I did not intend to send the goods and did not do so.

JOSHUA CLARK , secretary to John Harding, Son and Co., Limited, wholesale clothiers, Nantwich. In May, 1906, I received an order from the General Outfitters and Supply Stores, 60, High Road, Willesden Green, and were referred-to Long and Co., 10A, Soho Square, and Vincent and Co., 4, Market Place. Long and Co., wrote that they had done business with Mr. Adler, the proprietor of the Supply stores, for some years satisfactorily, giving credit up to £150, and that the account had always been satisfactorily settled. That is a typed letter with the "p's" below the line. We received a similar letter from Vincent and Co. Believing the references to be genuine we communicated with our London agent, and received typed orders of June 7, 11, and 15, purporting to come from 60, High Road, and also hiving the "p's" below the line. Goods were supplied to the amount of £67 5s. 2d., for which no payment has been made. We put the matter in the Manchester Guardian Society's hands, but they could not find the people at Willesden Green.

JAMES ERNEST ANSLOW , 26, Montague Road, Hendon, London agent for John Harding and Son, Limited, Fore Street. On instructions from J. Harding and Son, I called at the Supply Stores for orders, saw a young man who made an appointment, and Ralli called on me at Fore Street giving the name of "Jerald." He said he was the manager for the Willesden Green Supply Stores and bought goods, some of which were sent from the rectory and some from the depot. I afterwards received from Harding and Son letter of June 12, 1906. from the General Outfitters and Supply Stores and on June 13 or 14 I called at Vincent and Co. and Long and Co., the references. Both places were closed. At Long and Co., 10A, Soho Square, there was a ticket on the door stating that the warehouse was closed for repairs to machinery, Israel (Ralli) afterwards called to buy some more goods, but I said

we could not do anything further until we received a cheque. He said he would see the governor, and there would be no difficulty—the cheque would be remitted. The cheque was not sent and I saw no more of him.

Cross-examined by Mr. Elkin. Ralli told me that he was he manager and also that he had been buyer to Charles Bateman and Co.

SAMUEL SCAMBLER , manager to Hodgson, Jack and Co., linen manufacturers, Londonderry, at their London branch, Aldersgate Street. In May, 1906, I received through a traveller an order for goods for the General Outfitters and Supply Stores, 60, High Road, Willesden Green, under the name of Max Adler, with a reference to Caldwell Moore, who by letter of May 12 stated Adler was good for ordinary trade credit, and that he had purchased the business for a considerable sum. On that reference we supplied goods value £15. Afterwards Ralli called under the name of Max Adler, and ordered further goods from time to time, which were supplied, to the amount in all of £63 3s. 2d. We have received no payment. Ralli called every two or three days for about a month.

Cross-examined by Mr. Elkin. I am positive Ralli did not say he was buyer for Max Adler. He brought either a slip of paper or gave the order from a book. He never mentioned that he was the proprietor—he simply gave the order in the name of Max Adler. A traveller sometimes gives the names of the principal he represents.

JAMES HERBERT , clerk to Wynne Baxter and Keble, solicitors to Luck and Sons, produced original and press copy letters to Moore referred to by J.W.R. Luck.

WILLIAM JOHN BENSLEY , traveller to Taylor Bros., manufacturers, Manchester. I received typed letter of March 9, 1906, from W.H Cross (with the "p's" below the line) asking for samples. As it was a retail house, which we do not supply, we let the matter drop. On June 9, 1906, we received a further typed letter (with the same "p's") asking again for samples, which we forwarded to the General Outfitters and Supply Stores, followed by order of June 22. On June 23 we sent the invoice for the goods and asked for cheque. After further correspondence we received typed letter of June 30 with the "p's" below the line, and on July 4 typed letter with the "p's" below the line giving as references Long and Co., 6, Steward Street, and Vincent and Co., 4, Market Place. Long and Co. on July 6 wrote typed letter produced (with the "p's" below the line) stating that they had done business with the Supply Stores, who had met their account promptly and were good for credit up to £100. Vincent and Co. gave a similar reference. We received a number of orders (produced), three of which, July 26, August 1 and 27, are typed and have the "p's" below the line. We supplied goods to the amount of £48 7s. 5d. After repeated applications we sued, obtained judgment, but have received nothing.

CHARLES THOROLD MABEY , manager to David Moseley and Sons, Limited, indiarubber manufacturers, Manchester, and 51 and 52,

Aldermanbury, E.C. On June 25, 1906, we received from the General Outfitters and Supply Stores, Willesden Green, typed letter (with the "p's" below the line), asking for samples of garden hose, which were sent, followed by an order of June 25, giving references to Long and Co. and Vincent and Co., who both replied to our inquiry, giving an excellent reference. Long and Co.'s letter is typed and has the "p's" below the line. Believing the references, we supplied goods on four typed orders produced (all of which show the "p's" below the line) to the amount of £27 1s. 10d. On August 22 we received typed letter promising a cheque, the "p's" in which are below the line. We made several applications and have received no payment.

WILLIAM YARLEY , carman to John Smither and Son, carriers. On June 10, 1906, I delivered parcel of rubber goods to 60, High Road, Willesden, signed for in the name of Webb. On July 31 I delivered another parcel signed for by "Henry"—I do not know who it was.

STEPHEN THOMPSON , carman to John Smither and Son. On August 3 I delivered a parcel of rubber goods from Moseley to 60, High Road, Willesden—I do not know who received them.

WILLIAM GORBELL , carman to J. Smither and Son. I delivered rubber goods to 60, High Road—I do not know who took them in.

HORACE MONTAGUE HOBROW , of Rundle and Hobrow, solicitors. On October 9 we were instructed by Moseley and Sons, Limited, to recover £30 13s. 9d. from the General Outfitters and Supply Stores, 60, High Road, Willesden Green, and wrote for payment. We received letter of October 10: "I have recently taken over this business, and have no knowledge of the account to which you refer—P. Coleman." (Said to be in Vincent's handwriting,) On October 17 we issued writ, and received letter of October 22 from Mr. Timbrell, solicitor, stating that his client had purchased the business since the date mentioned in the particulars. The dates given in the particulars were June 29 to August 14. In further correspondence with Timbrell he stated that the business was purchased from Morris Adler under an agreement of August 2, and the stock on August 7. I afterwards inspected an agreement between Morris Adler, clothier, of 60, High Road, Willesden, and John Percival Coleman, of 142 and 143, Palmerston House, merchant, the consideration being £50, completion to be on August 8. Timbrell on November 14 wrote that his client had returned goods amounting to £5 9s. 5d., as they were not ordered or required by him. On December 29 I received typed letter (with the "p's" below the line) from "P. Bury," stating that the goods referred to were returned. We did not proceed further with the action, which is still pending.

CHARLES GEORGE CLARK , cashier to Harris and Co., Wood Street, tie manufacturers. On September 1, 1906, we received typed letter (with the "p's" below the line) from the General Outfitters and 'Supply Stores, asking for samples. We sent a traveller, who brought an order and references. I called on Moore and asked if he could give me particulars about Coleman, trading as the Supply Stores.

He said, "Oh, dear, has it changed hands again? I know nothing about it." I said I thought it strange that we should have been referred to him, and that we should have to write to the effect that he declined to give a reference. He said I could do just as I liked in the matter. I wrote to Coleman, and received letter of September 12 apparently written by the same typewriter and referring me again to his accountants Moore and Co. I called at Palmerston House and saw in Moore's office and he gave me figures which I made a note of at the time. He said they had recently taken over the books of Mr. Coleman and I could take these figures to be correct: Stork. £1, 500; fixtures, fittings and furniture. £250; cash at bank, £100 or £120; total liabilities, £800; so that assets were practically £1, 000 over liabilities. He gave me those figures from papers in front of him. He asked "we should be sending the goods. I said I should have to refer to my principal, we did not care about accounts where we were asked to give samples—to people who sought us. He said, "I think they will be all right." I said we did not care for accountant references, we preferred being referred to trade references. He said Coleman could not do that as be had just taken over the business, but that we should find him all right and a satisfactory man in every way. We supplied ties to the amount of £8 9s. 3d. and received a similarly typed letter asking for the balance of the order, to which we wrote for payment of those already sent. On November 20 we had a similarly typed letter stating that Coleman, would send a cheque on his next pay day, the 10th proximo. It was not sent, and on December 11 we wrote for it and received a typed letter from Paul Bury stating that he had acquired the business—the "p's" of which are again below the line. We have not received payment.

Cross-examined by Mr. Frampton. I am sure I saw Doig on September 13 or 14 and that I mentioned the name of Coleman—I had his letter of September 12 in my hand.

CHARLES JOHN GRAY , accountant to E. Radin and Co., Shoreditch, shop fitters. On September 24, 1906, Ralli called on me giving the name of Rowley and ordered some brass window fittings for the clothing stores at 60, High Road, Willesden Green, value £9 9s. 2d. He said he was the manager, that they were refitting, and that at a later date they would require further fittings. I told him Radin's was a cash business and it was usual to give a deposit. He gave me references to Moore and Co., chartered accountants, and Long and Co, 6a, Steward Street. I wrote to both and received satisfactory references, Long and Co.'s letter being typed with the "p's" below the line. Believing the statements, we sent the goods per Carter, Paterson's on September 28, and posted account the same evening. On October 11 I went to 60, High Road for payment, and. After waiting for half an hour to see P. Coleman, I saw Ralli. who said there was 30 days' credit. I said, "There is no credit given by us at all—the goods were cash on delivery." He said, "Well, our next pay-day is November 10—you will have to wait until November 10

our next pay-day." I said, "I am not going to wait. I want either the money or the goods." He said, "You can have neither, and if that is not satisfactory you can go to the devil." I then told him I had found out that one of the references was a fraudulent one—that Long and Co. had been bankrupt for two months previous to their letter. He said I was mistaken, that he had known Mr. Long for 20 years, that he was a highly respectable and wealthy man. (Clifton was adjudicated bankrupt on October 11.) We sued and spplied for judgment forthwith on November 27, when Paul Bury attended the County Court and said that he was the owner of the business, which he had purchased from Percival Coleman on November 1 The Judge gave us judgment in a fortnight. I found out that the man who appeared as Paul Bury had been an insurance agent in Shoreditch named Friburg. On December 12.I went with Mr. Radin to 60, High Road expecting tone execution to be put in, and we found the place closed and empty. On October 11 our fittings were in the shop. I then went to Becketts, furniture removers, Willesden Green, and found Ralli attending to the packing of two vans of goods, including our fittings. Ralli said he would have me put out if I did not go, and called Mr. Beckett, jun. I told Ralli that he and his gang were nothing but a set of swindlers. He said if I believed that I had better have him locked up—there was a policeman downstairs. After that he said if I would only be reasonable Mr. Goodman would see that our account was paid—that we were only little people; he said, "We do not do such as you—we do bigger people, bigger firms. We are not amateurs, at this—we have had an experience of 15 years—we know what we are doing." I followed the goods to the South London Pantechnicon, where they arrived at about three a.m. I never saw my goods again or the money.

Cross-examined by Mr. Elkin. I had three interviews with Ralli. When he ordered the goods I demanded cash on delivery and asked for references, because before putting the order in hand I wanted to know with whom we were dealing. The goods were specially ordered from Birmingham. (To Mr. Thorne.) I had not heard of Goodman in connection with this matter, but I had heard of him in connection with other matters. I knew pretty well what Goodman it was. I had seen Harry Goodman in the shop.

LEWIS RANGELEY , of L.W. and M. Rangeley, Walkeley Lane, Heckmondwike. In January, 1907, I saw an advertisement in the "Yorkshire Mercury," "Clearing Lines Wanted," and got into communication with James McDonald and Co., 24, Finsbury Square. On February 22 I received typed letter produced, in which the "p's" are below the line, asking for samples. On February 22 I received typed letter (with the "p's" below the line) ordering goods to the value of £2414s., which were sent and payment asked for. On March 2 I received another typed letter with the "p's" below the line stating that their principal had had to go to the Continent, and on March 11 and 20 other letters asking if we had any clearing lines. On April 8

we again applied for payment, and on April 9 received a typed letter with the "p's" below the line stating that their principal had had to go to the Continent in consequence of the death of a relative, who was a passenger in the "Berlin." After further applications we got judgment on June 27 in the Dewsbury County Court. We have not received payment.

JOHN WILKINSON , hat department, Robert Best and Co., Leeds, warehousemen. On May 23, 1907, I saw an advertisement is the "Yorkshire Evening Post" for Stock and job clearing lines, suitable for export—Walker, 46, Artillery Lane." Typed document produced is a draft of the advertisement and has the "p's" below the line. We got in communication with Walker and Co., goods were ordered, and references given to McDonald and Co., 24, Finsbury Square, and Petricus and Co., 39, Fashion Street. In that letter the "p's" are below the line. We received excellent references from both and forwarded goods to the amount of £37 12s. 9 1/2 d. (McDonald's letter is stated to be in Ralli's writing.) On June 5 we had typed letter produced (with the "p's" below the line) stating that the goods arrived in a very unsatisfactory condition. Further letters (produced) were sent, but we have received no payment.

JOHN MONK DARNELL , traveller. I have known Goodman about 15 years. In March or April, 1907, I met him in London Wall, when he asked me to become trustee for his wife in the business of Walker and Co., 46, Artillery Lane, at £2 a week. I saw him two or three times about it and executed agreement produced between myself and Mrs. Goodman, of 9, Teignmouth Road, Hempstead. The negotistions were entirely with Goodman. I then opened accounts at the London City and Midland Bank on June 12 and at the London Trading Bank, Coleman Street, on June 24, in the name of Walker and Co., with cash and cheques handed me by Goodman. I attended at Artillery Lane from the end of May to July daily. I signed cheque books for both banks and handed them to Goodman, who filled amounts in from time to time except one or two that I filled in myself. No business was being done—we were looking for agencies—we had two offers. Letters to Best and Co., of June 19 and 23, are in my writing, written on Goodman's instructions. Press copy letter book produced was used at Artillery Lane. I have never seen the letter signed "J. Petricus" of June 27. I knew of the firm, but never saw Petricus. He did not carry on business at 46, Artillery Lane in my time. Goodman mentioned Petricus in connection with a lease of the premises from him to me. I believe that was never executed. Rubin was there daily as porter and Martin as the boy. Ralli used to come in and see Goodman alone nearly every day for a short time. I was paid £2 a week and Martin and Rubin were paid a small amount by Goodman. There was a typewriter used by Martin. Letters to Best produced have the "p" invariably below the line—they were typed on that machine. In June I saw Moore in Bishopsgate Street with Goodman. Goodman used to go to both banks to pay in and draw out. He introduced himself there as the

manager to Walker and Co. I was at Artillery Lane the day before the arrest. We had no books. I had ordered them, but they had not armed.

Cross-examined by Mr. Methuen. I was to have a share of the profits as well as £2 a week. I thought it was a good thing, and during the time I was engaged with Goodman about the business of Walker and Co. I had no reason to suppose that anything was wrong or I would not have continued. I signed the cheques in blank because Goodman suggested I might be ill or away and it might be necessary to have the cheques ready signed. I never saw Vincent. (To Mr. Jones.) Martin was the office boy to take parcels and messages and he swept the floor out every morning. I do not know any typist named Joe. Martin was learning the typewriter—he was very slow and is illiterate. The typewriter was kept in the inquiry office and I was upstairs. (To Mr. Elkin.) I never saw Ralli take any part in the business. (To Mr. Thorne.) When I met Goodman I was earning my living travelling on commission and selling soap for the K.C. Company, earning about 30s. to £2 a week. I understood from Goodman that Mrs. Goodman had consented to my acting for her. There was no partnership with Rubin.

FREDERICK WILLIAM BECKETT , High Road, Willesden Green, furniture remover and storer. On June 30; 1906, on Ralli's instructions, I sent my brother with a one-horse covered van to 60, High Road, and, on July 16, on Ralli's instructions, a van by one of our cannon. On July 24 I sent a third van, instructed, I think, by Harry Goodman and confirmed by Ralli, and on November 20, 1906, I sent a fourth van by my brother, on instructions of Ralli. He brought back hampers, which were put in our warehouse, remained a day or two, and were taken to Hurlock's, Walworth Road, by vans brought by Ralli. On December 6 I again received instructions to clear goods from 60, High Road, which were put in my warehouse. They went away the next morning on instructions of either Goodman or Ralli. On December 7, on instructions of Paul Bury, in Ralli's presence, I removed fixtures from the shop and took them to our warehouse; they remained a week or two and were removed by the South London Pantechnicon Co. There were also six chairs which Ralli told me to keep back, which were sent to Smith in Fulham on December 19—I forget the address, but they were returned, "Address not known," and we has a 'phone message to send them to another address, which we did. I have seen Goodman in the High Road and in the shop, 60, High Road, several times in the evenings between June and September, 1906. I have seen Martin in the shop in November or December—frequently just before the shop was closed. I spoke to Goodman once, he said trade was very bad, that they were doing very badly—that things were quiet. I have often seen Ralli in the shop. I have never seen Cross, Adler, or Coleman. I saw Paul Bury once when he instructed me to remove the fittings. Ralli paid me for the work I did by the job at the time.

Cross-examined by Mr. Jones. I saw Martin five or six times. I took him to be the porter. (To Mr. Elkin.) Ralli appeared to be shopman or manager. (To Mr. Elliott.) I have not seen Goodman selling in the shop. He may have said, "They owe me a lot of money."

WALTER SABLE BECKTT , foreman to and brother of last witness. On Jane 30 and July 24 I took loads of goods in hampers from 60, High Road, to Hurlock, Walworth Road. Harry-Cross (Harry Goodman) went with me. About September 8 we fetched hampers of goods from 60, High Road, warehoused them for the night, and I delivered them at Hurlock's the next day. Harry Goodman and Martin went with me. I have seen Martin and Ralli about the shop.

Cross-examined. I only knew Ralli as shopman. I have never seen Goodman, sen.

ALFRED HORACE WORPELL . clerk to F.W. Beckett. On December 20 or 21, 1906, I was sent to 9, Teignmouth Road. Harry Good man opened the door and called his father, who asked me if six chairs which had been sent to our warehouse from 60, High Road had been sent to the address which Ralli had given. He asked me to stop them. I told him we had already sent them. He asked if anybody had been down—at 60, High Road, I understood—and I said that Radin had been.

To Mr. Elliott. That is the only time I saw Goodman.

DAVID PRATT , manager, South London Pantechnicon Company. I received a communication and went to some business premises in Finsbury Square; the name of Rothenstein and another name were up. I saw Goodman, whom I knew. He said he was interested in some shop fittings which he wanted removed from Willesden Green and warehoused as he was contemplating taking another shop. I went and saw the fittings and gave him an estimate for removal etc. On December 12 I received typed letter (with the "p's" below the line) signed J. Feldman and Co., 307, Bethnal Green Road. directing us to collect from Beckett goods purchased from 60, High Road, Willesden Green. We removed them in covered vans. Beckett the next day delivered further goods. On February 1 we received order (produced) to deliver the goods to Frank Bowen, auctioneer Feldman, whom I knew, brought the order. They were removed at the end of February. Goodman and Feldman were present. Goodman came into the office while Feldman and Bowen's representative were negotiating, and went into the warehouse to speak to them.

Cross-examined by Mr. Elliott. As far as I know Goodman did not direct or control or interfere with anything. In the first interview I regarded him as a person interested.

ISRAEL FELDMAN , Canonbury, job buyer, factor, and commission agent. I have known Goodman about 20 years. He was introduced to me by Reaford and Co., Bunhill Row, for whom I acted as buyer. I knew Braun Bros., of 65. Fenchurch Street, in 1902 and in the early part of 1905 I saw Mr. Braun about buying some pails, which

I sold them on commission. Goodman was there. I wet in and out there during 1905, end have seen Vincent, Relli, and I think there. I have been to the London Export Backing Company at 71 and 73, St. Mary Axe, and have seen Vincent, Goodman, Doig, and Martin there. About the middle of 1906 Goodman asked me if I could find a buyer for a portion of an out fitter stock of clothing, hosiery, etc., of about £200 or £300. I went to Hurlock's, Walworth Road, saw Carpenter, his buyer, and made an appointment; Carpenter met me at the station, and we went to 60, High Road, in the evening. The shop was closed, Goodman opened the door, Carpenter looked over a portion of the stock, and the price was arranged with Goodman at 35 per cent, off the cost prices marked on the tickets. I should say there was about £1,000 worth of stock there. Carpenter arranged with Goodman to take about £200 or £300 worth, which was to be sent on to Walworth Road. Payment was made to me by cheques (produced), £95 on June 9; £30; and £16 17s., and others, the proceeds of which I gave 40 Goodman leas 5 per cent, commission. In the latter part of 1906 Goodman asked me to see if Hurlock could do with another lot of staff similar to the last I saw him at 24, Finsbury Square—McDonald and Co.—and told him Hurlock could take them. Ralli, Vincent, and Martin were there. The price. was the same—35 per cent, off price marked on the ticket. I also sold some clothing and some ties from 24, Finsbury Square to Hurlock in January, 1907. The second lot were paid for on December 4 and 8 and 15 by cheques (produced) amounting to £236 11s. 8d., which was paid to Goodman by me less 5 per cent, commission. The third lot I forget the amount of. I handed the money to Goodman lest £10, my agreed commission. I afterwards advanced some money to Goodman and had fittings from 60, High Road, Willesden, transferred to me as security. I instructed the South London Pantechnicon to collect and store them and they were afterwards sold by Bowen. I handed the balance of the proceeds to Goodman, less 5 per cent., my commission.

(Friday, October 25.)

I have been to 46, Artillery Lane about six times to see if they had anything to sell. I deal in job lots of pretty well everything. I nearly always saw Goodman there, Martin and Ralli a few times. I sold a lot of hats for Walker and Co. Goodman negotiated the transaction, and I paid him the amount, less my commission of 5 per cent. Latterly a man was pointed out to me as being Mr. Walker. I have never seen McDonald, of 24, Finsbury Square. In paying Goodman I drew Cheques at his request for various persons. I produce cheques: May 5, 1906, Vincent and Co., £10, endorsed by Vincent and Co; July 16, J. Vincent, £1 8s.; July 30, Vincent and co., £5; Coleman, £15; August 25, Vincent, £7; September 15, London Export Packing Company, £8 10s., endorsed

manr"; November 27, B. Feldman, £15 3s.—that is a cheque made oat to me, I endorsed it and gave it to Goodman; December 10, J. McDonald and Co., £46 10s.; December 12, J. McDonald and Co., £20; December 15, J. McDonald and Co., £8 10s.; December 18, Paul Bury, £5—I do not know Paul Bury; January 3, 1907 Vincent and Rothenstein, £5 17s. 3d; January 22, H. Simon, £38 10s. 3d.—Simon is Goodman's son-in-law; January 31, M. Coleman and Co., £10—I have met Coleman at 24, Finsbury Square, and at the Export Packing Company; March 1, W. Vincent, £18 7s. 6d; March 14, J. Goodman, £10; March 15, J. Goodman, £16 4s. 9d. Those cheques, amounting to £243 0s. 9d., were all handed by me to Goodman, are all endorsed in the names of the payees, and have all been honoured at my bank. Cheque March 15, J. Goodman, £16 4s. 9d, is endorsed in handwriting like Goodman's; that of March 14 for £10 is endorsed in a hand different to his.

Cross-examined by Mr. Frampton. All my dealings in these transactions were with Goodman. (To Mr. Methuen.) All the cheques were made payable to the payees by instructions of Goodman and handed to him. I have been several times at 65, Fenchurch Street, and have sometimes seen Vincent there, sometimes not. I am a guardian for Islington. All my transactions with Goodman were, as far as I know, honest. I knew Herman Braun, Paul Bury, and Coleman as real persons. The pails I sold for Braun Bros, were their property to the best of my belief—Goodman acted as intermediary. Goodman gave me to understand that he had sent goods to Willesden Green and also bad lent them money. With regard to the fittings, I advanced £40 to Bury through Goodman, and in consequence the goods were placed in my name, sold by Bowen on my behalf, and I handed Goodman the proceeds leas my debt and commission. I certainly understood Bury was responsible for the transaction. I knew Shepherd—that is not Goodman. I frequently at vanced money to Goodman, which he would advance for the purpose of financing others. I cannot say that any particular cheque was in respect of the sales I have mentioned. I do not know where the hats or the ties came from. (To Mr. Thorne.) Goodman had his beard cut on the day he surrendered at Bow Street. He told me he had an appointment to deliver himself up. Goodman told me Darnell was the principal of Walker and Co.

Re-examined. I last saw Herman Braun in 1905. I knew Panl Bury as Friedberg for some years. Goodman never told me why he became Paul Bury in connection with the Willesden business I saw Coleman at the Export Packing Company and once or twice at Finsbury Square and at Moore's office. I knew Shepherd as being at Reeford and Co.'s and have seen him at Braun Brothers'. I have seen Goodman at Reeford's. I do not know that that was Goodman's business. (To Mr. Jones.) I should say Martin was a very menial servant. I saw a man called "Joe" who used to type at Artillery Lane and Finsbury Square. I never saw Martin type.

ALRERC CARPENTER , buyer of ready-made clothing for William Hurlock, Walworth Road, clothiers and drapers. On June 9, 1906, I bought through Feldman of Goodman goods as per receipted invoice produced £72 2s. 10d., less 35 per cent., £25 5s. 10d—£46 17s. Feldman introduced me to Goodman—not in that name—and we went to High Street, Willesden Green, together, where I saw the goods; they were new. On June 29 I had a further lot—cost price £65 6s. 5d., discount £22 17s. 3d—£42 9s. 2d. On July 16 I had a further lot cost price, £56 7s. 2d., for £35 16s. That lot included garden hose cost price £10 5s. 3d. On July 25 I had a further lot cost price £74 1s., for which I paid £48 2s. 8d.; December 7 a lot cost price £113 12s. 8d. for £73 17s. 3d. The invoice for that is headed "J. McDonald and Co., 24, Finsbury Square." On December 8 I fought 33 packages of goods, cost price £363 19s. 8d., bought for £236 11s. 8d., paid for by cheque produced to Feldman. In all cases the basis or payment was 35 per cent, under cost.

Cross-examined by Mr. Thorne. I have had frequent dealings with Feldman, always found him an honourable man, and had no reason to believe the transactions were not fair and honest. Some of the goods were shop soiled, and the price I gave was a very good price. I have bought goods at 50, 60, and 70 per cent, off cost price. I am quite certain I did not know Goodman by that name. It may be that so same was mentioned, as I was buying directly from Feldman, and who his clients were was nothing to me. (To Mr. Methuen.) I do not know Vincent. (To the Jury.) The goods were bought at 35 per cent under buyers' cost price. I had no means of knowing whether they were correctly marked except my own judgment, and I was sufficient judge to know.

Re-examined. I have been a buyer 25 years. I should think, perhaps, one-eighth of the goods had been exposed for sale and so shop soiled. 35 per cent, off cost would be a very big price to pay for soiled goods. Taking them all round, I paid a very good price. (To Mr. Thorne.) I bought the hats at 50 per cent, off cost—that was a very bad bargain—they were rubbish.

AMOS JOSH. CORBETT , clerk to Josolyne, Miles, and Blow, King Street, Cheapside, chartered accountants in the bankruptcy of Clifton. On November 17, 1906, I wrote to Moore for a copy of the statement of affairs of Long and Co., and, not receiving a reply, wrote again on January 9, 1907. On January 14 Moore replied stating that the statement and accounts were in the hands of the debtor, and that he could not furnish copies.

ARCHIBALD JOHN MACCLYMONT , clerk in the central office, High Court of Justice. I produce affidavits by John William Long, of April 20 and April 24, 1906, in the action of Armitage and Rigby v. Long and Co.; affidavit of J.W. Clifton of May 10, 1906, and appearance signed "J.W Long," in the action of Marshall and Snelgrove v. Long and Co.; affidavit of A.E. Timbrell and Percival Coleman in Taylor v. General Outfitters and Supply Stores; affidavits of

Ralli, Coleman, and Goodman in Horton v. Braun Brothers; and an affidavit by Morris Adler.

GEORGE INGLIS BOYLE , messenger in the Court of Bankruptcy. I produce file in the bankruptcy of Clifton. Petition presented by Sutcliffe, August 18, 1906; receiving order September 17; adjudication October 11. The summary sworn by the debtor shows liabilities £1.557 6s. 10d.; assets, £3 16s. 3d. List of creditors includes Marshall and Snelgrove, £85 14s. 5d.; Armitage and Rigby, £110 5s. 2d.: William Sutcliffe, £165 4s. 10d.; Keeling, Wiles and Co., £28 7s.5d; Campin, Lacy and Co., £22 13s. 1d.; Singer, £58 10s., with regard to which there is a note by the bankrupt, "These are claims made against me for work or goods supplied for which orders were given by some person or persons without my knowledge or consent." Among the debts due is "W.H. Cross, 70, Fulham Road, £79—estimated to produce nil." It states that the excess of liabilities over assets April 5, 1905, was £50. He does not appear to have had at any time a surplus of £1,500. There is no creditor of the name of Vincent, the Supply Stores, the Clothing Stores, Coleman, or Braun Bros. There is a proof by John Martin, Fernside, Theydon Bois, traveller, for £250 in respect of bills of exchange, marked, "Rejected"

Cross-examined by Mr. Frampton. Fifty pounds is said to be due to his partner. There are items: £199 8s. 7d. loss in carrying on business, £300 living expenses, lots by distraint £36 5s., £496 10s. goods not ordered, interest on borrowed money £75. There is no reference to the firm of Long and Co.

Further examined. I produce the file in the bankruptcy of Caldwell Moore: petition presented July 10, 1905, by Legal and General Trust and Investment Company, Limited, for principal and interest on bills; receiving order, August 30; adjudication, October 18; liabilities, £2,461 16s. 3d.; assets, £18 1s. 5d., being surplus value of two insurance policies pledged to secured creditors. I also produce file in the bankruptcy of W.H. Crows: petition, January 25, 1906; receiving order, February 12; adjudication, March 5. No statement of affairs. The debtor failed to appear and the examination was adjourned sine die. A warrant was issued and has not been executed.

JOHN WILLIAM ROBERTS , examiner to the senior Official Receiver in Bankruptcy. No books were produced by Clifton in the bankruptcy of Long and Co., and I have seen none.

WILLIAM GEORGE BENSTED , examiner to the Official Receiver. Is the bankruptcy of Caldwell Moore the amended Deficiency Account is all in Moore's handwriting.

Cross-examined by Mr. Grain. I suppose the debtor answered questions put to him fully and candidly. He signed his examination after reading it.

WILLIAM EDWARD WEBB , accountant, London Joint Stock Bank, Oxford Street branch. Long and Co. had an account with my bank I produce copy from September 5, 1905, to April 11, 1906, when it was closed. There are payments out to Cross from September 28,

1904. Payments to Vincent commence September 14, 1905. There are no payments to Braun Bros. or to Platt. Payments to Moore begin on August 15, 1905, with £2 followed by a large number of small payments to Moore, Vincent, Adler, and Rowley. Cheque of £2 to Doig on April 7 exhausted the account. The usual balance is £5 or £6. During 1905 there was never a balance of anything like £118 6s. 4d.

HERBERT GEORGE HILDRETH , clerk, London, and County Bank, Shoreditch. Vincent opened an account with my bank on August 21, 1905, in the name of Vincent and Co. He was introduced by Goodman. I produce certified copy of the account to January 24, 1907, when there was a debit balance of 18s. 5d. Payment out consist mainly of cheques to Clifton, Moore, Shepherd, Adler, Cross, Long, Vincent, Goodman, Rubin, Coleman, London Export Packing Company, and Simon.

Cross-examined by Mr. Methuen. The account was opened by Vincent and Co. as of 20 and 22, Maddox Street and also of 4, Market Place, Oxford Street, afterwards 71, St. Mary Axe. Goodman, who introduced Vincent, had also an account with my bank in the name of R. Goodman and Co. which wan cloned June 9, 1906, Vincent's account being opened Auguat 21, 1905.

WILLIAM ALGERNON AYLIFFE , manager, National Provincial Bank, Finsbury Pavement. I produce certified copy of account of Vincent and Rothenstein, 24, Finsbury Square; the partners being Charles Vincent and Gustav Rothenstein, Vincent alone having the power to drew, opened April 19, 1906. There were no operations after January 31,1907. A number of cheques were drawn, for which there were no funds, amounting to about £500. Some may have been presented more than once—about one-third of that amount. In January, 1907, a bill for a small amount was presented for discount. I did not care to discount it, as the account had been working so irregularly, and wrote to Vincent about it. Goodman then called and said he could not understand why I could not discount it. He told me that anything I told him would be the same as telling Vincent—he was in the confidence of Vincent. On January 15, 1907, there is a payment to Moore of £5 18s.; January 18, Bury, £1 16s.; January 29, Ralli, £5 10s. When closed the balance was 6s. 8d., which was rewritten off for bank charges.

Cross-examined. The bank had the signature of Rothenstein. Goodman led me to understand he was the financial representative of the firm.

HAREY CLIFFORD BUTT , accountant, London City and Midland Bank, Fore Street. I produce certified copy of the account of John McDonald and Co., opened November 23, 1906, by Vincent in the name of "John McDonald." A number of unpaid cheques were presented—December 19, 1906, £32; January 1, 1907, £32; January 4, £39 5s.; February 12, £10 5s.; March 9, £22 10s.; March 11, £22 10s. In the payments in I find Hardy Simon of November 22. 1906, £100; November 24, £49 12s.; December 14, £48 10s. I saw

Ralli as representing McDonald and Co. Moore came to see the manager about some bills discounted by McDonald and Co.

Cross-examined by Mr. Methuen. Vincent wrote his name down as John McDonald and we thought he was John McDonald until a short time before his arrest, when we found he was not. (To the Judge.) I cannot say if we have lost anything by his signing as McDonald—we may.

DAVID DURRANT , clerk. Capital and Counties Bank. Shoreditch. I produce certified copy of the account of Charles Walker, trading as Walker and Co., opened by Vincent as Charles Walker, of 46, Artillery Lane. Cheques were drawn: April 11, 1906, Moore, £1 10s. April 18, Goodman, £1; April 20, Moore, £1 5s.; April 22, Good man £1 and £1; Moore, £3 2s.; April 23, Moore, £1 1s.; April 25, Moore. £2 15e.; Martin, £1 8s.; there are a number of cheques to Goodman, Martin, Rowley, and Adler. On May 17, 1906. is a payment in by cheque of Braun Brothers on Lloyd's 'Bank £20, which was dishonoured. There are cheques of Hardy Simon paid in amounting to £149 12s. 4d., which are the only cheques paid in to feed the account.

Cross-examined by Mr. Methuen. At the police court I did not recognise Vincent. Since then I have made further inquiries and been told it is Vincent—it is other people's recognition.

STANLEY MEAN , accountant, London City and Midland Bask, Bishopsgate. I produce certified copy account of C. Walker and Co. 46, Artillery Lane, opened by the witness Darnell on June 12, 1907 I recognise Goodman as coming to the bank to cash open cheques on that account.

HENRY ARCHIBALD SMITH , assistant secretary, London Trading Bank, 12, Coleman Street. I produce certified copy account of Walker and Co., 46, Artillery Lane, opened with my bank by Darnell as "John Darnell, trading as Walker and Co.," on June 20, 1907, closed on July 22, 1907, by a cheque for the balance, £1 4s. 8d. It was opened with a cheque of "J. Rowley," for £10 15s. and gold 20. There are cheques to Goodman of June 26 £1 4s., June 27, £7 11s, June 29, £6, and another on July 2 (produced). With the exception of two payments in gold, all the payments in are by means of cheques on the London and County Bank, Holloway. We were asked to discount bills for Walker and Co., but declined.

PERCY EARTHY , ledger clerk, Lloyd's Bank, Fenchurch Street I produce certified copy of the account of Braun Bros., being Herman Mayer Braun and Louis A. Graham. On September 26, 1903. it was closed, and reopened by H.M. Braun alone, and closed on February 13, 1905. Dishonoured cheques were presented to the amount in 1903 of £26; 1904, £130; 1905, £49 13e. 9d.; 1906, £150 7s. 4d.; 1907, £40 18s. 6d., amounting altogether to £402 9s. 7d. On May 18, 1907, there was a dishonoured cheque of £20, No. 38993, taken from a cheque book issued to Braun Bros, on January 20, 1903.

HENRY COMBER BROWN , 82 and 86, Cricklewood Broadway, furniture dealer and remover. On July 3, 1907, at 10 a.m., a woman turned Abrahams called at my shop, and I went to 9, Teignmouth Road, Brondesbury, when the same woman instructed me, and on July 4, at eight a.m., I tent three vans to the house and removed the whole of the goods in the house to my warehouse, where they still are. Goodman came to the warehouse and asked me if he could have some wearing apparel, which we delivered to him. A man name to claim the goods, and I saw Mrs. Goodman and said to her—(evidence objected to by Mr. Elliott). I only saw Goodman when he came for the clothes.

Detective-inspector WILLIAM BUCK , New Scotland Yard. In February, 1907, I was instructed to make inquiries with regard to Long and Co. From June 18 to 28 I kept observation on 48, Artillery Lane. I saw Ralli, Goodman, and Martin using the house—Goodman every day. He wore a frock coat, silk hat, and a full-grown beard and whiskers. When he surrendered at Bow Street he wore a blue serge suit and white felt hat and had his whiskers and beard trimmed. On June 17 I obtained a warrant for the arrest of all the prisoners except Moore and Goodman. On June 28 I arrested at 39, Lombard Street. When I told him I held a warrant for his arrest he said, "Surely not!" I than read the warrant, which charged him with conspiring with Clifton, Vincent, Martin, and Ralli to cheat and defraud persons entrusting goods on credit. He said, "This is past my comprehension. I cannot see bow I come into it." I conveyed him to Bow Street, where he was detained. On the same day, at 9.30 p.m., I went to 76, Brondesbury Villas, Kilburn, where I saw Vincent. I said, "Is your name James Harry Vincent?" He said, "That is my name." I told him I was a polios officer and held a warrant for his arrest. He said, "What for?" I read the warrant. He said, "It is a very serious matter for me, but I do not see how I am connected with the others." I conveyed him to Bow Street. At 12.10 a.m. the five prisoners were charged and made so reply. On June 28, at 6.30 p.m., I went to 46, Artillery Lane, and took possession of a quantity of books and papers and a typewriter (produced). I have tried the machine, and find that the "p," both capital and small letter, always comes below the line. On July 8, at 3.30 p.m., I went to Palmerston House and saw the prisoner Moore. On July 6 I obtained a warrant for his and Goodman's arrest after examining papers found at 46, Artillery Lane. After reading the warrant he said, "It is a lie. On whose information was, the warrant granted I" I said, "On mine." He said, "You are a liar." I conveyed him to Bow Street. When charged as said, "That is a lie." I tried to find Goodman, went to his address, 9, Teignmouth Road, Brondesbury, and found the house empty I and other officers made diligent search for him. On July 10 I was told by a solicitor's clerk that Goodman would surrender at three p.m. at Bow Street, which he did. I read the warrant,

charging him with Moore and five others to cheat and defraud He said "All I can say is I am entirely innocent." He made no reply when charged. When I went to 46, Artillery Lane on June 28 Goodman was there. I asked him for the keys of a drawer which was locked, which he gave me from his pocket. I found in the drawer a bundle of pencilled letters, said to be in Vincent's writing: December 5, 1905. "Dear Mr. G.—This writ was given me list night after I left you"; "December 6. "I have been to Debenhams—they will not alter the terms. Should think it would be all right to have some goods from there. Please arrange for £6 or more for to-morrow, Friday." (A number of letters were read to show that Goodman was controlling the business and that Clifton was doing nothing without consulting him. A large number of documents were then put in and read connecting the various businesses and the prisoners all found at 46, Artillery Lane.)

Cross-examined by Mr. Grain. The first hearing before the Magistrate was on June 29, when, I believe, Mr. Muir opened the case, and before July 9 the character and extent of the case had been reported in the papers. Moore's name had been mentioned. I found him at his office. He was then engaged as accountant for the English and Australian Copper Company. I knew he had been in business as an accountant for many years and that he had been a Common Councilman of the City of London. He expressed great surprise at being arrested. He has apologised to me for calling me a liar. (To Mr. Methuen.) I have made inquiries about Vincent and find he has been agent to the County Fire Office for 25 years and that, in September, 1905, he was manager to a machine company which has since gone into liquidation. I arrested him at his house, where I believe he has been living since 1892. (To Mr. Thorne.) A solicitor's clerk came and saw me the day before Goodman surrendered and made an appointment for him to do so, which he did.

Re-examined. At 46, Artillery Lane I found multifarious docnments which relate to nearly all the firms mentioned. I kept observation and never saw Vincent there.

(Saturday, October 26.)

WILLIAM BUCH , recalled.

Cross-examined by Mr. Frampton. I have made inquiries about Clifton. As far as I know, from 1902 to the late spring of 1905, he was carrying on an honest business, and from July, 1906, until his arrest on June 28, 1907, he was in honest employment, and that from July, 1906, to the date of arrest he had no connection whatever with Goodman. The firm with whom he was in 1905 as foreman shirt cutter give him an excellent character as a steady and industrious workman; they have told me they would consider the question of taking him back after the trial, and up to the present have not filled his place. The letters found at 46, Artillery Lane show that Clifton was repeatedly asking for the money to pay the workpeople at Soho Square, and that he had not money to

pay them. Account of assets of Long and Co. is in ink in Clifton's writing—pencil figures are added which are in a different hand-writing. Doig was in employment at Lombard Street at the time of his arrest and has been so since he left Moore's office, where he had a seat and carried on legitimate business as an accountant. My inquiries show that he is an industrious man. (To Mr. Elliott.) I watched Artillery Lane after obtaining the warrant—Goodman was then not a party to the charge. I saw him every day attired as usual. I arrested the five prisoners on June 28, and applied for the warrant against Goodman and Moore on July 6, before which date there had been a hearing at the police court, and report in the papers of the bearing, but not of the fact that I had obtained a warrant against Goodman. I suggest his cutting his beard and altering his attire made a difference. I had information that he had left the country. He may have come back again and surrendered because it was too hot for him.

Further re-examined. After Goodman's surrender it was necessary for persons who had been, in contact with him to identify him. I found about six sheets of the paper of the "English and Australian Copper Company, Limited, 142 and 143, Palmerston House," at 46, Artillery Lane. Vincent received from the County. Fire Office as commission in 1904 £2 16s. 3d., in 1905 £2 17s. 7d., and in 1906 £3 1s. 8d.

Detective-sergeant FREDERICK BROWN , New Scotland Yard. On the afternoon of June 28 I arrested Ralli in Middlesex Street. I said, "I am a police officer—what is your name?" He said, "Israel." I said, "I am going to arrest you on a warrant for conspiring with four other men named Doig, Vincent, Clifton, and Martin to cheat and defraud various firms." He said, "I have no connection with those men. I am a general commission agent." I took him to Bishopsgate Police Station, and afterwards to Bow Street. I found on him pocket-book (produced) containing an entry "A Petricus, 39, Fashion Street, wholesale clothier. Landlord N. and R. Davis, 81 and 62, Hamerton House, Bishopsgate Street"; also a letter from Thornton asking for rent due at 46, Artillery Lane. I saw Ralli write telegram (produced). I found upon him unposted letter to vincent.

Cross-examined by Mr. Elkin. I found only a small amount of money on Ralli.

Detective-sergeant FREDERICK CLEVELAND . On June 28, at five p.m., I arrested Martin at 46, Artillery Lane, in the office; Good-man was upstairs. I said, "What is your name?" He said, "Barker." I said, "I know you as Martin," and stated the warrant. He said, "I do not know what you mean; I have not obtained any goods; I have only been with this firm a week or two." I said, "The charge does not refer to goods obtained while you have been here." He said, "I do not know anything about any other place." I found on him diary containing entries about Willesden Green, cards of

J. McDonald and Co., 24, Finsbury Square, cancelled bills of Paul Bury and W.H. Cross, and a pawnticket for three hockey sticks dated April 20, 1907, pledged by John martin with Barker. At 11 p.m., I went to 34, First Avenue, Uxbridge Road, Acton, where Clifton lives, and arrested him. On my stating the warrant, he said, "Do you really mean it?" I said, "Yes." He said, "But I have had nothing to do with any of them for a very long time. Have you got Goodman in custody?" I said, "No." He said, "I am surprised at that; he is the principal." On the way to Bow Street he said, "I cannot understand why you have not got Goodman. He is the man who does all the business." I saw Moore write receipt (produced).

Cross-examined by Mr. Elkin. Clifton was paying a rent of 13s. 6d. a week. (To Mr. Jones.) I arrested Martin alone in a little office marked "Inquiry office." When he said his name was Barker that was before he knew I had a warrant. He did not deny that he was at Finsbury Square. (To the Judge.) I am sure he did not say his name was Martin, because I called his attention to the fact that I knew him as Martin.

Detective inspector ARTHUR PENTIN , City Police. In the autumn of 1905 I made inquiries about Braun Bros. About October 15 I went to Palmerston House and saw Moore and Doig. I said the police had had several complaints from manufacturers in connection with the unsatisfactory trading of Braun Bros., and that they had been going references; that Braun Bros, had been carrying on a long firm swindle. I pointed out the risks they ran in lending their names to it. They both stated they knew Braun Bros, very well they had satisfactory dealings with them, and had given their names in good faith.

Cross-examined by Mr. Frampton. I do not think I ever had a reference for Braun signed by Doig. I first saw Moore alone and he made an appointment for me to see Doig also. I had the address of Doig at 89, Chancery Lane, and was there told he used Moore's office. I have no note of the interview—I did not consider it was sufficiently important.

ROBERT AFFORD , warder, Brixton Prison. On July 16 Clifton wrote letter (produced).

THOMAS HENRY GURRIN . I am an expert in handwriting and have given evidence in courts of justice for 22 years on that subject. I have received specimens of the writing of Vincent, Doig, Ralli, Moore, and Martin, have examined the typewriter found at Artillery Lane, and am prepared to give an opinion as to exhibits written by it Letter from Long and Co. as to the taking of 6a, Steward Street is typed by that typewriter and signed by Vincent; also the reference from Vincent and Co.; the letting agreement is signed by Clifton. Letter of June 11, Long and Co. to Singer Company, is typed by the same machine; postcard written by Vincent. Exhibits 16 to 46 (referring to 46, Artillery Lane) are written by Clifton. (The witness went through Exhibits 1 to 319, identified a large number of letters

as written by the prisoners in different names, compared various typed documents ordering goods and giving references with the letters from the firms referred to, and staled they were written by the same machine.)

(Monday, October 28.)

Mr. Thorne, while admitting there was evidence for the jury on the first three counts of general conspiracy, submitted that on the remaining twenty-three counts, dealing with the definite obtaining of particular goods from particular firms, there was no evidence against Goodman; no false pretence had been proved as made by him, and no goods traced to him.

Mr. Leycester stated that, admitting there was evidence of conspiracy, it was not necessary to prove the particular acts.

Judge Rentoul said that in the acts of Goodman with Feldman there was quite sufficient to prevent his withdrawing the case from the jury.

(Defence.)

JAMES HARRY VINCENT (prisoner, on oath). I am 43 years of age, a married man, with a family, and have lived at 76, Brondesbury Villas for 17 years, before which I was living at Hynd Road, Brondesbury. I have been agent to the County Fire Office 25 years for the collection of premiums at 12 1/2 per cent, commission. From 1903 to September, 1905, I was manager to the Hydro Machines, limited, previously I was secretary and manager to another company. I have been in constant employment since I left school till September, 1905, and this is the first charge brought against me. I first knew Goodman 25 years ago, and have known him since as a financial agent and company promoter and a substantial man. I introduced him to the secretary, and there were negotiations for his purchasing the Hydro Machines Company, which failed. He then proposed to me to become his partner; he had a company in view and desired to join to it a firm of mantle makers; he introduced me to Burgess, and we went to May and Rowden's to sign a lease for 20 and 22, Maddox Street, which I did in the name of J. Vincent and Co. I did not run that business. I took the letters to Goodman. Either Burgess or Goodman told me to do so. I should have instructions to reply in some cases from Goodman, or Burgees once or twice. Typed letters were put before me for signature. I did not know what the Mercur Society was. In November, 1905, the business was moved to 4, Market Place. At that time Hydro Machines, Limited, went into liquidation. Up to then my time was also occupied as manager to that company. At Market Place I acted under the instructions of Goodman in the same way as at Maddox Street. Work was done at both places. I knew nothing of the taking of 24, Finsbury Square until I signed the agreement on Goodman's instructions, and the business of Vincent and Rothenstein was started. I never saw Rothen-stein. I fetched the form from the bank, took it to Goodman, and received it back with the signature of Gustav Rothenstein on it. Letters were handed to Goodman. There was practically no business,

McDonald and Co. was Goodman; they were to deal in soft goods, Vincent and Rothenstein in mineral water machinery or licensed victuallers' sundries—my own trade. I had nothing to do with McDonald and Co. I opened the account of "J.H. Vincent, trading as Vincent and Co.," with the London and County Bank, on the instructions and by the introduction of Goodman; the same applies to the account with the National Provincial bank of "Charles Vincent, trading as Vincent and Rothenstein." The letter of introduction handed to me by Goodman was in the name of Charles Vincent. I was taken to the London City and Midland Bank by a friend of Goodman's named Stanley and opened the account in the name of "John McDonald." Goodman gave me the money to open it. I believed Long and Co. carried on a genuine business—I saw Vincent and saw the girls at work there. I gave the references to that firm on the information of Goodman. I knew Cross as carrying on business at various addresses—Fulham Road, Victoria, and Hammer smith—the General Outfitters' and Supply Store was the continuation of his business, and I gave references as he had paid our account. according to the statements made to me by Goodman. I did not instruct Ralli to get the order to view 46, Artillery Lane in my name. With regard to Petricus, I had seen by his rent-book of 39, Fashion Street that he was paying £2 5s. a week, and thus considered he could pay the lower rent of Artillery Lane. I had known Doig for many years, and considered he was a substantial man, and so gave him a reference for 71 and 73, St. Mary Axe. I wrote post-card, "I have recently taken over this business, etc., P. Coleman," on the instructions, I think, of Goodman. I was writing on behalf of Coleman. I wrote the letter, "With reference to your claim for rent, I have a large claim against your client, etc.—A. Doig."—it has my initials, "H.V.," under the signature. Goodman told me to write it. Originally I had no idea that anything wrong was being done. My remuneration worked out to about 35s. a week. I never received the money for the cheques I endorsed—I acted on Goodman's instructions. I left Goodman in May, 1907, and was seeking other employment when arrested. (To the Jury.) In return for my salary I attended at various places during the day, wrote the letters which were necessary, and signed and endorsed the cheques. I received my remuneration from Goodman—I was his clerk I should think—35s. a week was all I got.

Cross-examined. I suspected there was something wrong about Christmas, 1906. I remained till May on friendly terms with Goodman writing letters for him. I had never received money from Petricus, I had done no business with Braun. I know Leslie, of Berge and Leslie, but had done no business with them. I had done some work for Long and Co.—made some materials up for them.

ALEXANDER DOIG (prisoner on oath). I am 39 years of age, an married, and have one child. I am an accountant. I first knew Goodman in 1900 by being appointed receiver for the debenture

holders of S.T. Roberts and Co., Limited. I had then offices at 3, Union Court, Old Broad Street. I afterwards took offices in Great Winchester Street in partnership with Forsyth Harford, and Goodman called on me as to the progress of this receivership. During 1903 I occasionally assisted Moore, and I afterwards had a seat in his office. I had no transaction with Goodman until August, 1905, when he called on me in reference to 71 and 73, St. Mary Axe, and asked me if I would take those premises for him, as he wanted to put a brother of his in business—I understood Goodman was an undisharged bankrupt, and so could not take them in his own name. The premises were to be used for packing purposes only. I took the premises, and on the first day I took possession I met Goodman and handed the key to him. The next day I called and found an army of workmen trooping in to take up the drains under the sanitary inspector's instructions. I never went there again for several months. I did no packing. I never ordered any goods to be sent there, nor received any there, nor have I received a penny from the proceeds of say such goods. When a claim for rent was made by the landlord Goodman instructed Mr. Raphael, and I told Raphael my connection with the matter; I have never paid or been asked for any costs. I first knew Clifton at the end of 1905, when he came to Moore's office. I am not responsible for the balance-sheet of Long and Co. I called several times at 10a, Soho Square at Clifton's request to write up his books from the various accumulated invoices and other papers—they were in arrear. I did not do this as the books were not obtained, and Clifton was not in when I called. Miss Welsh handed me an envelope containing a writ from Marshall and Snel-grove and a note from Clifton asking me to call and ask for time, which I did and saw Austin: his account is correct. I said that I was going to investigate the books of Long and Co. and had only known Clifton a short time: that was the true position of affairs. I had known Vincent for some time, and, in recommending him as a desirable tenant, I had no reason for thinking otherwise.

(Tuesday, October 29.)

(Prisoner, on oath). I had nothing to do with the business at St. Mary Axe, and did not know my name was being I used as the manager there. Exhibit 115 is in my handwriting, signature as well. I wrote it at the request of Mr. Moore. I knew I nothing of the financial position of Long and Co. The body of Exhibit 190 is in my writing. I do not recognise the initials. The signature is in my writing. I had never examined the accounts of Long and Co. I signed that "Caldwell Moore and Co." at the request of Mr. Moore. Exhibit 193, signed "Long sod Co.," to Ellison and Son is not in my writing. It is type-written. I never typed a document on behalf of Long and Co. nor signed one. I remember being in Moore's office in September, 1906, when Mr. Clark called with reference to the Outfitter Supply Stores. I was using Moore's office and Clark gave his name and asked if I would

give him information with regard to the company. I suggested he should call back and see Mr. Moore, but he was anxious to have the information at once. I found some papers relating to the Stores in Mr. Moore's box. I told him that the accounts which were in draft prepared by Moore were only approximate. I gave him approximately the figures which were on the papers. I had not examined the accounts of the Stores, and did not know who supplied the figures to Moore. I did not give them as figures I could vouch for myself. I have assisted Mr. Moore for the past few years. I was uncertain whether Moore had papers in connection with the Stores, but I knew where he kept his papers, and I had access to the box in which they were kept, and I searched and found them. I went to 39, Lombard Street, in October, 1906. I left Moore's office in April, 1906, but between that and October I frequently called back again to assist him. I was employed at Lombard Street continuously from October, 1906, to the time of my arrest. I was arrested at that office I was no party to ordering goods from any of the firms mentioned. I gave an order to Long and Co. for shirts and things for myself and paid for them. I produce the receipt, which was in my pocket-book mat the time of my arrest. The credit for eight guineas was for services rendered. It was an agreed figure which I was to receive from Long and Co. to write up their books, which I was never able to do. That was the cause of my attending there, and also attending Marshall and Snelgrove's at the request of Mr. Clifton, asking them to give him time. I insisted on being paid for the time I had wasted. Credit is given me in that account, and the balance was paid in cash. This is the first time a criminal charge has been made against me. The date of the bill is September 13, 1906.

Cross-examined by Mr. J.P. Grain. I have known Moore about 15 years, intimately, and his family. During that time he unquestionably bore a perfectly honourable character. I occupied a seat in his office before his bankruptcy, which was brought about, I have heard, by his becoming party to some bills for others. He was a Common Councilman of the City of London for years, and occupied many other positions, honorary and otherwise, with reference to different institutions, He was a member of the Painters Company. His firm was the Australian Copper Company, by whom he was paid a salary for doing secretarial work. He was paid a monthly cheque. He had leave to do other professional work. I had my own clientele, but at times assisted Moore. He had a fairly good clientele—good firms whose books he audited.

Cross-examined by Mr. Leycester. I agree that before giving a man a reference it is one's duty to make inquiries as to whether the statements made are true. I have never been an exporter. I first had a place in Moore's office about the latter end of 1902. I had access to the office, but not a continuous seat. I had an office in 1905 at 53, Bolswick Street, Portland Road, for six months, used exclusively for my accountant's business. I never used St. Mary Axe

for any purpose. A man named Coleman also had a seat in Moore's office. So far as business was concerned, I was on confidential terms with Moore. I audited people's books for him, but not those of any firm named here. I knew Mr. Hermann Braun and have seen Mr. Shepherd. Shepherd was not Goodman. I never heard of Graham. I saw Shepherd once. I was only at Braund Brothers' on two occasions. My first connection with Goodman was with regard to Robinson and Co., which was wound up. I had been book-keeper to it. That was a company alleged to be promoted by Goodman. (Mr. Thorne asked his lordship to take a note of his objection that the promotion and winding up of the company had been brought out improperly by Mr. Leycester.) (Cross-examination continued.) I did not know he was connected with Braun Brothers. Mr. Braun wanted me to prepare a statement of his accounts, but I was too busy other wise. I was a reference for Braun Brothers once. I forget the cireumstances under which it was given. It was about the beginning or middle of 1905. I knew very little about them, but I had known Braun for two or three years. I had no business transactions with Braun Brothers, and no money passed between us. Clifton was introduced to me. I knew nothing about his business except that I saw 20 or 30 women at work at Soho Square at the latter end of 1905. I knew Vincent, who was then connected with a mineral water compair. I knew he had the business of J.H. Vincent and Co. in Meddox Street. I think it was a solvent business. I have not worked as an accountant for them. As far as I knew, the business at 4, Market Place was Vincent's. I did not know Vincent and Rothenstein nor Walker. I had nothing to do with Goodman in the winding up. I knew he was concerned in some way in Braun Brothers. I only gathered he had access to the office. I remember Inspector Pantin in October, 1905, seeing me at Palmerston House. He told me he had made some inquiries with regard to Braun Brothers, and advised me not to have anything further to do with them. It was before that that I had taken the offices at 71 and 73, St. Mary Axe to oblige Goodman to set up a business with his brother. I have seen his Brother. He did not set up in business there; he was unable to because of the sanitary authorities. The premises were retained from September, 1905. to September, 1906, and I was nominally the tenant end signed the agreement and was responsible for the rent. I did not know whether the sanitary authorities were there for a twelvemonth or not. I know now that no rent was paid. I do not know of any proceedings against me. The first intimation I had that there was an action pending was seeing the case in the morning paper. I went round to St. Mary Axe and discovered it. An affidavit was put before me to swear. I emphatically and indignantly refused to sign it and walked out of the place. I have since been told judgment was given against me; I do not know for what. I believe there was a compromise without my authority to settle for £25 and costs and to give up possession. At the time I had nothing to do with it I took the premises for Goodman because he was an

undischarged bankrupt. I thought if the business was made successful I should be appointed auditor. I knew my responsibility if he did not pay the rent. I did not pay it because the place was untenantable, and I was advised there was a good action for damages against the landlord for letting them. For my own purposes I had no need of the premises. I think I asked Moore to be a reference for me. I understand Vincent was a reference. He had known me for some years as an accountant. I never saw the reference. I had known Braun for two or three years. I mentioned that I only nominally took the premises. I did not endorse a cheque, "A. Doig, manager" I had no idea the correspondence of Long and Co. was being conducted from that address. I always understood the premises were quite unusable for any purpose. It is not true I was at Long and Co.'s every day. I never saw the books. I saw bundles of invoices I was called in about April, 1906. I had nothing to do with making out a balance-sheet for them. The only reason I could not see the books was that for the few mornings that I called Clifton had gone out and had not left the books out. I never knew the brokers were in. I saw no one there but the girls and the manageress. I called on Marshall and Snelgrove's for Long. I did not tell Mr. Bright that if they did not stay proceedings it would mean bankruptcy. Mr. Seton's version of the matter is correct. I did not discuss it with Bright at all. I never opened letters addressed to Clifton, and did not conduct any of his correspondence. I knew nothing about the letter from Long and Co. to Ellison and did not sign it. The signature is like the one to another letter which I admit signing, but I am certain I did not sign it. It is not the only instance in which my handwriting has been imitated. I have no idea by whom unless it was a clerk employed by Long and Co. I had no knowledge of Exhibit 134, I think. I say I am positive. I do not remember such a letter. Since you have told me the importance of it I know I should have remembered it. I never saw nor heard of it. I wrote Moore's reference to Ellison on July 27. I had no knowledge whether it was true or not. It was written on the same date as the letter of Long's, in which somebody had imitated my hand writing. I wrote a letter for Mr. Moore at the same time to J. and N. Philips, dated August 27, at Moore's request, not upon my own initiative or knowledge. I never heard that Long and Co. had been sold up at 10a. Soho Square and 6a, Steward Street. I did not hear of the bankruptcy petition against Clifton on August 18—nine days before. I had not heard of Armitage and Rigby's complaint, or of the brokers being in. I wrote it in perfectly good faith for Moore. I had assisted Moore in the preparation of the balance-sheet and accounts of W.H. Cross when Cross was at 70, Fulham Road, I think in 1904. I did not know Moore was a reference for him in January, 1906. I had nothing to do with the accounts at the end of 1905 or beginning of 1906. I did not know that in February Moore had had a letter of complaint from Mr. Luck about W.H. Cross nor did I know that Cross had gone bankrupt on February 13. I

may have beard of it since. I heard since that he had sold the business to Adler, but not at the time. I knew nothing about the affairs of the Outfitters' Supply Stores, or Adler's, or Coleman's, or Bury s, or Croat's since 1904. I remember Mr. Clark calling upon me from Harris and Co. in September, 1906, and gave him some figures with regard to the stores from papers I found in Moore's tin box. I have no idea where those papers are now. I knew they were founded on an investigation by Moore. I have no reason to doubt the figures. Mr. Clark produced here, that I gave him, are correct: Stock, £1,500; fixtures, £250; cash at bank, £100 or £120; liabilities, £900, showing a balance of assets over liabilities of practically £1,000. I did not know that three days before Moore had refused to give a reference for those people. I cannot say whether the papers I found in Moore's tin box were in his writing. They were not in mine. I asked Mr. Clark whether he would be sending the goods, and he said he could not without first consulting his principal. The Stores had rung up Palmerston House to find out whether the reference had been accepted, and whether the goods were to be sent. That struck me as extraordinary. I told the inquirer that I did not know whether I should be doing right in giving him the figures, but as he seemed anxious to know, I would give him the approximate figures. I told him they were only rough accounts. I understood that the reference I gave was not at all satisfactory, and they did not supply the goods. The information I gave them was too meagre. Exhibit 65 is my letter to Mr. Denny as a reference for Mr. Vincent when he was taking 24, Finsbury Square in October, 1906. I did not state that I knew his financial position. I said I thought he would not enter into any obligation which he did not think he could fulfil, and that I thought that they would find him a desirable tenant. I had heard he had not paid all his rent, but had left 4, Market Place on a compromise with his landlord. I did not know he had not paid his rent at Maddox Street. I gave the reference because I had always known him to be an honourable man. The letter purported to come from the London Export Packing Company, so that apparently a letter had been sent to me there which was forwarded by the person there, whoever they were. I do not know why a letter should he addressed to me to the London Packing Company. The only thing I can think is that Vincent did not know where to write me, and thought that if he gave my address there the letter would reach me. It did reach me, with a sheet of paper enclosed to answer it upon. I saw Felman twice at St. Mary Axe. I have no idea what he was there for. I answered the letter on the Packing Company's paper because the letter was addressed there and the sheet of paper was enclosed. I thought it was a fair reference to give. It might have been better judgment had I used another address. I received Exhibit 319F, the date of which is November 24. At that time I had not seen Goodman nor Clifton nor anybody else, and one night I taw Clifton at Earl's Court Station, when he told me there was a question of his bankruptcy, and asked me if I could prepare his statement

of affairs. I said I could not, and I did not. I told him to go to the Official Receiver, and tell him the whole of the facts, and that if I could bring him and Goodman together I would do so. I communicated his letter to Goodman, and be read it. He said he would meet Clifton on the Monday evening at seven o'clock as suggested, according to my pencil note on the card. I did not discuss matters with him at all. I do not know how that letter was found at 46. Artillery Lane. I did not keep my correspondence there.

Re-examined. I saw the solicitor, Mr. Raphael, about the rent of St. Mary Axe. He never sent me in a bill of costs for that action.

JOHN MARTIN (prisoner, on oath). My name is Philip Adler, and am a carpenter by trade. I received two years' education at a board school. I left in Standard III., the highest being ex-VII. I worked for my brother-in-law as a cabinet-maker for six months. I served a four years' apprenticeship. After that I went as a carpenter for two years with Ashby Brothers. After that I was out of employment for a twelvemonth, and then I was introduced to the London Export Packing Company. I saw Goodman, who said he would give me a trial. He asked me to write a letter of application to be able to judge from (produced). That was the early part of 1906. Goodman said the writing was not good enough for correspondence, but he would see if I were of any use to him at all. He said later on he might be able to put me into a shop to learn the hosiery trade. I told him I should want at least 20s. a week. Then I went into the employment of the London Export Packing Company, taking the name of J.M run because I was told to change my name, it being too Jewish. I have always used the name of Martin since then. I know the man named Adler who has been mentioned. I am not he It is true that when I went to get certain keys I signed "Barker." I also told the police officer my name was Barker. I got rather frightened. I was contemplating taking the name of Barker properly. I go out with a young lady named Barker, and she wanted me to take an English name. I wanted to take it legally. I was general messenger at St. Mary Axe. I swept out the shop and took parcels, and had nothing to do with the management or the correspondence. I fetched no books from Soho Square. I never saw Edwards in my life. I went to Willesden Green because I was told to go there with messages. I was also told to go round to Steward Street and to stop there and I stopped. I was away from London from July 26 till August 6, camping out with the Jewish Lads' Brigade, of which I am instructor. I did not tell Goldstein that I was only the manager, but that I was only the messenger. I never signed for a parcel "Long and Co." It is true that I told Johns when he called at Steward Street that the work hands were on strike. There was a strike on. I had seen the crowds marching in the East End. After leaving St. Mary Axe I went to Finsbury Square, and afterwards to Artillery Lane, and was there until the arrest. My duties were the same, running messages. I did no know Braun

Brothers, and had nothing to do with Vincent. I never gave any reference or bought any goods, or had anything to do with the finance of the business or with the management. There was a typewriter at St. Mary Axe named Joe, and he did all the typewriting there and at Finsbury Square. I used to practise on the typewriter in Artillery Lane. I never typed a letter on it which was sent away by post. I was learning it. I knew that Clifton was bankrupt some time whilst I was at Steward Street. I did not know at the end of 1906. The affidavit which I swore to the effect that Clifton owed me £250 was not written by me nor was the affidavit read to me by the Commissioner when I swore it. Mr. Ralli took me to the solicitor and paid the fee. I did not know the contents of the affidavit till I was at the police court. I did not know what the affidavit was. Mr. Goodman told me to go with Ralli to swear the affidavit, and that it was only a matter of form. I did not type the letter to the poet office at Theydon Bois, and had nothing to do with its composition. It was not read to me. I first knew its contents at the police court. It was put before me to put my name to. That is Exhibit 187. I had not given an address to friends at Fernside. I do not know who live there. It used to be occupied by a relative of Goodman, I believe. The cancelled bills which were found on me by the police officer were given me to exchange the stamps. I have constantly visited Willesden this year to see the young lady to whom I have referred.

Cross-examined by Mr. Elkin. Ralli did not ask me to go with him to swear the affidavit. I expect he was told to take me. Goodman told me to go with him. The conversation was at St. Mary Axe. I think Ralli took me to Camomile Street or Wormwood street.

Cross-examined by Mr. Leycester. I was told to go to Somerset House with the bills. I was office boy and messenger, not at 10a, Soho Square, but at Steward Street, St. Mary Axe, Finsbury Square, and Artillery Lane, and I never suspected anything wrong in any of them. I went to 60, High Road with messages. I had no idea who the business belonged to at any time. Adler is my father. It is not Max Adler, but Maurice Adler. I was living with him. I never knew he was supposed to have bought 60, High Road from W.H. Cross. I do not know where he is now. I never saw my father with Goodman, nor at Artillery Lane or Finsbury Square, or 60, High Road. I knew Clifton. I spoke of him as Long and Co., but I regarded Goodman as my master and he paid me my wages. I do not remember calling on Goldstein and saying I represented Long and Co. I called for the keys, but I knew nothing about any arrangements. I went to Steward Street every day. There were two work-people employed there altogether about three or four weeks. One worked four or five weeks. I was not there all the time from May 18 to August 22. On one occasion I went to Soho Square to fetch a parcel for Goodman. I took it to St. Mary Axe. There were not

many letters at Steward Street. I was not there every morning. I do not remember Goldstein when he called there saying that the whole thing was a swindle. He said he wanted the rent. I did not get suspicious. He is mistaken when he says I said, "I am only the manager." I am just on 24 years of age. I took in a good many goods at Steward Street addressed to Long and Co. I do not know what became of them. I have no idea what became of the sewing machines. I do not know whether they went to any auction rooms. I remember Mr. Raper calling once. I told him the sewing machines were at Soho Square, which I believed was true. I did not know Long and Co. were out of Soho Square at that time or that the brokers were in. I do not remember Johns calling for Fevez Freres' account I remember telling him there was a strike of workers. I remember he called and wanted his money. I do not know whether he got it or not. I remember the bailiffs being in. I used to take the letters to Mr. Goodman at St. Mary Axe—letters addressed to Mr. Long. The relative of Goodman who lived at Fernside was not named "J. Martin." I never wrote the letter beginning "Dear Sirs, I have given my address to several friends as Fernside," but I signed it. I had no idea what it was for and I have none now. I never read it. I was at St. Mary Axe nearly every day. Felman called about six or seven times. I did not know he was having goods from there. I knew nothing about any trouble with regard to the rent. I was a very few times at High Road. I was sent down to help when goods were being taken away in November to Hurlock's. I went with one of the vans to Hurlock's, where the goods were delivered. I went to 60, High Road two or three times after the General Outfitters had cleared out to collect the letters. I was told to ask Mrs. Jory for the rent, and I did. I did not know they left 60, High Road without paying the rent. I was at Finsbury Square every day. I did not see many goods coming in. This pawnticket shown to me is for a cricket bat and some hockey sticks. I got them from St. Mary Axe. I do not know they were goods which had been supplied on credit by Mr. Nutton. I do not remember who gave them to me to pawn. I had the money. I called for the keys of Artillery Lane and was there every day and saw Felman there. I saw him look at some hats, which I knew had come from Messrs. Best. From May until July I was employed at Steward Street, and when I came back from my holiday I went to St. Mary Axe. I never went to Steward Street again. I remained at St. Mary Axe until October. Then they cleared out of there and I went to Finsbury Square. From March or April I was st. Artillery Lane till arrested by Cleveland. He told me he arrested me for being concerned with others, mentioning their names, in a conspiracy to defraud and to obtain foods by fraud. I said, "I don't know what you mean. I have not obtained any goods. I have only been with this firm a week or two." I had been there from April or May up to June 28. Cleveland then said, "The charge does not refer to goods while you have been here," and I said, "I do not know anything about any other firm." I meant I had been employed by the

same man. I had no idea why he was always changing his name. It sever occurred to me it was for the purpose of fraud.

To the Jury. My father introduced me to Goodman. I was out of work and he told me he would he able to do something for me. The bills were given to me by Vincent.

I was not doing anything with the business cards of Macdonald and Co. which were found on me. I expect they were in my pocket.

Re-examined. I regarded Long and Co., Macdonald and Co., and the London Export Company as one firm. My father is illiterate, unable to write a word of English. He knew nothing at all about Willesden Road. I genuinely believed there was business going to be carried on at Steward Street, where there were work-people and machines. The amount I got on the goods pawned, two sticks and one cricket bat, was 5s.

Mr. BLAXTER . I am a partner in the firm of Barnett and Foster. Vincent was in my employ from 1897 to 1903. I knew him before that, but not intimately. As far as my knowledge goes his general character for honesty and trustworthiness was perfectly satisfactory. H carried on a branch business for us as manager for between six and seven years. We bought out a competitor's business, of which Mr. Vincent was the manager, and he remained with us. We still traded in the old name. Vincent had control of the banking account. We closed the business because Vincent left us. Our accountants went through the books and found everything was in order.

R. DEAN SWEETING , M.D., member of the Bar and Inspector of the Local Government Board. With Mr. Roger Wallace, K.C., I am bail for Mr. Caldwell Moore—£500 each. Mr. Wallace is not able to be here. I have known Moore for over 40 years. I have always found him exceedingly honest and straightforward. I have had financial dealings with him. I know him and his family intimately.

ADEN ROBERT HANDCOCK , curate in charge of St. Peter's, Friern Barnet. I have known Mr. Moore for twelve years intimately. I was in almost daily intercourse with him and his family for four years, and have known him as an honourable, upright, and thoroughly honest man.

ARTHUR EDWARD JARRETT , member of the firm of Jarrett Bros., cigar importers. I have known Mr. Moore 15 or 16 years, during which time he has borne the reputation of an honourable and upright man.

CARNEGIE WILLIAMS , mining engineer. I have known Mr. Moore 15 years as an honourable and upright man, and that is the reputation he bears.

WILLIAM FREDERICK COBB , rector of St. Ethelberga, Bishopsgate Street. I have known Mr. Caldwell Moore when he was a Common Councilman. He also held other offices, honorary and otherwise, in my district, and was an active man in matters connected with charities, acting as honorary accountant for some of them. During the whole of that time I have known him as an honourable, upright man.

It was stated that apart from these proceedings there was nothing against Mr. Moore's character.

JOHN RALLI (prisoner on oath). My real name is Israel Israel I have been known by the name of John Ralli from 15 to 20 years I am a tailor and outfitter and a commission agent in bill discount ing. If the transactions are risky I get a little more on them. I was introduced to W.H. Cross and was with him for about a fortnight at Fulham. When he opened the business in Willesden Green I was manager at 55s. a week and 1 per cent, commission on the turnover. Mr. Maurice Adler was Mr. Cross's successor, and afterwards Mr. Coleman. I acted as manager all through. Afterwards it changed hands again to Mr. Berry, and I was with him in the same capacity. I received my salary from those four men. I did all the work in the shop—13s. 6d. a week I paid for rent. I have paid on an average from 10s. 6d. to 13s. 6d. a week for the last six years. While managing the business at Willesden Green I had control of the money till the proprietors came for it, when I had to hand it over. Prior to going to Willesden I was employed by Braun Brothers, Mr. Hermann Braun, at 30s. per week. That changed hands to Shepherd, and I got the same salary under him. After that I had no business with Braun. I have no recollection of writing any letter in the name of Ralli. I did ask Goldstein, at the request of Clifton, to give the latter further time for the payment of rent. I had no connection with Steward Street. I used to introduce clients to Clifton for shirts, for which I got a commission. I was never known in any name but Ralli. I called on Roberta at the request of Adler, who was my master. I called on Beckett in respect of the fixtures on behalf of Paul Berry. I bought the fittings at Willesden Green for Coleman, on monthly terms. I gave him the reference given to me to give him by Coleman, who was then the proprietor. It is a deliberate lie when Mr. Gray says that when it became a question of paying I told him we did not do little people, but only did big firms. I did not say so. I said, "These are not little people; you will get your account." That was after I had asked him to send for a police officer, and if I was doing anything wrong to give me in charge. I did not benefit in any way by the goods which have been obtained. The name "Ralli" was given me by J.R. Dale and Co. when I was working for them in Westbourne Grove fifteen years ago.

Cross-examined by Mr. Leycester. My connection with Goodman dates from 1901, when I was director of Robinson and Co., a company promoted by him. I was not in business with him as Referred and Co. I was then in business with another firm. I do not think I have been actually Goodman's servant, nor have we been employed by the same people. He was not in the service of Braun Brothers He was acting in the next office as the Merca Society, with which I had nothing to do. I left Braun Brothers when they were ejected, when the firm ceased to exist. Mr. Braun had sold the business to

Mr. Shepherd about three or four months before the end came. I never connected Shepherd with Goodman. I have seen Shepherd, who paid me my wages at the latter part. I met Braun before Goodman came on the scene at all. Braun Brothers had some goods from Long and Co. I think they paid for them. I could net tell you how many transactions. I was in sole control of Braun Brothers at times, but my whole time was not given there. I think that was some time in 1904, at 65, Fenchurch Street, but my memory is very bad. I have been in charge of the place many times. I remember swearing the affidavit in the action of Horton and Richards in July, 1906. At that time I cannot say whether Braun or Shepherd was the proprietor. I see in my affidavit I said Braun had already sold to Shepherd, and that would be so. Shepherd was there pretty well all day. I remember one parcel of goods, seven dozen white shirts, which Braun had of Long. They sold some calico to Long. There were three or four such transactions. I do not know how they were paid for. Both Braun and Shepherd were very suspicious men. I do not know why Goodman was superintending the packing of Braun Brothers' papers when they were ejected from Fenchurch Street. I do not know whether those papers were moved to St. Mary Axe. I went there sometimes three times a week, at the same time as I called on other houses of business close to there. I was at Long and Co.'s perhaps twice a week, but sometimes not for three weeks. My visits there had nothing to do with Goodman. I think I have met Goodman at Soho Square once. My business was with Clifton, canvassing for orders and selling goods for him on commission. I never sold any to Hurlocks. I never knew the brokers were at Soho Square or that Long and Co. were in difficulties; on the contrary, I heard there was a partner coming into the firm with £800. His name was Roberts. I never saw his £800. I did not go to Steward Street twice the whole time. I was told the brokers were in there, and that they were in difficulties. I saw two or three machines going there, but business was not very active. Mr. Adler—the man who is called Martin—was in control there, and with him was a man with a beard called Rubin. I have seen the latter at 46, Artillery Lane. I think he did the typewriting. He was not "Joe." I called on Goldstein three or four times. I did not tell him I was head traveller for Long and Co. I told him Long was at Margate and I did not know his address. I told him he had gone on to Paris and I did not know his address there. Clifton asked me to call before he left. He went suddenly; I believe his wife was taken ill. He left me no address. I thought he was a little pressed at the time. I have known Robinson from 1900. I had nothing to do with his taking Maddox Street. I did not call with a representative of the Merca Society. Business at Maddox Street was not very active, but I law costumes which had been made. The business was that of J.H. Vincent and Co. I saw Vincent there. He also carried on business st. Market Place. I witnessed the agreement for Market

Place because I was asked to. I was employed at High Road from September, 1905, to December, 1906, and was in control first on behalf of Cross and then of Adler. I do not know what it was sold for, but it was a genuine sale so far as I know. Stuff was bought; I do not know whether it was on credit. I never saw people come for their money. I never saw any of Cross's creditors. Adler paid me my wages from December until he sold to Coleman. Adler was never known as Max Adler, but as Maurice Adler. I do not know his position, but he was respectably dressed. I first called on Hayes on behalf of Cross in taking the premises, with Cross. Afterwards I called on Hayes to tell him the business had been transferred to Adler, and afterwards I called on Roberts. He would not accept Adler as a tenant. I offered the rent but he would not take it. I remember Munt Brown. The name used in his case was the General Outfitters and Supply Stores. Goods were supplied; I do not know whether they were paid for. I told Munt Brown the Stores had bought the business for £2,000, which I believed. I also called upon Hodson Jack. I was there about once a week for a month. I said I was buying for M. Adler, not Max. I did not buy goods to the amount of £63 3s. 10d. Those were bought in the shop by Mr. Wood There was no reason why they should not be paid for as it was a prosperous business. My orders did not amount to £10 from Hodson Jack. I ordered goods from Harding and Co., giving the name of Israel, because I had bought goods of them under that name when I was manager for Charles Baker and Co. I told him I was manager to the General Supply Stores. I do not think I ordered goods there to the value of £70. I did not order many goods from a number of other people; I bought very little, only what was really required. I served the customers, dressed the windows, and brushed and kept the stock. I saw Goodman there once or twice. I remember going to Radin's about September, 1906. I think the business then belonged to Coleman. I was simply a working man there. I did not know goods were not being paid for. I saw Mr. Radin himself. I do not remember seeing Gray. I said we never gave deposits and we would take a month. I said, "The terms I am to buy on are thirty days." He did not say he would have to have them made. They were very ordinary things. It is not true that my agreement was to pay cash. I do not know whether Long and Co. were given as reference. I think I had heard that they were bankrupt at that time. Gray called on October 11 and told me I had given him a fraudulent reference, as Long and Co. were already bankrupt. He shewed me the "Drapers' Record." I told him Mr. Long was taking a partner and it would be all right. I thought Long was going into Steward Street with a partner. The landlord distrained at 60, High Road in October. I tendered Roberts the rent on behalf of Coleman. I have seen Coleman several times. He had an office at Palmerston Hcuse also. I do not know that his business was that of a whiskey distiller. I do not know where Coleman and Cross are now. I understand that Cross never appeared for his examination in bankruptcy.

The business was sold to Bury in November, 1906. The only application which was made to me from a creditor of Coleman was with regard to lamps. They had been ordered by Coleman and Bury repudiated responsibility, but that account for lamps was paid. Goodman was not there when Tritton called about the lamps. I do not know how Goodman came to be selling stock to Hurlocks. Bury told me to re-mark the goods at a profit of 25 per cent, on the cost. In some cases I had the tickets taken off and re-marked for Hurlocks. Hurlocks knocked 35 per cent. off. I believe that was the arrangement, but I did not know they had bought until the last and had nothing to do with it. There were some robber goods from Moseley's, but I do not think they went to Hurlock's. Goodman supplied the stores with some bicycle capes. When the fittings were removed I did not know that Radin's portion had not been paid for. That was only £9 and the fittings were worth £200. Gray said it had not been paid for. I never mentioned Goodman's name in connection with payment. I did not say, "We are not amateurs at this work; we have had 10 or 15 years' experience." I regarded Petricus as the tenant of 46, Artillery Lane. I did not propose to take any premises on behalf of Coleman; I went to take them for Petricus. I called at Artillery Lane nearly every day to see if they had any commissions for me. I was not in the employ of Walker and Co. I have seen Feldman at Finsbury Square. I was not in the habit of calling at the bank for them. I was asked to write Exhibit 222 by Vincent, trading as McDonald and Co. It is a reference for Walker to Beat. That reference on which the hate were obtained is in my writing, and I tried to sell them. Exhibit 84 from the London Export Packing Company is in my writing and I initialed it, but I was not employed by them. I understood Doig was conducting it. I was not constantly there. I wrote Exhibit 86 to Hayes and Co. on behalf of Mr. Cross with regard to taking the premises at 60, High Road. For six months I was at 65, Fenchurch Street, once or twice at Maddox Street, perhaps a dozen times at St. Mary Axe, twice at Market Place, and witnessed the agreement. I was in control at 60, High Road. I visited 24, Finsbury Square and Artillery Lane. I never had any suspicion with regard to one of those places that a dishonest business was being carried on. I have had no benefit of say kind except my salary. If the prosecution can prove I have reaped any benefit out of this I will willingly suffer. I endorsed a cheque from Walker and Co. for £10 14s., but I never had any of the money. I never went by the name of John Rowli. The Rowli who gave a reference was not I. The cheque for £3 2s. was not endorsed by me. I got an advance for McDonald and Co. on some cricket bats from a Mr. Hawkins—£10—which I handed to Vincent. I did not know they were obtained on credit. The two cheques on the same date handed to me, 322 and 333, from Hawkins are payable to Goodman. That is the money I received and handed to Vincent. It was on a Saturday and the money was required for wages, and the cheques were made payable to Goodman because I thought he could

probably get them cashed. A Mr. Rubin, who I believe was going into partnership with Petricus, asked me to act for Petricus in obtaining premises at 46, Artillery Lane. I asked Hawkins to make the cheques payable to Goodman. It was after hours at the bank and I got them cashed at a public-house and handed the money to Vincent.

(prisoner, on oath). I am 55 years of age and a married man with a grown-up family. I first had offices in Palmerston House in 1886. I have never had a word said against my character for probity and honesty. In 1891 I became a member of the Chartered Accountants' Society and did not cease to be so until I became bankrupt in 1905. I then retired according to rule. I became a member of the Common Council in 1895 and continued so till 1903 or 1904, when I was defeated on the poll by about three votes. I am still a Liveryman of the Painters' Company. I have occupied many positions in the City and acted as honorary secretary to different institutions. In 1886 I became connected with the English and Australian Copper Company, which is still in existence and has for some years paid a dividend. Its offices were at Palmerston Buildings till quite recently. In 1885 or 1886 I was appointed by the Committee of Inspection to go through their books and give them a general statement on the affairs of the company. After that I was appointed secretary in 1886 and 1887; they sent me to Australia to look after their business. I was there about eight or nine months and came back and reported. From that time I continued as secretary and accountant, and was in that position when arrested on July 8 I had to provide the offices and clerks and received £300 a year by monthly cheque. I was permitted to act independently as an accountant, and acted in that capacity to a number of companies, even after my bankruptcy. Doig had permission to use my office. I first became acquainted with my co-prisoners in 1902 or 1903, the first being Goodman, whom I looked upon as a man of honesty and financial means. Doig I have known for a good many years. The remainder I became acquainted with through Goodman in 1905. When in financial trouble I went to Goodman, who said he could assist me. He introduced me to Long and Co., and I prepared a statement from their books. I went to them in Soho Square, I think, about 6 or 7 p.m. and saw Clifton, whom I knew as Long. They produced certain books to me, and I took out extracts of the debts due and owing. Then they sent me a stock list, which I incorporated with their balance-sheet. It was really not a balance-sheet, but a statement. I took the materials for the ultimate result from books. I had the stock sheets and a banker's book presented to me. There was a balance of £8 in the bank book, which I pointed out to Clifton, saying, "You have £118 down in this statement. Where is the other hundred pounds?" He said, "I have cheques and cash in hand, which I am going to pay in to-morrow," I took his assurance and certified the £118. I saw the pass-book, but not the cash book. I acted professionally, and believed the figures were correct. I received five guineas for my services.

I gave a reference, naming those figures, believing them to be correct. In reply to Exhibit 134 I wrote to Armitage and Rigby saying I had made up the figures to November 1, 1905. I made some inquiries either from Long and Co or from Goodman, and I was asked to make a further inspection of their books, which I did. I wrote Exhibits 259 and 260 to Messrs. Cox and Edwards. There was £200 less in stock than the time before, which I considered was the result of trading. I believed I had ascertained the true state of affairs so far as figures were concerned. I checked the pass-book, but did not see the cash book. It was only a statement of liabilities and assets. I would not look at the cash book in preparing a statement of liabilities and assets, and I did not use it. I accepted the stock sheets as correct. I had no complaint of my reference of Long and Co. from anyone else. I was introduced to Cross and Co., and went to Fulham Road, and was asked to prepare a statement of affairs. I asked Doig to do it for me, as I was engaged in other business. He prepared a statement for Cross, which, of course, I accepted, knowing was a capable accountant, and acted upon the figures in good faith. Mr. Luck warned me with regard to the reference, and I gave no reference to Cross and Co. after that. I had believed they were carrying on an honest business. I made inquiries, and found they had become the Public Supply Stores. I never saw any account of the Stores at all. When I inquired I was surprised to find that Cross had become bankrupt. I did not know of one single order given by any of these firms which had open mentioned. When I was rather hard up, before my monthly cheque became due from the Copper Company, I asked Goodman if he would advance me up to the amount till the end of the month, and he said he would. I paid a cheque at the end of the month. Another time I think I gave him a cheque, and asked him to give me the money, as I required it in sums of £1 or £2, and he did. Then there were some cheques, which I cashed for him through my tradespeople, and gave him the money. But beyond that I received nothing. I never received any of the proceeds of any of these obtainings, of whatever character they are. It was in 1903 or 1904 that I put my name to some bills, for a gentleman holding a position in the City, upon which I was liable, and judgment was recovered against me on some of them. That was the sole cause of my bankruptcy. If there is a favourable issue to this trial I have reason to believe I shall go back into the employ of the company whose servant I was till the day of the arrest.

ERNEST MOSELEY . I am a member of the Stock Exchange, and have known Martin seven years, and have found him trustworthy. At one time he assisted me to dress my damaged arm, and I left papers and money about my room, and had to trust him. His general reputation was good. He was not considered a smart boy. (Adjourned till Thursday.)

(Thursday, October 31.) recalled, further cross-examined. I did the principal work in connection with the account for W.H. Cross. The whole of the

details were prepared from his books and I did it at Palmerston House. Moore overlooked what I had done and I believe checked it. recalled, cross-examined. I have been an accountant 20 years, have had considerable experience, and think myself competent. I have known Goodman four or five years. I have known Coleman for two years as agent for a firm, and heard that he had purchased 60, High Road. I believe he is now in America. I first knew Clifton in 1905, when he was introduced by Goodman, and I was asked to prepare a statement of Long and Co.'s affairs. I saw Vincent at Goodman's place. I have seen Berg, of Berg and Leslie—I never knew him by the name of Bury or Burgess, Braun Brothers proposed to buy Berg and Leslie's business and they asked me to go over the stock, which I did, and Braun purchased it. I heard long afterwards that Berg and Leslie shortly afterwards became bankrupt. I have called at 65, Fenchurch Street and 71, St. Mary Axe to see Goodman. I understood that the St. Mary Axe premises were taken by for Goodman. I was once at 46, Artillery Lane. I can only account for some of my letter paper being found there by the fact that Goodman once got me a packet from his printer and he may have retained some of it. The day Martin was arrested I had gone to see Goodman and was outside talking to Rubin. I was told of the arrest. I have never been to 6A, Steward Street Braun Brothers said they wanted me to be their accountant. They were doing an export and import business with the Cape, where they had connections, and they wanted to know exactly how to send out goods on bill of lading and get cash from the bank, and I was to arrange that for them. I only saw Braun about it; I did not know Goodman was carrying on the business. I gave one or two references while Braund was carrying it on. I have no recollection of Pentin warning me and about them. I never had any suspicion there was anything wrong with Braun Brothers. I had a letter from Vincent and Co. asking me to act as their accountant. I made inquiries about him and gave a reference to the landlord of 4, Market Place on Goodman's information. I did not know that he had left Maddox Street without paying his rent. Exhibit 64 is, I think, on paper which Goodman got printed for me. It is not my letter and I do not know the writing or the signature. If I had been asked for a second reference I should have made further inquiries—should have wanted to know why Vincent left Maddox Street. I never saw W.H. Cross's books. I was told they were at my office, and a statement was made out to October 25, 1905. This is a draft of the statement of affairs in the handwriting of and the other is a fair copy of the final result. It shows a balance of assets over liabilities of £1,007. The account was prepared in my office, and I accepted it as correct. Doig prepared it. I heard some time afterwards that Cross had failed in the following spring. Must have been deceived in drawing up this balance-sheet. I do not remember anyone calling on me in November, 1905, about Cross. I may have shown him this balance-sheet showing

£1,000 surplus and said that I should not have signed it if I had not been satisfied that the stock £1,500 was correct. Doig had the stock-sheets, which I usually accept from the proprietors of the business—that is the practice of accountants. I produced the balance-sheet to Luck in January, 1906, and gave Cross a reference. I had no suspicion that he was in difficulties. I told Luck that Cross was going to take a substantial partner. I explained it fully to Lock because I knew him, that I had drawn out this statement of affairs, and I considered Cross good for £100. I was basing my information on this sheet and that alone. I got the letter of Wynne Baxter and Co. and was very indignant at the deceit practised on me. I went to Goodman about it, and also to Doig. I wrote the letters produced to Wynne Baxter and Co. I afterwards wrote the reference produced from Adler. Goodman told me he had bought the business for a considerable amount of money from Cross—I think £2,000 with £900 down. I had no suspicion that I was being deceived. The reference given by Doig in August, 1906, after Coleman had bought the business, was not by my authority. I did not know that Coleman had purchased. I refused to give a reference for Coleman to Clarke. I never heard of Clarke coming to my office afterwards. Doig must have given the information to Clarke in September, 1906, on the papers with regard to Cross's business made up in October, 1905. I gave a reference for Coleman as to 46, Artillery Lane, because Coleman told me he was likely to get an agency for whisky, and he required a store. I then knew of his connection with 60, High Road, but did not know that the business had come to grief or that they had cleared out in December, 1906. Long and Co. was introduced to me by Goodman in October, 1905, and I went to 10a, Soho Square, to examine the books; they were made up to date. At I was preparing a statement, not a balance-sheet, I only examined the ledgers to get the assets and liabilities, which I took from the balances in the ledgers. I cannot find the statement I made. I was asked for it by Mr. Blow, the trustee in Clifton's bankruptcy, on November, 1906. Copy produced by Messrs. Sutcliffe is no doubt correct, showing stock £1,300. I took that from the stock-list given to me by Long and Co.; this is the original sent to me, and is all I knew about it. When I went to 10a, Soho Square it was a very busy place, and I thought it was a good going business from what I saw of it. I thought the figures given me were right. I took the book debts out of the ledger. With regard to "cash bank £118 6s. 4d.," I looked at the bank book and called attention to it, and was told by Clifton that he had sufficient to pay in to bring it up to the figures he had supplied. Of course, I knew Clifton then as "Long and Co." I gave references to several people on that statement—whenever I was asked. I received letter of May 16, 1906, from Armitage and Rigby, by which I found that I had been again grossly deceived in the case of Clifton, as in the case of Cross—both introduced by Goodman. I complained to Goodman; he said it was only temporary, and that Long and Co.

would be all right; there would be capital found. I did not go to 10a, Soho Square. I knew Goodman was going to form a company, and that all the businesses were to be joined together and a syndicate formed, and it was necessary that he should keep these people together and expand their business. I took it from Armitage's letter that the brokers were in. I was afterwards asked to make another statement for Long and Co., which I did in the same way. I naturally concluded that things were going all right again. I wrote letter of November 1, 1905, to Cox and Edwards, stating that there were assets over liabilities £1,505 14s. 1d. I believed it to be true then. I sent a further letter to Cox and Edwards, showing a balance of assets over liabilities to date at £1,352 12s. 4d. I have no papers here showing how I arrived at that statement. I was not aware the brokers were then in possession. Goodman told me the business was all right. I understood he was financing the business. I may have informed Keeling, Wiles, and Co. on May 30, and have written to Fevez Freres that there was a surplus of £1,350. I have no recollection of instructing Doig to write that to Ellison, or to J. and N. Phillips on August 22. Goodman asked me to come and see the new place, and I went round to 46, Artillery Lane. I had been at all the other addresses again and again. I gave references for Long and Co., Braun Brothers, Vincent, Doig. W.H. Cross, and Coleman without the slightest suspicion that they were untrue.

JOSEPH GOODMAN (prisoner, on oath). I carry on business as a financial agent, company promoter, and buyer of job stock lines. I first met Clifton in 1904 when I was at St. Bartholomew Lane as "Goodman and Co." In the following year I took over from Braun Brothers agency of the Mayerpoor Society, and paid Braun Brothers £? a month for the use of a part of their outer office. In September, 1905, they had difficulty with their landlord, and I left. About that time I met Doig, and told him I wanted bigger offices for my business, and he decided to take the premises, 71 and 73, St. Mary Axe. My half-brother, Rubin, who had some connection with the Continent, wanted some packing premises, and he there carried on the business of the London Export Packing Company. Rubin arranged to pay the whole rent to Doig, and I paid Rubin for my user of the premises, about £1 a week, according to the amount of goods which I had there; it varied from time to time. I purchased clearing lines and stored them there—all classes of merchandise. Numerous other people used the premises as a packing place. They would write letters there and might use the paper of the London Export Packing Company; that is nothing unusual. I used the premises to about October, 1906. (To the Jury.) A day or two after we went into St. Mary Axe the sanitary authority sent a lot of workmen in, who took up the whole of the drainpipes. For months I could not get near the place, the stench was so bad. We used the place the best way we could. You could put the goods on one side—we had to—I had nothing else to use. I did not have a receipt for the rent I paid,

(To Mr. Thorne.) I never gave any references for the taking of premises or obtaining credit for the purchase of goods. There is no truth in the suggestion that references were written on my direction. After St. Mary Axe was given up I arranged with Vincent to take part of his premises at 24, Finsbury Square for 15s. a week. Vincent was both "Vincent and Rothenstein" and "McDonald and Co." I understood Vincent and Rothenstein's business was something to do with brewers' and publicans' machinery; McDonald and Co. dealt in merchandise. Vincent knew Stanley and got a letter of introduction from him to the bank. I may have introduced Stanley to Vincent, but they had known each other for some time. I had nothing to do with the purchase or disposal of goods by Vincent and Rothenstein or McDonald and Co. I introduced Feldman for the purchase of some ties from them. I did not know where the ties had come from. When Henderson used violent language to me I told him I should kick him out. About this time I advanced money to Vincent as a financial agent, and, being an undischarged bankrupt, I got Vincent to make out cheques for me, for which I gave him the cash. Vincent was never my servant. As Henderson was very unpleasant, I asked Rubin if he could give me a couple of rooms at his premises, 46, Artillery Lane, as I was going into business making motor coats and mackintoshes, which is really my business. I arranged to pay Rubin £35 a year for his two top rooms, but, as there was some manufacturing going on there he let me use the first floor. I was there about two or three weeks. I was not "Walker and Co."—that was Petricus and Rubin; Darnell came in afterwards. I met Darnell, and he asked me to go and see the K.C. Soap Company with him. I went with him and saw the manager, and on leaving he told me he was very hard up; could I introduce him to any business. I said I could not at the moment, but I would see. He asked me to lend him a few shillings, which I did. I mentioned the matter to Rubin and introduced Darnell. They had a conversation and Darnell said to me, "There is a very good chance to do business here; they want a good deal of capital and I could make it go—it is a fine place and a cheap place—is there any way you could advance some money?" I said I had no security. He said I could hold the security of the shop on a document, and he told me what sort of document would be necessary. I said my wife would advance the money. He pressed me that he wanted the money for the business, and I let him have some money to open a banking account. He said, "In the meantime to secure you, I will give you the cheque book. Of course, I cannot draw anything and you will be able to use it." He saw Mr. Timbrell, the solicitor, and made the document out. I showed it to my wife and she would have nothing to do with it. Of course, on the strength of that I used his rooms. Darnell was never my servant at £2 a week. I had nothing to do with the taking of 46, Artillery Lane or with the ordering of letter paper in the name of Petricus and Co. While at Artillery Lane I introduced a parcel of straw hats to Feldman from Rubin—they were very soiled. I accepted Feldman's story with regard

to that. I kept my papers in a drawer in Rubin's room. I remember the police coming there. Birch asked me for the key of the drawer. I said I had not got the key, but I would see if any of my keys would fit the drawer. I found one that would—it was an old-fashioned lock—and I gave the papers to Birch. I did not manage or control the business at Soho Square. I knew Clifton. He informed me that he was going to open a laundry business and that Cross had several shops which he was going to form into a company with the laundry. I saw Cross at Fulham Road, and he showed me the shops at Hammersmith and Victoria, which seemed to do a very good business. I consented to try and float the company, but I wanted to know their position, and said if they would have their accounts audited I would take the matter up. The accounts were audited, and I got the memorandum and articles of association prepared and printed by Raphael, my solicitor, Moorgate Street. Cross then purchased another business at Willesden Green, which he opened under the name of the proposed company, "The General Supply Stores, Limited." Cross was the tenant and paid the rent. My son was sent there to learn the business. I had no control of it and knew nothing of the inner working of it. I advanced money to Cross; he got into financial difficulties, and a sale was made of all his businesses. I refused to lend more money until the company was formed. Ultimately Cross came and told me he had sold his business to Adler, and that he had paid £900 in cash and, I think, 3,000 shares in a company which was going to be floated. Adler is a costume manufacturer and is the father of the prisoner Martin. I advanced £500 to Adler on bills of exchange, and when the business was sold to Coleman he took over Adler's liability on those bills, fresh bills being drawn. Coleman told me he had an appointment in America and was selling the business to Bury and asked if I would accept the new incomer for the bills, which I did. I used to send in goods to High Street, Willesden, for sale or return, and I used to go there to see what they had sold. I remember Feldman coming to Willesden Green with Carpenter. It is not true that Feldman introduced me under a false name. The goods dealt with at Willesden Green were absolutely my goods, and the prices paid for them were fair prices as soiled goods. With the exception of payments in respect of those goods I never received, directly or indirectly, any of the profits of the business carried on at Willesden Green. I never received any of the rent paid for the upper floor. I bought some goods from the Fore Street Warehouse Company for the General Supply Stores a few days before the Stores were shut up, for which I paid cash, but I was never repaid by the General Supply Stores for those goods, nor for other parcels of goods. I had nothing to do with the taking of the premises in which the business of the General Supply Stores was carried on, nor with its management. The account given by Feldman with regard to the sale of the fittings at Willesden Green I believe is correct. Referring to Exhibit 319, I did not make the pencil alterations. There is no truth in the suggestion

that I tried to disguise myself or hide myself. I have known Ralli for some years, and have done business with him, but he bas never been in my employ. I know nothing about the typewriter which has been referred to. I have a typewriter of the same make (Armstrong), but it is at my solicitors. With regard to Martin's evidence, it is not true that I was carrying on business at Steward Street, and Martin was not regularly employed there. I never represented to any of the people from whom goods were obtained that the prisoners were substantial people. I have advanced money to the various prisoners in the course of my business as a money lender, and have lost a considerable sum. I had not the slightest suspicion that there was anything dishonest in the way the transactions in question were being conducted. (To the Jury.) The sales I have spoken of were not sales in the ordinary way, so I kept no books with regard to them except a little book, which I have not now. (To Mr. Methuen.) The business of the London Export Packing Company was carried on at St. Mary Axe by Reuben, and belonged to him, not to me. I carried on my business there as well, and there were various customers who had their letters addressed there. My name was not painted upon the door, but was written on a slip of paper. I cannot tell whether any other names appeared on the door. I cannot say whether the name of "Vincent and Co." was on the door or not. I was not "Vincent and Co.," nor "Vincent and Rothenstein," nor "McDonald and Co." I had nothing to do with the business of Vincent and Co. at Maddox Street, nor was I interested in it beyond advancing money. I am not a registered money lender. I knew Berg. I do not think I introduced him to Vincent, but the idea was that they should go into partnership and carry on the business at 22, Maddox Street, for which I advanced money; perhaps as much as £60 or £70, I am not sure. I did not take any receipt from Vincent for it. An account was kept in a book. The £60 was not advanced in one sum, but in small amounts of from £5 to £10. It is not true to suggest that I never advanced any money at all. I had a bill from Vincent as security for it. I may have lent Bent small sums of money and got receipts from him, because I had not so much confidence in him as I hold in Vincent, whom I have known for some years. I had no other interest in the Maddox Street premises except lending Vincent money, and did not care whether he took those or any other premises. The transaction had nothing to do with the Mercur Society. Someone may have used the Mercur Society's paper to make the inquiry. I was the representative in London of the Mercur Society. I had nothing to do with the taking of 4, Market Place and did not advance any money in that case. I took no interest in the business carried on by Vincent and Co. alter advancing my money. Some of it was repaid, but I lent it again. I do not know what for. I did not take any security when I lent the money on the second occasion; it was only a small amount. The bill I mentioned was drawn by Mr. Vincent on himself; there were

no other parties to it. I did not know Mr. Rothenstein, nor had I anything to do with Vincent and Rothenstein or McDonald and Co. at 24, Finsbury Square. I have not seen Exhibit 310 before. It is untrue of Vincent to say that I gave him that document with the signature of Rothenstein on it. I was using part of the premises at 24, Finsbury Square for the purposes of my own business, but my name was not painted up there, nor was it written on any piece of paper and attached to the door because the arrangement was only temporary and we were looking out for a manufacturing place. There was no partition in the room. I had a seat in the offices of Vincent and Rothenstein, or McDonald and Co., for which I paid something like 15s. a week. I was to pay £28 a year and a little extra for accommodation if Vincent attended to any of my private work. I never inquired into the business of either Vincent or Rothenstein or McDonald and Co. I got no receipts for the 15s. per week. I was not aware that Vincent and Co. had been turned out of two successive places without paying any rent. I recollect the action being brought against Braun Brothers and the writ being served upon me and making an affidavit that I was not Braun Brothers but the representative of the Mercur Society. I did not know anything at all about Braun Brothers' business. I remember Mr. Henderson. I did not say to him, "It will cost you two or three years' rent before you have done with me." He was very rude when he came in and I said, "Are you Mr. Vincent?" He said, "No," and I said, "You had better clear out." He cut the telephone off and damaged the place, and as I knew Mr. Vincent was contemplating bringing an action against him I told him so and said it would cost him something before he had finished. In August, 1905, I introduced Vincent for the purpose of opening an account at the London and County Bank, where I had an account myself for some years, but it was closed in June, 1905, two months before I introduced Vincent. I made a mistake when I said it was Stanley who introduced Vincent to the National Provincial Bank; the introduction came from a Mr. Lewis, who was in Mr. Stanley's office. Vincent asked me to get him an introduction to the National Provincial Bank. I cannot say whether I introduced Vincent to the London City and Midland Bank or whether Stanley did. It is incorrect to say that I am Vincent and Co. and Vincent and Rothenstein, or that I am Walker and Co. I remember Darnell's evidence. He was not employed by me. It is not true to say that up to May, 1907; Vincent was employed by me as a clerk, and that from that date Darnell took his place, nor is it true when Darnell says I suggested that he should be a sort of partner and I should pay him £2 a week, and that he signed cheques in blank and handed them to me. He did not write letters at my dictation, nor open banking accounts, the money for which was found by me. The banking accounts opened by Vincent were not opened by my directions, and I did not find the money for them. Cheques Nos. 308 and 309 are made out to my order and I believe are endorsed by me, but I have no recollection of endorsing them. I can't say whether the endorsements on the

three McDonald cheques are in my handwriting or not, because they art not alike. I may have endorsed a cheque, "McDonald and Co." or "Vincent and Co." I cannot recollect whether Feldman handed me cheques drawn to different names by my directions. The endorsements on the two or three cheques drawn to Vincent and Co. and endorsed "Vincent and Co." may be in my handwriting.

Cross-examined. It looks like my writing. Both the "McDonald and Co." and the "Vincent and Co." look like my writing, but I have no recollection of endorsing them. It is the fact that Feldman got the money from Carpenter and it passed through my hands, if he says so. I should not think he handed me cheques made payable to Vincent in respect to these transactions. It is the fact that in June and July I was selling to Hurlock's goods which came from 60, High Road, but I do not think these cheques for small amounts had anything to do with it. Possibly it was to meet some other cheques that cheques were passing from Feldman to me, some of them endorsed, in writing like mine payable to Vincent in his various names. The witness Walsh is quite inaccurate in saying that I always appeared to be the person conducting the business of Braun Brothers, and also that he knew me as Shepherd and Co. I had nothing to do with Braun Brothers all the time I was at 65, Fenchurch Street. I was present when Braun Brothers were ejected, collecting my papers and books, but I am not certain whether I removed them straight to St. Mary Axe. Braun subsequently came to St. Mary Axe and brought a parcel which he asked permission to leave there. His papers were not taken there except some that he brought. When he wanted to refer to them he used to call. I do not know whether his papers were taken from St. Mary Axe to Artillery Lane. I do not know what became of his cheque book. I do not know how it came to be found at Artillery Lane. I do not know who drew cheques on Braun Brothers' account in 1905, 1906, and 1907. I do not know who signed them, nor who passed them. I do not know the hand-writing on the cheques. I last saw Braun about two or three weeks before I surrendered. I deny that Walker and Co. was my business. Darnell proposed that he should carry on business in the name of Walker and Co. on behalf of my wife, as a security for me advancing money, but my wife would have nothing to do with it. Petricus then started as Walker and Co. I never carried on business at 46, Artillery Lane. I do not know whether the papers which had been taken from Fenchurch Street to St. Mary Axe were removed to 46, Artillery Lane, unless Reuben took them amongst his papers. I understood that Petricus paid for the letter paper and cards bearing his name found at 46, Artillery Lane. I do not know how the paper of "W. H. Cross" of Fulham Road came there, nor the paper of J. McDonald and Co., of 24, Finsbury Square, of Long and Co., of 10A, Soho Square, of the General Outfitters and Supply Stores, Coleman's paper, Vincent and Rothenstein's paper, and J. H. Vincent's paper. The paper of the Mercur Society I took there. I had nothing to do with Walker and Co's. banking account, but I advanced

the money, and Darnell gave me signed cheques in blank as security and I filled them up. The names of the payees and the amounts on the cheques signed by Darnell "Walker and Co." were filled in by me. There is no truth in Vincent's statement that he adopted the various titles of "J. H. Vincent and Co," "Vincent and Rothenstein," etc., to oblige me, and he never wrote any documents in connection with Long and Co. at my request. I know nothing about the reference he gave to Goldstein from Long and Co., nor of the orders written by him, and that he was obtaining goods from Sutcliffe, Armitage and Rigby, and others. I cannot tell why Clifton was afterwards writing to me about those matters. I did not trouble to read the letters; they did not interest me. I had nothing whatever to do with his affairs. I did not interfere with his banking account nor with the banking account of Long and Co. My only connection with him was that I lent him money which I never got back. I believe I once or twice took some parcels of shirts from him as security to cover me. I do not know where they came from. I do not know whether he paid for them or owed for them. Ultimately we settled on a figure and I sold them. The business at St. Mary Axe was carried on by Reuben. I cannot say why the premises were taken in the name of. I would have seen that the rent was paid if they had been in a tenantable condition. It is not true that the letter written by Ralli to the landlord, in the name of was written at my request. I do not know who I. Rowley, of 9, Teignmouth Road, who gave a reference from Long and Co. to Goldstein was. I cannot say if Coleman's two bills of £100 each produced by me are in Vincent's handwriting.

ALFRED POPE , Belsize Road, Kilburn, builder, and Deacon of the Abbey Road Baptist Church, said he had known prisoner Vincent for 25 years, first as a youth in his class at Sunday school and sunsequently at an active member of the church. He could give him a good character as a respectable and apparently trustworthy man.

(Friday, November 1.)

WILLIAM ROSE MCKAY said he had known Clifton since December last, that he had been in his firm's employment since that time up to the date of his arrest, and that they entertained a very high opinion of him as a steady and industrious man. He was a foreman shirt cutter.

(Monday, November 4.)

HARBORD WALTER FORSYTH , 16, Philpot Lane, auditor and accountant. I have known over fifteen years, and have from time to time given him work during that period. He did work for me in 1905 and down to the spring of 1906. He then entered permanent employment in Lombard Street on my recommendation, and continued there up to the date of his arrest. I know him as a thoroughly

conscientious, good workman, perfectly acquainted with his business, thoroughly trustworthy, and I should be prepared to give him work to-morrow morning.

WILLIAM EDMUNDS EBERNE , J.P., chairman of the Southall Norwood Urban District Council. I have known the prisoner eight years as a man of the highest integrity, socially a pattern to his neighbours, and of blameless private life. He has assisted the local authorities on the question of rates.

BENJAMIN GEORGE HANSON . I am a property owner in the neighbourhood of Southall and member of the Vestry for 30 years. I have known about six or seven years. I endorse the evidence of the last witness.

MR. MONTAGUE, 14, South Street, Finsbury, mortgage and bill broker for 50 years in the City of London. I have known Ralli for 18 years as bringing business to me, and have found his conduct most satisfactory in every transaction.

WILLIAM GIBBS KENT , solicitor, member of Holborn Borough Council. I have known Goodman for 20 years as a good husband and father, and an honest man in those relations.

(Tuesday, November 5.)

All the prisoners were found guilty of conspiracy and of obtaining by false pretences. Clifton and Martin recommended to mercy. The Jury wished to congratulate the police on the able manner in which the case had been conducted.

Sentences, Goodman and Ralli, three years' penal servitude and recommended for deportation Moore and Doig, 12 months' hard labour. (On the appeal of Mr. Walter Frampton, and after consulting the alderman, the Judge commuted this sentence) to 12 months' imprisonment in the second division.) Vincent, six months' hard labour; Clifton released on his recognisances in £20 to come up for judgment if called upon within two years; Martin, released on his recognisances in £10 to come up for judgment if called upon.

BEFORE MR. JUSTICE A. T. LAWRENCE.

(Wednesday, October 23.)

Reference Number: t19071021-28

TOCKERT, Joseph (clerk) ; unlawfully conspiring with Agnes Jane Taylor and another person unknown to feloniously use upon the said Agnes Jane Taylor certain instruments with intent to procure her a miscarriage.

Sir Charles Mathews and Mr. Bodkin prosecuted. Mr. David White defended.

JULIAN ATHELSTAN TAYLOR , 3, Chaffinge Road, Beckenham, travelling photographer. The deceased, Agnes Jane Taylor, was my wife

and at her death was about 30. We had been married 13 years and had had three children, of whom one survived, a girl named Irene. My wife's last child was born eight years ago. My wife had on the average very good physical health, with occasional attacks of hysteria, at very long intervals, but two or three would come together. She used to assist me by canvassing for orders. Up to November last year we lived at Strood, Kent, and then moved to Beckenham. My wife earned a few shillings a week by working for somebody else, but since January last she has earned nothing, so far as I know. In June or July last year I made prisoners acquaintance, and he visited my house with some mutual friends. In October last my wife complained of pain. That was after she had left my house. When she left I made inquiries, and as a result I found my wife in Benn Road, Clapham. From what she told me I wrote to prisoner. I took my wife to a doctor in the New Kent Road and he said she was suffering from venereal disease. We met prisoner the following day at Hyde Park Corner. I told him my wife had told me of her intimacy with him and what the doctor had said as to her condition. I said he must be the man who had caused it. Prisoner offered to see a medical man to prove he was not diseased. He acknowledged there had been frequent intimacies between him self and my wife and expressed his regret. My wife was left in the park and we went to a chemist's shop and made an inquiry there as to a doctor, because I did not know one in that neighbourhood, and as a result of which we went on to 259, Vauxhall Bridge Road, to Dr. Buchanan. That was the first time I had seen the name. I asked the doctor to examine prisoner and to state whether he was suffering from venereal disease. He was examined in my presence by Dr. Buchanan, who said there was no trace of disease. Prisoner paid him half a guinea. I mentioned my wife because I had to explain why I asked him to make such an examination. Prisoner asked him if he would make an examination of a lady. I neither assented nor had anything to do with it. I told prisoner that if he was free from disease I was perfectly satisfied that my wife was, and I wanted to have nothing further to do with it. Going back to my wife. I told her I believed she had made a mistake and it would be better for her to come back with me and start afresh, but that she must make her choice between us. In prisoner's presence she said she would choose me. We left prisoner in the park. My wife went back with me to Strood and we removed from there to Beckenham on November 11. About Easter my wife made a communication to me, in consequence of which I wrote to prisoner and told him that my wife had told me that they had come to an arrangement that she should leave my house and live with him. She had been away from the Saturday till the Monday to Lowestoft with prisoner. Prisoner told me that he had reasons for wishing otherwise than that they should form a home together, as he had stated he was going to do. He did not wish to have my wife as his companion. My wife heard that and went out of the room, and when she returned she said that

we were talking about a dead woman—that the had poisoned herself. Dr. Corbyn was sent for and came, and continued to attend her till the got over her illness. I taw prisoner in the City and took him a parcel of trinkets which he had given my wife and demanded Is return all the letters she had sent him. He refused, and said he would burn them, but said that he would not see my wife nor write to her again. I said if he did not keep his promise I would put a billet through him. Dr. Corbyn's account was paid by the prisoner. When my wife recovered I resumed relations with her, and from that time up to her last illness I had no reason to believe that any meetings took place between her and prisoner or that letters passed between them. In June or July I noticed my wife was suffering from sickness and was taking some medicine with a white sediment. I did not know she had been to see Dr. Corbyn. I understood she had seen attending a hospital twice a week She complained of ptomaine poisoning from eating contaminated fish. At the beginning of August she stayed in bed for a few days and afterwards she stopped in bed longer, and on August 20 I sent for Dr. Corbyn, in whose hands she was up to the time of her removal to the infirmary. I was never away from home at night. I had no knowledge of prisoner visiting my wife. Alice Stace is the only servant we have. She was with us both at Strood and Beckenham.

Cross-examined. Assuming that our conception of the word "Socialist" is the same, my wife and I and all our intimate friends are Socialists. The prisoner also had certain Socialistic ideas. My wife made a communication to me in October last year that she had been on intimate terms with prisoner, but she did not tell me the occasion of the first intimacy. She had a strong will I did not wish to divorce her Because I thought she was better in my hands than in those of prisoner. I had knowledge that until that intimacy she had seen a good woman and I wanted her to remain so, I do not know that for some time previous to when it is stated prisoner gave her 415 he had been continually giving her money. She never had need to get money from anyone else, one used to go on Wednesdays and Saturdays to King's College Hospital, and I always gave her her fare and money for incidental expenses. I was quite willing that my wife should live with prisoner if she made the choice definitely and for good. I do not know that prisoner! would not live with her unless he could marry her. She never said-anything to me about an operation until she made the final statement.

Detective-sergeant HENRY HOLFORE , P Division. At 4.30 on September 2, with Sergeant Haigh, I saw prisoner in the City. We told him we were police officers making inquiries with reference to Mrs. Taylor, of Beckenham. I said, "She is now in Bromley Infirmary, very ill, and likely to die from the result of an abortion. Statements have been made, and I shall arrest you for being concerned" Prisoner said, "I know nothing about it. I know she has been ill. Once she took poison. I gave her money she wanted. She was very unhappy. It is true I met her at places, but I cannot tell you all as I

am bound by my honour. I should like to see the statements, and your authority. Some of the statements were then in a pocket-book which Sergeant Haigh had. They were the statements of Dr. Corbys, Julian Taylor, and Alice Stace. The pocket-book was handed to prisoner for him to read them. After he had read them he gave the book back and said, "I have nothing to say to that. I am bound by my word of honour to Mrs. Taylor not to disclose my relations with her, and I will not tell you anything unless you bring me her written consent. I will be fair to you, but I will not tell you what I know unless she permits me. I do not mind for myself. I only think of her. I cannot tell you anything unless she relieves me of my word. "Sergeant Haigh went for a cab. While he was away the prisoner said to me, "I saw Mrs. Taylor when the operations were done and gave her the money she wanted. The doctor lives near Victoria, but I cannot tell you where. "We then took him to the station, and at the station before he was charged he said, "I do not see what you can do with me about it." The charge was then read and he made no reply. While detained at the police station he said he wanted to make a statement. He was provided with materials and he wrote the statement which is Exhibit A: "Ever since April 3 Mrs. Taylor threatened towards me to kill herself as life had no charms for her any more I always persuaded her to abstain from doing such a frightful thing again for the sake of her family and for my sake, and I pledged my word to be faithful and to care for her. From May she suffered indeservable tortures. I knew about her being afraid of the consequences, and did what I could to make her cheerful and make her support her destiny, and said both Mr. Taylor and I would take care of her. I always opposed her idea of having what she said could save her life I never refused her any assistance in money, but not for a purpose like that. I knew of an operation she had had later on, and I was concerned about it in every way. I met her at Victoria station several times when she told me she had been to a doctor, and so I believe the doctor lives near that station. I have had news of her state often by the maid of "Mrs. Taylor.—(Signed) J. Tockert, september 2, 1907." Upon the prisoner was found this yellow diary or pocket-book, and also some letters from Alice stace to him they put in at the police court. They referred to the illness of Mrs. Taylor and her removal to the hospital, and so forth. Prisoner was brought before the justices on September 3 and remanded. After he was remanded he said to Sergeant Haigh, "I wish to make a sap plementary statement." It is marked K. An inquest was of opened on September 9 and adjourned to the 16th. By that time, through the coroner, a statement by prisoner came into the hands of the police. I have looked through the diary. I find an entry of April 3 some shorthand, and then "Beckenham." There is a little circle with a dot in that entry. On June 5 there is some shorthand, a circle with a dot in it, and then "Victoria"; it looks like "3.30." and there underneath "Vauxhall Bridge Road" abbreviated. Then on July 12 there is the same circle-and dot, and "Vauxhall Bridge Road "written

at length. I saw the prisoner yesterday and took down a statement from him in writing. It was taken at his own request, and read over afterwards and each sheet was signed by him. It is this: "Central Criminal Court, October 22, 1907. Statement of Joseph Tockert. On July 31, 1907, I saw Mrs. Taylor after business hours, and she told me she had been that day to see Dr. Buchanan, of Vauxhall Bridge Road. He had proposed to her to help her by an operation, for which he wanted first £30, but as she mid she could only find £21 he said he could do it for that money. I was violently opposed to her idea of having an operation, except is a hospital, and I reminded her that in October, 1906, when she was under his treatment the same doctor had told her her womb had to be scraped, whereas she was afterwards cured in a hospital without an operation. She left me undecided. On August 10, 1907, when I came back from my holiday in the country I found a message from Mrs. Taylor, to see her at Victoria. I met her at about five to six p.m. and she told me I had to forgive her, the pain had been too great and the doctor had pressed her to have the operation at once because he was going on his holiday. He had also stated the operation was necessary immediately because the womb was twisted and the child bridged, and it would be too late if the waited longer. I was very upset about it and said she would only have to blame herself. On August 17 I mat Mrs. Taylor by appointment in the City. She was very ill already and lagged me to see her to her train at Victoria. This was about 1.30. We went to Victoria by bus and got down at the Clock Tower. She asked me to wait a moment for her as she has to go to her doctor. I watched her go into Dr. Buchanan's house and she came back about a quarter of an hour later with some medicine. I asked her about the medicine, and she said it was for the after effects of the operation, to relieve her. That was at about three p.m." In the little diary I find under date of Wednesday, July 31, a figure "6" and then "Victoria" with a dot in a circle; then some shorthand, and then "Dr. Buchanan "; then some shorthand, and then "£21." Under the date of August 17 I find a circle and dot, and then something which may he shorthand, and then the word "Victoria." The entries in the hook end at August 23. a identify the following letters which were found on prisoner: Letter G, August 30, from Alice stace to prisoner; Letter H, August 31, from Alice Stace to prisoner; Letter J, September 1, from Alice stace to prisoner. I also find amongst the Exhibits, E and E1, E being a letter of September 2 from prisoner to Alice Stace, and E1 an enclosure for Mrs. Taylor. I was at the hearing before the justices on the last day and remember a letter which had been previously given to the justices' clerk being handed by him to the gentlemen representing the Treasury. It came from prisoner and is in his handwriting. I identify the letter.

Police-sergeant ERNEST HAIGH . After the prisoner was before the justices on September 3, and remanded, he said he wished to make a supplementary statement, which he did. It was taken down by me and a true copy of it was made an Exhibit before the justices, marked

Exhibit K. A letter (Exhibit C) was handed to me by the coroner from the prisoner, dated from Brixton, September 12, which was also exhibited before the justices. (The statements and letters were them read.)

FRANCIS LORANG , 11, Venner Road, Sydenham, financial agent I Was born at Luxemburg and have known prisoner for a very long time. He invested £500 through me in a certain company on my recommendation. The investment did not turn out well, and I promised him as a friend to pay him back what he had lost. Nothing was said about instalments. I simply paid him back as and when I liked. I paid him in sums of different amounts. Last year I went for a holiday to Switzerland, and lent my house at Sydenham to him during my absence. On my return I found that he and Mrs. Taylor were living in the house together. I objected, and they left within a short time. On August 6, 1907, prisoner wrote to me for £15, which I gave to him afterwards—on August 6, I think. I fix that by a cheque shown to me for £30, dated August 6, which was cashed over the counter and half the proceeds given to him. That was part of the money I was repaying him. He asked for the money to go to the Continent, to Luxemburg. As far as I know he did not go abroved The next time I saw him was two or three days after he was arrested. That morning Detective Haigh saw me at about 11 o'clock and told me about this £15, and wanted to know how I paid prisoner. I did not know then that Tockert was arrested, except from the detective, and I said, "Well, I want to see Mr. Tockert first," and on that I west to see him. He did not make any statement to me with regard to Mrs. Taylor. I said, "Tell me what is all this about t" Prisoner said, "I really do not understand anything of this; there must be some mistake somewhere." I said, "That sounds all right." He said "I am quite innocent in the matter." Then I said, "That is all right; I hope to see you off next Monday." I saw Detective Haigh the next morning, I think, and I told him that Mr. Tockert had told me he was innocent. Detective Haigh said, "You tell your friend to be careful, because there is an entry in his diary mentioning Dr Buchanan and £21. After that I saw prisoner again and repeated to him what Haigh had old me. Prisoner said with regard to the entry in the book, "I will explain to you. Some time before I put that entry in the diary Mrs. Taylor complained about terrible pains in the womb and so on. She said that she must see some doctor and that she had already consulted some doctor, and that that doctor was prepared to perform an operation for "121." She wanted Mr. Tockert to give her the £21 to do some operation. Mr. Tockert would not know anything of it. Mr. Tockert told me, "I would not know anything of that; I cannot agree to that." Mr. Tockert said he could not agree to that, and that if she would do something she would have to blame herself. Mr. Tockert said that was how the entry in the pocket book was accounted for. Then I said to Mr. Tockert, "Well, that sounds all right, but if I were you I should give the name of the doctor." Then Mr. Tockert explained to me that when Mrs. Taylor

wanted that money she mentioned the name of the doctor. I said, "Cannot you give the name? I shell see the detective, and I will give the name to the police, because surely the doctor is to blame and not yourself." Then Mr. Tockert said that he promised Mrs. Taylor, when she gave him the name, not to disclose it. I urged him, and ultimately he gave the name to me and I gave it to Detcetive Haigh afterwards. I had not seen that the name "Dr. Buchanan he was in the diary, but Detective Haigh told me. I had asked Mr. Tockert, "Do you know the address of the doctor?" He said, "Yes, Mrs. Taylor gave it to me when she told me she had these pains. "Mr. Tockert gave me the address, in Vauxhall Bridge Road, and I gave the full address to Detective Haigh. I saw prisoner two or three times alter that. He never added anything with regard to what Dr. Buchanan had done and what had been the money paid to him for doing it I attended at the Treasury for the purpose of making a statement as to what prisoner had told me in prison.

Mr. White objected to Sir C. Mathews putting to witness a passage from the statement made at the Treasury, which had been taken down in shorthand, which witness had afterwards struck out when the transcript was sent to him for conrective.

Mr. Justice Lawrence said he saw no evidence of hostility on the part of the witness.

Witness explained that he had just returned from three weeks in Switzerland, and was raftering from nervous exhaustion at the time of making the statement and had less flurried. He had been treated hostilely at the Treasury.

Mr. Justice Lawrence thought that after what witness bad said of his condition, whether accurate or not, the statement would not be very reliable.

Witness: The parts I struck out were those which were an incorrect representaties of what prisoner said, I mixed it up with the newspapers. I thought the matter thoroughly over afterwards and corrected it to the best of my recollection.

Sir Mathews handed the document to his Lordship in order that the point might as before him.

Mr. Justice Lawrence (after reading it); I think under the circumstances it is highly probable that the corrected proof is the more accurate one. I think possibly the statement he originally made was one that he thought was favourable to the Prisoner, and afterwards found he was injuring his friend instead of assisting him The second statement is consistent with the other documents in the cass, whereas the first one is very inconsistent with them. One does not see why prisoner should have made statements of that sort to him when clearly alive himself to the other view of the facts.

Sir C. Mathews: It will be with your Lordship's sanction that I should make no father reference to it?

Mr. Justice Lawrence: I think it would be unsatisfactory to do so.

Cross-examined. I have known prisoner for many years, and always known him to be of the highest repute in Luxemburg. When I gave him the £15 I knew he war about to take his holiday, whether abroad or in this country, and that he had no money to enable him to go. Detective Haigh told me my name was mentioned in the diary in connection with the £15. Prisoner absolutely denied he was guilty of any conspiracy or had anything to do with any operation at all. I know he would have been opposed to anything of that sort. He told me that Mrs. Taylor had said, "I will have an operation done" and he told her he was quite prepared if the child would come he would

take her to Luxemburg and live with her and marry her. He said he would have nothing to do with an operation, and would not allow it. That is what he told me.

Sir C. Mathews said that Alice stace and other witnesses could be called, but the evidence at to prisoners agreement with the woman could not be Strengthened.

Mr. White submitted that the prosecution had produced no evidence of any cospiracy or connivance between prisoner and the woman.

Mr. Justice A. T. Lawrence: I do not think there is a case that it would be safe for me to leave to the jury. The facts seem to me to fall short of showing that there was consent and concurrence on the part of the prisoner to the operation. Of course, it is always difficult to say exactly what the full meaning of expressions made of by a foreigner is. The one expression he used which is consistent, perhaps, with his being mixed up with it is that he "saw her when it was done," but that may mean when it had been done, and if that one expression is eliminated all the other are declarations upon his part that he did not consent and never consented, and that he only knew of the operation after it had been performed. With regard to the entry of £21, whether he ever paid that himself or not, it does not appear test he provided her with it for the purpose of the operation. He denies it, and I do not think it would be safe for us to infer that he had done so without more evidence than we have had. This is a case in which there has been gross immorality, but one must not confuse immorality with crime, and I do not think it would be safe for me to let this case go to jury upon the evidence before them. (To the jury.) Gentlemen, you must take it from me that your verdict in this case should be Not Guilty, because that is the only safe verdict to give.

Verdict, Not guilty.

It was stated that prisoner stood committed to Maidstone Assizes on a charge of murder, the death having taken place at Bromley, and an application was made to His Lordship to intimate his view to the coroner, who was present, as to the advisability of allowing bail.

Mr. Justice A. T. LAWRENCE: I think that the circumstances of this case are very special, and that the coroner might well have regard to those circumstances, and therefore do that which is unusual in the case of a charge of murder, but not without precedent, and admin prisoner to bail.

Reference Number: t19071021-29

TERRILL, William John, solicitor; forging and uttering certain receipts for the payment of money, to wit, four receipts each for the payment of £8 6s. 8d. and one receipt for the payment of £5, in each case with intent to defraud.

Mr. R.D Muir and Mr. Arthur Gill prosecuted. Prisoner pleaded guilty.

It was stated that the total amount fraudulently received by prisoner was £879 8s.

Sentence, Three years' penal servitude.

Reference Number: t19071021-30

BENNETT, John painter; buggery with George Cook.

Mr. Rowsell prosecuted.

Guilty of attempt.

Police gave prisoner an excellent character.

Six months' hard labour.

Reference Number: t19071021-31

SANDERS, Alfred David (greengrocer) ; manslaughter of Astley cooper.

Mr. Slade Butler prosecuted. Mr. Purcell defended.

WILLIAM BARNETT BENGERFIELD , medical officer, Edmonton Union. I practise at Lower Edmonton. On August 15, about 10 a.m., I saw Astley Cooper at the Edmonton Infirmary. He was suffering from a fracture of the small bone of the left leg just above the ankle joint. All round the joint was bruised and swollen, and subsequent bruises developed up the left leg and the left side. He had a small contused wound over the left eye. Subsequently large bruises on the right arm and forearm developed. He was in a sick condition and suffering from shock. He was irritable and very obstreperous when we set the leg. I think his age was about 73 or 74. He gradually got worse and died on September 8 at 4.45 a.m. On September 9 I made a post-mortem examination and found the head and brain normal and external bruising up the side, where he had apparently fallen. The right lung was firmly adhering to the chest wall, and there was old chronic phthisis on the upper half of the right lung; The upper lobe of the lung was in an advanced stage of fibroid phthisis. The lower lobes of both rungs were edematous; they were in a very congested state, and serum or water from the blood oozed forth owing to the weak condition of the heart. It was edema of the lung, or a watery condition. There were two or three small patches of fibroid pthisis in the left lung; in the right pleural cavity there was some pas and mucus. That was in the right lung corresponding to the part which was adherent to the cheat. That was due to the diseased condition of the lung tissue. The heart was rather small, valves healthy, the walls thin, especially those of the right ventricle, in which there was an old ante-mortem clot. The heart was more or lass small and somewhat atrophied. The walls on the right side of—the heart, which drove the blood to the lungs were very thin, and, owing to the failure in the circulation, towards the last a blood clot formed before death. The liver was in an advanced stage of cirrhosis. The spleen was normal and the kidneys small and slightly atrophied. They were the changes one would expect to find in an advanced stage of cirrhosis of the liver. The stomach was normal and also the intestines. The large gut contained a quantity of hard focal matter. Death was due to heart failure, due chiefly to the diseased condition of the lungs and the liver, but I regard the accident as probably accelerating his death.

Cross-examined. I use the word "probably" advisedly. He was an old man, and I have described the condition of his internal organs. Taking all things into consideration, I am of opinion the death was probably accelerated by the shock and accident. I am not going to say that it was certainly accelerated by the accident, because if anything untoward had happened, seeing the condition of his organs, he might have died without it. The probabilities are that he would have gone on as he had been going on for some time longer, but it is quite possible, had anything untoward happened, that his condition was such that he might have died without the accident.

By the Court. Supposing he had had a shock from anything else, or caught a chill, or influenza, or anything of that sort, then his

condition was such that be might have died. That is assuming some other substitute for the shock which he got. It is difficult for me to say whether his death would have occurred at the time it did if all shocks are eliminated. In my judgment the death was hastened and accelerated by the shock, but his general physical condition was a very serious one, and his organs were very diseased. I can go so far as to say that the blow which he received, and the fracture of that small bone of the leg from which he suffered would not in any ordi nary sense kill a man. It was a more serious thing for him than for a more healthy man. He showed very little recuperative power from the time he came in. His condition gradually grew worse the whole time he was there.

ALFRED HENRY SANDERS , son of prisoner, 5, The Avenue, Bush Hill Park, Enfield. I am in errand boy, and was with my father on August 14 between 10 and 11 p.m. He was driving a pony barrow in Percival Road. A man named Joseph Kitchener was with us. My father was drunk. As he drove down the road I noticed a black shadow in the road between five and 10 yards off. I said to my father, "Look! What is that?" He said, "It is a man," and polled on one aide. The man stopped and turned his bead round, my father pulled on one side and the man walked into the lamp and was knocked down. Father pulled up and Kitchener jumped off and said, "It is all right; keep going." My father kept going. At the time of the accident father was driving between eight and nine miles and hour. The pony was trotting.' I asked him if I should go and get another pail of mixture because the cornchandler was shot and he said, "No." We went to the cornchandler's to get some food for the horse, and he was about. I asked my father if be would put another pony in to go to my uncle's and get some food. My father said he would drive that one to my uncle's. He drove straight there. We went to get a sack from one of the sheds and father fell down and uncle suggested that father should stay there all night.

Cross-examined. There are five or six lamps in Percival Road and between the lamps there are some trees, which at some places shade the lamps from the road, so that that part of the road is dark. One of the lamps near where the accident happened had a broken mantle that night My father tried to avoid the man, but each thing he did the man got more in his way. My father had been driving from Baker Street, Enfield, which took about 20 minutes. After the accident he drove to my uncle's, which is some two miles away. I gave my evidence before the coroner's jury. They heard all the evidence. A good deal was said about the lighting up of the road. The jury thought it was an accident.

(Thursday, October 24.)

JOSEPH KITCHENER . 33, Brushfield Street, Spitalfields, market porter. On the night of August 14 I was in the pony barrow which prisoner was driving. He was drunk. When we were about three—parts of the way down Percival Road I saw a man crossing the road

within five or ten yards. The boy cried, "Look out, father; there is a man!" We all halloaed out, "Hi! hi!" but it was too late; we were on top of him and we knocked him down. The barrow may have been going 10 or 12 or eight or nine miles an hour. I got out and the old man was lying in the road in the centre. He seemed all right, and I said to Sanders, "Go on home." He drove on, and I went back to the old man, who seemed to be boozed. I saw Police-constable Jarvis, and a woman came up and said, "I will go and fetch my husband and another fellow." Then I went back to the prisoner's house.

Cross-examined. I was with prisoner all the way from Baker Street, which it about a mile and a half away. There was a lamp on the off-side of the cart alight. The road where the accident took place if very dark, from the obstruction of the trees. There are very few lamps. When the boy told his father there was somebody is the road he pulled to the near side, and the old man walked to the near side; the prisoner then pulled still more to the near side. The old man was struck by something on the off-side of the cart, Neither the father nor the son realised that the man was hurt.

Detective M ALFRED GROSSE . stationed at Enfield Town. I prepared plans of Percival Road and have marked the position of the lamps. The scale is 1in. to 60 ft. The accident occurred Just opposite Bertram Road. The road is 26 ft. 2 in. wide there. The lamps are 100 yards apart. On the same side they are 200 yards apart. The tress are lime trees, about 12 ft. high and they have been lopped.

Cross-examined. I know the coroner's jury added a rider to their verdict calling the attention of the local authority to the lighting of the road.

Police-constable WILLIAM JARVIS , stationed at Enfield Town. On August 14, about 20 to 11, I was off duty at 86, Percival Road, where I lodge. I went into the road on hearing a shout, and found Astley Cooper lying in the roadway apparently unconscious. He lived at 82, Percival Road. There was a slight out on his eye. I took him to 88, Percival Road, and then to the hospital on the ambulance, and after wards to the Edmonton Infirmary. When I got into the road I saw the barrow some distance off just turning into Lincoln Road, driving its furious rate. (Witness marked the spot where the accident took place on the plan.) I saw the old man lying close to the tree. I did not notice anything the matter with the mantles of the incandescent lamps.

Cross-examined. It was a dark night. The foreman of the coroner's jury knew the road perfectly well. There is a pavement for foot-passengers on the road.

OLIVER JAMES KENSIT , 82, Percival Road. The deceased, Cooper, used to lodge with me. Police-constable Jarvis knocked at my door on August 14. I went out and saw Cooper lying in the roadway, and I assisted to carry him to 88, Percival Road, where he was first taken. There was a good light at the time on the road where I first saw him.

Cross-examined. I do no agree that the tree shades the lamp.

Police-sergeant HARY PREWER , stationed at Enfield. About tea to eleven on August 14 I went to 88, Percival Road, and saw Cooper. On August 15 I was on duty at the station when prisoner was brought in. I cautioned him, and he made this statement: "While driving through Percival Road, at 10 40 p.m., on August 14, 1907, I saw a man in the road I shouted to him, but before I could pull my pony up I had knocked him down, but thinking I had not hurt him I drove on. I was drunk at the time, and my pony is a verv fast trotter. He can do 16 miles an hour." That is signed by "Alfred Sanders" and myself. Prisoner was then charged with causing bodily harm to Cooper, he being then alive. In reply to that charge he said, "I was drunk; that is how the pony got away with me. I admit I was travelling too fast. I know I knocked someone down and ought to have stopped. That is what you get through getting boozed." I did not notice anything wrong with the lamps in the part of the road where the accident happened; I was there 10 minutes after the occurrence The trees are 18 to 20 yards apart.

Cross-examined. The trees affect the lighting in some degree, but very little.

Police-constable JOHN ATTFIELD , Enfield Town. At eight a.m., on August 15, I was in Lincoln Road and saw prisoner, and said to him. "I am going to arrest you for causing grievous bodily harm to Astley Cooper with a pony and barrow at Percival Road last night." He said, "I was drunk. I was driving. I am sorry for it." I took him to the station, and heard him make that statement to Prewer. When charged he said, "This is what you get from being boozed."

Detective ALBERT SUMMERS , Enfield Town. I saw prisoner on September 9, Cooper having died in the infirmary on the 8th. I say prisoner in Southoury Road and said I was going to take him to Enfield Police Station where he would be charged with causing the death of Astley Cooper by driving over him with his horse and barrow on August 14 at Percival Road. Prisoner said, "This will mean time, I suppose. It is a very bad job for me. It would not have hap pened if I had not been drunk, and I should have stopped if Kitchener had not said, "It is all right, Alf." When charged at the stations he made no reply. The trees in Percival Road are small lime trees, clipped.

Cross-examined. I do not agree with the coroner's jury that it requires better lighting.

Verdict, Not Guilty.

BEFORE THE RECORDER.

(Wednesday, October 23.)

Reference Number: t19071021-32

TEMPLE. Francis Crichton, pleaded guilty to maliciously publishing a certain false and defamatory libel of and concerning Edith Baker.

On Mr. Purcell, who appeared for prisoner, giving an undertaking that the offence would not be repeated in any form whatever, the Recorder directed prisoner to be bound over in the sum of £50 to appear if called upon.

Reference Number: t19071021-33

MURPHY, James (19, labourer), and JONES, George (20, labourer) ; both breaking and entering the shop of John Osborn, 100, Fleet Street, and stealing therein six pocket-knives, two razors, and the sum of £8 13s. 6 1/2 d., his goods and moneys, and feloniously receiving same. Both prisoners are habitual criminals.

Sentences: Murphy, 20 months; Jones, 18 months' hard labour.

Reference Number: t19071021-34

ARNOLD, William (2l, porter), DENNY, Albert (20, porter), and GREGORY, William (23, painter) ; all burglary in the dwelling-house of John Humphreys, and stealing therein a mackintosh, a coat, and other articles, and the sum of 3s. 2d., hit goads and moneys; all being found by night unlawfully having in their possession, without lawful excuse, certain implements of house-breaking, to wit, two files, one keyhole saw, and one screwdriver. Prisoners pleaded guilty.

Sentences: Gregory, 20 months' hard labour; Denny. 12 months' hard labour; Arnold, six months' hard labour.

Reference Number: t19071021-35

BAKER, Charles John (builder's-labourer) ; feloniously marrying Gertrude Catherine Stratford, his wife being then alive. [Pleaded guilty. See original trial image.]

Sentence, Three days' imprisonment, entitling him to immediate discharge.

Reference Number: t19071021-36

HALL, Godfrey Robin (20, clerk) ; attempting to kill and murder himself. Prisoner was found in a Midland Ranway train suffering from opium poisoning. This is his third attempt at suicide. [Pleaded guilty. See original trial image.]Sentence, Twelve months' hard labour.

Reference Number: t19071021-37

SMITH, Henry (44, clerk), pleaded guilty to forging and uttering certain orders for the payment of money, to wit, orders for the payment of £5 1s. 1d., £15, £10, and £3 10s., in each case with intent to defraud; embezzling the several sums of £5 1s. 1d., £15, £10, £4 10s., and £6 18s. 6d., received by him for and on account of William Richard Power, his employer.

Sentence, Penal servitude for five years. Prisoner had already undergone sentences of seven, five, and three years.

Reference Number: t19071021-38

NEWTON, Montagu (34, of no occupation), and FISHER, Joseph D (35, engineer) ; both conspiring with Violet Fraser by false pretences to defraud such liege subjects of His Majesty the King as should thereafter advance money to the said Violet Fraser in the belief that the firm of Lewis and Lewis and Sir George Henry Lewis, Baronet, the senior partner of the said firm, had undertaken to pay the said Violet Fraser on or before January 1, 1908, the turn of £3,000; both conspiring with Violet Fraser to forge and utter divers letters purporting to be signed by the firm of Lewis and Lewis, and by Sir George Henry Lewis, Baronet, the senior partner of the said firm, with intent to defraud; both conspiring with Violet Fraser to forge and utter divers undertakings for the payment of money, purporting to be signed by the firm of Lewis and Lewis, and by Sir George Henry Lewis, Baronet, the senior partner of the said firm, with intent to defraud; both forging and uttering a letter purporting to be written and signed by the said firm of Lewis and Lewis, and bearing date June 3, 1907, with intent to defraud; both forging and uttering a certain undertaking for the payment of money in the form of a letter, purporting to be signed by the said Sir George Henry Lewis, Baronet, the senior partner of the said firm of Lewis and Lewis, with intent to defraud.

Newton pleaded guilty to misdemeanour. Violet Fraser was stated to be not in a condition to be tried.

Mr. R.D. Muir prosecuted; Mr. A.H. Bodkin and Mr. Huntly Jenkins appeared for Newton; Mr. Marshall Hall, K.C., and Mr. Geo. Elliott defended Fisher.

JAMES JOHN CRANE , assistant to Messrs. Straker, Ludgate Hill. On August 7 I took an order from the man I recognised at the police court as Newton for the engraving of some diet and the printing of the heading of some letter paper for Messrs. Lewis and Lewis. He produced a letter dated April 30, 1906, written by Sir George Lewis to Mrs. Violet Fraser, and gave the name of Richards, 13, Edward Street, Bath. He asked me to engrave three dies the same as that heading, to match the paper, and to supply proofs in two days. I handed the matter over to Mr. Goatcher, the manager. Newton left 10s. on account. On August 9 Newton returned for the order, and, after some conversation, I referred him to Mr. Goatcher.

FREDERICK GOATCHER , Messrs. Striker's works manager. On August 9 the man I recognise as Newton came to our place in Ladgate Hill and asked if we had executed his order for note paper. I told him Messrs. Straker declined to execute it, and gave instructions that the half-sovereign he had left on account should be handed back to him. He asked Messrs. Straker's reasons for declining, and I referred him to their solicitor. The letter of Messrs. Lewis and Lewis which had been left as a specimen was returned to them.

To Mr. Marshall Hall. I never saw Fisher from first to last.

Detective-constable ERNEST NICHOLLS , City Police. On Friday, August 9, I was keeping observation on Messrs. Straker's, Ludgate Hill, about half-past four In the afternoon, and saw Newton enter their shop, which he left about five o'clock. I followed him to the Burlington Hotel, Cork Street, which he left at about half-past seven with the prisoner Fisher. Until August 17 I followed Newton daily He was living at the Burlington. Fisher was in his company daily and was also staying at the Burlington. On August 17 they de parted by the Great Northern Station, King's Cross, for Harrogate They wore both at the booking office window, and I could not say who took the tickets, but I believe Newton. I saw no more of them To Mr. Marshall Hall. The Burlington is a respectable hotel so far as I know.

WILLIAM JOSEPH HALLAM , 72, Dean Street, Soho. I am an embosser and print letter paper in the course of my trade. I do not do engraving; I get it done outside. On September 17 prisoners came to my place. Only Newton spoke. He told me he wished me to engrave him a die and emboss it on some paper. He handed me a specimen, purporting to he written by Lewis and Lewis to Mrs. Fraser. He asked me to match the paper. I said I could not do that, and I could not supply more than 50 sheets. He asked me how soon I could let him have the paper, and I said it would take three days. I afterwards said I would do my very best to engrave the three dies and let him have 50 sheets in the evening of the next day, September 18. I said, "Am I speaking to one of the firm?" and he said, "Yes, certainly." Fisher heard what was said but took no part in the conversation. I had an impression that Fisher was under the influence of drink from the frivolous manner in which he condieted himself and his mannerism generally. Next day I received the paper and the dies from the engraver, and by half-past seven I had sons of the paper ready. At that time Fisher called and said, "Has the other fellow been?" I answered him "No." He was quite sober on this occasion. He said, "Have you got the paper ready?" I said, "Yes, but I have only got 35 sheets"—because they were not all dry." So he said, "Very well; make out your bill and I will pay." I said. "Then I will make it out to Lewis and Lewis." He said, "Certainly, I am only one of the clerks." Then I said, "What if the name of the gentleman I took the order from?" He replied, "Oh, that is young Mr. Lewis himself." I gave him the parcel containing the dies and the paper and he went away. He paid me 38s. So far as I can see, the dies and paper produced are the same as I supplied. Some days later I communicated with Messrs. Lewis and Lewis by telephone, and afterwards swore an information at the Marlborough Street Police Court. My assistant, Alfred Horrell, was present at all these interviews.

Cross-examined by Mr. Marshall Hall. I think my shop is 27 ft by 24 ft. Horrell was sitting working at his 'bench. I was very ill at this time, but quite capable of understanding what was said. I believed Newton on the Tuesday when he told me he was a member of the firm or Lewis and Lewis. I say that I made out the receipt to Messrs. Lewis and Lewis in the presence of this man Fisher. I can only write with the left hand, and it tales some little time. When Fisher came on the Wednesday he asked me to make out the bill, and there was nothing to do but to hand the paper over to him. A messenger boy could not have had it unless he had brought a memorandum. Nobody has ever suggested that I was party to the conspiracy because I made out these dies. I was told I ought to have been more careful.

ALFRED HORRELL , for twenty years assistant to last witness, gave corroborative evidence. Fisher, when he came with Newton on the 17th, seemed intoxicated from the way he laughed. He identified the dies produced When Fisher was asked by Mr. Hallam who had

called with him the previous afternoon be said, "That was young Mr. Lewis and I am only a clerk."

Cross-examined. I am quite sure Fisher was the worse for drink when he came on the first occasion. I was sitting at the press against the window.

Detective-inspector GOUGH , New Scotland Yard. On September 25 I received a warrant at Marlborough Street Police Court for the arrest of two men by description. At 10 minutes past five I saw Fisher standing on the steps of the Burlington Hotel. At quarter to six Newton alighted and went in. I sent for assistance and then said to Fisher, "I believe your name is Fisher." He said. "Yes." I asked him to come outside the hotel, told him who I was, and that I held a warrant for his arrest on a charge of conspiracy to chest and defraud and I read the warrant to him. I handed him over to a detective officer and in about five minutes arrested Newton and took him to Vine Street Police Station. There I read the warrant to both of them. Fisher said, "I do not quite understand it." I then explained that the allegation against both of them was that they had been together to an embosser's in Dean Street, Soho, and represented themselves as coming from Messrs. Lewis and Lewis and had obtained three dies and some notepaper similar to that used by the firm. Neither of them made any reply. In the room occupied by Newton at the Burlington I found the three dies and a quantity of notepaper headed with the names and address and telephone number and telegraphic address of Messrs. Lewis and Lewis, of Ely Place. I also found the letters which are now exhibited.

To Mr. Marshall Hail. On the way to the cells, Newton, pointing to the cell where Fisher was, said, "That man has nothing to do with it." Every document produced was found in Newton's room. Nothing was found on Fisher.

Sir GEORGE HENRY LEWIS , Bart. I am head of the firm of Lewis and Lewis, solicitors, Ely Place, where the firm has been established for eighty years. In April, 1906. I was directed to pay Mrs. Violet Fraser a sum of £300 by instalments. Mrs. Fraser is the lady photographed in the postcard produced in a group of three, Newton being also one of the group. I paid her £100 down and I wished to pay bur the rest in monthly instalments of £50, but she broke her engagement and I felt bound, as I had agreed, to pay her the money, and the whole of it was in fact paid by July 26. Upon that date I paid her a further sum of £200, four annual sums of £50 paid in advance. No other money was due to be paid from my firm until 1910. (The attention of Sir George Lewis was particularly called to Exhibit No. 11, which is as follows: "Ely Place, Holborn, E.C. Dear Madam,—Replying to your letter of the 29th and., we are now in a position to inform you that the matter we have had in hand for you has now been definitely and finally agreed upon, the arrangement being that on or before January 1. 1908, our client will pay you the sum of five thousand pounds (£5,000), this being in final and absolute settlement. We shall be obliged by your signing and returning to us at

once the enclosed document. It must be signed in the place marked in pencil and in the presence of a witness. We trust that we may rely on your discretion not to mention our client's name in reference to this transaction or to discuss the business in any way whatsoever. We regret to hear your expenses have been so unusually heavy; nevertheless we cannot entertain your proposition of making you an advance in anticipation of the payment of the £5,000. We would in your own interests most strongly advise you against applying to people who would only charge you some extortionate rate of interest, and would in all probability with to ascertain the source from which the money in question is coming, etc., etc., and in view of all the circumstances we should be compelled to refuse any information whatever. We therefore are not in a position to countenance or assist you in any such transaction.—Yours truly, Lewis and Lewis. Mrs. Fraser, Hotel Kaiserhof, Wiesbaden, Germany.") Exhibit No. 11 is typed upon paper resembling the paper of my firm and purports to be signed by Lewis and Lewis. That letter did not come from my firm. The signature is a forgery, and the contents of the letter are a forgery from beginning to end. The signature resembles the signature of my firm, and I think might deceive anybody. Exhibit No. 12, purporting to be signed by me, "George H. Lewis," is also a forgery. The whole letter is an invention. The signature resembles mine, and would deceive anybody. In August, when I was away on vacation, Mr. Poole, one of my clerks, received a communication from Messrs. Straker, and we received back from them the letter given by Newton as a specimen, under the order of the judge, who granted an interim injunction. I took every possible proceeding I could to prevent the possibility of anybody being defrauded: I wrote to the newspapers, and took the most active measures possible. I communicated with the City Police and Scotland Yard, and subsequently received some information from Hallam as to paper having been obtained from him. I subsequently attended with the witnesses at the Marlborough. Street Police Court and obtained the warrants.

ALFRED BENTON BLYTHE , of Messrs. Dangerfield and Blythe, solicitors, Craven Street. My firm acted for Mrs. Fraser about 12 months. In the month of July of this year Mrs. Fraser called upon me.

Mr. Marshall Hall objected to the admission of evidence as to what took place at the interview in the absence of Newton and Fisher Mrs. Fraser not being in the dock. For the purpose of proving a conspiracy the prosecution could not prove acts by one of the people who was alleged to be a party to the conspiracy unless it was first established that there was a conspiracy between these three people.

The Recorder held that there was evidence in the letters written by Mrs. Fraser that she was engaged in a conspiracy to obtain money. There was sorely plenty of evidence that she was conspiring.

Mr. Marshall Hall did not mind whether she was conspiring or not. The only man on his trial was Fisher, and the only tittle of evidence against Fisher was that he made a statement to Mr. Hallam to enable him to get tome papers.

The Recorder. Do you or do you not concede that there is plenty of evidence Before the jury that Mrs. Fraser was engaged in conspiracy.

Mr. Marshall Hall. Yes, with Newton, but no evidence whatever that she was conspiring with Fisher.

The Recorder. That will be entirely for the jury. If the jury believe this man Fisher took a certain part in carrying out that conspiracy, surely anything said or done by any of the conspirators in pursuance or in furtherance of the conspiracy it, by a well-known principle of law, evidence.

Mr. Marshall Hall. For that purpose only. That is whore I think the mistake is—only for the purpose of implicating an accused person. On my friend's admission Fisher never even knew Mrs. Fraser. If it could be proved that Fisher and Mrs. Fraser were together for the purposes of this information then, my lord, I agree that would be some evidence.

The Recorder. I am surprised to hear you raise that argument, Mr. Marshall Hall, because I think a little consideration will satisfy you that you may have several conspirators unknown to one another in different countries, who have never even heard of one another.

Mr. Marshall Hall. What is in issue here, as far as I am concerned, is not that Newton and Fraser did not conspire: that is admitted; he has pleaded guilty; but whether Fisher conspired.

The Recorder. That is for the jury.

Mr. Marshall Hall. It can only be for the jury upon evidence and there is absolately no evidence here to connect Fisher with Mrs. Fraser; in fact there is an express admission by my learned friend in opening the case that to the best of his knowledge Fisher never saw Mrs. Fraser in his life.

The Recorder. As you put it to me I do not agree with you at all. There is evidence of conspiracy between the man who has pleaded guilty and Mrs. Fraser, in the carrying out or which certain forged dies and papers were necessary, in the procuring of which Fisher took part, and whether the part he took was a criminal part is certainly a question for the jury. The mere fact that he did not know Mrs. Fraser would not exclude the evidence.

Mr. Marshall Hall. There is some evidence that Newton and Fisher are together, but it is no evidence that Fisher conspires that Mrs. Fraser behind Filbert back made some statement of which Fisher had no cognisance. I press that point after great consideration.

Mr. Muir. I press your lordship also after great consideration.

The Recorder. Mr. Muir, you will have the benefit of the evidence. It is stated sometimes that there is a difficulty in getting cases reserved here, but that statement is inaccurate. If, Mr. Marshall Hall, you seriously press the point hereafter I shall reserve it.

The Witness. After what your lordship has said may I ask your lordship whether I should answer a question which may be prejudicial to this lady concerning what took place when I was acting as her solicitor.

Mr. Muir. Your lordship is acquainted, of course, with the case of R.v. Cox and Railton (14 Q.B.D. 153), which lays down the principle that where a solicitor is consulted in connection with part of a crime no privilege is attached to such consultation. What was done here was the production of a letter and if your lordship will allow me to put the question you will see at once what took place.

The Recorder. I think that is so.

Witness. I have not the slightest desire to refuse to answer anything.

The Recorder. You desire to press this as part of your case.

Mr. Muir. It is an essential part of the conspiracy to raise money.

Witness. The letter of June 3, or one exactly like it, was produced to me at that interview by Mrs. Fraser, and purported to be signed by Lewis and Lewis. She asked me whether it would be possible to raise a loan in anticipation of the payment of £5,000 mentioned in that letter. I said I thought not, because the letter showed that it was to be a voluntary payment, and stated no security but was revocable at will. I got into communication with a Mr. Lawrence, and subsequently spoke to Mrs. Fraser about a possible loan. I left London on August 12, and this took place before I went away. Mrs. Fraser told me she had seen this gentleman, whom I knew as Mr.

Lawrence, and Mr. Lawrence had told her he Would mike her a loan provided that Messrs. Lewis and Lewis would undertake to pay me £1,000, and that I would undertake to pay the £1,000 over to this gentleman. I heard nothing more of the transaction. I said to Mrs. fitter with reference to the terms of the letter of Messrs. Lewis and Lewis of June 1, that I thought it obvious Messrs. Lewis and Lewis would not give any such letter at all.

Mr. Marshall Hall. For the purpose of borrowing money, can you imagine anything more useless and inane than that letter?

Witness. That is exactly what I said.

EDMUND COSWELL , accountant, 119, Victoria Street, Westminster, and 20, Bedford Street, Strand. The letter of June 3, purporting to come from Messrs. Lewis and Lewis, was shown to me on June 26 by Mrs. Fraser, whose photograph I have seen. There it no doubt about it being a likeness of the lady. She asked me whether on that letter I could arrange an advance of £300, There was no suggestion as to repayment.

Mr. Marshall Hall submitted that what took place on June 26 could not be evidence against Fisher in respect of conspiracy of September 17 and 18.

The Recorder: As I explained to you, people come into a conspiracy at different periods. A conspiracy may last for years, and one man may not come into it until the last year. As long as a conspiracy is continuing a man may come into it. Of course when a conspiracy is at an end anything said with regard to it is mere historical statement.

Witness: I supposed the letter was from Messrs. Lewis and Lewis. She came again the following day, and I agreed to get the money for her, subject to inquiries. She came earlier than I anticipated and I had not completed my inquiries. She seemed much annoyed and wanted the money there and then. She never got the money. I saw this ease reported in the papers, and communicated with Messrs. Lewis and Lewis.

BEATRICE MAY NICHOLLS , nurse at the Hindhead Nursing Home, identified the photograph of Mrs. Violet Fraser. Mrs. Fraser remained seven weeks and was very ill and only able to write with her left hand. Exhibit No. 8 was written by Mrs. Fraser.

IRENE MILDRED EARLEY-WILMOT , secretary of the Hindhead Nursing Home, identified certain envelopes written for Mrs. Fraser at her dictation.

PURCY HILL , private secretary to the manager of the Hotel Metropole, Brighton, spoke to prisoners staying at the hotel from November 15 to December 20, when Fisher left, followed next day by Newton.

WILLIAM THOMAS CAMPION , night porter at the hotel, gave similar evidence.

Mr. Marshall Hall submitted that there was no evidence to go to the jury on this indictment that Fisher knew the paper was being got for an improper purpose.

The Recorder: There certainly is evidence upon which the jury can arrive at that conclusion. Whether they will arrive at it I do not know. There is no other object in forging the paper of a well-known firm.

(Thursday, October 24.)

The jury having retired, returned the following verdict: We find that Fisher conspired with Newton to obtain this paper for an unlawful purpose, but for what purpose is not proved by the evidence.

The Recorder. Was it for a fraudulent purpose? The Foreman. For an unlawful purpose.

The Recorder. That is a verdict of guilty.

Mr. Elliott submitted that the finding of the jury amounted to a verdict of not guilty, as the finding could not be allocated to any particular count in the indictment.

The Recorder pointed out that the second count charged Newton and Fisher with unlawfully conspiring to forge and utter, knowing the same to be forged, divers writings purporting to be letters signed by the firm of Lewis and Lewis and by Sir George Lewis, Bart., with intent to defraud. Did the prisoners conspire together to forge those papers?

The Foreman. No, my lord, not the earlier ones, not those of June. We have not considered those at all.

The Recorder asked whether with reference to the fourth count the jury found prisoners guilty of conspiring to defraud Mr. Cogswell and Mr. Blythe?

The Foreman. No, my lord.

Mr. Muir. "Or any other person or persons unknown?"

The Foreman. Our opinion is that we hare nothing to do with Fisher before September 17.

The Recorder. Was Fisher's intention when he went to Hallam's to use these papers for the purpose of defrauding somebody or not?

The Foreman. Certainly; they were obtained for an unlawful purpose.

The Recorder. Do you agree that the object was to defraud somebody?

A Juror. The evidence does not prove that.

The Foreman. We simply say that Fisher was party to obtaining the papers for an unlawful purpose, but for what purpose is not proved by the evidence.

It appearing that the jury were not agreed, the Recorder directed that they should again retire. Ultimately they found that "Fisher conspired with Newton to obtain the paper and dies for an unlawful purpose, with intent to defraud divers persons unknown."

(Friday, October 25.)

Mr. Elliott asked his Lordship to state a case, and his Lordship did so.

Mr. Wildey Wright desired to address the Court in regard to certain statements about Mrs. Fraser, but the Recorder ruled that he could not do so, as he did not appear for anyone before the Court.

BEFORE THE COMMON SERJEANT.

(Wednesday, October 23.)

Reference Number: t19071021-39

VAUGHAN, Reuben (28, fitter), pleaded guilty to stealing a gramophone and 26 records, the goods of John Edward Redon; forging and uttering a certain acquittances or receipt for money, to wit for the sum of £10 10s., with intent to defraud; obtaining by false pretences from Thomas Causer the sum of £10 10s., with intent to defraud. Prisoner confessed to a previous conviction. Several other convictions were also proved.

Sentence, Six years' penal servitude.

Reference Number: t19071021-40

STRATFORD, Ernest (19, barman), pleaded guilty of carnally knowing Daisy Florence Gudlestone, a girl above the age of 13 years and under the age of 16 years. It appeared that the girl had not been very unwilling, Sentence, Six weeks' hard labour.

Reference Number: t19071021-41

SWETTENHAM, Kate, pleaded guilty of feloniously marrying John De Fraine, her husband being then alive.

It was stated that the first husband had received 10 years' penal servitude. Upon his coming out prisoner provided him with money to enter into a business, but he soon, got tired of that. Then he received from prisoner more money, in order to go to Canada, which he did not do; finally because prisoner would not give him more money he informed the police of the bigamy.

Prisoner was bound over on her own recognisances in £10 to come up for judgment if called upon.

Reference Number: t19071021-41a

SAUNDERS, Henry (21, engineer), pleaded guilty of stealing one brooch and one ring, the goods of Solomon Bolsom.

Prisoner had previously been convicted of fraud on a railway, for which he was fined.

Sentence, 12 months' hard labour. An order for restitution was made.

Reference Number: t19071021-42

COWDERAY, Joseph, pleaded guilty to assaulting Joseph Day, thereby occasioning him actual bodily harm.

It appeared that prisoner was under the influence of drink at the time, and was behaving in a disorderly manner in a shop, and interfering with goods for sale. He was very violent, and struck the officer Day who arrested him a very severe blow, from which he was still suffering. He also threatened in a most dangerous way another officer who came to assist.

Sentence, Six months' hard labour.

Reference Number: t19071021-43

O'CONNELL, Jeremiah (42, stevedore) ; feloniously wounding Alfred Barnes, with intent to do him some grievous bodily harm.

Mr. Arthur Gill prosecuted; Mr. G.L. Hardy defended.

Police constable ALFRED BARNES , 401 H. On September 29, about 120 a.m., I was in Red Lion Street, St. George's, where I saw a

woman with a child in her arms. She was standing outside her bed-room window on the ground floor, No. 82, and was in an excited condition. I asked her what was the matter, whereupon her husband rushed out of the house—the prisoner. He said to his wife "You called me a thief," and ran as though to strike her. I stepped between them and stopped him, advising him to go indoors and behave himself, and let his wife and child come in. When he got to the door he put his hand behind him and brought something out, giving me a blow on me left side of the face, which caught the top of my ear and tore it, saying at the time, "Take that." I then got hold of his shirt with my left hand, and felt for my truncheon. I saw he had a hook (produced), which he raised again. I caught his wrist and struck him with the truncheon, when he dropped the hook. He then stepped back in his own doorway, and somebody slammed the door and bolted it, I do not know whom. I blew my whistle and another officer came. I tried to open the door but it would not give. I felt a bit faint, and my eyes were blurred. When the other officer came somebody opened the door, and we searched the house, but failed to find prisoner. We concluded he had gone out at the back, through some French windows. I came away, and told a Thames sergeant to keep observation at the back. I then went to the station and was examined by the surgeon. When I saw prisoner he seemed very angry; he might have been drinking, but I should say he was sober.

Cross-examined. I was in uniform during the occurrence. I have not been on duty since this happened. I hit prisoner twice with my truncheon. He might have staggered back to the door after my blows; I could not say. There is a lamp about 10 or 15 yards away from his house. There if also one nearly opposite the door belonging to the fire station. It is a very light corner at that spot.

Re-examined. Prisoner had the hook with him; he did not go inside for it. It was after I received the injury that I used the truncheon.

CHARLES GEORGE ROSE , fireman, Wapping Fire Station. I was on watch on September 29, between one and half past. The station is opposite 82, Red Lion Street. I heard a disturbance at the time mentioned, and on looking out saw Mrs. O'Connell, whom I knew looking through a window. Shortly after a policeman passed by and spoke to Mr. O'Connell. The latter then walked a few yards up the street, and the policeman closed the shutters and doors. Prisoner then came out aid called for his wife, saying, "She called me a thief." Then he went to strike her, but the constable intervened, saying, "You cannot do that," or "You must not do that; get away home." Prisoner then stood outside the door and picked up one of his children, squeezing him and saying, "This is my son," or something like that. All at once he put down the child, turned round and struck the policeman. The latter then caught hold of O'Connell and they had a short struggle, the officer appearing to be hitting prisoner; I could not see what with. Prisoner broke away and went

into his house I was in the watch-room all the time, and I telephoned to the station, after which I went out. I could not see the constable's face, as he had a handkerchief to it.

Cross-examined. I know prisoner's house. The fire station is opposite, about 18 ft. away at one part. From where I was prisoner's house would be about 30 or 40 ft. I first heard Mrs. O'Connell it ream, on which I opened the window and looked out. I made a statement to Sergeant Gooding. I could not see what the constable struck prisoner with. He may have struck him three or four times.

Re-examined. (After statement before the magistrate read.) I am not aware of any distinction between my evidence now and before the magistrate.

Police-constable GEORGE DUNBAR , 379 H, deposed to searching 82, Red Lion Street, on the morning of September 29, but could not find prisoner. He went with Barnes, whose face was bleeding, to the police station.

Sergeant FREDERICK GOODING , H Division. On September 29, about 245, I saw Police-constable Barnes at Shad well Police Station, and in consequence of what he said I went to 82, Red Lion Street, Wapping I searched the house and the adjoining backs, but did not prisoner. At about quarter to seven I went back, after inquiries, and going into a house I found prisoner under a bed. I pulled him out and said, "Jerry, I want you." He said, "Oh, dear, have I killed him? I feel so bad; I must have been drunk." I said, "No, he is very seriously injured, and I am going to arrest you for feloniously wounding Barnes." I searched him, and he pointed to some blood on his shoulder and shirt, and said, "That is the policeman's blood." I arrested him, and on the way he said "This is what drink does; I only came out yesterday morning. It looks like going back. I hope he will get over it. I ought to make a hole in the water, but I cannot drown. "Later on at the station I showed him a stevedore's hook, saying he would be charged with feloniously wounding Barnes with it. He said, "That is my hook; I do not recollect much of it."

Cross-examined. Prisoner appeared to be sober when arrested; be appeared to be recovering from a passion. He might have been drinking.

CHARLES GRANT , divisional surgeon, H Division. On September 29, just before two, I saw Constable Barnes, and found him suffering from a lacerated wound on the left ear and tearing down the cheek. He is better now, and will be able to take up his duty at once. I subsequently attended prisoner, when he was suffering from contusion on the left side of his head, and an abrasion in each shoulder blade. He had certainly bad some drink on the previous day. The hook (produced) was shown to me; it had red stains on it, apparently human blood. They answered to the tests for mammalian blood. The effect of the injury will now be merely disfiguring. The wound was very close to being a dangerous one.

Cross-examined. There appeared to be no dirt in prosecutor's wound. I would hardly call prisoner's injuries wounds; they were abrasions.

Verdict, Guilty of unlawful wounding.

Prisoner had been convicted of assault 13 times, nine of which were on the police.

Sentence, Three years' penal servitude.

Reference Number: t19071021-44

MCKENNA, Frank (27, labourer) ; robbery with violence on Louisa Banks, and stealing from her one big and other articles.

Mr. J. Dundas White prosecuted.

LOUISA BANKS , domestic servant. On September 27, between eight and nine, I was walking along Tottenham Court Road withs bag in my hand, containing a bank book, bunch of keys, and purse with £2 in it, when a rough man came behind and caught hold of my back, pulling me down; he then took the bag and ran off as quick as he could. He frightened me so much that I screamed. I ran after him, but he was halfway down the street. A policeman then came up, with whom I went to the station to report it. Prisoner is the man who robbed me. I had also a cardboard box in my hand at the time, which was given back to me by someone, I don't know whom.

To the Common Serjeant. I caught sight of prisoner's face when he came behind me. I had a shock through the occurrence, and have been ill ever since.

To Prisoner. You got in front of me as well, and you had a little trouble in getting away, so I had a good look at your face. I identified you at the police station. They did not point you out to me before I identified you. They asked me if you were the man after I had pointed you out. You were not among other men.

ARTHUR KIRBY , 9. St. Andrew's Chambers, Wells Street. On September 27, a little before nine, I was at the corner of Howland Street and Tottenham Court Road, when I heard a cry "Stop him," and saw prisoner running towards me. I stepped in font of him, and he tried to dodge me; then he slipped on the pavement and rolled towards the railings, but I held his hands. We got a crowd round, and I heard them say, "What has it to do with you? Let him go. "I held him for a minute and then released him. It was dark, and I could not see if he had anything in his hands. He ran away again, but four or five minutes later I saw him in the custody of an officer. I went to the station and told them I had seized the prisoner first I offered to show the officer the place where I had held prisoner. Sergeant Scholes came with me, and I believe he found something in the area, where I had an idea prisoner had dropped something.

To Prisoner. The crowd was running behind you. I caught you because you were running away from them. I could not see anything in your hands. You put them on the railings when you slipped down.

Police constable EDWIN ARNOLD . 153 D. On September 27, about nine, I was off duty, in Fitzroy Street, when I saw prisoner running

along followed by a very large crowd. I caught prisoner in Southampton Street, and took him in custody with the help of Police-constable 377 D. When we got to the station prosecutrix was there and said at once, pointing to prisoner, "That is the man that stole my bag." Prisoner made no reply.

Police-sergeant ALFRED SCHOLES , D Division. I saw prisoner brought to the station on September 27, about nine in the evening. I afterwards went with Mr. Kirby to No. 2, Fitzroy Street, and from what he told me I searched the area, where I found a bank book and a bag containing the articles which prosecutrix said she had lost. I returned to the station and told prisoner in Kirby's presence what had occurred between him and the latter. Prisoner said, "I don't member having slipped down anywhere."

To Prisoner. The landlady of the premises saw me fetch the bag out of the area. I got her permission, as I bad to go through the house.

LOUISA BANKS , recalled, identified the property stolen.

(Defence.)

FRANK MCKENNA (prisoner, on oath). I was going along a street where a crowd was running, and I joined in the chase and got in front, when this men (Kirby) got hold of me, and the people said, "You have got she wrong man, let him go," which he did. They all ran after the second man. Then the policeman in plain clothes came up and took me to the station. When we got there we saw the lady who lost the purse, and one of the officers says, "Is this him?" She says, "Yes, that is the man who took my bank book with £100 in it. "When I saw her she looked half drunk. Then I was charged with this affair, which I know nothing at all about. I was not in the locality where she lost her purse.

Cross-examined. I said at the police court that prosecutrix had met me in a mews two or three days before. I did not see who the crowd was running after. I ran with the crowd, and got in front because I was a better runner; they were all children. I was only four or five yards in front. (To the Common Serjeant.) There were two or three in front of me. I did not try to dodge Kirby when he stopped me; I slipped down.

Verdict, Guilty. Prisoner confessed to a previous conviction at Manchester in 1901. Several other convictions were proved.

Sentence, Four years' penal servitude.

Reference Number: t19071021-45

KENT, Daniel (52, lighterman) ; stealing the sum of £3 11s. 6d., the moneys of Thomas Thornton Robinson.

Mr. Ormsby prosecuted; Mr. Burnie defended.

THOMAS THORNTON ROBINSON , 8, Long Lane, E.C. On August 19 I was in my warehouse, when prisoner and a companion came in to see me. Prisoner told me they were getting subscriptions for a waterside regatta in connection with stevedores. He produced a large document with printed heading, which I thought was a waterman's

license. I told him I was busy and had no time to spare, but said that he could call again when passing. On Friday, the 23rd, he called again with another man; I cannot say whether he was the same companion as before. I was sitting at my desk. On my right there was a table with papers and £3 10s. in gold and 1s.6d. in silver. I last saw that when my clerk came and told me that two men wanted to see me very particularly. Between that time and the entry of prisoner, with the other man, nobody came in. Prisoner stood on my left hand and (the other man about a yard and a half away on prisoner's left. Prisoner made two or three salaams, and said he was sorry to trouble me seeing I was busy. I expressed some annoyance at his calling, it being a quarter to five, and I was just finishing the mails, so had no time. I bent forward again to my desk, and out of the corner of my eye I saw the other man vanish out of the door. Prisoner made some remark which I did not hear, and also went quickly out, which aroused my suspicions, so I looked round and saw the money had gone. I followed him through the warehouse and through two sets of folding doors, down the first flight of stairs, and at the bend I saw him with his hands on the bannisters, taking several steps it a time. He looked behind, and seeing me following increased his speed. When I got to the bottom he was out of sight. I then went to Snow Hill Police Station and gave information. A few days later they sent for me, and from among about a dozen men I identified prisoner. I did that before I got up to the line, because prisoner looked over his shoulder when I went into the room.

Cross-examined. I did not identify the companion the second time. On the first occasion the two men stood in the lobby of the ware-house together. I do not think they came into the warehouse. Only the prisoner spoke that time. On the second occasion they came up together and came to the table together. They came through the door at the same time; it is a fairly wroe one; the table was between prisoner and myself. On the first occasion the other man volunteered the remark that it would be a grand advertisement for me, which I took to mean if I gave the subscription. The other man did not speak on the second occasion; he may have been a different man altogether. The affair took place in a few moments. Prisoner was looking towards me with his back to the door. He was within easy reaching distance of the money. When I went after prisoner I did not say anything about the money to anyone. (Mr. May came into Court.) I cannot remember that that was the man who came on the first occasion. I am sure he did not come on the second occasion.

Detective-sergeant NEWALL . On September 10 prisoner was put up with other men for identification at Snow Hill. He was detained with another man, and I told them they would be put up for identification as two men who had been to an office occupied by Mr. Robinson, at 8, Long Lane, and who stole £3 11s. 6d. Prisoner said, "I know nothing about it." Mr. Robinson at once identified

him from amongst 13 men, but failed to identify the other man. When charged, prisoner said, "I know nothing about it. I have never been to the place in my life; I do not know those gentlemen." He gave a correct address. When searched this list was found on him, which Mr. Robinson identified as being produced to him by prisoner. These bills were also found on him and two collecting hooks.

(Defence.)

DANIEL KENT (prisoner, on oath). I live at 51, Riley Street, Bermondsey. I have always borne a good character and have never before been in a police court. I have been collecting money off and on for the regatta for the last 16 years. Last Saturday week I had my big race on the Lea, and I always got subscriptions every year from various people. On the 19th—I believe that is the date—I called on Mr. Robinson. Mr. May (my son-in-law) who came into Court, was with me. I went back again to Mr. Robinson on the Friday by myself. I previously left my son in the Minories. I did not notice anyone was following me when I went to Mr. Robinson's private office. I was standing in the warehouse about a minute whilst speaking to the clerk. I do not know who the man was who came after me; I wish I did. What his business was I do not know. He was standing in the room while I was showing Mr. Robinson my list, and all at once he came near the table and then rushed out of the office. I had not seen any money myself there. When I went out I only walked downstairs. It was rather, darkish on the staircase, and I put both hands on the banisters. When I got downstairs I stopped three or four minutes where the office is, then I went on to Smithfield Market and saw my son-in-law. That is all I know about the matter. When I said I had never been to the place in my life, I was thinking of another Long Lane in my neighbourhood. When I thought about it, I admitted I had been to Mr. Robinson's place. I do not remember saying that I had never seen Mr. Robinson in my life.

Cross-examined. There are not necessarily two of us who go together for subscriptions; not once in (50 times. My son-in-law occasionally comes with me. Cooper has never come with me. I have not seen him for five or six weeks. Mr. Robinson could have caught me up when I went downstairs if he had liked. There was no occasion to run downstairs; I had done no harm. If I had known that anyone had taken money off the table, I would have been the first one to have caught him. I have only heard about a man named Cooper. I do not know him. He has never lived in my house.

(Thursday, October 24.)

Verdict, Not guilty.

BEFORE MR. JUSTICE A. T. LAWRENCE.

(Thursday, October 24.)

Reference Number: t19071021-46

ROLES, Thomas James (tarpaulin maker); feloniously sending and causing to be received by Fanny Katherine Hillier, a letter threatening to kill and murder her. Prisoner pleaded Guilty, and was bound over on his own recognisances in £50 and one surety of £10 to name up for judgment if called upon.

Reference Number: t19071021-47

DAY, Louisa (26, servant) ; murder of her male child.

Sir Charles Mathews, Mr. Arthur Gill, and Mr. E. C P. Boyd prosecuted; Mr. Curtis Bennett defended.

Police constable BENJAMIN SPENCER , Willesden. I have made a plan to scale showing Aldershot Road and Edgware Road and Hanover Road. The red circle on the plan is waste ground. This is plan No. 1. I produce a second plan showing the piece of waste land and a section of Hanover Road, showing No. 71, and the foot-path on the south side of the water land. Aldershot Road, Kilburn, in one mile 600 yards from this place. The direct road to Edgware would be up the Edgware Road. That is on the way to Watford, by road.

Cross-examined. To go to Watford by train you could go to Willesden Junction or travel to Queen's Park. It is five miles 1,020 yards from the corner of Aldershot Road to Edgware. The shortest way from Aldershot Road to Willesden Green Station would be up Willesden Lane. You could go by Chevening Road, crossing the N. L. Railway at Kensal Rise Station, and so up Hanover Road and Sidmouth Road, but it would be a long way. A person going that way to Willesden Green Station would not go across the waste piece of land at Hanover Road, where there is a footpath. One could do it, but one would be going back towards the Harrow Road, away from Willesden Green Station altogether. One would go across the waste piece of ground, but not where it is shown as a footpath.

HERBERT ABRAHAM , 147 and 149, Sutherland Avenue, Maids Vale. Prisoner was in the service of myself and wife from March 23 till July 23. Before she left we noticed she was getting stouter, and my wife said, "You appear to be rather stout," and prisoner explained it by saying she was suffering from illness. My wife suggested it would be as well for her to see our medical man, and she agreed, but as at that time we were busy we suggested she should see him later on, in August. Nothing more was said about her stoutness. I had warned my wife previously not to say anything I identify this teacloth handed to me as my property. It has our joint initials, "H.L.A." Prisoner would constantly have access to such articles.

Cross-examined. She was a satisfactory servant and a respectable, hardworking, good girl. We did not actually tell the girl the date when the doctor would see her. I think that was most probably

arranged between my wife and myself that we should leave the matter over.

Re examined. The fact that she was to see the doctor was mentioned and agreed to by her. I think that conversation was quite early. When we engaged her she had rather a long loose cloak on, and it was when she came into service that we noticed her stoutness.

ROSINA YOUNG , 17, Aldershot Road, Kilburn, wife of David Young Prisoner took a furnished bedroom at my house on July 23, I think. It was a small back room just over the kitchen. I noticed that the was pregnant, but I did not speak to her on that subject. She told me the suffered from dropsy. She came into the room and told me she was suffering from dropsy and wanted a rest, when I first saw her. Previously she had left an address at Sutherland Avenue for me to write to her, as I was out when she called about the room. She continued to occupy the room till August 3, but during that time she went to Watford. That was on the Wednesday, July 31. She told me she was going to her young mans sister's, and that that was where she made her home when out of a situation. She case back on August 2 between 10 and 11. She went out in the evening. I was in my kitchen on Saturday, August 3, about 10.30. I was waiting to send breakfast up to a gentleman, and was sitting at needlework, and I distinctly heard the sound of a baby's cry coming from the bedroom which prisoner occupied. My daughter was in the front room cleaning, and the also heard the noise. I went to the bedroom door and knocked. Prisoner said, "Who is there?" I said, "It's me." She said, "You cannot come in; I am washing and dressing." I heard her go out about an hour afterwards. She ran down the stairs. It is not a very long flight, but she ran very fast. She was out about an hour, or a little longer. Then she came in and asked me if Carter Peterson's had been for her boxes. She had told me on the Friday that she was leaving on Saturday. Carter Peterson's came while she was speaking to me in the kitchen; they took her boxes, and she went afterwards between one and two. She was only carrying an umbrella. She told me she was going to Guilford Street, Russell Square. After she had gone I went into her room and found the sheets were stained red.

Cross-examined. I remember the dates distinctly. Somebody came and asked me whether she had left my house during the time she was there and that brought it back to my memory. That was before the police court proceedings. I did not mention anything shout it at the police court. I did not see prisoner at all on the evening of August 2. When I heard what I took to be the baby's a cry and knocked at her door I got an answer at once, perfectly clearly She went out soon after 11. Anybody going downstairs would probably be seen by me or my daughter at that time. As a matter of fact, we did not see her go out. If she had had a child the night before I should expect to find stains of blood on her sheets. If she had had a child in that room between 10 and 11 on the morning of August 3 I should have expected to find something more than.

I did find. I said at the police court that I thought I might have made a mistake as to the cry of the baby. There are babies a few doors down from my house. It was fairly warm weather, and it would not be unusual for people to have their windows open. Prisoner was a well-conducted girl while with me.

Re-examined. I was not mistaken in thinking that she was pregnant.

To the Judge. On the Saturday she walked about and talked quite naturally. She stood at the end of my kitchen table for about a quarter of an hour talking.

ROSE YOUNG , daughter of last witness. I knew prisoner as Miss Jacobs. She was away for a night or two before she left our house. When she returned on August 2, between 9.30 and 10 p.m., I opened the door. It was a wet night. She went straight to her room. On Saturday morning, about 10 a.m., I was upstairs in the front bedroom. Prisoner's bedroom was on the floor beneath, two or three stairs down. I heard the cry of a baby coming from her room. I saw mother go and knock at the door, and I heard the prisoner speak. Prisoner went out about an hour afterwards and came back between one and two. I could not be certain of the time.

Cross-examined. I was not at the police court. I had seen Inspector Pollard before the case was on there and he did not ask me to attend. I was sweeping the room out on the morning of August 3 and had the window open. There is certainly one and there may be more babies within a few doors of us. I do not remember the time I let her in on any other evening. On August 2 it raised, beginning at eight p.m. It was not so late as 10.30 when she returned. My mother was not in bed when she came in. She gees to bed at all times.

WILLIAM WHITE , 257, Clifford Lane, carman employed by the Willesden District Council. On August 13, at 11.30, I was with my water cart in Hanover Road. I went across a piece of waste ground there and found a brown paper parcel close to the fence of No. 71. There was long grass there. I opened one end of the parcel, which was tied with tape. There was a shawl also. When I undid it I saw a child's feet and legs. I took it away and handed it to Police constable Cull.

Cross-examined. The parcel did not appear to have been disturbed. There was an indentation in the grass where it had been lying. It may have been there some time for all I know.

Police-constable GEORGE CULL . About 11.45, on August 13, I was on duty in Leyton Gardens, near Okehampton Road, when White pointed out a parcel on his cart and handed it over to me. I went to the spot where the parcel had lain and saw a slight impression in the ground. I took the parcel to the Kilburn Police Station and afterwards to the mortuary at Kilburn, and handed it over to the coroners officer, Mr. Franklin.

Cross-examined. Adjoining the piece of waste land there was more waste ground and then open fields.

Police-constable ROBERT FRANKLIN , 20 X Reserve. I act as coroner's officer for the Kilburn district. On August 13 I received a parcel from Police-constable cull. The outside covering was a pink woollen shawl and a sheet of brown paper was on one side of it. Inside there was a large piece of cotton wool sawn on to. a muslin curtain with broad white tape sewn on to each corner; two pieces of waterproof cloth, of which I produce one; and this teacloth, which was in the mouth of the child—a part of it. There was this piece of tape round the neck. There were a pair of scissors and a piece of lead pencil with silk string attached. There were also the body of a child and the after-birth. A piece of broad white tape was tied tightly round the neck of the child. It was tied at the back with a double knot and bows. I was present when Dr. Roberts made the first examination of the body.

Inspector EDWIN POLLARD . About three o'clock on Saturday, September 7, I was in the company of Sergeant Cole and Detective Rumbold, when we saw prisoner walking along Russell Square towards Oxford Street. I stopped her and said, "Miss Jacobs!" She stopped and looked at me and said, "Yes, sir. "I said, "We are police officers and are making inquiries respecting you. The body of a newly-born male child was found in a field at Okehampton Road, Kensal Rise, on August 13, and an inquest was held on it, and a verdict of wilful murder returned against some person or persons. unknown." She trembled and turned white. I said to her, "You had better be careful as to what you any in reply to any question that I put to you." She replied, "I understand."

Mr. Curtis Bennett objected to the statement made by prisoner being given to evidence on three grounds: That the remark of the officer, although unintentional, was in the form of a threat; that the officer did not tell the prisoner that she need set reply unless she liked; that the officer ought to have told her that whatever he said might be used against her in evidence. He cited Male v. Cooper, 17 Cox Cave, J.); and R. v. Thompson (Coleridge, L. C. J., and Cave, J.)

Mr. Justice Lawrence ruled that the remark of the officer was a caution, not a threat.

Mr. Curtis Bennett then submitted, on the second point, that no statement made in answer to questions from a polios officer was admissible in evidence.

Mr. Justice Lawrence: You have not got from him yet that he pot any questions.

Cross-examined (on point of Law). The journey in the cab took 25 minutes. She did not speak from Russell Square till we got to the Euston Road—about a quarter of an hour's conversation. I did not put any questions to her in the cab.

By the Court. After she said, "I understand," I said, "In July last you were seen walking past Queen's Park Station, and you appeared far advanced in pregnancy." After that I put her in a cab. She seemed distressed and I did not speak to her. I described what took place just now as a "conversation." Detective Rumbold a also called it a conversation. But I did not speak to her. The question I was going to put to her was that I was going to take her to Kilburn Station and charge her.

Mr. Justice Lawrence said he could not infer that any questions had in fact been put.

Mr. Curtis Bennett on the second and third points cited R. v. Baldry (Cave J)

Mr. Justice Lawrence asked if there were any authority for saying that the omission to state that anything said by accused might be used against her rendered her statement inadmissible.

Mr. Curtis Bennett said he could find no actual authority beyond the statement of Cave J.

Mr. Justice Lawrence said that was a comment upon the statement, "You had better tell the truth," which was totally different to "You had better be careful" He could not exclude the evidence.

Sir C. Mathews said he would take one more answer and would then invite his lordship's ruling lordship's ruling.

Examination continued. After she said, "I understand," I said "At the end of July last you were seen walking past Queens Park Station, and you appeared far advanced in pregnancy." She replied, "That cannot be true, as I had a miscarriage in February last." Then a cab was called and I put her in it, and Rumbold and I got in. I told her I should convey her to Kilburn Police Station, where she would be detained and examined by a doctor. I had no power to have her examined without her consent, nor bad anyone. I had not time to ask her consent. She cried, and said, "Oh dear, oh no; do not do that"

Sir C. Mathews asked his lordship's ruling as to whether the statement that followed was admissible.

Mr. Justice Lawrence said under the circumstances they had no right to admit it.

When charged at the police station prisoner made no reply.

GEORGE RUMBOLD , detective, X Division. I was present when prisoner was charged. A matron was sent for, and in the meantime prisoner was in my company and made a statement to me. That was about three hours after we arrived at the police station. When she started talking to me I said that whatever she told me I should' be compelled to take down in writing and it would be possibly used against her. She made a statement to me after I had given her that caution.

Sir C. Mathews asked his lordships ruling that that statement was admissible, time having elapsed since the threat of the doctor.

Mr. Curtis Bennett submitted that the effect of that threat had not been removed.

If one statement went, the other must go too.

Mr. Justice Lawrence upheld the objection.

Sir C. Mathews read the third statement of prisoner: "I felt ill and turned back. I had no idea' my confinement was so near. I went across some fields for a quick cut and suddenly felt pains of labour, and before I could go any further my child was born and I fell to the ground in a dead faint. I heard the child make a peculiar noise and I remembered nothing more for some time. No one was near. It was a dark and lonely place. I screamed. The child was under my clothes and I am sure it was dead. I do not know how I got into the road. I think I must have lain there two or three hours, for when I reached Aldershot Road it was past 11 o'clock The landlady's daughter opened the door. I intended telling the landlady, but she had gone to bed, and the next day I was shamed to tell her. God help those who find themselves in my position, friendless and alone. I had no intention to hurt my child. I felt

so ill I thought I should have died. I did not tell the police I put something in the child's mouth or tied the strings round its neck. I have no recollection of what happened at the time. I felt so ill and frightened. Please grant me legal aid, as I want to call witnesses at my trial." The learned counsel said that was the statement which would go to the jury, together with the first part in which she stated that she wished to be confined at Watford, where all her other baby's clothes were. She wanted to have those for her baby, and had with her a few things which would be of assistance in her confinement, two pieces of mackintosh and other things. The doctor who would have been called would express the opinion that it was strongly probable that the child was born alive, but he could not say affirmatively that it had an existence separate from the mother. Under those circumstances he submitted that the best course would be to allow the prisoner to plead guilty to concealment of birth, which he understood the was prepared to do.

Prisoner then pleaded guilty to concealment of birth.

Verdict, Not guilty of murder; Guilty of concealment of birth.

Sentence, Three months in the second division. It was stated that en her release she would be taken in charge by the Court missionary.

Reference Number: t19071021-47a

ROBINSON, Thomas (47, dealer); manslaughter of Ellen Fitch. Mr. Lister Drummond and Mr. R. A. G. Bonn prosecuted.

ALFRED SPEARS , 286, Waterloo Road, builder. On September 13, about 5.15 p.m. I was standing outside No. 12, Westminster Bridge Road. Prisoner was standing outside the opposite public-house with a woman. They were having a jangle. Prisoner was standing with his hand resting on the sill of the public-house window; the woman was standing in front of him with a baby in her arms. I saw her strike him with her open hand on the side of the face. He walked about twenty yards towards Westminster Bridge, and she followed, using very bad language. I did not hear what she was saying, but presumed it was bad language from the tone of her voice. He stopped and waved his hand, which I took to be telling her to go away. She walked towards the "Oxford" public-house again, and he followed her. She came right past the "Oxford," and turned round and met him again. She went to hit him on the face, but caught him on the chest with her open hand. They went on jangling, and then all of a sudden he stepped back and brought his arm right round and hit her in the face with his clenched hand. The whole affair took ten minutes, walking up and down and everything. Her head went back and she fell right down, baby and all. It seemed to me that prisoner stooped down over her. Then he went out of the crowd and went into the end door of the public-house, remaining there a few seconds, not possibly long enough to get a drink. Then he came out and stood round the side front facing Dodson Street. A constable came up and an ambulance was sent for. Prisoner walked away.

To Prisoner. I was on the other side of Dodson Street, but it is not more than 20 ft. wide.

To the Court. The woman had been apparently attacking him all the time, and he had been trying to get away from her. He only hit her the once.

WILLIAM GEENY , 18, Westminster Bridge Road, shoemaker. On September 13, at about 5 p.m., I saw prisoner and a woman quarrelling for about twenty minutes. She was calling him nasty names. She was drunk. Prisoner was not drunk, but had had some drink. Prisoner told her to go away several times. At last she hit him in the face twice with her fist. He said, "I don't want no say with you; you go away." He walked away and leaned up against the "Oxford" window. She came up again and made for his face, but hit him in the chest. She used very bad language. I heard what she said. Then he gave her a blow in the face and she fell on the back of her head. I could not say whether he hit her with his fist or the flat of his hand, but he did not hit her hard. I said before the Justices, "I think it was a blow with the flat of the hand he gave her." That is what I think.

THOMAS CHILDS , 2, Gaywood Street, Southwark, bootmaker. On September 13 I was outside Geeny's shop about 10 to five, and saw prisoner and a woman quarrelling. He asked her to go away, but the woman followed him. He raised his hand and hit her, and she fell on the back of her head. His hand seemed to me to be closed.

HENRY JOHN NIGHTINGALE , house surgeon, St. Thomas's Hospital. I did not see Ellen Fitch till some hours after she was brought into the hospital. I saw her shortly after 8 p.m. She was quite unconscious and in a state of deep coma. There was a lacerated, irregular cut on the back of the right side of her head. The edges were bruised and dirty, and it went down, to the bone. It was evidently caused by a heavy fall. She died about 2.30 the next morning from the pressure of a clot of blood, which was outside the brain, but inside the scalp on the left side, due to the injury to the back of her head. A fall on the pavement would cause such an injury. When I saw her, in spite of the fact that her stomach had been washed out, she still smelt strongly of drink. That state would make her fall more heavily. There was no mark of injury on the face. If a blow struck her it could not have been a heavy one.

CHARLES KEYS , detective L Division. On September 14, about 2 p.m., I saw prisoner at the "King's Arms," Westminster Bridge Road. I said, "I must arrest you for causing the death of a woman named Fitch last night outside the "Oxford Arms." He said, "I did not hit her; I pushed her. She kept swearing and carrying on. It is her own fault. What would you do?" When charged he made no reply, and said nothing before the magistrate.

Verdict, Not guilty.

Reference Number: t19071021-48

SEXTON, James (45, labourer) ; feloniously wounding Mary Sexton, with intent to kill and murder her.

Mr. Ernest Beard and Mr. S. Williams prosecuted.

MARY SEXTON , wife of prisoner. At the time of the occurrence I was living at 86, Church Street, Deptford. It took place on September 6 between 10.30 and 11 a.m., shortly after I got out of bed. I was partly dressed and was sitting on the side of the bed with a baby in my arms. My husband asked me if I would go into the country with him, and I said I could not go with no underneath clothing and no boots. He hit me a thump in the ribs and took my breath away. Than he put his knee in my stomach and started using a razor. I screamed two or three times before he used the razor. Before that we were both calling one another names. I aggravated him so that he told me he would "do me in" before the day was out and used a foul expression. There was a knock at the door and my husband got up and opened it, and it was Mr. Francis, who was our landlord. I walked downstairs to the street. I saw a police-officer and told him who cut my throat. Then I was taken to the hospital. I identify the razor produced as my husband's. It has no handle.

To Prisoner. You could not provide a home for me and I took up with another man. He died and left me with a baby six weeks old. You continually annoyed me to go back and live with you. I did not want to. I know I have been very tantalising to you and aggravating.

JAMES FRANCIS , 52, Sandbrook Street, Deptford, landlord of the prisoner. No. 86, Church Street, Deptford, is my house. On September 6 I was in the back and heard Mrs. Sexton call her husband a shocking name. They appeared to be quarrelling. Then I heard Mrs. Sexton cry out "Murder!" two or three times, but I did not take say notice the first time, and it was quiet for a time. Later on I heard the cries again and went to their room and knocked at the door. Prisoner came out and I said, "What are you doing?" His wife said, "He is murdering me, Mr. Francis." She was smothered in blood. I said, "I will go and get a policeman." I did so, and called him in, and she ran down into the street. I first saw the razor (produced) at the bottom of the stairs. It dropped out of prisoner's right hand.

Police-constable FREDERICK PATTERSON , 11 Reserve. I was on duty on September 6 in Church Street, Deptford, at 11.20 am. I saw Mrs. Sexton come out of No. 86 covered with blood. From what she said I took hold of prisoner. I called out to Police-constable Tack, "Look out; he has something in his hand." I heard something drop, which turned out to be a razor blade, the one produced. It had fresh blood on it. When charged he said, "The baby is the cause of all the dispute." When I arrested prisoner as he was coming downstairs he said. "Yes, I done it; I am the man."

EDWARD TRAFFORD , Inspector, R Division. About 11.30 on September 6 Police-constable Patterson brought in prisoner to station. When charged with attempted murder he said, "Who saw me do it? She snatched the razor out of my hand and done it herself. I was

going to shave with it." He cross-questioned Francis as to the door being shut or open. Francis said he came out of his room and shut the door after him. After I had seen the woman in the hospital I saw prisoner again at the police-station, Deptford, and told him I should charge him with attempting to murder his wife. He said, "I think you are doing wrong. She done it herself. But, you please your self." When the charge was read to him he said, "That's good." His hands were covered with blood and he had a patch of blood on his left trouser leg slightly above the knee. The blood did not come from any cut on the hand.

ALFRED GEORGE SWORN , house surgeon, Miller Hospital, Greenwich Road. Mary Sexton was brought to Miller Hospital. She was suffering from four wounds on the chest and neck, two on the chest and two on the neck. They could have been caused by the razor blade produced. One wound about an inch above the top of the chest was dangerous. She had bled very much. She remained in the hospital two or three days. There were four finger marks in the blood stains made by four fingers of the left hand, I should say, the forefinger being on the right side of the neck. The wound was 3 in. long and about half an inch deep.

Verdict, Guilty of unlawful wounding. Sentence, Eight months' hard labour.

BEFORE THE RECORDER.

(Thursday, October 24.)

Reference Number: t19071021-50

EDWARDS, James (24, bootmaker), and ANDERSON, John (24, bootmaker), both pleaded guilty to being unlawfully found by night in a certain building, with intent to commit felony therein, and with breaking and entering the counting-house, No. 25, Holborn Viaduct, with intent to commit felony therein.They were also indicted for being in possession of housebreaking implements and pleaded not guilty. Sentence, 18 months' hard labour.

Reference Number: t19071021-51

FOHRWEISSER, Otto (29, clerk), pleaded guilty to forging and uttering an endorsement on a certain order for the payment of money, to wit, the endorsement on a banker's cheque for the payment of £94 11s. 4d., with intent to defraud.

Sentence, 12 months' in the second division.

Reference Number: t19071021-52

DRAKE, Herbert (27, wood turner), pleaded guilty to maliciously wounding Lucy Drake and attempting to kill and murder himself.

Sentence, Nine months' hard labour.

Reference Number: t19071021-53

GILLER, William , carnally knowing Lilian Amelia Bowles, a girl above the age of 13 years and under the age of 16 years.

Mr. Jones Lewis prosecuted. Mr. Warburton defended.

Verdict, Not guilty, on the ground that prisoner had reason to believe the girl was above the age of 16.

Reference Number: t19071021-54

START, Charles (54, shoemaker) , having been entrusted by James Meeds with the sum of £20, in order that he might deliver the same to Truman Hanbury's Brewery Company, did fraudulently convert the same to his own use and benefit.

Mr. J. Macmahon prosecuted.

JAMES MEEDS , "White Horse" public house, High Street, Poplar. I have known prisoner for about seven months, during which time he has been working for a cab proprietor at the back of my house. On October 1, I had a letter from Messrs. Truman, Hanbury and Co., asking for rent, and I asked prisoner if he would go to the brewery and pay it for me, and I gave him £15 10s. in cash and a cheque for £4 10. The following morning he came into the bar and said to me "I have been looking for you." I said, "Did you take that money yesterday?" He said, "Certainly." I asked him if they gave him a receipt. He said they were going to forward it. on to me. The cheque I gave him was one I changed for a customer. I told prisoner to take it to the bank and have it cashed, and then take the money to the brewery.

CHARLES BOOTH , cashier, London and County Banking Company, Lombard Street. On October 1 prisoner presented the cheque produced for £4 10s., which I cashed.

GEORGE KING , manager to Messrs. Truman, Hanbury, and Company. On October 1 prosecutor owed £20 for rent and I wrote to him with reference to it. Prisoner did not on that or any other day pay the £20, and the rent is still owing.

Detective HENRY KAMPKIN , K. Division. I arrested prisoner on October 10. I told him the charge and he said, "I know nothing about any money." On the way to the station he said, "It is not felony it is misdemeanour. I shall walk out of it. I know nothing about any money, and was drunk." When charged he said, "How can you make it stealing?"

Prisoner, in defence, said that from Poplar he went straight to the bank in Lombard Street and there changed the cheque for money. Coming back to Aldgate he met some cabmen he knew and was asked to have a drink. He had 15s. of his own money and they had two or three drinks. Being asked how he came to be up there at that time of day, he told them the business he was on. There was a lot of people in the bar, and when he recovered himself he found he had no money whatever, his own 15s. having gone as well, hit allegation being that he had been robbed.

Verdict, Guilty. Many previous convictions for violence and robbery were proved.

Sentence, Five years' penal servitude.

Reference Number: t19071021-55

WILLIAMS, Frederick (24, butcher) ; robbery with violence on Edward Byrne and stealing from him one chain.

Mr. Macdonald prosecuted.

EDWARD BYRNE , 45, Grosvenor Road, Forest Gate. On the afternoon of September 23 I was on my way down to London Dock. At

the bottom of Neptune Street I was attacked by two persons, one being the accused and the other I did not know and would not be able to recognise. They snatched my chain, leaving the watch in the pocket. Accused struck me on the right arm, and the other man kicked me on the left leg and threw me to the ground. I got up and followed the accused through several streets up and down shouting "Police!" until the constable came. Both men were concerned in it. I have no doubt as to the identity of the prisoner I was not drunk. Prisoner was also pointed out to the police by a lad named Jacob Lazarus. Prisoner did not really deny it at the time. When I accused him he said, "Are you sure it was me?" I did not hear what he said when the constable took him into custody.

JACOB LAZARUS , 21, Wellclose Square, Whitechapel. In the afternoon of September 23 I was watching some boys playing in Wellclose Square, when all of a sudden I heard shouts of "Stop thief." I looked round and saw this man running round the corner, and began chasing him with the companion who was with me at the time and some other boys. My friend waited in Cambridge Street for a constable to arrive, while I ran after prisoner. When he saw the constable coming he gave himself up. I am positive prisoner is the man.

NELSON DUDLEY , Cable Street, also described the chase.

Constable HENRY BUTLER , 191, H Division. At about 2.30 on September 23 I was on duty in St. George's Street, St. Georges-in-the-East, when I heard a cry of "Stop thief." Looking round I saw a man running. I chased him through several streets, and eventually I saw prisoner coming back on the opposite side of the street, and the previous witness said to me, "That is the man that was running, officer." I asked prisoner what he was running for, and he said, "I was running after three or four other men, but I do not know what is the matter." I said, "Wait a minute; we shall soon see." Prosecutor came up and said, "That is the man that snatched my watch and chain." Prisoner said, "Is that all? Are you sure about your watch?" Prosecutor put his hand in his pocket and said, "Oh, no, not the watch; I have lost the chain." The chain was completely torn off; there was only the watch left. At the station prisoner said, "He is drunk; he does not know what he is talking about; he is up the b——stick (pole)."

Verdict, Guilty.

Sentence, 20 months' hard labour. Since 1898 prisoner had been many times convicted.

Reference Number: t19071021-56

HENRY PARKS (28, shoemaker); robbery with violence on Henry Bond and stealing from him the sum of 15s.

Mr. Colin Smith prosecuted.

HENRY BOND , carman, 23, Joseph Street, Limehouse. On October 5, between seven and eight I went into the "Britannia" public-house, Commercial Street. Prisoner was in there with a female. I had some conversation with him and some drinks. I left between half-past seven and eight. When I got outside the public-house I was "claimed" from behind, and prisoner rifled my pockets. I had between 15s. and 16s. I raced prisoner down to the next turning, where I got tripped up, by whom I do not know. A constable came of shortly afterwards. I did not see prisoner till he was brought into the station, where I identified him out of a lot of men. I had not known him before that night.

To Prisoner. I left work at one o'clock. I did not meet you in the afternoon between one and two. I was not in the public-horse in the afternoon. I cannot tell how I spent my time up till seven o'clock. I left my shop mates between two and half-past. I was not in the "Queen's Head" public-house until five o'clock with two or three women. I am sure that I saw you outside the "Britannia" and that it was you who robbed me. I did say at the station, "I am not going to make a charge against an old comrade unless it is necessary."

Re-examined. When I came out of the public-house I did not see this man following me. All I know, is that ha put his hand into my pocket and I followed him down.

MICHAEL O'SULLIVAN , 272 H. On the night of October 5 I went in search of prisoner. I found him outside a public-house in Commercial street standing on the footway in company with a woman. I told him I should arrest him on suspicion of being concerned with others in robbing a man a little while previous. He said, "What man?" I said, "You will be put up for identification." He was taken to the station, placed with eight other men, and identified by prosecutor. When the charge was read prisoner said, "That is a lie; he cannot prove it." Prosecutor charged prisoner with stealing 15s. or 16s. On the prisoner was found 9s. 6d. in silver and 2d. in bronze. This was at about quarter-past eight. The complaint was lodged about six o'clock. Prosecutor might have had two or three glasses of beer, but he was sober.

(Defence.)

HENRY PARKS (prisoner, on oath). On the 5th of this month I had been working at Covent Garden from three o'clock till half-past 11 and then went home and had a sleep. At one o'clock I had a wash and changed my clothes and went out. I went into the "Queen's Head" public-house and called for a drink and there saw prosecutor with two or three women and two or three men. We got into conversation and prosecutor paid for four or five drinks, and we stayed there till close upon five o'clock, when prosecutor told me he was going home, and as I had been at work all the morning I went home too and stayed there till close upon seven o'clock, when I went to the

"Queen's Head" and stayed there till I was arrested. I saw no more of the prosecutor. We had both been in the Army. Prosecutor told me he had been in the Artillery and had a pension of 6d. a day, so I said, "Are you going to charge an old comrade?" He said he would not charge me unless it was necessary, but the Inspector said, "You have done it now." On the Monday morning prosecutor told the magistrate he had lost between 17s. and 18s. I have no witnesses to prove that the man was in the public-house that afternoon.

Cross-examined. I do not say I was never in the "Britannia" at all. I was in the "Britannia" before I went home. As prosecutor told me he had been in the Artillery I put him down as an old comrade. I was in the Army in 1899. I was not in the South African War.

MIKE MYERS , 48, Cookham Buildings, Shoreditch. I am a barman employed at the "Queen's Head," Commercial Street. Prosecutor, in company with a lot of women, was in the house between half-put one and five o'clock. I do not know him as a customer; he is a stranger to me. I remember him because he was making a fool of himself is the bar. He was not drunk at that time, but he was in the house later in the evening two or three times with prisoner's wife and a number of men besides. Towards the end of the evening he was troublesome and I had to order him out. I have known prisoner about six weeks. I know nothing about this robbery.

Cross-examined. When prosecutor and prisoner left in the afternoon they went out together. I have a good recollection for faces. I have been at this house six weeks. Before that I was working for Ridley and Co. in Stamford Street.

MICHAEL CRAWLEY , labourer, 14, Whites Road, Spitalfields. On the evening of October 5 prosecutor came into the "Queen's Head" with prisoner's wife, who was crying. Prosecutor said, "I am not going up against him." That was after prisoner had been given into custody. He asked me to nave a drink and asked, "Is that right, that the prisoner's people are well-to-do?" I said, "They are not well-to do. but they are all respectable people. Then he said, "Her husband has robbed me of 15s. If you can make that amount up I shall not go on with it." I said, "No, I do not want to get myself into trouble." Thereupon a man who had been listening gave prosecutor 2s., as he said he had not enough money to go home with, and he then left.

Prosecutor (recalled) denied the story of what took place in the public-house as related by last witness.

O'SULLIVAN (recalled) said prosecutor was sober when he laid the charge at quarter to eight o'clock.

The Jury disagreed, and, on the foreman stating that there was no prospect of their agreeing, the Recorder directed them to be discharged from giving a verdict and ordered the case to be tried before another jury.

BEFORE THE COMMON SERJEANT.

(Thursday, October 24.)

Reference Number: t19071021-57

SOLOMONS, Lewis ; maliciously publishing a false and defamatory libel of and concerning Stephen Bagden Child.

Mr. S. T. Evans, M. P., who, with Mr. R. D. Muir, appeared on behalf of the prosecution, stated that there had been a consultation with the counsel representing prisoner—Messrs. George Elliott, Arthur Gill, and Forrest Fulton—the outcome of which was that defendant withdrew the plea of justification and had undertaken not to repeat the offence alleged, and in such circumstances, the prosecution, with the leave of the court, would go no further.

Mr. Elliott confirmed this statement, and Mr. Evans further said that, though the prosecutor accepted prisoner's undertaking, there was no question of an honourable settlement, and the indictment could remain on the file, so that if the matters complained of were repeated, the trial of the indictment would be pursued. The Common Serjeant considered that that was probably the best course to adopt, and consented to the plea of justification being withdrawn; the indictment on the general issue to remain on the file.

Reference Number: t19071021-58

BAGE, Arthur (25, labourer), PETRIE, Alex. (29, tailor), GODDARD, George (21, labourer), GRAHAM, Robert Erasmus (26, milkman); Bage, Petrie, and Goddard, were indicted for breaking and entering a place of divine worship, and stealing therein six dozen spoons, the goods of Henry Savage and others.

Bage and Goddard pleaded guilty.

Bage and Graham pleaded guilty to burglary in the dwelling-house of William Tarver, and stealing therein an overcoat, a knife, and other articles, his goods.

Petrie was then tried. Mr. De Castro F. Lyne prosecuted.

MRS. GOODARD , 23, Denham Terrace, New Eltham, caretaker of congregational chapel at Foots' Cray Road. On September 23 I locked up the chapel a little after nine. When I went in next night about 6.30, it was all in confusion, boxes of clothes taken off the shelves, etc. We had a sale of work on. There was also an empty boy in which six. dozen spoons had been the previous night. I found the lavatory window open. This window was always open a little; there was a cord attached to it, which had been cut. The spoons were the only things we missed.

Sergeant HEDGES , P. Division. On September 26, at 8.30 a.m., I went to the Manor Road common lodging house, where I saw prisoner and Goddard in bed, and told them I should arrest them for breaking into a chapel at Eltham. They said nothing. At Peckham Police Station Petrie said, "I met Bage last Sunday night with Goddard at the lodging house and recognised him as having been in my regiment. We drank rather heavily, and Bage asked us ii we knew of a chapel we could rob. I said no, and didn't want anything to do with it. We walked together to Eltham, and after the public houses

were closed we went to a chapel. Bage broke a window. I didn't want to be in anything like that, so walked across a field and waited for him and Goddard. The latter showed me a lot of spoons, and we walked back to Peckham. Goddard tried to sell some of the spoons at a shop, and the man would not buy them. I got on a tram and left Bage and Goddard and did not see them again until the evening. Goddard sold some of the spoons at Harvey's shop at Deptford on our way back."

HENRY MORGAN , 251, Southampton Street, Camberwell, furniture deader. On September 24 a man came to my shop with some spoons. I told him I did not buy them. Prisoner is not the man. The man who came had brown boots on; he said he could get work for a matter of 8d., and his father was living at Dulwich, nearly starving.

Prisoner's statement substantially agreed with the officer's report.

(Defence.)

GEORGE GODDARD . I have pleaded guilty to this charge. Prisoner never entered the church or stole anything; he didn't go near the church; he walked across the field, and said he did not want anything to do with it. He advised me not to do it. I never saw him sell any of the spoons.

Cross-examined. Prisoner advised me just before we broke in; I was intoxicated.

To the Common Serjeant. When we came out of the church we met prisoner again; he was walking slowly; we then bad the spoons in our possession, and when we showed them to prisoner he advised me to put them back. The other man advised me not to. I went into a shop and sold a dozen the other two men were with me. I got 15d. for them. I rejoined the others and gave Bage the money. I carried the other five dozen spoons, and took two more dozen to another shop, but the man wanted an explanation of where I got them. I left the two dozen there and never went back for them. That shop was in Peckham. I told the others that the shopman wanted a note, and Bage wrote one and asked me to take it back, but I would not, so he took the rest of the spoons and sold them. Before that prisoner jumped on a car and left us. Bage had all the money; he bought a pair of boots with it.

Prisoner (not on oath). I think I have proved myself clear of breaking into the chapel or stealing the property. I advised Goddard not to do it, but he was too drunk to listen; I told him he would spoil everything and be sorry for it.

Verdict, Not guilty.

Against Bage several convictions were proved, one for sacrilege. It was stated that he took out with him men who had never been convicted and committed crimes with them.

Sentence, Five years' Penal servitude.

Graham had been twice before convicted. Sentence, Six months' hard labour.

With regard to Goddard, it was stated that he had hitherto borne a good character. He had left the army a short time before, and the Common Serjeant advised him to rejoin if it was possible. Mr. Savage, one of the trustees of the chapel which was robbed, undertook to assist him and report upon him. He was released on his recognisances in £10 to come up for judgment if called upon.

Reference Number: t19071021-59

DUNKLEY, Albert (50, stonemason) ; obtaining by false pretences from John Lines a banker's cheque for the payment of £45, with intent to defraud. Having been entrusted with the sum of £2 11s. to deliver to the Marylebone Borough Council, did fraudulently convert the same to his own use and benefit.

Mr. L. Kershaw prosecuted.

JOHN LINES , 38, Albion Road, Dalston, timber merchant. In 1902 I wished to purchase a vault in Abney Park Cemetery and was in communication with prisoner about it. He had done something for my father and mother's tomb. He called at my office in May, 1902, and I went with him to the cemetery on the Saturday morning. He said he had a vault, which was formerly the property or Jeremiah Colman, mustard-maker. He said he wanted £45. At the cemetery he pointed out the vault, which had Mr. Colman's name on the tomb outside. I agreed to purchase it there and then, and he came back to my office, where I paid him by cheque (produced) on London and South Western Bank. The receipt is produced. At the time I believed his statement that the vault was his property. He said he would forward the grant on Monday or Tuesday, but it did not come. I wrote him the letters (produced), the first on May 9, asking him to forward transfer of vault, to which I had no reply. I never saw his premises until after the transaction. I wrote to his business address, 88, Rectory Road, Stoke Newington. I wrote again on May 12, saying unless I heard by the 14th I should communicate with Mr. Colman. I received the letter (produced) May 13: "I cannot get transfer till the letter part of the week, but will bring it over at once on arrival." I did not receive it. On the 24th I wrote saying that unless I had it by Tuesday next or the money back I should take other proceedings. I then received the letter of May 26: "I shall be at your office on Friday next with grant of vault. Sorry for delay." I wrote again on the 27th, saying I was surprised at his conduct, but would wait till the day he mentioned, and again threatened proceedings. A telegram was sent by me on May 30, saying I had waited at my wharf all day expecting him to call. He never did, nor write to me. A little while after I went to see Mr. Colman, and eventually purchased the vault from him. I then communicated with Abney Park Cemetery, explaining everything, and the next I heard of prisoner was when he was arrested.

To the Prisoner. When I paid you the cheque you said nothing to me about wanting the money to pay Mr. Colman's agent. You asked for an open cheque, and said it being Saturday the money

would be useful to you. I went to the bank with you, but I did not instruct the cashier to pay you. I went with you in order to pay some money in.

To the Common Serjeant. Prisoner did not bring a letter from Mr. Colman asking him to find a purchaser, nor say that there was such a letter, nor that he was acting for Mr. Colman. Having previous transactions with prisoner I naturally thought I was dealing with a straightforward man.

Re-examined. I never heard of Mr. Colman's agent till I went to see Mr. Colman. I made two or three inquiries about prisoner after this, and heard that he was a shifty customer, but I did not wish to take police action in case he might wriggle out of it and bring an action for false imprisonment.

JEREMIAH COLMAN , chairman of Colman and Co., Limited, mustard manufacturers. I live at Gatton Park, Surrey. In 1902 I wished to sell a vault at Abney Park. I had not seen prisoner before the police court proceedings, as far as I know. In 1902 my estate agent (now dead) had correspondence with a Mr. Dunkley, who I understood made an offer for the vault of £32, which I was ready to accept. I never received the money, so cancelled the agreement by writing. In May of 1902 Mr. Lines called on me, and I sold him the vault in September.

To the Prisoner. It is possible that you wrote to me about the vault. My agent at Gatton Park would have written you in reply; it is very unusual for me to sign a letter myself. I nearly always sign my letters from Cannon Street. I did send my agent to see you. My agent would report to me, and I know that telegrams passed between him and "Albert Dunkley."

To the Common Serjeant. We understood prisoner had a purchaser, and that he would complete the purchase and then transfer it to his customer. When Mr. Lines called and gave me certain information I wrote and asked Dunkley to complete, and ultimately I think about September 1—I wrote saying I considered the transaction at an end.

THOMAS WILLIAM WENTWORTH , 158, Great Titchfield Street, tailor. In August, 1905, I saw the prisoner and had a conversation about a grave in which my uncle was buried, in Abney Park Cemetery. Prisoner agreed to repaint it for £2, which I paid him, and the grave was repainted. My wife was buried in Abney Park, but there was no stone over her grave, so I asked prisoner what he would charge for one. I had a printed circular from prisoner's place of business; it may have been the same as the one produced. The letter produced was sent me by prisoner, where he offers to paint the monument for £2. I paid him £1 18s., as he allowed 2s. discount because he wanted the money. In regard to my wife's grave, he offered to put up a stone, and showed me two photos, which I said I would submit to my daughter, who selected the one she liked, and then I saw prisoner again. He said the stone would be about £4, I think. I paid

him £2 on account. (Receipt produced.) On December 18 he called and showed me a memo, from the Cemetery Department, Town Hall. Marylebone. Lane, saying that the cost of purchasing grave would be £2 11s. Prisoner said this ought to be paid, and he would take it from me to the Court House and get the grant, as perhaps next year it would be a little more, so I gave him £2 11s., which I understood he paid away. He called again about December 30 and asked for £1 to pay his workmen, which I gave him. (Receipt produced.) I never saw him after that. I wrote one or two letters, but received no answer. I believe I wrote to Fleetwood Street, Church Street, Stoke Newington, one of his addresses. I went to Abney Park Cemetery and saw my uncle's monument was painted. My daughters went to the Marylebone Cemetery, Finchley. On May 9 I received a letter, "I am sorry I did not see you at Abney Park Cemetery. Your stone will be fixed May.18 without fail." I suppose he had heard I was at the cemetery on the 18th. I heard nothing more till prisoner was in custody.

To the Prisoner. You did not come and tell me that the Marylebone Council refused to take the money until you showed them a drawing of the headstone and copy of the inscription. You had the words My daughter says the stone is not fixed at Finchley Cemetery.

To the Common Serjeant. I never inquired at prisoner's shop as to whether the stone was put up.

JOHN KNIGHT , clerk, Cemetery Department, Marylebone Borough Council. I handed the document produced to prisoner, dated December 18, 1905, as to the cost of purchasing grave, £2 11s. We do not allow gravestones to be put up till the ground has been purchased out and out. I have no recollection of saying to prisoner anything about the inscription. He has ever paid the £2 11s.

To Prisoner. It is usual to submit a drawing of stone and copy of inscription. The fees are not paid by the stonemason as a rule; it is usually done by the relatives of deceased."

Detective ROBERT SHARP , N Division, deposed to charging prisoner on October 11 with the offence in Mr. Lines's case, to which prisoner made no reply. On the same day he was charged respecting Mr. Wentworth, to which he also made no reply.

(Defence.)

PRISONER (not on oath). Some years ago Mr. Colman purchased a vault in Abney Park Cemetery for the interment of a child and erected a tomb on same. I have restored this tomb for him several times. About five or six years ago he had the child removed to Norwich to be reinterred. I wrote to 108, Cannon Street to ask him if he would sell the vault. He answered that he would be pleased if I could find a purchaser, stating that it cost him about £100. Soon after a gentleman called at my works, Mare Street, saying he was Mr. Colman's agent. I asked him what he wanted for the vault; he

said £40, and left his address, Gatton Park, for me to communicate. A week or two after I telegraphed offering £35, to which he agreed. I tried several customers but could not tell. I had just done some work for Mr. Lines, and knowing his family grave was full, asked him if he would buy this one. He came and saw it and agreed to give £45. He wrote me cheque for same, and I asked him to leave it open as I wanted to pay the agent, and for the grant transfer. He said, if that was the case he would accompany me to the bank, which he did, and cash the cheque, four £10 notes and £5 in gold. I want to impress on the jury the reason I have not paid the money to Mr. Colman for the vault. I am wrong here I know, but I cannot help that. In June, 1900, my father died giving me a small legacy, and an eighth share in the residue of the estate (prisoner read a long statement about his share in the will. etc., the gist of which was that the money was not forthcoming when he expected it, and he had got into difficulties thereby. When he received money he cleared off his debtors with the exception of Mr. Lines). I am now ready to complete the work for him. I am perfectly solvent, and have money owing. I have been at Abney Park Cemetery 34 years, and have never had a complaint from the cemetery since I have been there. I am perfectly willing to come to an agreement for the return of the money. I have never had a conviction. I have nearly 100 testimonials from City people, starting with Mr. Winston Churchill.

To the Common Serjeant I could not send to my place for Mr. Wentworth's stone as I have been in prison three weeks and cannot get in communication with anybody. I have no works now. I cannot tell you where the stone is.

Verdict, Guilty only on the charge respecting Mr. Wentworth.

It was stated that there were two other indictments, one of uttering, well knowing it to be forged, an order for delivery of a marble cross, and the other of stealing same.

The Common Serjeant said that as that was a more serious charge he would go through the depositions to see whether there was substantial evidence to warrant going on with the trial.

(Friday, October 25.)

On taking his seat the Common Serjeant said he had read the depositions; there seemed to be nothing to negative the defence put forward, and he did not think it worth while to go on with the case. It could be left on the file of the Court so that it could be brought up again, if desired.

Concerning the conviction of misappropriation, Police-sergeant Sharp said that prisoner had been carrying on similar frauds for some time, but there had been no actual convictions against him. Sentence, Five months' hard labour.

BEFORE MR. JUSTICE A. T. LAWRENCE.

(Friday, October 25.)

Reference Number: t19071021-60

MAY, Nellie ; attempting to commit suicide; attempting to kill her child.

Mr. J. P. Grain prosecuted; Mr. Curtis Bennett defended.

Dr. GRIFFITHS . Prisoner is in hospital and is in a very weak and collapsed condition. I do not think she is fit to go through a prolonged trial. I think it would be to her benefit if she went to her married sister, who will take care of her.

Mr. Curtis Bennett said prisoner would plead guilty to the charge of attempted suicide.

Mr. Justice A. T. Lawrence said it was a very painful and difficult case, but under the special circumstances he thought that was the better course.

The case was then adjourned for the attendance of the prisoner.

At a later stage prisoner attended and pleaded guilty of attempted suicide. The Jury, under the direction of the Judge, returned a verdict of Not guilty upon the charge of attempting to kill her child.

Mrs. Richardson, sister of prisoner, said she would be a surety for her and would take care of her until she found another situation, and would keep the little child as long as she was wanted to.

Prisoner was released on her own recognisances in the sum of £10, and one surety of £10, to came up for judgment if called upon.

Reference Number: t19071021-61

WILLIAMS, Henry (60, labourer), COOPER, John (66, labourer), and KENNY, John (37, labourer) ; entering certain land in the occupation of William Gundray, by night, the three of them being together, armed with sticks and other offensive weapons, for the purpose of taking and destroying rabbits; unlawfully assaulting and wounding Charles William Boxford and Edwin Sharp, and causing them bodily harm.

Mr. L. Kershaw prosecuted.

CHARLES WILLIAM BOXFORD , Rose Cottage, Chequers Lane, Potters Bar, gamekeeper to William Gundray. Edwin Sharp is my assistant. On the night of October 2 I was with Sharp at about 11.30 p.m. in what is called the big wood at the back of North Lodge, Enfield, near a meadow called Pond Meadow. We had a dog, and in consequence of its growling I turned on my electric torch in the direction of Pond Meadow and saw three men in the act of taking up a net. I went up to them and said, "What are you doing here?" Cooper immediately struck me on my head with a stick cut for the purpose. I closed with him, and while we were struggling on the ground I saw Williams making off with the nets, so I said to Sharp, "Go for that man!" He followed him. Kenny came to Cooper's assistance and commenced kicking me on the body and legs, and when I was being overpowered I called for Sharp. Just before he arrived Kenny dealt me a severe blow on the head with a stick, rendering me unconscious. Afterwards Williams came and struck me on my arm

with a stick, and Cooper and Kenny threw stones. I kept Williams there till we got more help. I had blown a whistle for help. Aughton came up. We detained Williams, but the other two had gone away. Williams did not want any holding because I had knocked him down. On the ground there was this net (produced) about 50 yards long, and this frame for stretching out the net. There was also a dog belonging to Williams and some stones which had been thrown at me. I picked them up in the field. There were two rabbits, still warm. This stick (produced) was found by the side of Williams.

To prisoner Williams. The stick was not 20 yards from you when I picked it up, but close to you.

To prisoner Cooper. I saw you with a stick. I did not knock you down when I first saw you. You were the first man who struck me. I did not find these stones on a flint heap. I had never seen you before. Two other men were taken in charge at Tottenham Police Court, Walter Reed and Edward King. They were put among other men and I picked them out and they were charged.

To prisoner Kenny. I did not swear that a man named King assaulted me nor a man named Reed.

To Mr. Justice Lawrence. The two other men arrested were discharged by the magistrate. I did not swear to them being the men who assaulted me.

Re-examined. I am quite certain of the men. Pond Meadow was pasture land, and there are no stones in the meadow. I went there the next day and found none except those which have been produced.

EDWIN SHARP , assistant keeper to Mr. Gundray. On the night of October 2 I was with Boxford. I saw three men taking up a net. Boxford walked towards them and I went behind him. He turned on his light and the three men drew back and he closed with Cooper. Williams went to get away and he told me to go after him, which I did. Williams was taking away a net and a few rabbits. He got as far as the fence and I pulled him out and struck him. I heard Boxford calling for help and went to him, leaving Williams, whom I had pulled out into the meadow. Kenny and Cooper were on the top of Boxford. I struck the first one, Kenny. They were knocking him about. Kenny came for me and struck me on the right arm. We struggled and Kenny got away. Then Williams came up and struck me on the right shoulder. I knocked him down and he stayed there. Kenny ran away. I did not see Cooper then; he went away in the dark after I left him with Boxford. A whistle had been blown, and when Aughton came up Cooper and Kenny had both gone away. A stone was thrown at Boxford, I could not say by whom. All three men were together at the time. The net, these sticks, and two rabbits were found there, and these stones were picked up. The big stick was found close to Williams. He had struck me with a stick.

To Williams. You hit me when you came back from the scrummage.

To Cooper. I did not see you get away.

To Kenny. At the Enfield Police Station I did not pick anyone out, nor at Tottenham.

To Mr. Justice Lawrence. I saw no one but these three men. I am sure that Kenny is one of the three.

GILBERT AUGHTON , farm bailiff, North Lodge Farm, Enfield. On October 2, about 12.30, I heard some dogs barking and a whistle blown just as I was going to bed. I went towards Pond Meadow and there I saw Williams lying on the grass. I helped to find the short net and the stick used. This stick was lying about four yards from Williams. I did not find the stones. The two rabbits were in the bag. The police and the doctor were sent for.

Police-sergeant HENRY EDDINGS , Potters Bar. On October 2 I received information and went to the North Lodge Farm. I arrived about midnight and found Williams detained there. I told him I should take him to the police station for night poaching and for assaulting the keeper Boxford. He made no reply. On the way to the station he threw this stone (produced) away. He took it from his right-hand side coat pocket. He was taken to the police station and seached, and this small flint was found in his right-hand coat pocket. When charged he said, "Oh, did I assault him?" meaning Boxford. The divisional surgeon was sent for. Williams was suffering from a wound on his head and so was Boxford.

To Williams. I saw you throw this stone away, and picked it up immediately, not the next day. It is not true that I went with my lamp to try and find it and could not.

Detective ALBERT COURT , Southgate. At 3.30 p.m, on October 3 I was with Detective Summers in West Street, Edmonton, and saw Cooper go into No. 47. I followed him and said, "There is a warrant for your arrest for night poaching last night" He said, "Oh." He was partly dressed. I asked him if he lived at 47 and he said, "No, next door." I took him to 45 where Detective Summers was. He had the warrant and took it out of his pocket. Cooper said, "I do not want to hear that; I know all about it. Give me my boots." He was charged at Enfield Police Station and made no reply.

Detective ALBERT SUMMERS , Enfield. With regard to King and Reed, whose names have been mentioned, early on October 3 I received information that a poaching affray had taken place, and also a description of the two men who had got away, by telegram. I made inquiries and arrested two well-known poachers, who I know had been poaching that night, (but not with this gang. They were Reed and King. They were detained at the police station and subsequently charged. I afterwards took them before the Magistrate and had them discharged. No evidence was offered against them. Neither Sharp nor Boxford swore to them as being the men. It was merely an arrest by myself on suspicion. On October 3 I received two warrants

from the Tottenham Bench for the arrest of Cooper and Kenny. I went to the front door of No. 45, West Street, Edmonton, having ascertained that Cooper lodged there. I knocked and was told he was not in. Afterwards I saw him brought back by Court. I took out the warrant and he said, "I do not want you to do that; I know all about it." When charged he said, "All right." On October 4, as. I was taking him to the Wood Green Petty Sessions, he said, "My ribs are very bad. Someone must have kicked me as well as hit me on the head. I never hit anyone. It was the other man who struck them. But if I had not been there I should not have got this." He was remanded. On October 7 Williams and Cooper were charged at Enfield Petty Sessions with assault. Cooper said, "Williams nor me never struck anyone; it was Kenny that done it." At 45, West Street, when I arrested Cooper, I found this 50 yards net hanging on a peg in the room he occupied. I said, "You have a net here, Jack." He said, "Yes, I am making that for someone." I said, "I will take possession of it for the time being." He said, "You will not have it; it belongs to another man. He has paid me 15s. for it, and he has got to give me another 10s. before it becomes his property." On October 8 I arrested Kenny at his house. I had been there many times, but that was the first time I could see him. I took the warrant out of my pocket. He said, "I do not want you to read that; I know all about it." I read the warrant, and he replied, "All right; I suppose we shan't get much." On the way to Enfield police station he said, "I shan't know anything about it. "When charged he replied, "All right." On October 7 I went to the Pond Meadow to see if there were any stones of this kind about and could find none. The hay has been taken off this season.

To Cooper. I arrested King and Reed. I saw you at the end of Baker Street, close to Silver Street. Neither King nor Reed are 6 ft. high. I know them.

To Kenny. When I read the warrant you did not say you knew nothing about it.

HERBERT VAUGHAN JACKSON , divisional surgeon, practising at Potters Bar. On October 3 I was sent for to the police station and examined Boxford. He was suffering from a lacerated wound of the scalp about two inches long, which I dressed. After an interval of some days I examined him again and found a bruise on the leg. The wound on the scalp might have been caused by a stick like the one produced. The wounds were not serious, but it is impossible to say what may have followed. Williams had a very similar wound on the scalp which I dressed. I saw no others.

Verdict, all Guilty.

It was said there were no previous convictions against Williams. Kenny had 21 convictions for game trespass against him, dating from 1888. There were five convictions against Cooper for assault and one for unlawful possession of rabbits.

Sentences, Williams, One month's hard labour; Cooper and Kenny six months' hard labour.

Reference Number: t19071021-61a

ROBINSON, Frederick (31, printer); maliciously wounding Elsie Hawes, with intent to do her some grievous bodily harm.

Mr. Torr prosecuted. Mr. R. F. Graham-Campbell defended.

Mr. Graham Campbell said the prisoner withdrew his plea of Not guilty, and pleaded Guilty.

Mr. Graham-Campbell said the case was an extraordinary one, prisoner having a very excellent character. It was a most mysterious matter.

Medical evidence was given by Dr. Scott that prisoner was rather eccentric, but in conversation coherent and rational, without delu-sions.

Mr. Torr said that the suggestion of the prosecution that the assault was committed for the purposes of robbery had not been abandoned.

Mr. Justice A. T. Lawrence. I want Dr. Scott to keep prisoner under observation till next Session.

Sentence postponed.

Reference Number: t19071021-62

SULTZBERGER, Charles (35, clerk) ; feloniously sending and causing to be received by Selwyn Francis Edge, a letter threatening to kill and murder him; on August 22, 1907, maliciously publishing a certain false and defamatory libel of and concerning the said Selwyn Francis Edge; on August 24, 1907, maliciously publishing a certain false and defamatory libel of and concerning the said Selwyn Francis Edge; On September 6, 1907, maliciously publishing a certain false and defamatory libel of and concerning the said Selwyn Francis Edge; on September 7, 1907, maliciously publishing a certain false and defamatory libel concerning the said Selwyn Francis Edge.

Mr. H. G. Rooth prosecuted. Mr. G. F. Hohler, K.C., and Mr. E. Josephs defended.

SELWIN FRANCIS EDGE . I carry on business at 14, New Burlington Street, W. I am chairman and managing director of S. F. Edge, Limited, 1907; chairman and managing director of De Dion Bouton, Limited, and sole world's selling agent for Napier's. I also hold the world's record at Brooklands. I am therefore much interested in motor car manufacture. I have known prisoner a great many years; in fact, since when at school. I knew him when he was with Mr. Napier two or three years ago. I know his handwriting very well. I have seen a great deal of it. I have had no grudge against him and was very sorry when he left Napier's. I asked Mr. Napier why he left, and he said he left of hit own free will. There is no reason why he should have a grudge against me. I received a letter dated August 22, through Mr. Cook, Mr. Napier's solicitor. It is addressed from 43, Larkhall Rise, Clapham, S.W., to me (letter read). I did not reply to it, but handed it to my solicitor. These letters and postcard (produced) I obtained from Mr. Napier's solicitor. The postcard ran, "And after I have shown that white-faced, adulterous cad up, I will kill him." Looking at these letters and at the card there was no question in my mind that it was in Sultzberger's hand-writing. The writing is somewhat different, either disguised or

written in great haste. I took a serious view of the matter and sent the letters and postcard at once to my solicitor to find out what was the best thing to do, and proceedings were taken before a magistrate for the defendant's arrest.

Cross-examined. Sultzberger has a very good character, so far as I know. I know nothing against him. Anything I can say about him is to his good. I took Police Court proceedings in September, the information being sworn on the 19th. I got the letters about two days before that. My telegraphic address is "Notrifier, London." On September 11 I do not remember receiving a telegram signed Sultzberger to this effect: "Confirm my letter August 22 in Napier's hands." Telegrams would be opened in the office and would not necessarily be brought before me. The way I came to go to Mr. Napier's solicitor was that Mr. Napier asked me if I had had a letter from Sultzberger, and said that he had had one. I said I should like to see it, and he said Mr. Cook had got all the letters. I at once telephoned or wrote to Mr. Cook. Two days afterwards I applied for a warrant. I thought if the man would write such a postcard it was dangerous, and he should at once be put under restraint. I knew prisoner's brother and himself. They are respectable people. Undoubtedly there are mechanical differences in the writing of the postcard and that of the letter. It seemed to me the postcard was written in haste or disguised. It is somewhat different from any of his I had seen. Mr. Gurrin was not called at the police court. He is to be called because I wish the truth ascertained. I have gone at desperate speeds on motor-cars, but I never thought I faced death. I took this postcard seriously.

Re-examined. I drive myself, and do not feel there is any risk.

MONTAGUE STANLEY NAPIER . I carry on business at Acton Vale and am a director of Napier and Sons, Limited, motor manufacturing company. Defendant entered my service in 1899, starting at a small salary and eventually rising to £5 a week. He conducted himself respectably and to the best of his ability. He left in 1905 of his own initiative. I have received a dozen letters perhaps from him since he left, some of the earlier ones stating he was not able to get employment. I received a letter from him on August 22, 1907, containing an enclosure to Mr. Edge, which I did not forward. I received another letter on the 24th from him, stating that he had failed to stamp the letter to Mr. Edge and enclosing one. I was daily associating with him there. Many years ago I had an employee named Munn. I do not remember seeing the effusion referred to. I know prisoners handwriting. The letters are all his, and I believe the handwriting on the card is his.

Cross-examined. I have never heard anyone apply the term "adulterous" to Mr. Edge; it has no application to him. "White-faced, adulterous," is not an apt description of him. There are marked dissimilarities between the handwriting on the postcard and the letters. I should say the postcard was written in a great hurry

I have never noticed such dissimilarities in his writing before. Since he left we have been friendly.

Re-examined. The terms "mongrel waster" and "dishonourable cheat" also do not apply to Edge.

To Mr. Justice Lawrence. Prisoner did not leave my service in consequence of anything to do with Edge, and I know of nothing to explain the letters. Schofield is still in my employment.

THOMAS HENRY GURRIN , Bath House, Holborn Viaduct, specialist in handwriting. Four letters and a card have been put before me, which I have examined. All four letters are written by one person. To the beat of my belief the card is written by the same person who wrote the letters.

Cross-examined. I do not profess to be infallible. I have my report in writing in my pocket. (Photographs of the postcard were Banded to the Jury.) There are some things which are different in the postcard, but I should not describe them as "marked dissimilarities." The "t's" are differently crossed. The terminations of me capital letters on the card go to the left; in the letters they generally go to the right—I think invariably. It is not a marked peculiarity. No writer does anything invariably. It looks as though the card had been written under very strong excitement. I have seen similar cases before where excitement altered the general apearance of the writing. In the letter the "W. H." in "W. H. white" are distinct; in the postcard they run into one another and the "W" is different. There is a difference in the terminations of the "e's." The "E" in "Esq." on the letter is different from that of the postcard in to far as it is an independent letter, but it is not unlike it in design or size. The downstroke of the "q" touches the upstroke on this letter; in the postcard it does not, but otherwise the "q's" are very much alike. The figure "5" on the postcard is different in appearance from that on the letters. The "d" in "Road" is not the same as in the letters, but it appears to be somewhat like it I think the word "Putney" is deserving of comparison on the letters and card, and also the "W" beginning the address. Also the figure "4." The "5" is not very good. I do not say it is a "nasty knock." Then there is the "R" in "Rusholme Road." The "S.W." is rather different, but the "S" is similar in being of the printed form, but it is not connected with the next letter. I refer to the "S" in the words "September 6th." There are two ways of Baking the final "d" on the postcard. There is a "d" on this letter in "Limited" which is not unlike the "d's" on the postcard. It is not a facsimile. On the postcard the "h" goes considerably below the "C" in "Charles" and it does not in the letters, but the "C" is not altogether different. The "S" on the card is rather distorted. But is not quite different; it is somewhat different. I do not find the same crossing of the "t" on the card at in the letters. There is a difference in the signatures. The "g" is different and also the final "r," but, on the other hand, the "r's" written in the

same letter differ. The appearance of the writing on the card suggested to me that it was written in a hurry. I do not say it was disgussed. I cannot find any particular letter on the card which has a marked similarity with the writing on the letters. In the whole of the word "Putney" one finds in the letters a certain peculiarity which is reproduced in the admitted specimens; also the "K" and the "W." There is a peculiar throw-back at the end of the name "Sultzberger" which appears in one form or another at the end of every one of the signatures. Those are the main things I have pointed out in my report. Those are the things which struck me as being quite sufficiently alike to justify me in thinking the writing was the same.

Re-examined. The swing-back at the end of the signature on the card is in all of the letters. In this new letter placed before me of July 23 to White I observe the formation of the "S," the cast back of the "r," and the word "Putney," which are similar to those on the card. The whole design of the "P" is very similar, and so is every letter to the end.

WILLIAM HENRY WHITE , accountant to Napier and Sons and other firms, 73. Basinghall Street. I have known defendant a good many years and know his handwriting well. I should say the letters and the card are all in his handwriting. The letter of July 23 which has been produced was written to me by him. I received the letter of September 6 on the morning of the 7th, I think. By "waster" I took him to mean Mr. Edge. I received a postcard on the evening of the 7th with the postmark "Clapham" upon it, dated by the post-master" 7th September." It says, "And after I have shown that white-faced, adulterous cad up I will kill him.—Charles Sultsberger." I believe that to be in Sultzberger's writing.

Cross-examined. I do not think I have ever seen any writing of his which more closely resembles that of the postcard than the letters now before me. Mr. Edge's company had the sole right of selling Napier's cars, but I took the words "mongrel waster" to refer to Mr. Edge. I do not know they referred to a man named Rain-forth who was in Mr. Napier's employ. I do not think Rain forth has any influence over Mr. Napier beyond business matters. In the letter of July 23 the "heaven-sent treasure" was Rain forth. My correspondence with Sultzberger did not refer principally to Rainforth.

Re-examined. Rainforth is not a member of the Edge Compact. The words in the same letter, "What an object-lesson this case will prove to our Socialistic friends" obviously cannot allude to Rain forth.

WALTER MUNN . secretary of the De Dion Bouton Company, of which Edge is chairman. I received a letter dated September 13 from Sultzberger which states "caustic mention has been made of a letter sent to you by your present chairman." That must refer to Edge.

Detective sergeant TOM ANDREWS, W. Division. I executed a warrant for defendant's apprehension at 43, Larkhall Rise, Clapham, on September 19. Before I read the warrant I told him I should arrest him. He said, "It is absurd." I read the warrant, and he said, "Well, I have not done so. This is most extraordinary." The warrant was that he "Feloniously and maliciously sent and uttered and caused that the same should be received knowing the contents there—of a writing threatening to kill and murder one Selwin Francis Edge." Defendant continued, "This is most extraordinary. I have a copy of the letters I sent to Mr. Edge and to Mr. Napier." We went to Clapham Police Station. When the charge was read over he said, "I cannot understand the moaning of it."

Cross-examined. I arrested him about 10.15 p.m. He went to a market of letters which he said were copies of those he had written. I saw they were numbered consecutively. He gave me one copy and I saw the others. There were letters which followed on afterwards. I looked at the bundles and satisfied myself that that was correct. This copy was found on him at the station when searched. I saw him take it from the bundle. The numbers are 63 and 54. I did not examine the other letters. So far as I could judge, he was thoroughly and genuinely surprised when I read the warrant.

CHARLES SULTZBERGER (prisoner, on oath). I was born an English-man and have lived in this country all my life. I was formerly clerk to Mr. Napier for over six years. Since I left him I have only had short engagements. The letters of July 23 and August 22 and 24 are in my handwriting. I did not write this postcard handed to me, nor did anybody write it on my behalf. I knew nothing about it until I saw it at the police court. The statement made by Serjeant Andrews as to what happened when he arrested me is perfectly correct. I took from a bundle, which contained copies of the letters I had written, the copy which he produced to-day. The term "mongrel waster" in my letter of September 6 to Mr. White referred to Rainforth. He made a suggestion, to which I refer in that letter. Mr. Napier acted upon that suggestion, and that was the cause of my resigning my position. The suggestion Rainforth made was to transfer away from me practically what constituted the buying, which I had been doing previously, which was the moat onerous of my duties. Previously I had Had a free hand—of course, under Mr. Napier's advice in the more important matters. I left in July, and I think Rainforth went there the previous March. I left, after seeing my brother. He advised me to leave. I left without giving notice. I offered a week a money. Mr. Napier had previously told me that Rainforth was not to interfere with my work in any way.

Cross-examined. In my letters which have been put in there is no reference to Rainforth by name, but I called him "that heaven-sent treasure." In other letters his name does appear. "Mongrel-waster" had no reference to Edge. Edge would be in daily contact

with White and Napier. Rainforth would have to do with White. He was in touch with all the chief employees. The first part of the letter of September 6 refers to Edge. "The dishonourable cheat" means Edge. I am sorry. The words, "Those who touch tar are sure to be defiled," refer to Rainforth. As to what follows, "So I am afraid Mr. Napier's name will suffer accordingly," I cannot say how Mr. Napiers name was to suffer through Rainforth. (To Mr. Justice Lawrence.) Rainforth told a lot of lies in order to gain his end. (Cross-examination continued.) Rainforth had great influence although he only came in after the business was practically made and built up. There was a very great change due to him. The passage, "What an object lesson this case will prove to our Socialistic friends," referred to Edge. I admit that those letters are rather confused. This begins and ends in reference to Edge, and in the middle it deals with Rainforth. As to the "lesson" to be inflicted, it was upon Mr. Napier, who had not treated me fairly. The words "lying mongrel" refer to Rainforth. I made a mistake in saying I would publish the correspondence, and I did not do so. I do not remember when I posted the letter of September 6. I think about lunch time. I should say the person who signed the postcard must know me The postmark is from the same postal district as the letter. The person would certainly know where I live. It wan a plot or a very bad joke. I cannot suggest anybody who would be likely to perpetrate it. (To the Court.) One or two people knew there wan some correspondence with White. I do not think I told anybody the terms of the letter written to White, but I am not sure. (Cross-examination continued). I have observed that the postcard appears to be a continuation written by somebody who knew the contents of the letter which had gone before. It struck me as very curious. I cannot say I had any confidant. From my side nobody knew the contents of the letter of September 6. I was going to inflict a lesson upon Mr. Napier, with respect to Mr. Rainforth. The prospectus had a bad effect upon me, because I had lost money in these industrial companies. I do not mean companies connected with motor-car manufacture; they are too risky. I sent the letters to Edge under cover to Napier because there had been correspondence between Napier and myself which has not been read, and in one letter to me there was a statement which, in my opinion, was entirely opposed to what the prospectus said. In one letter I stated he had obtained money improperly from the public. I did not send the evidence to "Truth," "John Bull," and "Motor Finance," as I threatened; I thought better of it. I thought there had been evil practices. There was a covert threat against Edge in one letter, but Napier told me he had not forwarded it to Edge, and I took no steps to send a copy to him. On second thoughts I decided to drop the matter. I never said, "Do not forward that letter to Edge." but Napier sent my penny stamp which I enclosed back. Napier said be would not be the medium of communicating such an abominable letter. The expression I used, "fallen among thieves," was a general

one. My mind was terribly upset. The words, "with what scorn I remember the charming effusion that contemptible creature wrote to Munn" refer to Edge. I did not write the postcard. On that night I was not excited; I was low-spirited. I cannot remember what I did, but I certainly did not write the postcard. That is a thing which one would not forget. Whatever resemblances there may be in the writing suggest to my mind that the person who wrote it had my writing before him. I could not dare to make a suggestion as to anyone having a feeling against me.

Re-examined. The postcard is not stamped. I have never posted anything unstamped as far as I recollect. I have never written like the writing on the postcard. There had been considerable correspondence between Mr. Napier and myself with regard to the statements in the prospectus, and since 1905 with regard to Mr. Rainforth. Rainforth was made the buying agent. He also suggested that two or three of my junior clerks should leave me and he put under him. I had no reason to call Edge white-faced or adulterous. When I heard it at the Police Court it struck me as absolutely ridiculous. How Mr. Edge took it to himself I cannot understand. I had no intention of doing any physical injury to Edge or anybody else. I should be afraid to.

Verdict, Guilty.

Mr. Rooth said Mr. Edge had not a vindictive spirit in the matter, but merely wished to be protected.

ALBERT SCHULTZBERGER , brother of prisoner. My brother has been depressed from want of employment He has often said to me he did not know what would become of him. He has not had money trouble because he has money of his, own, and I was in a position to help him if he had wanted it. I think what has been the trouble with him is that he has had nothing to do. I think his promise can be relied upon, and I am prepared to become his surety.

Mr. Justice A. T. Lawrence. (To Prisoner.) Will you give me your word that you will not in any way molest or annoy either Mr. Edge or Mr. Napier in future?

The Prisoner. Absolutely, my Lord. I should very much like to go abroad at once.

Prisoner was released on his own recognisances in the sum of £500, and one surety of £200, to be of good behaviour and to come up for judgment if called upon.

BEFORE THE RECORDER.

(Friday, October 25.)

Reference Number: t19071021-63

SKINNER, Harold Edward (30, clerk), and MILES, Harry; Skinner being employed as clerk to the Central London Sick Asylum District, wilfully and with intent to defraud did falsify a certain ledger belonging to his said employers, and also certain documents, to wit, the accounts for the months of October, November, and December, 1906, and April and May, 1907, rendered to his said employers by Walker Brothers; Skinner procuring by false pretences certain valuable securities, to wit, cheques of the value of £197 5s. 11d., £249 3s., £206 17s. 7d., £234 19s. 10d., and £235 6s. 11d., to be paid to Walker Brothers, for the use and benefit of himself and such Walker Brothers, in each case with intent to defraud; Skinner being a servant to the Central London Sick Asylum District did unlawfully conspire with certain other persons trading as Walker Brothers to cheat and defraud his said employers; Skinner unlawfully? falsifying the general ledger of the Central London Asylum District in regard for £14 17s. 8d. and £19 13s. 2d. respectively, with intent to defraud; Miles obtaining by false pretences from the managers of the Central London Sick Asylum District cheques for £64 3s. 4d. and £67 9s. respectively, with intent to defraud; both conspiring and agreeing together by false pretences to defraud the managers of the Central London Sick Asylum District of cheques for £64 3s. 4d. and £67 9s., and the sum of £26; Miles unlawfully aiding in the commission of the said misdemeanors.

Skinner pleaded guilty of all the charges. Miles pleaded guilty of obtaining the two cheques, and of the conspiracy.

The two persons with whom Skinner had conspired, John Joseph Walker and Harry Miles the other prisoner, were meat and fish contractors respectively, and contracts had been placed in their hands by Skinner for supplying such goods to the asylum. The system adopted of falsifying the ledger was an ingenious one. It was stated on behalf of Skinner that he had previously borne a good character, and that he had been tempted by reason of insufficient supervision and auditing of the accounts. Miles was also stated to have borne a good character.

Sentences, Skinner, 18 months' hard labour; Miles, Nine months' hard labour.

Reference Number: t19071021-64

ALEXANDER, Louis (27, traveller) ; obtaining by false pretences from Edward Joseph Miliffe a quantity of stationery and one fountain pen, his goods, went intent to defraud; obtaining by false pretences from Ernest William Fry a quantity of fittings, value £25 5s., with intent to defraud.

Mr. W. H. Sands prosecuted; Mr. Degville defended.

ERNEST WILLIAM FRY , Heath field Cottage, Strand-on-the-Green, timber merchant. On July 12 last prisoner came to see me. He was introduced by Mr. Orange, one of our customers, who informed us he had let him a shop. Prisoner said he wanted some shops done up, and that he was a member of the firm of Alexander the Great Tailors, Cheapside. I referred him to my partner, as I simply attend to the clerical work. We eventually accepted the order, and supplied prisoner with goods, value about £25. They were shop fittings,

such as a pay desk and various other oddments required for a tailor. The terms were cash on delivery, but we did not get the cash. About August 12 I called at the shop in Chiswick High Road, saw prisoner, and asked him why the goods had not been paid for. He stated that his father was away motoring on the South Coast, and on his return a cheque would be forthcoming. As I was leaving I glanced up and noticed the name of Bradfield over the shop. I went back to prisoner and asked him why that name was up; he said it was a custom of Alexander the Great to open shops in other names, so as to prevent undue competition from neighbouring tradespeople. I told him that it seemed very peculiar, and I was not satisfied, and would make inquiries at once. I communicated with Mr. Orange, but he was away. In the shop there were a few rolls of cloth; that is all the stock I noticed. After I had made inquiries, I simply communicated with the police right away; that was about 10 days after August 12. I was away for a few days, and when I came back prisoner had left the shop; it was common knowledge in the place.

Cross-examined. It is not uncommon for a man to carry on business under a name not his own. I did not know that the work in question was being done for the father of prisoner. I do not know where estimate for the work was sent to; it may have been sent to Mark Alexander, "care of Scott, the Great Tailors." When prisoner called I simply asked him who he was and where he came from. We were informed on the telephone that Mr. Grange had let the shop to Alexander the Great Tailor; therefore we were satisfied; that was good enough for us. I say that I should not have taken the order, in the way I did if that statement had not been made. I could have put inquiries through the trade agent and got personal references. I deny that the credit was given to Mr. Mark Alexander. We know Alexander the Great Tailor by repute, and his name is good enough for us. I do not know whether there are other Alexander the Greats in other places. I do not know Mr. Miliffe; I met him for the first time at Acton Police Court.

GEORGE HERBERT BAILEY . I saw prisoner before his interview with my partner. That was at 8, Linden Arcade, in the presence of Mr. Orange, the owner of the shop. I asked him what firm he belonged to. He said he was a member of the firm of Alexander the Great tailors. I looked at the shop and saw what was to be done and took particulars, for estimating purposes. I sent the estimate to the address which he gave me—Mark Alexander, care of Scott Brothers, New Kent Road. Prisoner did not tell me what his Christian name was; simply Alexander; but I had reason to suppose it was Mark Alexander. Prisoner came again and asked us to reduce the price, as it was too high; I told him I could not; I would rather lose the order. Then he told me to get on with it, and we asked him whom we were dealing with, He said Alexander the Great Tailor. He said they had branches all over the country, and that very likely he should be having some more shops done, and should be glad of anestimte

for other work. I certainly believed he was a member of that firm.

Cross-examined. The heading (produced) with the address. 24, New Kent Road, I have never seen before. I do not know how the estimate was addressed; that would oe done by one of the clerks; but I know it was sent to Mr. Mark Alexander, care of Scott Brothers, not to Scott Brothers. I was satisfied with the fact that Mr. Grange had let the shop to prisoner. I asked Mr. Grange about it, and he thought everything was satisfactory. The work we did for prisoner would not be of much value unless it was used for the shop.

THOMAS GRANGE , 211, High Road. Chiswick (builder), owner of the shop, 8. Linden, Arcade. I put the house in the agents hands to let after which prisoner came to see me. (Mr. Degville objected to this evidence as not being connected with the charge. Mr. Sands said it was most most material as showing the number of representations the prisoner was making. The Recorder thought it was admissible, and he could not exclude it, as it was in regard to the sane premises) Prisoner wanted to take one of my shops and said be had given the house agent references, and that he was a member of the firm of Alexander the Great Tailors. I let him the shop, which I should have done without reference almost, thinking he was a member of Alexander the Great Tailor. I was out of town when the shop was fitted up. I left on August 1, and did not return until the 29th. When I came back I visited the shop, and saw there was a name on the facia, "Sidney Bradfield."

Cross-examined. In the references that were given to me there was nothing about Alexander the Great, nor was there any reference in the agreement to that name. It was on my recommendation that Mr. Fry did up the shop for Mr. Alexander. I am told now that Mr. Mark Alexander signed the agreement for the letting. It appears that Mark Alexander is the prisoner's father. I have had no rent; he should have paid £7 10s.; that was due on September 29. I have retaken possession of the premises. I never spoke to Mark Alexander in my life; he was not my tenant; it was this man, the prisoner, who represented himself to be Mark Alexander. I cannot say that my memory is very good, but I have not suffered from loss of memory; I do not remember saying so at the police court. I have not discussed this matter with anyone.

EDWARD JOSEPH MILIFFE , 172, Clerkenwell Road (printer). On Saturday, July 13 last, prisoner came into my shop and said he was the son of Alexander the Great Tailor. He said he admired the specimens of the printing in the window, and he wanted a card printed very nicely, as early as possible on the following Monday, as he was going to attend a Conservative meeting in Chiswick. He also said that Alexander the Great was opening shops in different localities, and it was the custom to open them under a different name in each place. I printed a card in the name of Sidney Bradfield, 8, Linden Arcade, Chiswick. Prisoner asked me if I could deliver the cards before six o'clock on Monday evening to "Scott Brothers, New

Kent Road." He said that that was another branch of the firm of Alexander the Great. On Monday evening prisoner called and took the goods away himself, and I personally left some at Chiswick at to ironmongers, within one or two doors of the shop which prisoner opened under the name of Stanley Bradfield. The value of the goods was £5 6s. 9d. The reason I supplied them was that the prisoner told me he was a son of Alexander the Great.

Cross-examined. Prisoner did not say he was the son of Mark Alexander. There was an envelope produced at the police court with an address on it, but I do not remember whether it was "Mark Alexander," or "Mr. Alexander." (Envelope produced.) There it no "Mark" on this envelope. The name is "Mr. Alexander, care of Scott Brothers." Very likely the name of Mark was mentioned. I knew that Scott Brothers trade as "great tailors." I called there after I submitted the sketch of a heading; that was after the prisoner called on me. Prisoner told me he might get me to do a lot of printing for Alexander the Great at the different branches, and after doing the heading for Stanley Bradfield, he asked me to submit mother sketch for a heading for Scott Brothers, and I did so. I should not have executed the order without references, unless the name of Alexander the Great had been mentioned, and I understood that he was acting for Alexander the Great. I am certain that that name was mentioned.

Re-examined. At the police court I said, "I had an impression you were a son of Alexander the Great Tailor, and you said so." I have not been paid for the work I have done.

CHARLES EDWIN JEEVE , 17, Bolton Gardens, Chiswick, tailor. On August 10 I was engaged by prisoner to do some work at 8, Linden Arcade.

Mr. Degville objected to this evidence as the witness earns on the scene long after the transactions referred to, and therefore it was not evidence on the counts against prisoner at all.

The Recorder: It is evidence that prisoner was holding himself out as a particular person.

Mr. Degville: He may have had a guilty intention in the prior act, but guilty intention is not proved by the subsequent act. It wee held in the case of R. v. Holt—I am quoting from Archbold 1900 edition, p. 583: "On a charge of obtaining money by false pretences from A., evidence of a subsequent obtaining of money by the defendant from B., by the same false pretences, was held not admissible." It is R. v. Holt Bell, 280; 30 L.J. (M.C.) 11.

The Recorder: "And where the prisoner was indicted for obtaining eggs by false pretences, he having falsely represented by advertisements in newspapers that he was carrying on a bona fide dairyman's business, whereas in truth and in fact the business was a bogus one, evidence that on occasions subsequent to the transaction the subject of the charge be had obtained eggs from other persons by means of similar advertisements was held admissible."

Mr. Degville: That is another case decided, I submit, on a different ground. There you had exactly the same transaction. Here there is a wholly different one.

The Recorder: The only point is that he is at different times representing himself to be a son of this Alexander the Great. That is a false representation. It is clear on the general principle of law that you can show a man is holding himself out to be a particular person, and you can show he is falsely representing both before and after.

Mr. Sands: Of course, it would be evidence on the third and fourth accounts for obtaining credit by fraud, to show the nature of the whole transaction.

The Recorder: That is one of the things in issue. The jury must be satisfied that it was done with intent to defraud.

Examination continued. Prisoner told me he was the son of Alexander the Great Tailor, Cheapside, and he was engaging me on the latter's behalf. He told me he should engage me to be manager of the shop. As far as I remember he told me his fathers name was Mark. I was at the business from August 10 till the 31st. I saw somebody there—I did not know that it was Mark Alexander, but I saw a person there whom I afterwards found out was Mark Alexander This person used to run errands and rub the windows. I heard that man Mark Alexander give evidence at the police court; it was then I knew who he was.

(Mr. Degville objected to questions as to the business which was carried on. The Recorder upheld the objection.)

Cross-examined. Prisoner told me when he engaged me that his father was Alexander the Great Tailor and was away on the touts coast motoring. I have heard several people have been told that I have seen Mr. Fry several times, but I have not said anything about this case to him; the same applies to Mr. Grange. I should say the reason I became manager was because prisoner told me he was the son of Alexander the Great Tailor. I do not think I should have staked my security had not I known he was connected with some firm. I had to place a security of £5. I do not know what has become of that; I have asked for it, but I have not got it back. I have had £5 worth of goods which I took from the shop; I could not get the money, so I took the goods. I only got a receipt for £410s. in regard to my £5. Prisoner told me when he engaged me that they were opening different shops in different localities under different names. He said there was one in New Kent Road in the name of Scott Brothers and another one somewhere else, and he said this shop was to be "Sidney Bradfield." He showed me a card. He told me his brother was manager of Scott Bros., and I believed at the time that it was a branch of Alexander the Great. I shut the shop up in Chiswick. Prisoner came down in the afternoon and asked me if there were any orders or any deposits, and I told him no. He said, "I want you to pack the remaining cloth up; I am going to take it to some other shop and bring some fresh stuff on Monday." As I knew prisoner had no other shops and was not connected with any firm, and as he was going to take the cloth away and dispose of it as he did previously, and was not coming back, I shut up the shop and waited for two or three personal friends in Chiswick who had paid deposits on goods which they never got.

ADOLPH ALEXANDER . I trade in Cheapside as Alexander the Great Tailor. I do not know the prisoner, and never authorised him to open a shop at Chiswick or anywhere else. He is no connection whatever. Scott Bros is not a branch of my business at all. I could not tell you whether there is an Alexander the Great in Hammersmith.

There are many Alexanders now imitating me. I have a great number of branches.

Detective SUTHERLAND , T Division. On September 29 I saw prisoner in Hoxton; he was about to board a tramcar, and I told hin who I was. I said, "Are you Mr. Alexander., trading in the name of Sidney Bradfield, late of 8, Linden Arcade, Chiswick" he said, "Yes," and I then read the warrant to him, and he said, "I am not the one you want; you want Mark Alexander, my father. I gave the order, but I deny it was by false pretences." He was taken to the station and charged, after which he said, "Now I wish to make a statement." He then made this statement: "That warrant is simply made out 'Alexander'; no Christian name was mentioned. The owner of the business, who is the sole responsible person connected with it, and who signed the lease is Mark Alexander, my father. I merely placed the order at his instance and on his behalf. I was merely acting as his agent. The goods were shop fittings, comprising office fittings which had been put into the shop and were not removed, and to the best of my belief, are still there. I have no knowledge of obtaining fittings by false pretences. As to the West London Joinery Company, they were doing similar work on the premises. I was instructed to arrange with them to add an office at an agreed price of £25 odd. My brother was with me at the time and I deny having mentioned the name of Alexander the Great. I have never been connected with them in any way, and ever represented myself as such. I have had various shops of my own and traded under my own name as Alexander. I deny that I am the person mentioned in the warrant."

Cross-examined. That was a voluntary statement made by prisoner.

(Defence.)

LOUIS ALEXANDER (prisoner on oath). I am a tailor by occupation and a son of Mr. Mark Alexander. Until a short time ago my father was carrying on business as a tailor at St. John's Street, Clerkenwell. In June, 1907, I went to the house agents at Chiswick and asked for orders to view, which I gave my father. My father asked me to call. He is getting old and is not so active as he might be; he is also rather deaf. I told the agents I came on behalf of Mark Alexander, 4, Guilford Place, and the order; to view was made out to that person. First of all they asked what was the nature of the business. I said tailoring. They said, "Anything to do with Alexander the Great?" I said, "No, not such a big firm." I gave my father the orders to view, and he went down and viewed. Subsequently he asked me to go down for him to see Mr. Grange, the landlord, which I did. Mr. Grange said he would be pleased to accept Mr. Alexander as a tenant, provided he had the usual references, and they proved satisfactory. There was no mention of Alexander the Great at all. The agreement was signed by my father, Mark Alexander, and the cost was paid by him. Later on, I ordered a large pay-desk, which was required for the shop. As the shop

fitters were already fitting up the shop, and there was a man on the premises, I suggested that it should be done by them as they were on the spot. I saw Mr. Bailey on the premises and explained to him what was required, and asked him to send an estimate to Mr. Mark Alexander, care of Scott Bros., great tailors, New Kent Road. I never said anything about Alexander the Great or Cheapside. My father was over there a lot and I thought it would be more convenient for him to go there, as, if it arrived during the day, he might miss it. When the estimate arrived about a week afterwards my father said, "Do you want a run," so I volunteered to go down to Chiswick to the works of the West London Joinery Company and see if the estimate could be reduced. He wanted the work done cheaper if possible. My brother went with me, and was with me during the whole of the interview. I cannot remember the date of this. I saw Messrs. Bailey and Fry, and told them that Mr. Alexander thought the desk was too expensive, and asked if they could reduce the price. They said they could not, and I told them to complete the order as per the estimate for £25 odd. I said, "Do you require references?" They said, "I suppose Old Grange had references." I said, "I believe he had references, and am given to understand they are satisfactory." They said, "If it is good enough for him, it it good enough for us." They then showed me over the works. There was no mention made of Alexander the Great Tailor. My brother told them he traded as a great tailor in New Kent Road. The pay desk would be of no value to us except for the work in the shop. We could have got plenty of other firms to do the work. I had no interest whatever in the business. Mr. Fry and Mr. Bailey met me at Linden Arcade one morning, and Mr. Fry asked about the account. I said as soon as my father comes back from the south coast I will do my best to get a cheque. He said, "You had better hurry up; if I do not have my money I will have your body." They both had a long conversation and Mr. Bailey said something about swindling, and both went off together. In regard to Mr. Miliffe's goods, I told him to send them to Mr. Mark Alexander, care of Scott Bros., great tailors, and gave him an envelope addressed there. (Same produced.) I told him they were for that gentleman. and never referred to Alexander the Great Tailor. He asked me if I knew a cutter employed at Alexander the Great, I said I did not know. I have myself had four shops and traded as a tailor. There were some arrangements being made for financing my father in this business by a Mr. Jacobs, but afterwards the thing dropped through. At the time these orders were placed, I thought the money would be forthcoming. When these arrangements fell through, my father wrote letters to all of them explaining that owing to the withdrawal of financial support he could not meet his obligations, and would they be good enough to accept the property back. (One of the letters produced and read.) The value of the goods Mr. Jeeve took from the premises was about £15. He returned four lengths, after he had a picking of it himself.

Cross-examined. I never mentioned the name of Alexander the Great to any one of these our witnesses. The letter produced is in my father's writing. I took £4 10s. deposit from Mr. Jeeve, and 10s. was deducted from one of his week's wages, making up the £5. I was not managing the business at the shop. I only went down now and then on my father's behalf. I only stopped about ten minutes. Mr. Jeeve was supposed to be manager. I should say my father was there a good deal. I told Mr. Jeeve he was to take orders from my father. I suppose I told him my father was the owner of the business; he knew it. He saw my father there a lot. My father did not clean windows nor run errands. He traded at 128, St. John's Street, Clerkenwell, at one shop for 30 years. He had gone out of business; not exactly retired. At the time this transaction commenced he was living at 4, Guilford Place; he had two rooms there but he practically had the run of the house; a friend kept it. I do not know what rent he was paying, nor about his private affairs at all. I had left business in June, and at that time I was negotiating for a business abroad—in Shanghai. I had my own shops at Charterhouse Street, Charing Cross Road, Gray's Inn Road, and Finsbury Park. After that I was managing a shop up to June last. My brother's place is "Scott Bros., Great Tailors, 24, New Kent Road"; it is a very prominent tailor's shop; nothing to do with Alexander the Great. The story of the prosecution as to the misrepresentations is quite incorrect.

Mr. LEVY. I am a brother of the prisoner. He had his name changed to Alexander by deed poll. I went with prisoner, on July 12 to see Messrs. Fry and Bailey. My brother said he called on behalf of Mr. Mark Alexander who, he said, was his father. There was a discussion about the estimate. Prisoner said it was rather too much. There was no suggestion that he had anything to do with Alexander the Great Tailor at Cheapside. My father preferred to call himself Alexander as he thought Levy was too distinct a Jewish name. Prisoner asked Mr. Fry or Mr. Bailey whether they required a reference for Mr. Mark, and one of them said, if he was good enough for Mr. Grange it would be quite all right, or words to that effect. My brother introduced me as "The Great Tailor." I closed my business up a fortnight ago as it did not pay. The bill heading produced refers to my business. The estimate referred to was addressed to Mr. Mark Alexander, care of Scott Bros., great tailors. I started my business 2 1/2 years ago.

Cross-examined. I know the estimate was sent to my father because it came to my address and my father opened it in front of me. We talked the matter over together. I know Mr. Miliffe. He submitted some sketches to me which I have not paid for, as I did not give him an order. They were not satisfactory.

MARK ALEXANDER , father of prisoner. Two years ago I was trading as a tailor, and in June of this year I decided to open another business, and wished to take premises at Linden Arcade. Chiswick. I took my son there with me, because I thought be had a better idea

of shops than I had, and I am rather deaf. My son had not the slightest interest in the business. I asked him to go to the shop-fitter's on my behalf. I received the estimate and I left it to my son to see if he could get a reduction on my behalf. I signed the three years' agreement and provided the references, which were most satisfactory. There was no reference to Alexander the Great Tailor.

(Saturday, October 26.)

MARY ALEXANDER , recalled. Further examined. When I started this business I expected to have full financial control. I was experting to get money from Mr. John Jacobs, 57, Gower Street, my brother-in-law, who is a retired tailor. As to what has been said about my cleaning windows and running errands, I may have put a duster on a window. I do not call that cleaning windows. I take full responsibility for anything my son has done on my behalf.

Cross-examined. When these goods were ordered of Mr. Miliffe I had no money, but I had a certain credit. When the fittings supplied by Mr. Fry were ordered I had money to pay for them at the time. I did not pay for them because that is not usual; it was not due.

The Recorder. Is it not quite clear he had not a farthing of money?

Witness further cross-examined. I was several times at the shop in Linden Arcade before it was opened.

Mr. JOHN JACOBS . I am a retired tailor. Mark is my brother-in-law. I know him as Mark Alexander. His right name I think is Mark Levy. I promised him financial support in this business up to £50 or £100, or even more, if I should think it would be of real benefit to him. I subsequently withdrew that support because when I went to look at the premises in Chiswick there were so many small tailors. When I saw the place it was nothing but a lot of empty benches and shops, and I decided not to lose my money in it. I said I would advance him, but after I saw the shop I refused to do so. I did not tell him to take the shop. I did not approve of the situation.

The Recorder. That is a very easy way of getting out of a promise.

Witness. I have been in business 40 years, and have always paid 20s. in the £.

The jury found prisoner Guilty on the indictment with regard to Fry.

Evidence was given by Detective SUTHERLAND to the effect that although prisoner had not been previously convicted he had opened shops without adequate means and obtained credit. In June, 1907, he was made a bankrupt Sentence, 18 months' hard labour.

BEFORE THE COMMON SERJEANT.

(Friday, October 25.)

Reference Number: t19071021-65

EVENETT, Frederick ; carnally knowing Florence Brigden, a girl above the age of 13 years and under the age of 16 years.

Mr. Donald Maclean (solicitor), prosecuted; Mr. Purcell defended.

At the conclusion of the evidence of the prosecutrix the Common Serjeant, there being no corroborative evidence, asked the jury if they wished to hear the case out. The jury not agreeing, the case was proceeded with. Verdict, Not guilty.

Reference Number: t19071021-66

GORDON, Henry Fletcher (32, agent) ; obtaining by false pretences from Ronald Charles Power the several sums of £25, £33, £30, and £20 respectively, with intent to defraud; forging and uttering an undertaking for the payment of money and forging an endorsement on an undertaking for the payment of money with intent to defraud.

Mr. R. D. Muir, Mr. Arthur Gill, and Mr. Leonard Kershaw prosecuted; Mr. D. White defended.

RONALD CHARLES POWER , Museum Chambers, Bury Street. I have known the defendant since June of this year. He was introduced to me by a firm of solicitors whom I have known for many years. He called on me at my office and told me that he was in touch with a large number of music-hall artistes, and that those artistes were constantly requiring advances on their contracts; he stated that he was short of capital, and wanted somebody to find money to advance to them; he did not want to go to a professional money lender, because he found from experience that they took his clients away; he proposed that he should introduce the artistes, that I should find the money on the artistes contracts and promissory notes, and that he should guarantee the amount advanced and the interest. The contacts by which the artistes assigned their contracts to Gordon were to be re-assigned to me by Gordon. He proposed that three-quarters of the profits should be retained by me and one quarter by him. He made a proviso that the instalments should be collected by him, personally, and handed over to me every week. I agreed to those terms. I identify the cheque produced, dated June 27, as one which I gave to Gordon. He told me that a music-hall artiste name Nation desired to borrow £25; that Nation had various valuable contracts with the Moss Empire group, and that those contracts would be deposited with me with Nation's promissory note. A few days afterwards he told me that Nation had not been able to obtain those contracts with the Moss Empire people owing to pressure of work. He told me that a music-hall artiste named Vanetta required a loan of £25 and I handed him another cheque for that amount. He told me it would be necessary to go into the country to see Vanetta, and five or six days afterwards he told me Vanetta would not agree to the terms. He said that an artiste named Jack Wayo required a loan of £25,

and asked to be allowed to apply the money. I think as regards the terms, I said he was to settle rate of interest with Vanetta. He told me that Wayo worked with his wife, Eva Hope. He asked whether he might apply the "Vanetta" cheque to make the loan to Wayo, and I agreed. It was understood that Wayo's promissory note, his contracts, and his wife's contracts, together with an assignment of those contracts to Gordon, and a re-assignment by Gordon to myself, should be handed to me. The promissory note produced, dated June 29, was brought to me by Gordon on or about June 29 (Witness identified other documents which were handed in.) I received payments of money from defendant which purported to come from Wayo and Hope, on four occasions, amounting in all to £10 Defendant approached me again and said that Frank Bernard, a music-hall artiste, desired to borrow £20, and that he would give his promissory note for £27, repayable in two instalments of £13 10s. each, and that he would charge his contracts as security in the way arranged in the previous instance. I agreed. At that time I believed that Wayo and Hopes promissory note and memorandum of agreement were genuine documents and that the money borrowed for Wayo and Hope had been advanced; I then handed the cheque now produced to Gordon, and he handed me the receipt produced, dated July 10, 1907, signed by him. He also handed me the promissory note dated July 11, 1907, and the agreement of July 11 between Frank Bernard and Gordon, Douglas and Co., and the assignment dated July 14 from Gordon to me. A payment was due on August 12. Shortly after that I saw defendant and spoke to him with reference to it. I asked him why it had not been paid. He said the money had not been received. A day or two after that I mentioned the matter to him again. He said he had received an instalment of £4 from Bernard, but he did not hand that sum to me. Subsequent to defendant's arrest I saw Bernard and he paid me £3 10s. The cheque now produced was originally given in connection with a loan to a man called Hooker (or Booker?) on July 12. A few days after that defendant told me that Hooker had obtained the money elsewhere. He said that Erhorn, who was musical conductor at the Hippodrome, required a loan of £30 on a bill of sale. He told me that Erhorn lived in a six or eight-roomed house in Hampstead, and that his furniture was worth about £100, and incidentally remarked that the piano was a "Collard" and he himself would give £30 for it. I agreed that the £25 cheque for Hooker should be appropriated to Erhorn's loan, and gave him a cheque for £5 to make up the £30. At that time I believed his statements as to Mr. Erhorn's house at Hampstead and his furniture. I also believed that Bernard's promissory note had been filled up with the correct figures for the money that he owed me, and that the money had been advanced. I believed that all the documents I received from the prisoner were genuine. After I had parted with those cheques he gave me a receipt. "Received of R. C. Power the sum of £25 re Hooker," which I had origin-ally

given him when I gave him the cheque to make the advance to Hooker. A few days afterwards, when I allowed the cheque to be used for Erhorn, the word "Hooker" was struck out and the word "Erhorn" inserted, and defendant initialled the alteration. He gave me the bill of sale with reference to Erhorn's case, I think, on July 31. I can swear it was in July, and I believe it was the 31st. The date on the endorsement on the bill of sale was certainly July, and to the best of my recollection the 31st. That bill of sale was ultimately handed back by me to Gordon. The document purported to be a bill of sale executed by Erhorn on his furniture at 50, Huntley Street, W.C., and I believe the signature was witnessed, but I am not sure. As I had been told that he lived in a house at Hampstead, noticing that the address of the furniture was 50, Huntley Street. I went up that street myself. It is a small street running parallel between Gower Street and Tottenham Court Road. After finding out that the address was Huntley Street I found that the bill of sale had not been registered. It was endorsed with the time of the day and the day, and signed by Gordon's clerk.

To the Common Serjeant. I had got the bill of sale in my possession at the time I made these inquiries. I then saw Gordon and spoke to him about this bill of sale. I cannot fix the day, but it was between August 1 and the 8th. I wrote to him, and also spoke to him on the telephone. I asked him how it was that he had told me that Erhorn lived in a six or eight-roomed house at Hempstead, whereas I had found that he lived in two rooms in a tenement house in a small street near Tottenham Court Road. I also asked him why it was that he had handed me a bill of sale unregistered, having stated that the bill of sale had been registered. (To Mr. Kershaw.) He stated that he had said that Erhorn lived near the Hempstead Road, and that he had instructed his clerk to register the bill of sale, but his clerk had been on the drink for several days, and, presumably had not carried out his instructions. On my pointing out that the time for registration had expired, he undertook to obtain another bill of sale from Erhorn. He afterwards (I believe on August 10) banded me a bill of sale dated August 10. That would be about four or five days after I had had the conversation with him. I received two payments from him in reference to the Erhorn loan, £2 5s. on July 31, and £2 5s. on August 7. I believe July 31 was the day on which I received the first bill of sale. Defendant also came to me with reference to a loan to a man called Edwards. He told me that Edwards required, a loan of £20 on his contracts and promissory note as in the previous cases; I agreed to lend the money, and gave him a cheque. When I gave him the cheque I believed that all the previous transactions that I have spoken to this afternoon were genuine, and that the moneys had been advanced. I went with Gordon to cash the cheque and handed him the notes outside the bank. He gave me a receipt: "Received of R. C. Power the sum of £26 loans to Morgan and Edwards." Morgan was another artiste who had £6. Subsequently he came and told me that Edwards

required £30, and would take no less than £30. I objected to carrying out the transaction, but defendant told me he had already advanced £8 to Edwards, and I said, "Very well, then I will do the whole"; I gave him another cheque for £10 to make it up, and he handed me a receipt: "Received of R. C. Power the further sum of £10 re Edwards and Edwin," etc. May Edwin was Edward's wife. He afterwards banded me a promissory note for £45 and said that that was the amount that Edwards promised to repay. They professed to have received £45, according to these documents, and to repay the sum in weekly instalments of £5 from August 12, the first payment to be made on September 2. Nothing was payable under that before these proceedings were commenced, because I see that there is an examination of one witness on August 31; that would be two days before the first payment was due. I think the information was laid about August 25 or 26. At that time I believed the defendant to be in London; the last time I had been in communication with him was about a week or ten days before then. The witness identified two letters as being in defendant's handwriting.

Cross-examined. I was introduced to Mr. Gordon for the purpose of advancing money to music-hall artistes under the name of Gordon, Douglas and Co. I did not know that the prisoner had not got any money. When I first met him he said that he was short of present working capital, and if he did not find someone to lend the money the music-hall people would go somewhere else and get the money I then asked him if he was registered as a money lender, and I suggested that he should register himself. I did not say anything about "the benefit of the business." I know that money lenders have to be registered under the Moneylenders Act. I was not registered, and did not want to be. I did not approach Gordon, he approached me. At the first meeting I assumed that he was registered. The music-hall contracts and promissory notes were to be made payable to Gordon, Douglas and Co; they were to collect the money and hand it to me weekly. The agreement was that I was to have three quarters of the profits for advancing the money, and Gordon was to have one quarter. Had the business been carried on successfully I presume that there would have been an arrangement for auditing at fixed periods, but no such arrangement was made as to how or when the division of profit was to be made, whether on each transsaction or all together. I cannot say whether an account would have been taken at the end of six months and losses set off against profits, because no arrangement was made. I should have expected Gordon to carry out his guarantee; how it was to be carried out would depend on circumstances. Whether Gordon would have to bear his share of the losses would depend upon the guarantee; he guaranteed principal and interest. I do not remember saying at the police court, "Yes, I did agree to share the losses and the profits with Mr. Gordon." I remember being asked, "Did you, or did you not, look to Mr. Gordon to pay his share of the losses as well as the profits," and I said, "Yes." I say that Gordon undertook to guarantee the

capital and the interest of these loans. I made no agreement with Gordon to share the losses. He guaranteed the capital and interest; presumably, under that guarantee he would be responsible for the loan. I was not particularly anxious to do this business. The letter produced is in my writing. I do not think the date "June 25" is mine, it is written across. It may be about the right date. I cannot say whether that refers to the first loan I did. Nation's was the first loan I did. Mr. Gordon guaranteed all the loans; I took his guarantee for what it was worth. According to my ledger the last instalment I received from defendant purporting to come from Nation was on August 7. That did not clear up the whole. The particular receipts were: July 2, £3; July 9, £3; July 16, £3; July 25, £3; July 31, £3, and August 7, £3. I cannot remember whether the promissory note set out that the instalments were to be £3 a week, but apparently I received £3 a week from Gordon up to August 7. About that time my business relations with Gordon, Douglas and Co. ceased; I cannot find any trace of any other business transaction since then. I do not think there have been any meetings since I ceased doing business with Gordon at my solicitors office, but there was one meeting at my flat. Myself, the defendant, my solicitor and his clerk met at my flat about August 15 or 16. I told Gordon I had made contain discoveries and asked him what he was going to do. I had discovered that the money had not been advanced to Erhorn and Edwards. I do not think I knew of Bernard at that time. I did not discover that Wayo's promissory note had been forged for days after that. If this meeting took place on August 15 I could not possibly have heard of Bernard. I should think it was about August 21 I first heard of Bernard. Mr. Gordon first of all said, on his oath, that he had lent the money to the music-hall artistes, then, on being pressed, he stated that he had lent only £10 to Edwards out of the £30, and £10 out of the £30 to Erhorn. He stated positively that he had lent the money to all the rest of the artistes in full. I remember Harry Pleon. He has told me by letters and telegrams that he has not received any money from Gordon. I lent Gordon £25 to lend to Harry Pleon. Harry Pleon denies that he received a halfpenny. I have not received a halfpenny for that money. I do not know that be lent Way £8; Way has told me, since these proceedings commenced, that he obtained £6. I know that he lent About £15; I was present when it was done; I advanced £20 on July 4. I attended at my solicitor's office and Gordon brought up this man; the transaction took place in the presence of myself and my solicitors. I have never received a halfpenny from About, and he has absconded from the country. I will swear that Gordon handed him the £20 in my presence; I do not know whether he got it beck after-wards. On August 15 I met the prisoner in my flat together with my solicitor and his clerk; he told me about this money which he had not lent; I do not remember him making the statement that he owed me £250 under his guarantee; there was general discussion as to the position. I went into these accounts with Mr. Gordon and agreed

a sum of £250 as the amount outstanding, principal and interest I asked Gordon what he was going to do. I had discussed these loans with my solicitors; it was afterwards discussed at my fist on this occasion when defendant was there, and he stated that he had a charge on a reversion; he produced this charge, which was for £250, signed by a man called Sharp to Gordon. I did not take that charge to clear up the £250 which he owed me; I took it as security for the repayment of loan. I did not take it as a discharge, nor did I give a discharge. I took it for what it was worth. My solicitors have been to Somerset House; they have stated that Sharp is entitled to a reversion; but they do not know that it is a good security. I did not try to get another charge on an action which Mr. Gordon had pending in Copenhagen. I have heard him talk about Copenhagen and about sundry claims he may have had there; I have never asked for a charge on them. I did not know of another action he had in the name of Weaver. With regard to Erhorn, I will swear that Gordon did not tell me that he lived "somewhere near the Hampstead Road"; he said, "Somewhere in Hampstead." I did not mistake "Hampstead Road" for "Hampstead." I say the first bill of sale was a forged bill of sale. The bill of sale produced (Erhorn's) is not in the prisoner's writing. The attestation is but not the body of it I gave Gordon £20 on August 2 to lend to Edwards, and another £10 on August 12 to make up £30. I had one or two discussions with Gordon about it; he was so long a time getting the loan completed that I wanted the first £20 back; Gordon said, "I have lent him £8," then I gave the cheque for £10 to complete it. Wayo's signature is the only one about which there is a doubt as to its being genuine. The first payment on Edwards's loan was not to be made until September 2. I had taken an assignment from Gordon before September 2; Edwards's matter was included in the assignment. When I laid the information I believed Gordon to be in London. I do not remember uttering any threat to Gordon; I do not think I spoke about the matter except to my solicitors. I know Mr. Morgan; I do not think I mentioned the matter of the information to him. In the course of conversation with one or two people I might have referred to possible proceedings, but not in the nature of a threat, and not to very many people. I only went to the police court once before they issued the warrant; I do not think two applications were made for it before it was granted. I do not know why Mr. Gordon went to Hull; I believed he went to try to get out of the country; he had letters in an assumed name at the Post Office. If a music-hall artiste went to Gordon and he had some money of mine in hand, and the business was not good enough, he would not hold that money to lend to somebody else without my consent previously obtained. Each transaction was a special transaction in itself. He had no authority to lend any money without asking my consent. He was not supposed to have money in hand. On each individual transaction he came and said the particular artiste wanted money, and the

money was to be applied to that specific transaction. The suggestion as to the method of carrying out the transactions came from Gordon; he himself proposed the guarantee. He gave me the guarantee in every instance. My solicitors first introducd Sharp's security to me; they advised it. I had an interview with a man named Anthony. He asked me to lend him £100 and I refused. Mr. Gordon rang me up on the telephone and told me this man was going to call on me. He said, "Do not have anything to do with him, he will not pay you"; but that had no influence with me. I had already refused to have anything to do with the transaction.

Re examined. There is no foundation for the suggestion that the assignment was given in discharge of defendant's liability; it was ss further security for the money for which he was liable on his guarantee. Defendant had no discretion in making loans; they had to be submitted for my approval, and in each case the purpose for which the money was given was placed on record. (The witness identified several receipts as being in the defendant's hand-writing.) I required receipts in that form in each case. At the time I accepted that security Gordon had only paid £10 to Edwards and £10 to Erhorn, but he denied that the other money had not been properly applied. It was abouts week after August 15 that it was brought to my knowledge that the promissory note purporting to be signed by Wayo was alleged to be not a genuine document. I am attending here merely as a witness, the prosecution being taken over by the Crown. There is absolutely no foundation for the suggestion that I am a partner with defendant, in the business of Gordon, Douglas and Co. The document now before me is an indenture between Gordon, Douglas and Co. and myself, signed by the defendant as Gordon, Douglas and Co.; and with regard to any losses that might take place in those transactions the defendant was in no way liable except under the guarantee he gave me in each case to be responsible for them.

(Saturday, October 26.)

Mr. White asked his Lordship's opinion as to whether he had estsblished a partnership in the case.

The Common Serjeant ruled not.

Mr. White then said that his client would plead guilty to the misdemeanour, and asked that sentence be postponed till next Sessions, on the ground that he had witnesses to character, and there would be a prospect of getting restitution.

Sentence was postponed till Monday afternoon.

(Monday, October 28.)

SIDNEY BRADFORD said he had borrowed money from prisoner on numerous occasions dating from 1904 and had always found them satisfactory.

Detective-sergeant WILLIAM STEVENS said he had made inquiries amongst several of prisoner's clients, who stated everything had been satisfactory. In regard to the matter of a watch and chain which was mentioned, prisoner had received those from a man to raise money on and had pledged it on a contract for three months, so was unable to return it to its owner.

Dr. GEORGE HULBERT said he was willing on prisoner's release to pay his passage abroad.

Sentence, Eighteen months' hard labour.

BEFORE THE RECORDER.

(Saturday, October 26.)

Reference Number: t19071021-66a

CHAMBERS, William , being an undischarged bankrupt, obtaining credit to the extent of £20 and upwards, to wit, from Malcolm Cooke and another to the extent of £226 17s. 4d., from Frederick John Carless and others to the extent of £438 9s. 2d., and from Richard Cooke May and another to the extent of £365 6s. 3d., without informing them that he was an undischarged bankrupt.

Mr. Bodkin prosecuted; Mr. R. J. J. Willis appeared to defend.

Counsel for the prosecution described prisoner as steeped in bankruptcy. He was bankrupt in 1887 in Blackburn with liabilities amounting to £17,000, in 1892 in London who liabilities of £23,000 and assets £93, and again in December last year, his liabilities being £9,000 and assets about £300. Of the £9,000, over £4.000 were liabilities to three firms on the London Stock Exchange—Messrs. Cooke and Bedford, Messrs. Cunliffe and Co., and Messrs. May and Battersby. It appearing from the public examination that the debtor admitted having incurred these liabilities to members of the Stock Exchange without having disclosed his financial position, and the evidence of Mr. Richard Cooke May having been heard, prisoner, on the advice of hit counsel, pleaded guilty to a number of the 17 counts in the indictment, and the Recorder postponed sentence until the second day of next Sessions.

BEFORE THE COMMON SERJEANT.

(Saturday, October 26.)

Reference Number: t19071021-67

WOODS, Thomas Lamb ; committing an act of gross indecency with James Howden, a male person.

Sir Charles Mathews and Mr. Boyd prosecuted; Mr. C. F. Gill. K.C., defended.

(Monday, October 28.)

The jury disagreed and were discharged. On the next day, October 29, the prosecution said they would offer no evidence. Verdict, Not guilty.

BEFORE THE RECORDER.

(Monday, October 28.)

Reference Number: t19071021-68

FRAY, James George (barman), pleaded guilty, having been entrusted with certain money, to wit, the turn of £8 8s. 9d., in order that he might apply the tame for a certain purpose, did fraudulently convert the same to his own use and benefit. Prisoner received the money as honorary secretary of the Phoenix Temperance Orphanage. It appearing that he has borne an excellent character, and has been out of work for some time, the Recorder ordered him to be released on his own recognisances in the sum of £1, and recommended the case to the attention of the Court missionary.

Reference Number: t19071021-69

SAUNDERSON, Albert (39, salesman) ; having been entrusted by Henry Kieffer with a cabinet in order that he might sell the same, did fraudulently convert the same and the proceeds thereof to his own use and benefit.

The prosecutor, a maker of cabinets in Brunswick Place, Curtain Road, entrusted a number of cabinets to prisoner to sell for him. Prisoner sold one for £5 10s., and kept the money on the ground that money was owing to him. Evidence having been heard, prisoner, on the advice of his counsel, pleaded guilty, and the Recorder in sentencing him to one month in the second division, said that if be had a civil claim against Mr. Kieffer his proper course was to have gone to the county court.

Reference Number: t19071021-70

CHAPMAN, Stephen (28, labourer), BAKER, William (34, dealer), and WALTERS, Louisa (30, needlewoman) ; all breaking and entering the dwelling-house of Charles Henry Brake and stealing therein two suits of clothes and other articles, his goods, and feloniously receiving same; all breaking and entering the dwelling of Joseph Bevan and stealing therein the sum of £20, one teapot, and other articles, his moneys and goods, and feloniously receiving same; all breaking and entering the dwelling-house of Percy John Andrews and stealing therein one skirt and other articles, his goods, and feloniously receiving same. There were other charges.

Mr. Eustace Fulton prosecuted.

CHARLES HENRY BRAKE , 8, Aboyne Road, Lower Tooting. On August 15 I left home, leaving the house unoccupied. I returned on the following Monday. August 19, and found that the place had been broken into and six doors forced. I missed two suits of clothes, a hat, a table-cover, and other things. I identify the suit and tablecover produced as my property.

ERNST DAY , manager to Mr. John Parry, pawnbroker, High Street, Tooting. I produce a coat that was pawned with me on September 12 in the name of Mary Wilson, 7, Selincourt Road, Tooting. It is an ordinary coat. I recognise the female prisoner, whom I know as a customer. I also produce the waistcoat of that suit, which was pledged on the 12th for 2s. by the same person.

Detective-sergeant FREDERICK HARVEY . V Division. Acting on instructions received, I kept watch on 7, Selincourt Road, the address of the prisoners. It is not a lodging house; they occupy an upstairs flat. At 10.55 on September 12 I saw prisoner Walters leave 7, Selin, court Road with a parcel. I followed her to the pawnbroker's. At two o'clock on the 13th I went with other officers to 7, Selincourt Road. I placed two officers in the yard and entered the first floor window by means of a ladder. I found the three prisoners occupying the flat, Baker and Walters in the front room and Chapman in another room. Baker got out of bed and asked what the meaning of it was. He was then told to wait. I said to the female prisoner, "I believe you pawned a coat this morning." She at first denied any knowledge of it. Then she hesitated and looked at Baker, and Baker said to her. "Go on; tell them where you got it from." Chapman, who had come in from the other room, then said, "I gave It to her to pawn. I bought it for 5s. with a vest. The vest I pawned." I then said to Baker, "Do you own everything in this flat?" He said, "Yes; everything is mine. I paid for it." I said, "Can you account for the possession of the table-cloth that you have on the table?" He said he had bought it off a man. I said it was part of the proceeds of a burglary in Aboyne Road and they must all consider themselves in custody. I searched the flat and found in a cupboard in the back room a jemmy and a cold chisel. In a drawer in the back kitchen I found 62 pawntickets. I found an overcoat on the door of Chapman's room. There are two large pockets stitched in on the inside and also a pocket lengthened for the purpose of holding the jemmy. Prisoners being afterwards charged made no reply.

Detective FREDERICK COON , V Division. On August 19 I visited Aboyne Road, Tooting. I found marks of an instrument upon the front door and five other doors had been forced and great damage done. I have since visited the premises and find that the jemmy produced just fits the marks on the door, which also show the impression of marks which have been made by a file. Witness described the visit to the flat occupied by prisoners on the morning of the 13th.

Detective WALTER MAYNE . V Division, spoke to keeping observation with last witness upon 31. Markell Road, where prisoners were living previously to living in Selincourt Road. On the occasion of the visit to the latter premises on September 13, Walters said, "My husband has often brought things home, but I do not know where he got them from." Witness said to her, "Do you mean Baker?" and she replied, 'Yes, he is not my husband, but 'I live with him." When charged she made no reply.

Sergeant JOHN GILLAN . V Division, also gave evidence of the surprise visit to the flat occupied by prisoners.

PERCY JOHN ANDERWS . I live at 111, Effra Road, Wimbledon. On May 20 I left the house securely fastened at 11 in the morning. When I returned I found the front door forced open and the place in great

disorder and I missed property of the value of about £10. The spoons, produced are part of the property I missed.

Verdict. Chapman and Baker, Guilty.

Walters, Not guilty.

Inspector BELCHER said he had made inquiries as to the pawntickets found at the flat, and they related to 26 burglaries. Amongst the property were some communion cloths and table coven stolen from the Presbyterian Church at Tooting, as far back as November, 1905. Chapman and Baker have been associates for years. Baker had some years ago a public-house in the Walworth neighbourhood. After that he had a greengrocers business, but that went down and' finally he became a bookmaker's tout. Then he went to live at Tooting with his married sister and there made the acquaintance of Mrs. Walters. Chapman was formerly a greengrocer in a small way of business, but has done no work for a long time. He has been convicted of gambling and drinking, but no offence involving dishonesty, that being due said the witness to his good fortune. Both man were the associates of well-known thieves. Prisoners were watched for some seven or eight days in order to get two others who were known to be concerned with tnem, but the police found it was not safe to go on any longer and had to do what they did. If there had not been a force there would have been a fight, and they went in at that time of sight in order to avoid that. Chapman had been living with a prostitute, who had had to leave him because of his violence.

Sentences. Baker, 22 months' hard labour; Chapman, 20 months' hard labour. An order for the restitution of the property was made.

BEFORE THE COMMON SERJEANT.

(Monday, October 28.)

Reference Number: t19071021-72

PRESTAGE, Herbert ; indecently assaulting Walter Houlton, a male person. Attempting to procure the commission by the said Walter Houlton, a male person, of a certain act of gross indecency.

Mr. Sydney Williams prosecuted. Mr. C. F. Gill, K.C., defended.

At the end of the evidence for the prosecution, the Common Serjeant asked the Jury whether they wished to hear the defence. The Jury said they did not.

Verdict, Not guilty.

Reference Number: t19071021-73

ROLFE, Daniel (32, labourer), and TURNBULL, Robert (30, porter) ; both robbery with violence from Eileen O'Connor and stealing from her a purse and the sum of £1 0s. ll 1/2 d.

Mr. Pierson prosecuted.

EILEEN O'CONNOR , 7, Melbourne Mansions, Qusen's Club Gardens, setress On October 7, about 10 minutes to 12, I was going home to my flat, along by St. Andrew's Chnrch, when the two prisoners attacked me. I heard footsteps behind me the whole way. When I got to the church I heard one of the prisoners say, "Now is the

time."Then prisoner Rolfe got hold of me with both his hands and said, "Give me your purse." I said, "No." Then another man gave me a knock on the side, and, as I was failing, Rolfe bent my fingers back and wrenched the purse out of my hand. I screamed, pulled myself up, and went after them. When I got to the corner of Perham Road. Rolfe was in custody of policeman Allen. The prisoner Tumbull is the same build as the man who knocked me down, but the latter had a moustache. I had a bruise on the hip for some days afterwards. I fell on my left side, and the other man had me on the right side. (To prisoner Tumbull.) I did not say you struck me. I said it was someone like you. When the man struck me I did not see anyone pass at the time. As I was falling I looked round to see who struck me and I got a glimpse of a man of your build, and if you had a moustache I should have been able to swear to you at the police court. I had a good glimpse because there was a lamp in front of me. Rolfe could not have hit me because he had hold of me with both his hands. (To the Common Serjeant) I have never seen either prisoner before. In my purse there was one sovereign, sixpence, and, I think, 6 1/2 d. in coppers. I got my purse and the money back.

Sergeant ALFRED ALLEN , 16 T. On October 7, at 11.50. I was in Vereker Road, when I heard a woman screaming. I went in the direction and heard footsteps approaching from where the screams came. I could not see who it was, but I got back, in a dark place of the road. Prisoner Rolfe then came up on the other side, running as hard as he could. I ran across and seised him and asked him what he was running for. He made no reply. I took him back to where the screams were coming from, where I saw Miss O'Connor. She said. "That is the man," and he at once produced this purse from his pocket and said, "My mate's gone the other way. I did not b—g well see you over there or I would have went the same way as my mate." I took him to North Fulham Station, where he said before being charged, "My mate went the right way and I went the wrong way and got b——g well caught. I had no money or grub and meant having something, and I got it. We would soon have spent that quid" He said no more when charged At six p.m. on the 13th (Sunday) I saw Tumbull detained at North Fulham Station. I told him the charge and he was put up for identificstion. He said, "I was with Rolfe when the lady was assaulted, but when he took her purse I ran away." After being charged he made a statement, which he signed. He said the lady failed to identify him because he had his moustache off the following day. That was on the way to the cells.

To prisoner Turnbull. It was about seven on the Sunday evening when Miss O'Connor failed to identify you. On the next morning I asked you when you had got rid of your moustache.

To the Common Serjeant. I made a note of what prisoner said.

Police-constable PHILLIP GILLAN . 763 T. I arrested prisoner Turnbull on October 13, when he said. "All right." On the way to the

station he said, "I have never been mixed up in this kind of thing before." When charged he made a statement which was taken down and signed.

Rolfe's statement: "I stole the purse, but I used no violence and' never struck her. I cannot put up with what there is to come."

Turnbull's statement: "I was not within six yards of Rolfe and the lady when he took the purse from her."

(Defence.)

Rolfe said nothing in defence.

Mr. Brearley, pastor of the Church of Christ Tasso Tabernacle,. Greyhound Road, Fulham, spoke in favour of Turnbull's character. He had known him about three years and for about seven months he had been connected with work at his church.

Cross-examined. Prisoner only attended the church on Sundays and on meeting night. When he was arrested he was out of work. He had been out of work about a month, I think.

Verdict, both Guilty.

Rolfe confessed to a previous conviction on May 23, 1905. Several other conviction were proved. In regard to Turnbull, it was stated that up to October, 1906, ho had borne a good character. After that time he disappeared from home for five or six months and he had not been traced during that time. He then got employment as a porter with Messrs. Wooland's, being there about three months, when he was discharged for losing money belonging to the firm. He had since been charged with gambling in the streets.

Prisoner Turnbuil. I say I am innocent.

Sentences, Rolfe, Five years' penal servitude; Turnbuil, eight months' hard labour.

Reference Number: t19071021-74

ROLFE, William John (26, tailor) ; robbery with violence from William Stone and stealing from him a watch.

Mr. Walsh prosecuted.

WILLIAM STONE , North Finchley. On October 24, between five and six p.m., I was walking along Essex Road. I stood and looked up a court for a moment, when I received a terrific blow on the back of my neck, which I have suffered from a great deal since. The next thing was I found I was being pushed up this court by the back, and then founds hand pulling my watch out of my pocket. The man pulled me right round by my chain, then I saw his face for the first time. He pulled three times, and the third time the swivel gave way; then he ran away with the watch in his hand. I never loss sight of him for a moment. There was a policeman on the opposite side who caught him. I cried out, "Stop thief!" and ran after Him. My watch has not been recovered; its value is about £20. I have no doubt that prisoner is the man who took it, When he was arrested a man came along and pushed himself into the crowd to where prisoner lay on his back, and I saw him searching prisoner's chest all over. I thought he was helping the policeman, and had

no idea that he was helping himself. As soon as prisoner was ready to get on his feet, the same man jumped up against the policeman to try to get prisoner out of his hands, then he got into the crowd and I lost him.

To Prisoner. I had no one with me, whether of good character or had. There was no second man there at the time; you were the only man.

Police constable GILSBY , 496 N. On October 4 I was in St. Peter's Street, near Essex Road, about ten minutes to six, when I heard prosecutor shouting, "Stop thief" at the top of his voice. I rushed to the top of the street and saw prisoner running across Essex Road followed by prosecutor. On seeing me he tried to turn and I caught him. Prosecutor complained that prisoner had stolen his watch. whereupon the latter struggled to get away very violently and fell on the road. I eventually secured him and took him to the station. Before being charged he said, "He made a mistake; where are his witnesses?" No reply when charged.

BENJAMIN MANNING , 33, St. Peter's Street. I am 12 years old. I remember being near Essex Road on October 4. I saw the old gentleman Mr. Stone at the corner of St. Peter's Street. I then saw Rolfe pull the wach three times from him. They were in Paradise Crurt. Prisoner then ran across Essex Road. When he got across the road the old gentleman holloaed out, "Stop thief." Then prisoner happened to slip and the policeman got hold of him. I saw prisoner put the watch in his coat. He had it in his hand when he ran across the street. I am sure prisoner is the man.

To the Common Serjeant. I was on the same side as the policeman was. I told the policeman what I had seen.

Prisoner made no statement.

(Defence.)

WILLIAM JOHN ROLFE (prisoner, not on oath). On the night I was charged this little boy told the inspector in Upper Street Police Station that he saw me take the watch and put it down the leg of my trousers. On the next week when I came up on remand he had a different story altogether. He told the Magistrate that he saw me take the watch off the old gentleman and put it in my coat pocket Now he tells you that I put it up my coat; three different statements. If I had put it up my coat it would have quickly fallen out because I have no pockets in my coat. I think the boy has been put up to say what he has; it is perjury.

Verdict, Guilty.

Prisoner confessed to a previous conviction. Several other convictions for assaulting the police and larceny were proved. It was stated that the prisoner had never done any work in his life, and was the associate of thieves who hung round Chapel Street and neighbour-hood for the purpose of committing larcenies.

Sentence, Four years' penal servitude.

BEFORE THE RECORDER.

(Tuesday, October 29.)

Reference Number: t19071021-75

KIRKBY, Frederick (28, caretaker) ; feloniously offering a certain bill of exchange for the amount of £2 17s. 6d. with intent to defraud one Thomas Bassett.

Mr. Greenfield prosecuted.

THOMAS COGLAN , Umfreville Road, Hornsey. I am a shop assistant employed in the Green Lanes. On October 4, about half-past nine in the evening, I was in Endymion Road. I had my bicycle with me, and saw a man standing at the corner. He asked me would I like to earn sixpence. I asked him what for. He said "Would you like to change this cheque for me at Bassett, the baker's round the corner?" He said it was for Dr. Constable. The cheque was for £2 7s. 6d., and was endorsed Samuel Constable. I took the cheque, and as I was going round the corner I looked at it and thought it suspicious, and I took it in to my master and afterwards fetched a constable. We went together to the bottom of the and, and Kirkby was standing there talking to another man. When we drew near to him he walked away towards Finsbury Park, in the opposite direction. I pointed him out to the constable as the man who had given me the cheque. Kirkby said he knew nothing about it. We went to Dr. Constable's house, and afterwards to the police station, where prisoner was charged.

To Prisoner. I lost sight of you when I went into my master's shop.

Re-examined. I have no doubt prisoners is the man who gave me the cheque.

To Prisoner. Endymion Road is not a particularly dark road. There are shops, and the light from them is sufficient.

To the Recorder. This was a Friday night, and the shops were still open at half-past nine. There are no shops in the Endymion Road, but there are in the Green Lanes. There are no lamps at the bottom of the Endymion Road, but the corner shop in the Green Lanes runs up the Endymion Road a few yards, ana that was well lit up and enabled me to see the man who gave me the cheque, and that man I say was the prisoner.

Police-constable CHARLES REECE , 561 Y. About 9.45 p.m., on October 4, I was called to Dr. Constable's house in Endymion Road, where I saw the witness Coglan and Dr. Constable, in consequence of which I went to the corner of Endymion Road, where I saw the prisoner and another man, the latter running away; the prisoner walked away. I went after him. Coglan said, "That is the man who gave me the cheque." Prisoner said, "What are you talking about?" I said to Coglan, "Are you certain?" Coglan said, "Yes," so I said to prisoner, "You will have to come with me to the station." He said, "I know nothing about the cheque." When

searched at the station a book was found on the prisoner which had "Con Sam., 47, Endymion Road," written in it. There are other addresses in the book in pencil. Some newspaper cuttings were also found on him.

To Prisoner. You did not walk in the direction towards me, you walked towards Wood Green. The other man ran towards Finsbury Park. I did not speak to you until you had left the other man You were standing against the post, nearly opposite Endymion Road, when I first saw you. I walked alter you; it might have been a dozen paces. I did not call after you. You might have been perfectly oblivious to my being behind you. It is not dark at Dr. Constable's; you could recognise anybody easily. It is rather dark about 10 yards away from the doctor's house. I first saw the witness Coglan at Dr. Constable's, Coglan first pointed you out to me at the bottom of Endymion Road. The boy must have lost sight of the man who gave him the cheque unless he kept him under observation The other man running away did not at the time strike me as a suspicious proceeding.

To the Recorder. I did not see the face of the other man.

To Prisoner. When you got to the station it might have been 20 minutes before you were searched. In the charge-room there is a desk, and three or four constables were standing talking. You were sitting on a chair. I did not see you write that name and address on the book at the station. I did not say at the police court, in answer to you, that you could not possibly have got your hands down; I said you could not have got your hands in your pocket without my seeing you. You did not write down the name and address while waiting in the charge-room. I had my eye upon you the whole time. You were feigning to be aaleep.

DR. SAMUEL CONSTABLE . I am a medical practitioner residing at 47, Endymion Road. Before this happened I knew nothing of the prisoner. I saw him in custody for the first time on October 4. The cheque (produced) was brought to me by the boy Coglan. It is not drawn or signed by me. I had no account at the Lambeth brines of the London and County Bank. I know nothing about the cheque.

To the Recorder. The cheque form was never issued to me.

WILLIAM BROWN . I am a clerk in the London and County Bank at Westminster Bridge Road. At that branch we never had an account with a "Samuel Constable." The cheque form in question was issued to a Mrs. Byrnes, whose account was closed by the bank in 1904.

(Defence.)

FREDERICK KIRXBY (prisoner, on oath). I live at Westerfield Road. Tottenham. On the evening in question, in I was in the Green Lanes, walking home, about 20 yards from Endymion Road, I met a man who asked me to direct him to Fintbury Park Station. I told him the way and left him. I did not see whether he walked

or ran—he went in the opposite direction. After I had walked about 30 yards the constable came up to me with the boy. The constable asked him if I was the man, and the boy said, "Yes." The constable said to me, "Do you mind coming with me as far as the doctor's?" I said I had not the slightest objection; I knew nothing whatever of the matter. The boy, in the presence of the constable, stated that I asked him if he would like to earn sixpence, to which as had replied, "Yes," and that I had then handed him the cheque to cash. The constable had the cheque in his hand. I want with him to the doctor's house. I do not know what had previously psssed between the doctor and the constable. There is a braes plate at the doctor's house; that is where I got his name from which I wrote down in the police station on the cover of that book in pencil.

To the Recorder. There are other names and addresses written in pencil in my handwriting in that book.

Cross-examined. I allege that the boy's identity of me is wrong, and that I am not the man. I wrote down the doctor's name in the book, as far as I can remember, in the police station, from what I could see on his brass plate, because Dr. Constable had not put in an appearance there, and I was wondering why. I am not well acquainted with the neighbourhood.

To the Recorder. As far as I remember the brass piste is on the wall of the house.

DR. CONSTABLE , recalled. The brass plate is well in the dark on the door. The name is almost obliterated; it would be hard for anyone to read the name now.

Cross-examination of prisoner continued. The man that went away from me asked me the way to Finsbury Park Station. He want one way and I went the other. I did not look to see whether he walked or ran. The way I was going was my way home. The boy Coglan is entirely mistaken in saying that I was the man. I never had the cheque in my possession. The object I had in writing down the doctor's name at the station warn because I heard Dr. Constable say, I think, that he would not put in an appearance; but I believed afterwards that he said he would not put in an appearance that night.

Verdict, Guilty.

Prisoner confessed to having been convicted of felony at Marlborough Street Police Court on August 11, 1908, two other convictions being then proved against him. He had been known to the police for some years as living by fraudulent practices. He had also assaulted the landlord of his house.

Sentence, 15 months' hard labour.

Reference Number: t19071021-76

RAYNES, Thomas (26, traveller) ; conspiring and agreeing with Fritz Gloede to obtain by false pretences divers of the goods of such liege subjects of His Majesty the King as shouls be induced to deal with them with intent to defraud; conspiring and agreeing with Fritz Gloede to obtain by false pretences from Charles Fox, the WilliamsTypewriter Company, Limited, the Oliver Typewriter Company, Limited, J. H. B. Dawson, Limited, and Harry John Pratt, respectively divers of their goods, in each case with intent to defraud; obtaining by false pretences from Charles Fox, the Williams Typewriter Company, Limited, the Oliver Typewriter Company, Limited, J. H. B. Dawson, Limited, and Harry John Pratt respectively, divers of their goods in each case wish intent to defraud, and unlawfully obtaining credit from them by meant of fraud other than false pretences.

Sir Charles Mathews, Mr. Arthur Gill, and Mr. Boyd prosecuted.

HERBERT HARDY , 79, Lothair Road, Harringay, clerk in the employ of Messrs. Taylor and Co., 40, Hatton Garden. Prisoner csme to this address about the middle of Jury and wanted an office. He took the left-hand portion of the second floor front room for a period of 12 months, she tenancy-to. date from August 1 at a rent of £3 10s. a month, payable monthly. On August 1 he paid two weeks' rent than due, £1' 15s., for which a receipt was given. The room let was occupied by prisoner end another man (whom he said was his partner), named Gloede. There was a brass plate on the front door with "Thomas Raynes and Co." on it, that name being also painted up an the door. While the prisoner was there I saw a lot of beddiag come and one or two cases. I went for my holidays at the end of August and returned about the second week in September. When I retorted the prisoner had gone away without giving any notice, a months rent being owing.

To Prisoner. All the arrangements for your becomings tenant were made with Messrs. Taylor and Co. and Lee, Son, and Gardner and not with myself personally. I came back about September 14 or 15. The prisoner stated that he was arrested on September 11. Re-examined. I saw the prisoner sign the agreement.

Mr. WOODMAN , clerk to Mr. Charles Fox, Harrow Road, bedding manufacturer. In July last my employer had a stall at the furniture exhibition at the Agricultural Hall, Islington, of which I was in charge. About July 12 prisoner alone came to our stall. He said the cushions we had on show caught his eye. I asked him if we could do anything for him. He said, "Yes, we could send in samples of cushions in three qualities. "There were six sets—18 cushions in all I took the order. He said he would be shipping in a few days and he would include them in the ship. No mention was made as to where cushions were to be shipped, but they were to be delivered at Hatton Garden. He gave me a card having upon it, "Thomas Rayess and Co., merchants, 40, Hatton Garden. "He explained that he was a shipper to all parts of the world, mentioning South Africa, the United States, and Melbourne. He said if he did business with us it would be a large business, and it remained entirely "between ourselves and his agents abroad whether we did business at all or not; if our samples were right then he could do a his business with us. He said it would be at least 300 or 400 sets. I believed what he said, viz., that he was carrying on business as a shipper. I reported it to

our principal, Mr. Pattinson, and our firm executed the order. The receipt for the goods supplied, signed "T. Raynes and Co.," corresponds with the goods ordered and supplied, the price of them being £1 15s. A few days afterwards he called again at the stall and brought another gentleman with him, whom he introduced as his Australian man." I cannot remember his name even if he gave it. On that occasion I showed them both some more of our goods and asked if we could send any in. Prisoner gave an order for some feather bolsters end pillows, Which came to £2 Os. 6d. I asked him if he had received the other goods and he said, "Yes, and we are shipping them." I think he said he shipped them that morning, and, with regard to the other goods, he said he would be sending out and we must send them up the next day and he would include them. I said I would report to our firm, and, to the best belief, the goods were sent the next day. The receipt for them is dated July 18.

To Prisoner. You did not introduce the man who came as your Australian agent, but as your "Australian mad." No terms were arranged with me, but we were to give you our rock-bottom prices. I did not ask for any port-mark.

To the Recorder. No mention was made of terms at all to me; that had to do with the counting-house. All I had to do was to sell the goods and send the order into the firm, and they exercised their discretion as to whether they should execute the order or or not.

JOSEPH PATTINSON . I am a partner with Mr. Charles Fox, of Harrow Road. When our clerk, Woodman, came back from our stall at the Agricultural Hall I had an interview with him. He showed me one of the prisoner's cards. I authorised the sale and despatched of the first lot of goods, believing that he was carrying on a genuine business as a commercial shipper. I also authorised the sale of the second lot of goods, and also in respect of other orders that came by telephone.

To the Recorder. There were no terms arranged on which these goods were sold, only the usual shipping terms; but when there large parcel was ordered they delivered on the Friday evening and Saturday morning end we were to have payment on Tuesday morning. The usual shipping terms are ten days. On August 14 I received a letter (Exhibit 7) brought by special messenger from the prisoner. I thought that represented a genuine business. The goods supplied, amounting to £44 17s. 1d., were quoted separately. There would be discount for cash in ten days.

To Prisoner. I understood that the first order was a sample order that was going to be sent out. They were sold on shipping terms. The last lot of goods was delivered on August 16, about 32 days afterwards. Being a sample order, we are not so strict as we usually are in pressing for payment. The £44 worth of goods were delivered on the assumption from the telephone message that they were to be paid for the following Tuesday. The heading on the stationery used by

you (Exhibit 7) means, I should say, that you were dealing with buyers for South Africa and Australia, but it is not possible for me to swear they were or were not. I heard nothing about the new tariffl which has come into operation in Australia until I heard it in connection with this case.

Re examined. The first two orders for £1 15s. and £2 0s. 6d. were sample orders.

WILLIAM JOHN ALLEN , clerk in the employ of Charles Fox, of Harrow Road, bedding manufacturer. I have had the conduct of the details connected with the orders given to my firm by Thomas Raynes and Co. I saw to the dispatch of the goods. The £44 worth were sent on August 16. On the 19th I sent in a statement of account. On the 27th I received a telephone message from the. prisoner asking for a repeat order goods supplied on August 16. I know it was he because next morning when I called on him he said. "Was it you I was talking to on the telephone last night" When he telephoned I told him that we had not had a cheque for the first consignment, and he said that the money had been kicking about his office ever since the goods had been shipped waiting for us. When I called on the 28th prisoner said that the order was very urgent, and unlets the goods were down there in the morning he would have to cancel it I told him he could have the goods immediately I had the cheque for the first account. I asked if it would be convenient for him to give me a cheque and he said, no, he always paid by hard cash, and if I went down on Saturday he would pay me for both accounts. I told him we could not execute the new order unless we were paid for the old. He said he could make it convenient to pay, but it was not worth his while to go down to the bank, and that if we could not send the goods off he would have to cancel the order. He then asked his clerk to hand him a foreign telegraph form, on which he wrote, "Raynes and Co.," or "Raynes, Melbourne." He then wrote something on the cable form and informed me that our second order was cancelled. He told me the evening before that the first consignment of goods, amounting to £44, had been shipped, but he did not say where to. The second lot of goods were not sent. I called it his office on the Saturday, the 31st, and he told me he had just paid a large carriage account, he was quite out of money just then, and if I would call back at one o'clock he would pay me. I called back at one o'clock and the office was closed. I did not call at the office again after that. On September 6, from information I had received I went to Taylor's Repository, St. George's Road. Southwark, where I saw part of the bedding that was supplied on August 16, the other" part having been sold by auction on the previous day.

To Prisoner. No terms were arranged with you before these goods were supplied. On August 16 everything you owed for had been delivered. Previously to that date I had never spoken to you, or seen you, or communicated with you. The goods ordered by you on August 27 were ordered by telephone.

THOMAS HOW . I live at West Kilburn. I am secretary to Morgan and Son, Limited, cartage contractors, of Hatton Garden. On August 17 the prisoner deposited a number of mattresses at our warehouse, and he came two days afterwards about fetching them away, saying that he wanted them to go to Taylor's Repository, near the Elephant and Castle. In compliance with his request we sent two van loads of mattresses from our yard, and one van was sent to his office. He saw the men start to load and then went away and one back again. On August 20 an invoice was given to prisoner for 18s. 9d. for cartage and storing, of which he only paid 10s.

To Prisoner. I should think that a man who could not give me in amount of 18s. 9d. was not worth much.

WILLIAM COE . I am an auctioneer, employed by Charles Taylor ad Sons. The prisoner called, I believe, on August 19, and handed me his card. He said that he had got this bedding for shipment to Australia; owing to some alteration in the tariff rates he was unable to send it over there; he had no place to store the goods; he had to sell them and stand the loss. He wanted an advance, and we advanced him altogether £20. The goods fetched £27 4s. He bought certain goods at the sale, and we ultimately paid him £1 9s. 7d. in cash.

To Prisoner. You mentioned the question of tariff, but I could not speak as to the exact words. I understood you to mean that these goods were thrown on your hands in consequence of the alteration of the tariff. You said they could not be sent out without suffe ing a very severe loss.

ARTHUR WARD ARKILL . I am an officer in the department of the Commonwealth of Australia, the office of which is in Victoria Street, Westminster. The new Commonwealth Tariff was laid on the table of the House in Melbourne on August 9, 1907, announcements with regard to which appeared in most of the London papers on August 12 through Reuter's. In the new tariff there is no mention of bedding.

To Prisoner. The duty on yarns is now 5 percent, and on piece foods or articles containing wool the duty is 30 percent. The tariff embraces from 800 to 1,000 articles. The full details would reach this country about September 20 by mail. The tariff has affected many people in this and other countries and some people may very likely have goods thrown on their hands in consequence.

To the Recorder. I do not think wool mattresses are exported to Australia in any quantities.

HARRY JOHN PRATT . I live at 7, Skinner Lane, Birmingham, and Am a manufacturer of art metal. On July 18 the prisoner called at my stall at the Furniture Exhibition at the Agricultural Hall, and five me a card (Exhibit 28). He was accompanied by a friend, whom prisoner told me was a buyer from Australia. Prisoner also gave me a small card with "Thos. Raynes and Co." on it, and said that he traded at 40. Hatton Garden. They selected a dozen fire screens and four curb fenders of me value of £14 12s. for which they were going to ray on August 10. On July 19 the goods were sent for

and handed to a messenger. On July 24 I received communication from the prisoner, saying that he would call, and on that day he called at my office at Birmingham accompanied by the same person as before. He said that he had had a cable from Australia and hey Wanted to buy some firescreens. He said they must have them at once. They selected over £120 worth of goods, which it was arrange, I should be forwarded to the prisoner's address at Hatton Garden, but they were not in fact forwarded that day. On the 26th I got a telephone message from the prisoner. He said my not sending the screens had caused groat inconvenience, would I send some at once I replied that I wanted a cheque for £50 He said he would send me on a cheque that night for £50 if I would send part of the goods as he wanted them very urgently. Following on that conversation £18 worth of goods was despatched to the Midland good station, to be forwarded to London to await further instructions from me. I was going to wire the address if the cheque came all right As the cheque did not come the goods were detained at the Midland Station in London awaiting instructions to deliver. I never received payment for the goods that were delivered.

To Prisoner. Looking at Exhibit 28 I understood the firm named thereon to be your father's. I was not trusting anyone 00 that card. There were no goods supplied in consequence of your visit to Birmingham. You said you were buying agent for five of the biggest houses in Australia. I trusted you for the first lot of goods, which were invoiced to you.

To the Recorder. He would be a del credere agent. He said he was buyer for some of the largest houses in Australia, and if there was a decent order I was to send the invoices forward and he would give information to a bank and get a cheque sent me. I should not have sent the goods out there until I had the cash.

To Prisoner. In the case of the goods delivered I entrusted them to you and invoiced them to you. As you did not send the cheque I handed the matter over to my lawyer, and a writ was issued. Jadgment may have been obtained against you. I have a receipt in the railway book at home to show that the goods were signed for A card like Exhibit 13 was what I trusted you on. As to Exhibit 28, you told me you travelled for your father. When vou gave it me you said. "I remember vou nine years ago in Glasgow, when I travalled for Thomas Raynes, of Sheffield, who is my father, but his trade has not been looking up very much, and I have to look out for myself; I am trading now as Thomas Raynes and Co., and have nothing to do with my father's.

To the Recorder. At the first interview he gave me both hm own card and his father's.

To Prisoner. As to your £14 worth of goods delivered you told me you were buying samples for Australia and your friend was the buyer for the house. He chose them, vou did not; you made terms with me. I never heard any more about them until I was in Clerkenwell Police Court, when I heard they had been sold to someone.

in town. I heard a witness, Mr. Abrahams, Bay that he had taken these screens of you.

AUGUSTIN MELLISH . I live at 36, Belgrade Road, Ilford. I am a City traveller employed by the Oliver Typewriter Company. On July 19, in consequence of instructions received, I called at 40, Halton Garden, on Thomas Haynes and Co. I saw the prisoner, who introduced me to a man whom he described as his Melbourne agent. As the result of conversation I agreed to send a type-writing machine to the prisoner on trial or "appro." The typewriter was sent and signed for by "Thomas Raynes and Co. The net price was £21 17s. On the same day as this typewriter was delivered the prisoner asked me to let him have a machine to send to Melbourne. I told him we could not supply him with a machine for Melbourne as we already had an agent there. That ended the matter. The typewriter delivered to the prisoner on July 19 was returned on the 26th. On the 25th prisoner had another conversation with me in which he approved of our machines, and said he wanted another one, the latest model. On the 26th a new machine was sent to him, the receipt for it in the delivery book being signed "T. Raynes." An account for this machine, £21 17s., was delivered but never paid. I identified the typewriter produced by Mr. Abrahams at the Clerkenwell Police Court as the one delivered to prisoner.

To Prisoner. The typewriter supplied to you on trial was duly retained. I did not understand that the gentleman I saw in your office was your partner; I did not know anything about him; he was simply introduced as your Melbourne agent.

MORRIS CATTERMOLE . I live at "Seacombe," Marine Parade, Clacton-on-Sea. I am an inspector in the employ of the Oliver Typewriter Company. In consequence of a telephone message from the prisoner I authorised the delivery of a new typewriter to the prisoner. I identify the typewriter produced by Mr. Abrahams at our typewriter. Its value is about £23.

To the Prisoner. Before seeing you in the police court I had never seen or spoken to you before. I have not applied for your account. That is our collector's business, not mine.

JOSEPH ABRAHAMS . I am manager to H. Abrahams and Co., of 23, Cloth Fair, shipping merchants. I saw the prisoner about July 10 last. He did not come alone. A man named "Gloede" came first and said he was a partner and had a lot of job goods and wanted to sell them. He said he traded as "Raynes and Co.,"Hatton Garden. We ourselves are exporters and buy job lots for export to Australia and South Africa. Gloede asked me to go to Hatton Garden I went with my brother to the office of Raynes and Co. either the next day or the afternoon of the same day, I think, about July 11. I there saw Gloede and the prisoner. He showed me some clocks, barometers, and watch chains. There might have been one or two other lines which I did not take much interest in. I did not buy anything. I told him they would not suit our requirements. I received a letter dated July 19 (Exhibit 32). Following that letter

the prisoner came on July 20 to our premises. Gloede was with him. They said they came from Hatton Garden. They told me they were going about the provinces buying job lots and they knew'where thousands of pounds' worth were lying and they would be able to sell them cheap, and he brought in some fire screens and curbs that day I understood from Gloede that he came from South Africa and Raynes said that Gloede had plenty of money and that was the reason they were going round buying job lots in the provinces. He showed me some fire brasses, screens, and curbs. They were then in the front warehouse. When I came out of the front office I saw them there. I could not say who brought them there. I bought 12 fire screens and three fenders, for which I gave him a cheque for £6 4s. He showed me four fenders in all. He never mentioned what had been paid for these fire screens and fenders. On August 1 I saw him again He brought an Oliver typewriter and wanted me to buy it. That was the typewriter produced at Clerkenwell Police Court and identified by the witness Mellish. I did not buy it. He took it away. He wanted either £16 or £18. He came back again and said that he had got some pressing engagements that he wanted to meet and would I advance him £6 until the end of the month. I did so. He did not redeem it within the month. I saw him again on September 3 and said, "What about taking the typewriter away?" He said, "Well, I have been so busy; I will take it away the next day." It was never taken away.

To Prisoner. I come from Australia, and I buy in London for Australian and South African interests. I have known you for a considerable time, about three or four years, as an agent, manufarturer, and merchant, dealing with buyers who are in the South African and Australian trade. During that period we have done considerable business together thousands of pounds' worth.

To the Recorder. That was when he was representing various manufacturers in Sheffield, as well as representing his father.

To Prisoner. I have given you orders for a very considerable amount of goods, which might run into thousands of pounds. The goods I ordered of you were shipped to my clients in Australia and South Africa.

To the Recorder. I paid for them; they were ordinary business transactions.

To Prisoner. It may be the case that you are well known amongst South African and Australian buvers. All the goods purchased by me from the firm of Thomas Raynes and Co, 40, Hatton Garden, have been sent by me to Australia. Your invoices for goods were accepted by the people in Australia. As a merchant and as a man dealing largelv in the Australian trade, I know something of this new tariff Several lines of goods have been affected by it—about 800. There are merchants in London who are having to dispose of good even under cost price, but they would be cancellations of orders that they may have received on account of the tariff having affected that particular line.

Re-examined. I had no knowledge that these goods were not paid for. With regard to the previous transactions in 1904, up till 1907, the goods did not come from the prisoner at all—they came direct from the people whom he represented. I did not have goods from him personally until this occasion.

To the Recorder. He was travelling for certain firms, and I gave orders for the goods supplied and paid for them. They were shipped to Australia. If I had known that these goods had been obtained at a much larger price and not paid for I should not have had anything to do with them.

(Thursday, October 31.)

ARTHUR ARCHER , salesman, employed by J.H. Dawson, manufactirer, 85. Fore Street. I remember prisoner coming to the office on July 29 with another man who, he said, was his partner and who I should say is a German. Prisoner said he was Thomas Raynes and Co., South African and Australian merchants, 40, Hatton Garden, and gave me his card. He said he wanted to buy some shears for the Australian market and gave an order to the value of £3 13s. He gave directions that they were to be packed marked "T.R. and Co., Melbourne." The pencil marks on the card are the memorandum of his order. The order was executed that day, and despatched to 40, Hatton Garden, with an invoice of which a copy is produced. He arranged to pay on the following Saturday, August 3, by cheque. On August 1 he gave a further order for shears, £3 6s. 3d., and for combs £5 8s. On August 3 a messenger called with this letter: "Dear Sir, Kindly hand bearer the parcel of combs purchased this morning, together with invoice, and also duplicate and triplicate invoices for shears already delivered." I did not see the messenger again until I saw him at the police court. His name is Knight. The shears were sent that day to Hatton Garden with a further statement of account, amounting to £12 7s. 3d. Application has been made for payment, but no money has been received, I believed that "T. Raynes and Co." were earning on a genuine business as South African and Australian merchants.

Asked by prisoner whether the lines he bought were not job lines and accumulations of stock, witness said that only the second parcel of shears was a clearing line.

JOHN KNIGHT , 34, St. John's Lane, Smithiield. I am a porter by occupation and was employed casually by prisoner when he was at Ration Garden. Besides Raynes there was a short, stout gentleman, a German. I remember being sent by him to the Agricultural Hall with a card in an envelope for a Mr. Pratt, who gave me some parcels, which I took to 40, Hatton Garden. Afterwards I took the parcels to Joseph Abrahams, in Cloth Fair. Prisoner gave me 2s. for the job. I remember also going to Dawson's, Limited, 85, Fore Street, where I took delivery of some combs which I brought to Hatton Garden. After lunch I went with prisoner and his partner to several places in the City with a parcel of combs, which they took inside

with them. I do not know whether any were sold, but there did not seem much difference in the weight of the parcel.

CLARENCE JOSEPH DANIELS , traveller for the Williams Typewriter Company, 57, Holborn Viaduct. On August 28. upon the instruetions of Mr. Stapleford, I went to Thomas Raynes and Co., 40, Hatton Garden, where I saw prisoner. He asked if he could have one of our No 6 machines out for inspection. I returned to the office and afterwards took to him such a machine as he wanted, No. 41,906. The price of the machine was £22 10s. The practice is to leave a machine 10 days for inspection. I next saw the machine at the police court I called at Hatton Garden on September 2 and again on September 4, but found no one in the office. The machine has never been paid for.

WILLIAM STAPLEFORD , sales manager of the Williams Typewriter Company for Europe. I remember on August 28 a man named Jury bringing an envelope and a card. In consequence I instructed the last witness to call at 40, Hatton Garden, and I subsequently authorised the despatch of a typewriter on trial. On September 4 Jury called upon me again and made a communication and I gave him the invoice produced for £22 10s. The machine was sold for cash and I was informed that a cheque would be brought to me in a few minutes. I did not see this machine again until after proceedings were commenced I am familiar with the Australian trade. There is no trade from this country to Australia in woollen bedding.

GEORGE WICKHAM , manager of the furniture department of the Auction Company's Salerooms, 40. Milton Street, City. I remember prisoner coming to the salerooms on September 4. He asked us to include a typewriter in our sale. He produced an invoice heading. "Raynes and Co., 40. Hatton Garden." He afterwards brought the typewriter and gave us instructions to sell it by auction. He asked for an advance upon it and I made an advance of £3. It had been used. On the date of the auction it was sold to a Mr. Crawford for £6, and I paid over the balance less commission to prisoner. I produce prisoner's receipt for £2 5s.

THOMAS EDMUND JURY , 45, Benn Street, Clapham. In August last I was employed by prisoner ns shorthand clerk and typist. I think I was engaged on Augusi 23 at a salary of £I per week. I started on a Friday and prisoner paid me 6s. 8d. for the two days of that week and £1 for the following week, so that I received £1 6s. 8d. altogether I consider I was still in his service up to September 3, when he was arrested. I understood that the office had been shut up because no rent had been paid. When I went there prisoner told me he wanted somebody to keep the office really, as he was out and about in the middle of the day. Occasionally he dictated one or two letters to me, which I took'in shorthand and reproduced. They were business letters, but I could not say to whom, as there were so many of them. They seemed to be principally asking for samples and catalogues I believed it was a shipping business, but I never knew any goods shipped during the time I was there. I did not see any correspond-eance

from South Africa or South Australia or America. There were no cables coming in. There was no cash book, day book, or ledger. I saw neither cheques nor bank pass book. I did not direct the attention of the defendant to the fact that, apparently, no business was carried on except that of obtaining goods from other people. I saw a German there, Fritz Gloede, whom I understood to be prisoner's partner. I think it was on Saturday, August 31, that prisoner had the typewriter sent home to his private address, Eden House, Clapbam. He afterwards asked me to bring it back to the City. He did not tell me he was going to sell it without reserve. I did not know he had not paid for it. I remember calling at the office of the Williams Typewriter Company on September 4 by prisoner's direction. I did not think it a strange proceeding that the machine should be taken to prisoner's private house and afterwards brought back to the City. I did not take any particular notice. When I told the Wilhams Typewriter people that a cheque would be sent along I did not know prisoner had no banking account. I imagined that he had.

To Prisoner: I went once to Poplar Docks to fetch a large cask marked "T.R. and Co." It was taken to Messrs. Abrahams, in Cloth Fair, and from there it went to Dowgate Docks and left with the wharfinger. I believe it contained steel rabbit traps. While I was at Hatton Garden I saw neither pass-book nor cheque-book.

Re-examined. The traps were, I believe, obtained from Sidebottom's.

Detective-sergeant JOHN BISSELL , E Division. On September 11, at nine o'clock in the evening, I went to Eden House, Benn Street, Clapham, accompanied by another detective officer, and there saw prisoner. I asked him if he was Thomas Raynes. I said, "You have been trading as Thomas Raynes, and I hold a warrant for your arrest for conspiring with another man to obtain a quantity of mattresses from Messrs. Fox." He replied, "Is that the only case?" I said, "That is one of them." He said, "That is all right. You will not get my partner because he has gone abroad." I thoroughly explained the warrant over again, and he said, "I shall whack Fox easy." In reply to the charge at the Gray's Inn Road Station, he said, "All right." Some of the letters and documents exhibited I found at Eden Place and others at Hatton Garden. I found a number of English and foreign telegraph forms and two lists of boats sailing to Australia; also a number of unpaid invoices amounting to £265 18s. 4d., and three receipts amounting in all to £4 13s. 3d. I found a letter-book, but no books relating to the receipt and disposal of goods. I found no correspondence with Australian, South African, or American firms. I found no cheques or pass-book. There was a quantity of stationery headed Thomas Raynes and Co. The stationery was the principal thing on the premises. There was also a list of manufacturers to be written to, a lot of it in Jury's handwriting.

To Prisoner. No goods were found in the office, but there were some cases of goods found in the basement.

Prisoner, when called upon for his defence, complained that while charged with conspiracy with Gloede he was also charged individually in the same count, and that he thought seemed hardly fair.

The Recorder informed prisoner that what had been done in respect of the indictments was in accordance with established practice but if at the commencement of the trial prisoner had said he would he embarrassed by having to deal with conspiracy at the same time he might possibly have put the prosecution to their election as to which charge they would have proceeded with.

Prisoner subsequently addressing the jury, contended that there had been no false representation.

Verdict, Guilty. Prisoner also pleaded guilty to a conviction for obtaining goods by false pretences at Birmingham on October 24, 1902.

Sergeant Moss, Birmingham Police, proved the conviction. That case, he said, was similar to the present, obtaining credit by false pretences, and the sentence was 18 months' hard labour. Prisoner was supposed to have a business in Birmigham, and obtained £40 worth of goods from a manufacturing jeweller. He was eventually arrested at Grimsby, where he had opened a cheap auction room.

Detective-sergeant BISSELL said prisoner had been charged at Glasgow and Sheffield, but not convicted. He believed there were a good many people in the conspiracy.

Sentence, Three years' penal servitude.

BEFORE THE COMMON SERJEANT.

(Tuesday, October 29.)

Reference Number: t19071021-77

WARREN, Charles Frederick (56, agent), HEMMING, Wm. (26. clerk), TRACEY, John (48. French polisher), MARMENT, Henry' Claude, and SWORD, Henry (36. decorator) ; all conspiring and agreeing together and with divers other persons names are unknown to obtain by false pretences from such liege subjects of His Majesty as might be induced to let to them houses, messuages, and tenements; certain valuable securities, to wit, agreements for letting the said houses, messuages and tenements; and unlawfully and fraudulently Inducing the said persons to execute the said valuable securities with intent to cheat and defraud them of their moneys and of the fair rent and profits arising from and out of the said houses, messuages and tenements. Warren obtaining by false pretences from the Combined Estates Company, Limited, an agreement for letting a house; from Eliza Cripps an agreement for letting a house; and from Lady George Campbell an agreement for letting a house, in each case with intent to defraud. Hemming obtaining by false pretences from Jane Arnold an agreement for letting a house; from William John Champness an agreement for letting a house; and from Florence Louisa Murrane and Michael Murrane an agreement for letting a house, in each case with intent to defraud. Tracey obtaining by false pretences from Thomas Hussey an agreement for letting a house and shop with intent to-defraud. Sword obtaining by false pretences from Eliza Ann How an agreement for letting a house, with intent to defraud. All conspiring and agreeing together and with divers other persons whose names are unknown to obtain by false pretences from such liege subjects of His Majesty as might be induced to trade with them divers of their goods, with intent to defraud. Warren obtaining by false pretences from Hugh Pugh Edwards goods value £1 9s. 2d.; from James Bromley Jones goods value 17s. 6d.; from John Jones and Sons, Limited, goods value 19s.; from William John Morrison goods value £4 14s. 6d.; and from Ashford and Company, Limited, goods value £2 19s., in each case with intent to defraud. Hemming obtaining by false pretences from fountain Girardot and Forman, Limited, goods value £11 2s.; from Burge and Company, Limited, goods value £4 2s.; from Joseph Terry and Sons, Limited, goods value £2 3s. 6d.; from Mary Ann Williams goods value £2 7s. 5d.; from Henry Kallaway goods value £13; from Richard Rogers goods value £9 14s. 6d.; from Ashford and Company, Limited, goods, value £4 10s., in each case with intent to defraud. Tracey obtaining by false pretences from John Williams goods value 15s. 7d., with intent to defraud. Marment obtaining by false pretences from Henry Kallaway goods value £9 16s. 11d.; and from Ashford and Company, Limited, goods value £2 10s., in each case with intent to defraud. Sword obtaining by false pretences from Ashford and Company, Limited, goods value £7 5s.; and from William John Morrison goods value £7 6s. 1 1/2., in each case with intent to defraud.

Sir Charles Matthews, Mr. Bodkin, and Mr. Arnold Ward prosecuted.

Mr. Pierson and Mr. Symmons defended Hemming. Mr. Wildey Wright defended Tracey.

After Mr. Bodkin had opened the case, the Common Serjeant said that it was not desirable to try separate conspiracies concerning one or two men only, and he would probably have to make the prosecution elect.

Mr. Wildey Wright said that his lordship had anticipated his objection.

The Common Serjeant. Of course, I cannot at present make the prosecution elect, but if it turns out that they are charging separate offences against A and B and B: and C and so on, that will not support any count charging all, nor will it be right to put to the jury all those different unconnected offences at the same time. I cannot tell what the evidence will be, but merely from the case as opened it indicates that there may be that difficulty.

Mr. Bodkin. If in a case that is presented there is evidence that three, say, of five peraons are acting fraudulently in relation to tradesman A, and in relation to tradesman A two other peraons are acting independently of the first three, is not that evidence which would show that the five persons were acting in aocord?

The Common Serjeant. I cannot say it would. I do not know. In some cases it would and some it would not. But if the three people with fraudulent intent try to defraud various people, and two other people defraud the same persons, alone, that would be no proof that they all five were acting together. I do not wish to send' to the jury separate charges against separate defendants, because they are all put together. We have got into difficulties in one case, I know.

(The evidence was then proceeded with.)

ELIZABETH LOUISA CRIPPS . 24, Margarita Villas, Oakley Street, Chelsea. I and my sisters are the owners of 10, Anderson Street. Chelsea. In June last year the house was to let and I received a call from Mr. Padbury (Marment). He asked to look over the house for a friend of his. I told him the rent was £60 a year and taxes. He said a friend of his, whom he had known for 16 years, would be a good tenant. I gave him the key and leave to look over the house. He called several times and Mr. Lee (Warren) came on one occasion. Marment said that Lee was a traveller and would be a good paying tenant. He said he would get the references and draw the agreement up. Marment brought the references, of which I read one, and he took them away again and said he would give me copies, but I never had them. He said they were his property. I do not remember the name on the references, but should remember if I heard them. The paper produced is what I wrote on: "10. Clarendon Gardens and 112, Lindcroft Road, Dulwich; Mr. W. H. Padbury." Marment produced letters which appeared to come from these addresses. We arranged to pay half the fees for the agreement: he said they would be 10s. 6d. each. The account produced I received from him, amounting to £3 18s., deducted from the £5. the month's rent, which left £1 2s., and I received that from Padbury in cash I signed a copy of the agreement produced for Padbury to keep. Lee then took possession of the house; I believe on the day after the agreement was signed—about June 5. I wrote to Marment saying that he had only put a 5s. stamp on the agreement, but had charged me 7s. 6d. He replied saying it did not matter; he would call and pay the half-crown: "The landlord's part only cost 5s.; I was thinking of the tenants when I charged you 5s. "I never received the 2s. 6d. from him. The July rent was paid (£5) by Lee in cash; after I had called and asked for it; some time after it was due. On September 13 I received the letter produced from Lee saying he would call and pay the rent on Tuesday or Wednesday next. On the letter is the name of "H. and F. West, manufacturers' agents, dealers in fancy goods." I think that letter referred to the September rent; it would be due on the 6th. The first month's rent was paid a month in advance. The next month was also to have been in advance, but I think you will find the agreement has been altered. Lee called and paid the September rent in the course of the week. He said, "I daresay you will think it strange, there is a brass plate on the railings, but I have bought a business." I saw the name "West" on the plate. I think the October rent was paid; I brokered for the November rent. On November 17 I received a letter asking if the rent had been paid up to that month, if not they would see it Was done—"a reply by bearer in writing will oblige us. We want this to send to Mrs. Lee, as, of course, you have heard what has happened. We are very sorry, but will do our best to put the affair straight as far as you are concerned, to the end of the term.—Yours faithfully, H. and C. Padbury." I sent an answer, but no rent was paid to me after that, except what the brokers got. It was paid

when the brokers went in. On February 10, 1907, I received a letter from Lee asking to be allowed to move his goods on giving an under-taking to pay all arrears of rent by £1 weekly instalments. The arrears were about £3, I think. Lee brought the letter and I gave it to my sister to see if she would care to agree to it. Lee came several times the same evening to know if he could take the furniture away. I told him I had not seen my sister and could not give him a decided answer. The next morning I went to 10, Anderson Street at 5.30 a.m. and saw a pantechnicon with four men moving the things out of the house.

Cross-examined by Warren. I did not give you permission to move the goods. I did not say when I saw you moving, "You are moving rather early," nor did, you say, "Yes, Miss Cripps, we are moving; you gave me permission." You have not paid me £30.

Cross-examined by Marment. When you called first and references were spoken of, you said you would write to them yourself. I did not write to them because I took your word. The name Padbury on my notes about the references is not intended to mean that Padbury was oat of the references. I thought you were going to let me have the names of the references. I did not look at the names on the two letters, because I thought I was going to have the letters. You did tell me that Lee was living in a much larger nouse than the one he was going to take. When Lee took the goods away I telegraphed to the broker to go to the new, house, but he could not get in, as the doors and windows were nailed down. There was £25 paid in regard to 10, Anderson Street. I distrained in November, as soon as it was due. I know nothing about the people who wrote the refernces.

ROBERT WEIGHT , 29, Benhill Road, Camberwell, clerk to Nicholl, Menisty and Co., solicitors, who are agents for No. 3, South Street, Chelsea. The owner is Lady George Campbell. In June, 1906, the house was to lei, and Marment—Parbury we knew him as—called about it. presenting a card similar to the one produced: "Messrs. H. and C. Padbury, surveyors, land agents and builders, 17, Montpelier Place, Brompton Road, S.W." In reply to his inquiry we told him we had some houses to let on a short tenancy, including 3, South street. Prisoner said he could find a suitable tenant for this house—the rent was £6 a month. I said we should require the usual references, which he said he would be able to give. I think this happened on June 7, but he called on several occasions afterwards. He mentioned the name, as far as I can remember, of E. Lee, as tenant. The letter (produced) was handed to me by Padbury. I see my hand-writing upon it. It is a reference in favour of Lee, signed "C. Warren." I also received the letter of June 12 another reference—signed by H. and C. Padbury. We agreed to accept Lee as tenant on the terms in the agreement (produced) of June 15, 1906, between Lady George Campbell and George Lee, of 34, Clarendon Gardens. The rent was to be paid monthly in advance. We wrote on June 13 accepting George Lee as tenant of 3, South Street, from June 24,

and Marment sent us an account of his charges. £2 10s. dated June 11 Padbury paid the first month's rent in advance from which the. £2 10s. was deducted. The agreement (produced) was sent to Padbury, and we received it back signed George Lee, witness "H Padbury, surveyor." The address of Lee was blank when we sent it It came back as "34, Clarendon Gardens, Mania Vale." The original was signed by Lady George Campbell. (Agreement was read.) The next rent was due on July 24; it was paid in July; I do not know by whom. We had a letter from Padbury of September 30: "17. Montpelier Place" is run through at he top and "10. Anderson Street" put in. It complains of the water pipes being broken, etc. which he had to put in order, paying 16s. for same. Another letter was received September 26 with the heading, Montpelier Place struck out: "Temporary office, 10, Anderson Street, Kings Road, Chelser." It is from H. and C. Padbury, and says that Mr. Lee during Mr. Lee's absence had instructed them to look after his interests, and as they understood some rent was due, and they would see him during next week they would send cheque for balance. We believed the references to be genuine. On October 5 we wrote Messrs. Padbury, saying our application for rent to Mr. Lee had been returned, the envelope being marked not known," and asking if we could look to them for payment. On October 6 we had a reply saying, they would send the two months' rent due on September 24, one day next week. On October 29 we received an account from Padbury showing a net balance due to us of £5 4s. My impression is that the money was brought with that letter. We received another letter on November 22, with the address, "21, South Parade, Fulhan Road," complaining that the party serving notice on No. 10, North Terrace, was very objectionable and insulting, and asking that he should be allowed to serve it. The letter also says that the rents of 10. North Terrace, and 3, South Street, would be duly paid on December 13. Padbury had let 10, North Terrace, for us I answered on November 29, and wrote again on December 3. (Several letters received and sent, dealing with 10, North Terrace, and 3. South Street, were proved by witness in regard to giving up Posses sion. etc.) The letter of December 18 to Padbury was returned through the poet. The last letter we received was on January 31. enclosing key of 10, North Terrace, snd saving he could not get the key of 3, South Street, as he could not find the late tenant: the rent owing he would send as soon as possible, etc. After the £5 4s. paid in October nothing further was received. About the end of January our agents took possession of 3, South Street. There was three or four months' rent due then. I cannot remember any further message from Padbury.

Cross-examined by Warren. I do not know who the tenant was of 3, South Street. I do not say you were. You did call once with the rent in some other matter.

Cross-examined by Marment. I know you as H. Padbury. of the firm of H. and C. Padbury, land agents and surveyors, Brompton

Road. I cannot say that I appointed you one of our agents. In regard to these houses, we were employing one agent in the immediate locality, and our client told us to put it in several hands. You called on us and said you could introduce tenants, and we dealt with you I do not know if that would be held to be appointing you agent for us. I was not instructed to employ only three agents. You told me you had a reference from a man named Warren, who had known you a number of years. I do not recollect whether you said you did not know the tenant. I did say that if you sent a letter saying your partner knew him that would be as a reference, but I did not know the firm, I only knew of Mr. Padbury. You called to pay the first £6 rent and 5s. stamp on the agreement, less £2 10s. It is usal to stop commission out of the first month's rent in a letting of that kind. I remember that a young man about 27 years old came and paid one of the rents. I do not remember him saying he was one of the tenants; I treated him as being a tenant. Three months' rent in all was paid for 3, South Street.

FREDERICK THOMAS SKINNER , clerk to Charles Henry Bragg, auotioneer and estate agent, Kensington. On February 8 last I received a visit from Mr. Gunn (Warren). He gave me the address of 10, Anderson Street, Chelsea, and said he was an engineer. He applied for a house at about £50 a year. We put before him two or three houses in the usual way, one being 24, Gratton Road, West Keusington, giving him the keys. He returned soon afterwards and said he would like to take the house. He left two references, and the terms were arranged at £50 per annum on a three years' agreement. Mr. Sherlock, a fellow clerk, was present then and made a note of the references. We subsequently wrote to one of them. Warren mentioned that he wanted a larger establishment owing to having two daughters coming home from Germany.

Cross-examined by Warren. To the best of my belief you paid the rent for the Gratton Road House and you gave up possession when asked. I believe you paid half the money for the agreement. I went into the house two or three times, but only into one or two rooms, and they appeared to be well furnished.

CHARLES HENRY BRAGG , house agent, Maclise Mansions, West Kensinton. I am agent for 24, Gratton Road, West Kensington, and have been for several years. The owners of the house are the Combined Estates Company, Limited, 11, Great James Street, Bedford Row, the manager of which is Mr. Bradley. The house was to let in February this year. Prisoner Warren came to see me then, giving the name of Gunn. I was told by my clerk that he had given references and I dictated two letters to them, receiving the reply produced from H. West, 10, Anderson Street: "In reply to yours of yesterday's date. I beg to say that during the time Mr. T. Gunn has been my tenant he has always been prompt in his payments, and I have no besitation in saying you will find him respectable and a reliable tenant," etc. A reply was also received from the other reference; I to not remember the name. (Another reference was read.) I sent

those references to Mr. Bradley, who gave me instructions to accept. (Agreement produced.) I did not actually see Mr. Gunn sign the agreement; my clerk Skinner did. The rent was paid when it fell due up to March 25, and I think I made an allowance for non-occupation. When the next rent was due (June 24) I sent a letter round demanding the money. It was not forthcoming on the 25th, so I distrained.

Cross-examined by Warren. I believe you sent round on June 24 asking to give you time for payment, and I told the messenger I would not. I believe your house was furnished. I was paid the rent when I distrained.

CHARLES SHERLOCK , 14, John Street, Victoria, deposed to taking agreement produced to 24, Gratton Road, but Warren was not in He saw prisoner when he came to the office on a subsequent occasion.

JOHN ECCLES BRADLEY , manager to the Combined Estates Company. Limited, owners of 24, Gratton Road. Mr. Bragg was agent for that house. In February last year I received a letter from Mr. Bragg enclosing a reference from Henry West. I believed it to be a genuine reference, and I signed the agreement in consequence.

JAMES JONES , "Craven Arms" Shropshire, game dealer. I received the letter produced from 24, Gratton Road, Kensington, "Mrs. Howlett will thank Mr. Jones to send six dozen new laid eggs, to arrive on Saturday morning, and at the same time enclose account." I sent the eggs, value 6s., and the account with it. A week later I received a postcard, "Mrs. Howlett found the eggs lovely and fresh and would like six dozen sent this week; also two nice ducks or spring chickens." These goods I sent, value 12s., enclosing account. Then I received another letter on the 17th, "Mrs. Howlett would be glad if Mr. Jones would forward as per enclosed tab, to arrive Saturday morning, four nice ducks, not trussed, for presentation to Mrs. Howlett's daughter. No eggs will be required this week," etc. "To be called for at the Parcels Office, Addison Road Station. "These ducks were not sent because I had an idea Mrs. Howlett had not a daughter old enough to make a present to. There was a Mrs. Howlett who had left our neighbourhood and come up to London a week previous to this, and I was thinking she was the person I was sending to, and I knew she had not a daughter old enough; so I was suspicious.

THOMAS HUMPHREY EDWARDS . I am manager for my father, who is a butcher at Aberystwyth. The letter produced, dated July 7. I received from Mrs. Howlett, 24, Gratton Road, "Mrs. Howlett will thank Mr. Edwards to send a forequarter of real Welsh mountain lamb, to be sent to the Parcels Office, Addison Road Station, to arrive on Friday evening or Saturday morning," etc. I sent the lamb and enclosed an account with it. The value was 15s. On July 10 I received another letter from Mrs. Howlett saying she found the lamb delicious and would be glad for us to send another, to be sent to the same place. That we sent. The total for the two was £1 9s. 2d. (Account produced.) I never received payment. When I supplied

the goods I thought Mrs. Howlett was a respectable person. We often send goods to London like that. We sometimes advertise in the papers.

HARRY YATES , clerk to John Jones and Sons, Limited, meat salesmen, Llandudno. I received the letter produced of July 17, 1907, 24, Gratton Road, Kensington, from Mrs. Howlett, asking us to send a side of real Welsh mountain lamb to be sent to Addison Road Station. (A similar letter to that spoken of by previous witness.) We sent the lamb and the invoice with it. (Produced.) We then received a further letter giving a similar order for goods to present to her daughter (as in the last case). We did not send that, but wrote a letter saying we could not execute it without bankers' references or payment for the first order, etc. We believed Mrs. Howlett was an honourable person and intended to pay, but we never received anything. There was no answer to that letter. We send a large quantity to London, especially Kensington. The class of customers there is rather above the average as a rule.

Mr. Arnold Ward said he was going to Hamming's case to prove that Frinton House was obtained under conditions concerning which no charge was made.

The Common Serjeant. It must be evidence against somebody. Mr. Arnold Ward. There is no charge in the indictment, but there is evidence of obtaining the house by fraud against Hemming.

The Common Serjeant. We will not have that. We will not have evidence to show a man's motive until we have something either for or against him. It is no good saying we give evidence that Hemming is a very bad man, but we cannot give'evidence on the charge.

Mr. Arnold Ward. Will you let us call that later?

The Common Serjeant. I do not say that I shall; we will not have this now. It may come later or not. I only say it is not evidence now.

Mr. Arnold Ward. In the next case there is no charge against Warren or Marment; the prisoners concerned are Hemming and Sword.

The Common Serjeant. We are not going to charge another case which is not connected with the prisoners, unless you like to strike out all the evidence you have got and say you abandon the case which at present is opened.

Mr. Arnold Ward. We will go to a witness who gives evidence against several prisoners in several cases.

The Common Serjeant. Do that if you like.

(Wednesday, October 30.)

Mr. Bodkin said that, as the learned Judge thought it undesirable that there should be charges of conspiracy in the indictment in which all the prisoners were not involved—i.e., in addition to the general charge of conspiracy to defraud and to obtain houses, there were subsidiary conspiracies of two or more of the prisoners—as the prosecution did not desire to in any way improperly hamper the defen-dants,

and as the evidence had only affected Marment and Warren upon the charge in reference to the houses, he proposed to discharge the Jury from giving a verdict in regard to the other three prisoners, who would then have an opportunity of being tried before another jury, and that the case should now deal solely with Marment and Warren. (Reg. v. Gordon referred to.)

The Common Serjeant. In this case it was apparent upon the opening that this was a prosecution which involved nominally and, on the face of it, a general crime committed by the five defendants and, rightly enough, they were indicted together. In such a case, also, it is right to include separate acts which are connected with the general conspiracy as charges against all the five, or against any, if they are acts which form part of the story of the combination. Further than that it is not right to go. It is clearly wrong and contrary to practice to include in one indictment charges against one, two, or more of one crime and others with another crime, even when one of the parties in the first crime is also charged as a party to the second. It is unfair to the defendants; it is improper, if not unfair, that two separate, independent crimes alleged against different defendants should be brought before the Jury on one trial which involves a multitude of issues; it makes it very hard, if not impossible, for the Jury to try it. If counsel for the prosecution say there really is a substantial case on which I could ask the Jury to convict all the prisoners of one crime, I should act upon that. Here that assim ance is not given, and the Court is left to act upon that which is apparent—namely, that in one case there are joined together independent charges against different defendants. Five people are charged with one conspiracy which there is no substantial ground for alleging against the five, and then, having brought those five together, as if they were engaged in one crime, different crimes are alleged against different people. That is a misuse of the process of a criminal court, unfair to the accused, embarrassing to the Jury and to the Court. I have no doubt, as is suggested, there is power even at this stage to sever this charge, to break the indictment into different parts, and confine the attention of this Jury on this occasion to one part (which ought to have been the whole of one indictment), leaving the other counts to be dealt with on a future occasion; but that is a coarse which generally ought to be taken at an earlier stage. It would not be the right course for the Court to take on this occasion, because it it is time that it should be stated, not only that such procedure on the part of the prosecution is erroneous, but that it is wrong and it ought to be discouraged and treated in a way which will stop the repetition of such a proceeding as far as the order of one Court can discourage it. Therefore the course I shall take is one which I have no doubt is within the power of the Court, and that is to quash the indictments which charge offences not involving Warren and Marment. With regard to the general charge of conspiracy, of course, that remains to be dealt with, and if there is no evidence against the other three defendants they will necessarily be acquitted.

WILLIAM JOHN MORRISON , manager to the Irish Poultry Company, Heathfield, Essex. On February 27, 1907, I received letter from Mrs. Howlett, of 24, Gratton Road, ordering fowls, eggs, butter, and bacon, value 10s. 6 1/2 d. Believing it to be a bona-fide order I sent the goods. On March 6 I received similar order and sent goods to the value of 19s. 11 1/2.; March 12 a similar order; March 20 £1 5s. 8d.; March 25 £1 4s. 10 1/2 d. On April 2 we reoeived a further order which we did not execute, as we do not allow an account to run over a month. We made several applications and have not been paid; took proceedings in the county court when the summons could not be served as it was stated that no such person existed and substituted service was ordered. We have never been paid.

Cross-examined by Warren. We obtained judgment in July, but did not put in execution, as we found you were arrested when we were going to do so.

ALFRED GEORGE PLUMMER , manager to W. and G. Ashford, Limited, Essex Street, chimney sweeping machinery manufacturers. I received letter of March 5, 1907, from Howlett ordering a set of drain rods, value £3, and forwarded the goods believing it to be a bonefide order. The account is not paid. On July 16 we received letter produced from H. Stanley Martin, ordering another 40 ft. drain and chimney sweeping set. We have not been paid.

Cross-examined by Warren. We advertise very largely in various papers and usually send the goods on receipt of order.

HENRY KALLAWAY , Uppr Ottery, poultry dealer. I advertise in the "Church Times," and on June 28 received letter produced from H. West, 10, Anderson Street, King's Road, S.W., ordering for delivery on Saturday a couple of fowls and a couple of ducks not drawn, eggs and butter to the value of 14s. 6d. I sent them thinking they were genuiue people, and believing the statements in the letter which has the heading, "H. West, manufacturer, agent, and dealer in fancy goods." On July 4 I received an order and dispatched Sgoods value 6s. 2d.; Jul 12, 19s. 8d.; July 18, a similar parcel; July 25, 19s. 2d.; August 1, £1 2s. Id.; August 8, £1 4s. 3d. On July 31 I sent statement of account and was asked by H. West if it would be convenient to pay quarterly. I replied that I was a young beginner and could not run quarterly accounts. On August 13 H. West wrote that they would pay monthly and ordered goods to the value of £1 2s. 3d., which I sent. On August 20 I received letter regretting non-payment, and suggesting my sending further goods, which I did to the amount of 16s. 10d. After further correspondence, on September 9 I received bill of exchange produced at one month for £8 5s. 7d., accepted by W. H. West, of 10, Anderson Street, Chelsea, London, S.W. I received a further order, but did not send the goods, but on September 7 sent a further lot, value £1 3s. 2d. The bill was presented in London, but no payment has been made.

Cross-examined by Marment. I took proceedings in the county court and got judgment against West, 10, Anderson Street, at an expense of £4. I did not issue execution, because I was advised it was throwing good money after bad.

Police-constable WALTER GRESTY , Criminal Investigation Department. W Division. On August 15, 1907, at 12 noon, I saw Marment in the Brixton Road. I asked him if his name was Marment. He said, "No: it is Padbury." I told him I should arrest him, and that he would be charged with being concerned with others in custody in obtaining leases by false pretences from the Misses Cripps and other charges. He said, "I know nothing about the leases, but I got the reltrences. I heard about the others dropping at Westminster. I never expected this." I took him to the Brixton Police station. When asked for his address he refused to give it. "Dropping" means being charged.

Detective-constable ALBERT KIRCHNER , P Division. On August 11 I kept observation in Gratton Road, when I saw Warren and said I should arrest him for having conspired with others to obtain the lease of 10, Anderson Street and other places by false references from Miss Cripps and others with intent to defraud. He said, "I do not know how they make that out. I always pay my rent. I do not owe any rent. They cannot touch you if you pay the rent. I have paid my rent at Gratton Road, or my wife has. I do not owe any rent there. There is a lot of furniture in the house and if I owe any rent they can distrain and it will be paid out. At Anderson Street she knew I was going." I said, "The charge is for obtaining leases and houses by false references, and there will be further charges for obtaining goods by fraud in the name of Howlett at Gratton Road." Warren said, "I do not know how you can confuse me with Howlett. He is only a lodger in the house. If the people come from the country for their money they will be paid out."

Cross-examined by Marment. I have not seen you with Warren this year or last year.

Inspector FRANK KNELL , C Division. On August 11, at 10.30 p.m., I read the warrant to Warren at Hammersmith Police Station for unlawfully conspiring together and with persons unknown by false pretences to obtain valuable securities and agreements for letting divers dwelling-houses. He said, "We always pay our rent. Where does the false pretence come in?" I said, "Your references were false." He said, "That may be, but I do not admit that they were." I told him that there would probably be other charges preferred against him for obtaining goods by fraud. He said, "Yes."

Cross-examined by Warren. I searched 24, Gratton Road, on August 11. I found the lid of an egg box and a cider case; the house was furnished. (To the Judge.) A man was there, an exconvict and a prostitute; not Mrs. Howlett. (To Marment.) I did not know you prior to your arrest. (To the Judge.) I knew Warren by a number of names from the correspondence we have seen.

Detective-sergeant JOHN ASHLEY , T Division. On August 15, at six p.m., I conveyed Warren from Brixton Police Station to Walton Street, and there read the warrant. He is charged under the name of Padbury. He said, "That agreement is not my agreement at all; it is Warren's. I was simply an agent in the matter, and I have not

seen Billy Hemming since they left Anderson Street, when he called there four or five times with Walter." On August 11 I searched Warren, and found a quantity of memoranda, addresses of firms, and a book containing the names and addresses of tradesmen in the provinces, some of whom appear in this case; also business cards, "H. and F. West, manufacturers, agents, and dealers in fancy goods, etc., 10, Anderson Street, near Sloan Square, S.W.," and bills relating to goods supplied to Mrs. Howlett. On the same day, at 11 p.m., I searched 24, Gratton Road, and found in a desk and other places in the front basement two books containing names and addresses of tradesmen, and an entry, "H. C. Marment, 51, Lancaster Road, Notting Hill." in the handwriting of Marment; another book containing names and addresses of tradesmen in Warren's handwriting; notepaper similar to Exhibit 87, and other patera. I saw two men in the house, but no woman. In the desk was agreement by Thomas Donelly, of 10, Anderson Street, for lowing 24, Gratton Road. There was also the lid of an egg box labelled, "J. B. Jones, 'Craven Arms,' Shropshire." I found also book (produced) with several entries in Marment's handwriting referring to "C. W." (Wirren) "2s. 6d." and various items of payments of small sums to "C. W." and others adding up to £3 7s. 2 1/2 d. Before that is "H. Padbury cash" and at the end of the book are "H. Padbury" and "C. Warren." In the agreement between Elizabeth Cripps and George Lee, "Henry Padbar, agent for George Lee" is in the handwriting of Marment; the signature "George Lee" is written by Warren. (Witness identified a large number of letters and agreements as written or signed, by Warren and Marment in the names of Padbury, Lee, and West.)

Cross-examined by Marment. I have not made inquiries at 51, Lancaster Road. In the book I find entries, "September 7, 1906, Mr. Lee to Padbury £110s," and "£4." I did not know you before arrest.

Detective GEORGE WESTON , T Division (called at the request of Marment and cross-examined by him). I have known Warren now for about 10 years. He was not interested in an estate office in Gower Place for three years. He was in Antill Square in 1901. We lost trace of him from 1901 to the end of 1902. I have seen Marment with Warren in December. 1906, near Anderson Street, and on several occasions since last October I have seen Marment at 2, Cedars Road, Walham Green. I followed Warren from Gratton Road to Marment's address and saw them meet there—a house kept by Haig at 2, Cedars Road. I have seen Marment visit that house several times, and I have followed Warren carrying poultry there from 24. Gratton Road. I have seen Marment with Warren at 2, Cedars Road three times—once when Marment was locked in the front room.

CHARLES FREDERICK WARREN (prisoner, not on oath). As to Anderson Street, I took the house and paid the rent regularly and the landlady gave me permission to leave. Even supposing we moved away without her knowledge, she had the option of distraining upon the goods when they were at 24, Gratton Road. All the rent was

paid at Gratton Road. The letters written there by me were written at the request of a lodger, who came in February and left three weeks or so before these proceedings were taken. There was nothing found there of mine. I have not seen Marment since October, 1906. As the last witness said, I have been to that house, but have not seen Marment there.

HENRY CLAUDE MARMENT (prisoner, not on oath). I am charged with conspiring to obtain houses, not to live in, but for the purpose of obtaining goods with intent to defraud. Taking 3, South Street first, I was trading with a partner as H. and C. Padbury. Surveyors and land agents, 17, Montpelier Place, Brompton Road, in April, 1906. In May or June I saw Mr. Waite at the agent's for Lady Campbell; they had from 20 to 30 houses to let there. There was no rent made, and we had to make a rent. My partner, C. Padbury, brought a young man of 27 or 28, named George Lee (not Warren, as represented by the prosecution), whom he knew very well. I showed Lee No. 3, which he thought would suit. We made the rent £6 a month, payable in advance, to include rates and taxes, which for that neighbourhood is very cheap, but the houses were coming down in 12 months. He gave me a reference to Warren, who was in business in 1903, 1904, and 1905 at 1a, Gower Place. I collected the first month's rent so as to get my commission, which is usual for an agent to do, and Lee paid his next month's rent to Mr. Waite and got a receipt. They were only there for another six or eight weeks and the house was vacant. I had nothing to do with the house, but I took a certain amount of trouble, as I wished to keep on with the estate to let to builders, as the houses were coming down and I knew there would be development. I think that house has nothing to do with this case. As to 10, Anderson Street, I have known Warren since 1891 as an estate agent, sometimes seeing him frequently, sometimes not for years. I met him accidentally in Chelsea, and he asked me if I knew of a house at about £50 or £60 rent near Sloane Square. I told him of this house and then saw Miss Cripps to learn the rent. which was £60, and also to get my commission for letting it. Warren had just left a house, where he was a tenant with Lee, in Camden Town for three years, at £65. I said Miss Cripps wanted references, and he said, "There are plenty of references; everybody knows we pay our rent. It must be in the name of Lee, as the furniture belongs to Mrs. Lee and she is the responsible party." That is why the house was taken in the name of Lee. There was five months' rent paid and three months' owing. According to what Miss Cripps told me, she could have had her money if she had chosen to distrain; there were plenty of good there. Mrs. Lee had a top back bedroom not used, and she offered for me to come and board and lodge at 20s. a week, which I did. She said, "Possibly, Warren and you can do some business together." Hence we started H. and F. West, which was to be a postal business for the sale of jewellery and fancy goods by advertisement. Very little came of it because we had no available capital. It is proved by that cash book that I paid Mr. Lee on September

7 £1 10s. for board and lodging, and on September 14 £4. As to Kallaway, I ordered the goods for Mrs. Lee. She wanted credit for a month, or two and, therefore, that promissory note was given. As far as I know, no application was made for that money, or I should have seen that she paid something on account, if not all of it. I admit I wrote nearly all the letters during that time. At the end of October I had a disturbance with Warren, left, and have never seen him since. The officer has made a mistake as to that. Had that house been got for the purpose of getting goods, we would not have been satisfied with one lot when we might have got 20 or 30. As to the set of drain rods, there was a builder living there with his wife, daughter, and son, and the drain rods were for him. I wrote the letter and that is all. There are only two lots of goods I am interested in. As to the houses, they are bona-fide tenants and the rent was paid in both cases.

Verdict: Warren and Marment, generally Guilty; Hemming, Tracey, and Sword, Not guilty pleaded guilty to having been convicted on July 25,1898, receiving three years for obtaining by false pretences; two conviotions for brothel keeping were proved at 10, Anderson Street, and Camden Town.

Marment pleaded guilty to having been convicted on November 18, 1901, receiving three years' penal servitude for stealing jewellery; three other convictions were proved—15 months' for forgery, 22 months' for conspiracy, and three months' for stealing jewellery. Sentence, both, Five years' penal servitude.

BEFORE JUDGE RENTOUL.

(Wednesday, October 30.)

Reference Number: t19071021-78

SOLOMONS, Jacob ; maliciously publishing a false and defamatory libel of and concerning Morris Rubenstein.

Mr. A. W. Elkin prosecuted; and Mr. Eric Dunbar defended.

Mr. Dunbar submitted that Section 4 of the Trades Dispute Act applied to the case, inasmuch as it was not disputed that prisoner was acting on instructions from the branch of his trade union in publishing the defamatory pamphlets complained of. It was a quasi civil matter, because it was open for the prosecutor to proceed civilly, and the Section stated that such a case should not be entertained by any Court.

Judge Rentoul said that had the framers of the Act wished to include criminal proceedings they would have inserted the words "no action or prosecution." He refused to state a case.

After hearing the evidence for the prosecution, on the suggestion of the Judge prisoner withdrew his plea of justification and pleaded Guilty, and was released on his own recognisances in £10 to come up for judgment if called upon.

Reference Number: t19071021-79

TYER, George (28, labourer) ; robbery with violence on Frank Turner, and stealing from him a portion of a watch chain.

Mr. Trapnell prosecuted.

Police-constable JOHN STEVENS , H Division. On October 7, about nine p.m. I saw prisoner in Hanoury Street, Spitalfields, in the company of Turner and two females. I kept them under observation and followed them about from public-house to public-house, nine or ten in all. In the fifth public-house one of the females left and prosecutor and the other female came out together with the prisoner, who was carrying two quart cans of malt liquor, which he took to a house in Ferrol Street. The female went with prosecutor to a beer-house close by. In about 10 minutes prisoner entered the same bar and afterwards left the house with Turner. He went to another house in Commercial Street. From Commercial Street he went to the "Weavers' Arms" in Han bury Street and met the female, who had already got there from another direction. They remained there till closing time, when they all came out—the prisoner, the prosecutor, the female, and a strange man. They went to Old Montague Street and stood talking at the corner. All at once I saw prisoner strike Turner in the face and hit him against a shop. He hit him five or six times about the face and chest, and then walked sharply away to a little court in Old Montague Street. Turner, the female, and the strange man then went into Whitechapel Road and prisoner came through a court and walked along on the opposite side of the road. They came to a coffee stall and stopped, and prisoner watched them. The strange man walked away and I went over and had a look at him. He appeared to be a half-drunk seaman himself, and I took no more notice of him. A few minutes after Turner left the female at the coffee stall and went towards Fenchurch Street. I pulled him up at the corner of Fenchurch Street and saw he had not a watch chain, which he had had up to the time he left the last public-house. I said, "I am a police officer; have you lost anything?" I communicated with another officer, and he arrested the prisoner and I arrested the female. They were taken to Commercial Street Police Station, when prosecutor said he would not charge the female but would charge the man with assaulting him and stealing his watch chain. Prisoner said, "I am as innocent as you are," to me. When searched, only a few coppers were found on him. Prosecutor gave evidence at the police court the next morning. He had two black eyes and three teeth loose. His ship sailed the following day and he went with her. I was in plain clothes in the vicinity for the purpose of preventing this class of offence—robbing drunken seamen. There is a terrible raid on these sailors. I do not know of any convictions against prisoner.

To Prisoner. You did not leave prosecutor rowing with another man.

Police-constable GEORGE HOUSDEN , 82, H Division. I was with Stevens on October 7, and followed prisoner and prosecutor. I saw the prisoner strike the prosecutor and have a bit of a struggle with

him. I was some distance away, but I am quite sure, because I passed them a minute or two before. I told prisoner I was a police officer, and should arrest him for being concerned with Jenny, the woman, with assaulting and robbing Turner. He said, "All right; I know nothing about it." At the station, when the charge was read over to him, he said, "I am as innocent as you are." I followed them because the woman is notorious and makes her living by getting these drunken seaman robbed by bullies.

Prisoner's statement: "I was not standing in Montague Street at all. I did not go along the Whitechapel Road. I went through a back turning. I was at the coffee stall before they came up. I left them in Montague Street."

(Defence.)

GEORGE TYER (prisoner, on oath). I am a coster. Turner and I went to about three beershops altogether. When we got to the corner of Montague Street I left him rowing with another man. I went through one of the turnings into Houndsditch and had a cup of coffee, and as I was going away the constable took me. Prosecutor and I were both drunk.

Verdict, Guilty. Released on recognisances in £2 to come up for judgment if called upon.

Reference Number: t19071021-80

PARKS, Henry (28, shoemaker) ; robbery with violence on Henry Bond and stealing from him the sum of 15s. Retrial (see p. 966).

Mr. Spranger prosecuted.

HENRY BOND . On Saturday evening, October 5, as I was going home from work between seven and eight I went in a beerhouse called the "Britannia," at the corner of Commercial Street, for a glass of ale. Prisoner was there and I got into conversation with him, and I stood him a drink. As soon as I got outside the door I was leaped on from behind, and prisoner took the money from my pocket. I never saw him before till then. I had between 15s. and 16s. I chased prisoner to the next turning and saw him go into a lodging-house, and then I was tripped up. A police-constable came up and I stated my case. On his advice I went to the station and reported to two plain clothes officers, and gave a description of the prisoner. I waited at the station about half an hour, when they brought prisoner in and I identified him.

Cross-examined by Prisoner. I left work at one o'clock on Saturday and had a drink with my shop mates, leaving them at 3.30. I went for a ramble round and to get a few tools as my firm is moving into the country. I was not in the "Queen's Head" between 1.30 and five. I met you soon after six in the "Britannia." You were in the public-house before me. We had three drinks. I ran after you and saw you run to the door of a lodging-house. You say I knew you before, and that we were in the army together. I have never been in the army. When you were charged you said, "Are you going to charge a comrade that fought side by side with you?" I had been friendly with you and had no quarrel.

GEORGE WILLIAMS , landlord of the "Britannia," Commercial Street. I have known prisoner over two years. I saw him in my bar on the evening of October 5, with prosecutor, about 7.30. They had two or three drinks and were talking about the army. Prisoner went out first and Bond afterwards, and then there was a shout outside. I went out and found a crowd there.

Cross-examined by Prisoner. You and prosecutor walked in the bar together. I think you went out just before him. As he opened the door I heard scuffling. He came back to me two minutes afterwards and said the man he had been drinking with had robbed him.

Police-constable MICHAEL O'SULLIVAN . At 8.15 on October 5 I arrested prisoner in consequence of information given me by prosecutor. I said, "I shall arrest you on suspicion of being concerned with others in assaulting a man a little while previous outside the 'Britannia' public-house." He said, "What man?" I said, "You will be put up for identification." He said, "All right." At the station he was identified by Bond at once, and then I charged him. He said, "That is a lie; he cannot prove it." I searched him and found 5s. 6d. in silver and 2d. bronze on him. Bond was sober.

Cross-examined by Prisoner. When I arrested you you were on the footway outside the "Queen's Head" talking to Agnes Davey.

(Defence.)

HENRY PARKS (prisoner on oath). I have known Bond for a long time. It was either he or his double, or his brother, that I knew in the army. I was with him in the public-house from 1.30 till five and then I went home and went to sleep. I came back and met prosecutor again and had a drink with him. Then I left him and walked over to the "Queen's Head." I saw no more of him till I was taken to the police station, when he charged me.

Cross-examined. Bond charged me because he did not know who had robbed him, and I had been with him all the afternoon. I swear I am innocent. The 5s. 8d. found on me I had earned in Covent Garden that morning. I could prove Bond was in the "Queen's Head" that afternoon. I know he had money on him in the afternoon but not at seven o'clock.

Verdict, Guilty. Many previous convictions for robbery were proved.

Sentence, 18 months' hard labour.

Reference Number: t19071021-81

DAVIDSON. Henry, and LIMBURGH, James ; unlawfully and maliciously inflicting grievous bodily harm upon Matthew Fitzgerald.

Mr. P. T. Blackwell and Mr. L. A. Lucas prosecuted.

MATTHEW FITZGERALD , labourer, 6, Holwood Street, Bromley-by-Bow. On June 6 I went to work at Clarke's Biscuit Works at six a.m. I went to breakfast and came back at 8.30. I was wearing this handkerchief round my neck. I went into the warehouse where the two prisoners were and heard Limburgh say to Davidson. "Sling him." Davidson got hold of me by the neck and put the hook of the

crane into my handkerchief. Before I could release myself I was in mid-air. I was dashed against the wall several times and was caught in the crane. I was there about half a minute, and then the muffler gave way and I fell. I was taken to the hospital and remained there just on 14 weeks. I never had any row with the prisoners. We were friendly so far as I can recollect. I had worked with Davidson for five days. I did not work with the other man. I had spoken to Limburgh occasionally. I know no reason for their doing it, and was surprised. There was no jealousy between us. I was only an odd man.

Cross-examined by Limburgh. I heard someone say, "Sling him." I should say it was you.

GEORGE WILLIAM WADE , 57, Morant Street, labourer. On June 6 I was standing on the flap of the loop-hole when Davidson fixed the crane underneath the scarf on Fitzgerald's neck and Limburgh pulled the rope. I saw Fitzgerald lifted into the air and go to the top of the building, and I walked away; I was frightened. I know of no quarrel between them.

HAROLD RIDEWOOD , house surgeon, Poplar Hospital. Prosecutor was brought in on June 6. He had a double fracture of the right femur and had sundry wounds on both hands and left elbow. He was in the hospital about 14 weeks.

Police-sergeant WILLIAM BROWN . I arrested prisoners, and Limburgh said, "That is quite right. It was only done for a lark." Davidson said, "I only done it for a lark; I was frightened when I saw him go up." The building is about 57 ft high. The crane is on the top and reaches out over the canal and is used for unloading coal from barges and then conveying them into the portholes on the various floors. Fitzgerald fell about 57 ft. into the barge below. It is a hydraulic crane and the men did not understand it. Somebody went to the top of the warehouse to try to reach him. They happened to touch the rope and let it out. That released his arms and he was powerless. The neckerchief gave way and he fell. I have made inquiries and find both prisoners are respectable men. They both visited Fitzgerald in the hospital.

(Defence.)

JAMES LIMBURGH (prisoner, on oath). First thing I heard was when they said, "Pull him up." I turned round to see what they wanted and found the hook under Fitzgerald's handkerchief. I pulled the rope. Fitzgerald asked me to pull him up. He was in the joke as well as us.

Cross-examined. I did not tell the officer nor the magistrate that he asked me to pull him up because I was so worried over it. I shall let it go as a lark.

DAVIDSON. It was a lark.

Verdict, Guilty. Recommended to mercy, as there was no malicious intention. Prisoners promised to help prosecutor.

(Thursday, October 31.)

Police-sergeant BAKER stated that he had seen Mr. Clarke, who had promised to take prisoners back into his employment as soon as vacancies occurred, which would probably be in about a week or a fortnight.

Judge Rentoul released prisoners on their recognisances to come up for judgment if called on, and ordered each of them to pay 2s. 6d. a week to the prosecutor until he could resume work. If the money was not paid the sentence would be a very heavy one.

BEFORE THE RECORDER.

(Thursday, October 31.)

Reference Number: t19071021-82

HALSEY, William (38, fitter) ; robbery on William Church and stealing from him one watch, his goods, and assaulting him.

Mr. Bohn prosecuted.

WILLIAM CHURCH , crossing sweeper. I am a cripple. On October 8, about 20 minutes to six, I was in the "Princess Royal." Great Western Road, Paddington. Prisoner was in there and forced his conversation upon me. I was not anxious to talk to him and did not want to have anything to do with him at all. Afterwards I went into the urinal. Prisoner followed me in and knocked me about, striking me on the head and about the body. I had never seen him before to my knowledge. After he had done that he went down my pockets, took what money I had and one of two watches I had in my possession and then ran away. When I came out of the urinal I saw him at the end of the mews, about 30 yards away, and endesvoured to catch him, but could not do so, and some young lads gave chase to him. The watch he took was a metal watch of the value of about 10s., and had been given me to repair. I am a watch-maker and do repairs in my spare time.

In answer to prisoner witness denied having ever assaulted him with his crutch.

RRGINALD BLANE , aged 12, deposed to being in the Great Western Road on October 8 and seeing the assault. Halsey struck prosecutor in the eye with his fist, knocked him down and took the watch and money from his pockets. Prisoner was afterwards chased by a crowd through Richmond Road and turned into Westbourne Park Road. When prisoner found a policeman close upon him and knew he could not get away, he threw himself on the ground. Witness kept him in sight all the time and was certain the man the constable found lying on the ground was the man who took prosecutors watch.

WALLACE PHILLIPS , 25, Burlington Road, who was in company with last witness, gave similar evidence.

Police-constable ROBERT ALLISON , 748, X Division. On October 8 I was on fixed point duty in the Great Western Road. I saw prisoner running towards me, followed by a large crowd. When he saw me he turned back into the Cornwall Road and then into Alden Road Villas. I afterwards met Church, the cripple, whose face was bleeding profusely. I found prisoner lying on the ground. I told him to get up and told him the charge. He said, "If I had not fallen you would never have caught me." He complained of a pain in the arm. That might have been caused by someone falling on him, but there was a great crowd round and I could not see. When charged at the station he said to prosecutor, "I never knew you had a watch." When prosecutor produced a little black watch prisoner said, "That is the watch you had in the public-house." I did not hear him say anything about having thrown the watch away. No watch was found.

Verdict, Guilty.

A number of previous convictions were proved, going back to 1902. Sentence, Penal servitude for three years.

The Recorder observed that the boys had both behaved very well in following prisoner and keeping him in view, and they deserved the thanks of the community for bringing him to justice. He directed that they each receive 10s. reward for their courage.

Reference Number: t19071021-83

ROTHERY, Albert (40, clerk), pleaded guilty of obtaining by false pretences from Sir John Bennett, Limited, one ring; from Thomas Hutchinson, on January 31, 1901, two masonic jewels, and on February 21, 1907, five masonic jewels; from Sidney Alexander Weeden and another, on February 7, 1907, two masonic jewels; on February 8, 1907, two masonic jewels, and on April 25, 1907, one masonic apron and one jewel; from William Henry Toze, on February 18, 1907, two rings and three masonic jewels; on February 23, 1907, two masonic jewels; on February 25, 1907, two masonic jewels; and on March 26, 1907, two masonic jewels; from Frank Reginald Kenning, three masonic jewels; from James Masters, one ring; and from William Stiffen, on April 19, 1907, four masonic jewels; and on April 25, 1907, one masonic jewel; in each case with intent to defraud. In incurring certain debts and liabilities, to wit, to the several amounts of £119 from Sir John Bennett, Limited; £10 16s. and £26 5s. respectively from Thomas Hutchinson; £4 11s. 6d., £6 5s., and £1 5s. respectively from Sidney Alexander Weeden and another; £5 1s., £8 8s., £4 4s., and £8 8s. respectively from William Henry Toze; £16 5s. to Frank Reginald Kenning. £85 to James Masters, and £21 10s. and £4 respectively from William Stiffen, did in each case unlawfully obtain credit under false pretences and by means of fraud other than false pretences; being an undischarged bankrupt did unlawfully obtain credit to the amount of £119 from George Blackburn Russell, £68 7s. 6d. from William Oakley Welsford, £26 1s. from Timothy Joseph Mister, £85 from James Masters, and £25 10s. from William Stiffen, without informing them that he was an undischarged bankrupt.

Sentence, 12 months' hard labour.

Mr. Gill, who appeared for the prosecution, said the representatives of Sir John Bennett were anxious to recover the pawntickets relating to the pawning of their property, and he believed his Lordship had power to order restitution with regard to them as being the proceeds of the property remaining in the hands of the accused.

The Recorder said that no doubt the pawnbrokers would be ready to assist in the recovery of the property.

Mr. Attenborough, representing the pawnbroking interest, understood that the application was made only with regard to the tickets The things were not all pledged with one pawnbroker; 20 pawnbrokers at least were concerned.

Mr. Gill said it was not suggested there was any fault on the part of the pawnbrokers, and no doubt the parties would be able to come to terms.

BEFORE THE COMMON SERJEANT.

(Thursday, October 31.)

Reference Number: t19071021-83a

MC CARTHY, John (34, carpenter); feloniously causing grievous bodily harm to James Bishop, with intent to do him some grievous bodily harm.

Mr. Macdonald prosecuted.

JAMES BISHOP , 45, Sirdar Road, Notting Dale, knife grinder. On October 4 I was in London Street, Tottenham Court Road, between five and six in the evening. I was sitting on my knife grinding machine at work when the prisoner and three companions, who had been on the opposite side of the road, came towards me. Prisoner ran across, and, picking up the nandles of my machine while I was sitting on it, ran me across the road. I got off my machine and said. "You ought to be ashamed of yourself to interfere with an old man like me, getting his living." He said, "You old bastard, I will break your arm for you." He then seized me by the right arm with one hand, placed his arm under my armpit and promptly broke my arm, gave it a sudden jerk—with the ju-jitsu trick. I then spoke to two constables and told them what had occurred, giving the prisoner into custody. He and his companions had gone into a public-house round the corner. I was taken to the hospital and the arm set. The prisoner had been drinking, but he could not be drank, or he could not have run me across the road. I never saw him before. I am 69 years old.

To the Prisoner. The wheeling of the barrow was a rough joke. You were laughing and making a noise. The other men never interfered with me.

To the Common Serjeant. I have no idea what it was really done for.

Police-constable WILLIAM BETTERIDGE , 199 D. At 5.30 on October 4 I was on duty in plain clothes in Whitfield Street, which runs

parallel with Tottenham Court Road. I was with another officer when the prosecutor came up, and from what he said I went to the "Globe,' which is at the corner of London Street and Whitfield Street. The prisoner was immediately pointed out to me by the prosecutor who said, "That is the man who broke my arm. I was sitting in my barrow in London Street grinding some tools when prisoner and three others came along, and prisoner wheeled my barrow from one side of the road to the other. I remonstrated with him, to which he replied, 'You old bastard, I will break your arm,' and he immediately put his arm underneath my own and broke it." I told prisoner who I was and that I would take him into custody. He said, "I could easily break your b——y arm if I thought fit to, but I know better." I took him to the police station, and when charged he said, "I must go through it, but I do not remember it." He also said he was there. He had been drinking, but he was sober. He knew what he wan doing. Before being committed at the Court I heard prisoner say, "I admit the wheeling, but I do not remember anything else."

Dr. SEAMAN , house surgeon, University College Hospital. I saw Bishop when he was brought to the hospital and examined him. I found a fracture of the left humerus. I set the arm. There was no sign of external violence. I advised the man to go to the infirmary as we do not take cases of that nature. The arm was broken certainly. I also found that the bone was very thin, partly on account of his age, and partly on account of the very badly nourished condition of the man; the bone was atrophied, and a very slight amount, of violence might have caused the fracture. I should say it would set, but it is one of the bones in the body which are liable not to set well.

To the Common Serjeant. Prosecutor is not suffering actively from the arm; it is not giving him any pain, but he is not fit for work.

Prisoner's statement: "If I had intentionally injured the man, I should have run away alter I had done it."

(Defence.)

JOHN MCCARTHY (prisoner, not on oath). I can only give what I said before. I wheeled the man on the barrow and laid it down again. Alter that I have no recollection.

Verdict, Guilty.

Sergeant GEORGE HAY said it was the first time prisoner had been charged with any offence. He generally earns good money, but is addicted to drink on Saturday night and Monday, and probably this was the outcome of that drinking.

Sentence, Three months' hard labour.

Reference Number: t19071021-84

HARMOND, John (17, glass blower) ; feloniously shooting at William Churchwood with intent to do him some grievous bodily harm.

Mr. G. Fleming prosecuted.

WILLIAM CHURCHWOOD , 127, Bemerton Street, King's Cross, coster. I am 19. On the evening of October 13 I was in the "Swan" public-house, in Caledonian Road, about 9.30. On coming out I saw prisoner

with a lot more. He asked me where I come from. I told him I come from Bemerton Street, and then they started paying me with their hands. I had not done anything to make them pay me. I ran away and Harmond held a revolver up in Charlotte Street and fired twice. I ran into Copenhagen Street, and then I heard three more shots, after which I ran into the "Rothbury "public-house and told the governor there were a lot of boys shooting at me. He said, "Wait there; I will fetch a constable to send them away." The constable came up and ran after these boys. I came out of the Rothbury again and got into the Caledonian Road to the corner of Richmond Road, where I saw the constable with prisoner and another one, and I recognised prisoner as the one who fired at me. I do not know the name of the other one.

Cross-examined by Prisoner. I do not know that the revolver was broken. I have not told anyone that I did not think that it was you who shot at me. I have spoken to you at Brixton, but did not tell you that.

To the Common Serjeant. I come from Bemerton Street. I do not belong to a band of boys who go about; there are only four of us who go together. We all live in the same street. Some of us live in Bemerton Street and some in Gifford Street. We defend ourselves if we are interfered with. I do not know there are a lot of boys who are likely to interfere with us. They do not call us by any name, only our own names.

ARTHUR FRANCIS , 31, Gifford Street, Islington, railway shunter. I was with the last witness on the evening of October 13 in the "Swan" public-house. I saw him go out and followed after, then I saw him running in front of about 50 or 60 lads. He ran up Charlotte Street, and as they were running I heard the report of firearms. Shortly after I heard another report. I did not see who fired. Then Churchwood ran into another public-house.

To the Common Serjeant. Churchwood and I had been together all the night. This occurrence was about 9.30. I did not knock prisoner or any boy down or have any quarrel with a boy. Two or three of us got hold of the prisoner and punished him with our hands; that was after the shooting. Mayer is the fellow prisoner was with at the time. Before the shooting there were a lot of boys round Churchwood. They asked him where he came from. He ran away. With that they all started on him, but he got through the crowd. Prisoner told me that I had a glass in my hand, but I had not; that was when we were hitting him after the shooting. I go to work at one o'clock in the day and do not get home before half-part 12 at night.

Police-constable JAMES SYRED , 260 Y. I was on duty on the evening of October 13 in Copenhagen Street, when my attention was attracted by a report of firearms. I went in that direction and saw between 30 and 40 youths running through Matilda Street. I was informed by one of the crowd that a man had been shot at. It was pointed out to me the direction in which the lads had gone. I followed them through several streets. When I got to Gifford Street

they dispersed in different directions. I followed the prisoner and another one and overtook them at Richmond Road, Caledonian Road, and informed another constable of what I had seen. The prosecutor and witness then came up and pointed out the two youths, one the prisoner and another one dealt with at the police-court, saying that the prisoner was the lad that had shot at them a short time previously. I took him into custody, and while he was detained at the station he made a statement: "I did not do all the shooting, some was done by another man. I bought the revolver this morning in Petticoat Lane. I gave 2s. for it." On the way to the station another constable took a revolver from prisoner's pocket.

Police-constable JAMES SMITH , 189 Y. I joined the last witness on October 13 at the corner of Richmond Road, in Caledonian Road, where I saw prisoner and took him into custody. On the way to the station, being told something by a little lad named Lewis, I found this revolver loaded with these four cartridges (produced). Two barrels were discharged. It is a six-chambered revolver. I could not say they had been lately discharged. The spring is broken and you cannot discharge it now. It was probably faked up for the sale and the spring has gone wrong afterwards. Very probably it went wrong during the firing.

FRANK LEWIS , 54, Bemerton Street. I am 14 years old. I was in Caledonian Road on October 13 and saw Churchwood in the Caledonian Road with the policeman and the others. I had seen him before, coming along Caledonian Road with another boy—Francis. When with the policeman I saw prisoner try to pass a revolver to another lad. Then I told the policeman what he was doing. Prisoner put the revolver in his pocket again and the policeman took hold of it.

(Defence.)

JOHN HARMOND (prisoner, not on oath). I am very sorry I had the revolver. It is the first time I ever had a revolver. I ask the Jury if they will look over the case, it will be the last time. I will never go with the gang again.

Verdict, Guilty of shooting with intent, but without a proper knowledge of the gravity of the circumstances.

Prisoner was then tried on the charge of unlawfully assaulting William Churchwood. The evidence of Churchwood, Syred, and James Smith was repeated briefly.

Verdict, Guilty.

Detective-constable WILLIAM HERBERT stated that on September 21, 1906, at Clerkenwell Police Court, prisoner was fined 6s. and costs, or seven days, for stealing money as bailee. Apart from that, he had been charged with disorderly conduct on June 20 and fined 2s. 6d.; on September 3 charged with disorderly behaviour, but was discharged. His father refused to have anything to do with him. He was out of employment, and had been for 10 weeks.

Sentence, Three months' hard labour.

Reference Number: t19071021-85

LEWIS. Thomas (21. newsvendor) ; robbery with violence on William Shellford and stealing from him the sum of 27s., some keys, and a knife.

Mr. E. H. Pickersgill prosecuted. Mr. Sidney Lamb defended.

WILLIAM SHELLFORD , Buxton Street, Whitechapel, painter. On September 15, at half past twelve in the morning, I had some refreshment. I had just had a little job to square up, and I stopped and squared it up. I mean I was going up to pay the landlord and square off the back rent, but he was shut up. I went into the urinal in George Yard. One part of the yard runs into Whitechapel Road. I went in to use the urinal, and a gentleman got hold of me and knocked me down. He took hold of me and took my money and everything out of my pocket. There were two or three of them. They took me by the throat and felled me on the floor and nearly throttled me. My head was cut and the blood was running down at the back; there was a little hole at the back. I had 27s. on me; a sovereign in a purse and other little silver. I also lost my keys and knife and tobacco box, which I have never seen since.

Cross-examined. I do not know the urinal very well. I have, I believe, been there once before. It leads from Commercial Road and runs into Whitechapel Road. I have heard it is a good place for a robbery. I do not go round there more than I can help. I do not know whether it is very dark there, but there is not much light. I believe there is a light there, but I am not sure. I had had a drop of beer, and I was not thinking about anything. I know they got me by the throat and strangled me. I felt it for over a week. I cannot say how long they had hold of me; I was fairly done over by the throat, and could hardly speak the next morning. I believe there is a way out on each side of the urinal, but I have not been in there since. I have no idea how long it was before the police came and took me away. I lost myself altogether. I know I found myself in the station afterwards.

ALEC LIENSKY , 215, Wentworth Street Buildings. I am 11 years old. I remember the night of September 14. About a quarter to one on Sunday morning I was going home to my house. I had come from my father's shop and was going to bed. As I went down I happened to see this fellow there holding a man's neck. I was in Wentworth Street then. Another boy was taking the money out of prosecutor's pockets. I only saw two of them, but I think there were three. It was dark at the time. When they were finished with the man they got hold of him and knocked him down. I could see him go against a wall on his head. I think they knocked him down, because he went over very sharp. (Shellford was produced in court.) That is the man they knocked down. As I was going home I saw a policeman coming and then the boys walked out. Then the police-man ran after prisoner and hit him in the jaw and took him to the police station. I was not in the lavatory. I did not say anything to the policeman. The next time I saw prisoner was in Commercial Road Police Station. I went there with my brother to tell them what had happened.

Cross-examined. I never saw prisoner knock prosecutor down. I walked right by, and as I turned round I saw the policeman run along and the man going down. I was a little distance from the urinal at the time. I know prisoner was holding the prosecutor's neck, because as I was walking by I saw this fellow, and I looked in and saw them doing it. I know this urinal; it is a dark place. Nobody has spoken to me about this case since the occurrence.

To the Common Serjeant. I never lost sight of prisoner when he ran away.

Police-constable JAMES HAWKINS , 325 H. On Sunday morning, September 15, I was on duty in Wentworth Street. I was about to make use of the lavatory at the top of George Yard. It comes round in a circle, with one door in Wentworth Street and the other in George Yard. You can almost look through. There are four recesses. Just as I was entering into the doorway in George Yard I saw the prisoner had the prosecutor by the throat and tripped him up. I did not go into that door, but rushed to the other and two confederates ran away. This man was about to make away also when I struck at him and knocked him down, and took him back to the urinal and showed him what he had done to the prosecutor. With the assistance of another constable I took prosecutor into custody for being drunk and incapable; he was very drunk. I also charged the prisoner with assaulting him. At the time I saw a little boy there, and he said, "That is the man, governor, what done it." There was another witness also, but he is not here. I had a summons granted by the Magistrate, and went to the address he gave, but failed to find him. I did not notice anyone else in the street, only some scavengers sweeping up in the road. They were about 10. yards away, and when they saw me they came nearer. When arrested prisoner said, "It was not me, governor. What is this for? What do you want to hit me for? It is your place to take me to the station, not to knock me about." When charged he said nothing. I found on him 3s. in silver and 3d. in bronze. It was about 10 minutes between my entering the urinal and getting to the station.

Cross-examined. The missing witness came to the station and told the inspector what he saw this man do. I told the Magistrate to the best of my recollection what occurred; that he had the prosecutor by the throat, and the other two ran away, and as prisoner was about to run I struck at him. I may have added a little more to-day. What I said was near enough. There were three men in the urinal. Prisoner had got about five or six yards away before I hit him. I do not remember prisoner asking me what I meant by it, and did not say to him, "I wish I was a Magistrate. You have robbed the man." Prisoner may be a newspaper boy. I do not know. He gave his business as a newsvendor.

(Defence.)

THOMAS LEWIS (prisoner, on oath). I am a newsvendor selling papers in the streets. On September 15 I was passing along Went-worth

Street, having just come from Aldgate. I went to see if a shop was open where I could buy a sandwich. I had got about 20 yards past the urinal when this constable came up and hit me on the jaw. Then he said, "Come back and see what you have done." On the way back he said, "I wish I was a magistrate for half an hour." He was outside the urinal then. He did not say anything about my having robbed anybody. Then he went back to the prosecutor and said to him, "This is one of them, ain't it?" The prosecutor said, "I do not think so." On the way to the station when we had got nearly to the bottom of Wentworth Street he handed me to another officer and went back and locked the prosecutor up, and fetched this little boy to the station. There were plenty of people around. The other constable asked me what I was locked up for. I said, "I do not know." There was a light in the urinal. Before the constable came up three fellows ran by me. I was walking, and never made any attempt to run. They are swearing my life away, them people.

Cross-examined. I was living at Rowton House when this occurred. It was 12.30 as near as possible when I left Aldgate. The magistrate would not let me speak at the police court; only a little. I did not say then that I left Aldgate at about five to one; I said 25 to one; between 12.30 and 25 to one. I did not see the boy Liensky till I got to the station. It is untrue to say that the boy said at the urinal that I was the man. The prosecutor was too incapable to know what he was saying.

After the jury had considered for a short time.

Police-constable HAWKINS , recalled. The length of the urinal is about five yards. You can almost look through it.

Verdict, Guilty.

Prisoner confessed to a previous conviction for shop-breaking. Another conviction was proved.

Detective HENRY RUTTER stated that it was news to him that prisoner sold newspapers in the street. He had seen him daily for months since he had been out, and previously known him for years. He had never known him to do any work, and he was an associate of a very dangerous gang.

Sentence, Four years' penal servitude.

Reference Number: t19071021-86

MORRIS, Henry (22, labourer) ; robbery with violence, together with another man not in custody, on William George Beaumont, and stealing from him a chain and a masonic emblem.

Mr. Oliver prosecuted.

WILLIAM GEORGE BAUMONT , builder. On October 6 I went home by tram, getting out at Bow Church and going down through Albert Terrace, getting to the corner of High Street, Bromley, when I heard someone walking behind. All at once two men rushed up, and one got hold of my arm, and the other got hold, of my arm the other side. One put his hand on my back and the other got hold of my throat and threw me down. The marks are there now. One knelt on

my chest and one on my throat. I am still under the doctor. Prisoner was on the left. He said, "Go through him." I could not speak. I saw prisoner's face clearly, as it was right against a large arc lamp. They pulled at my watch chain and broke it away. Of course, I did not know that till afterwards. Some people then came round the corner and disturbed them, when up they jumped and gave me a kick in the back as they left me. I clutched this man with my left arm, and he dragged me through the mud a little way. My cheek was bleeding, and he had blood on his collar. I then got out a whistle which I carry in my pocket and started blowing it as soon as I got my breath. He bolted away to a big arc lamp that stands opposite the church. He bolted to the left, the other one to the right. There was a lot of people, who came off the tram or electric 'bus that finishes just there—it is a narrow way to go through—and, as prisoner saw he had no chance, I suppose, he doubled back round the lamp and passed me again. I kept blowing and managed to holloa out "Stop thief!" Just as he got to the turning I saw someone bob out and catch him; they missed, and he ran on again. He was caught, I do not suppose 100 yards from the place where he knocked me down. A Mr. George Clover caught him, who happened to come out of the turning. I never lost sight of prisoner till he was caught. When I came up prisoner said, "I was only trying to help the old man; it was not me." I said, "A good job for you one of my sons is not here, he would kill you." After a time a policeman came on the scene; I gave prisoner in custody and went to the station. They led me back to the place where I was robbed and I pointed it out. There was this jewel lying in the mud. I went home, and some time afterwards Mr. Clover found the chain in the mud where he had captured prisoner and brought it to me, saying, "I have found the chain; it was lying in the mud." I am quite sure prisoner is the man. When I was on the ground prisoner said to the other man, "Choke the old b——, it don't matter."

To Prisoner. I did not see you pull the other man off; nothing of the kind. I did not say to the crowd, "I do not care if you are not the man, we will make you suffer," nor tell them they could all come up and have a few shillings. "I said, "The scoundrel, he has nearly killed me."

GEORGE CLOVER , contractor. On October 6, about 10 to 12, I was going home, when I heard a police whistle and cry of "Stop thief!" I then saw prisoner running towards me. I tried to stop him, but he dodged round, and I ran after and stopped him about 50 yards further on. I saw something bright in his hand like a chain. I held him till the constable came. Prisoner said, "It was not me." I said, "Oh, that's all right." He said he was running after someone else, and I asked, "Was it somebody invisible?" I could not see anybody in front. He was sober. Prosecutor came up and we went to the station. I afterwards came back to the spot where I had caught prisoner and found the pieces of chain (produced).

ALFRED PRENTICE , 847 K, deposed to arresting prisoner on October 6, when he said, "They have made a mistake, I was trying to catch the other man. Witness found some stains of blood on prisoner's collar.

Prisoner's statement. "I was walking towards him and was trying to do the man a good turn when the police rushed up.

(Defence.)

HENRY MORRIS (prisoner, on oath). About half-past 11 I was walking towards home and saw a gentleman on the floor with a man on top of him. I took it for a fight and went and dragged the man off. The gentleman got up, and the blood would come off the collar in that way. When I had dragged the man off he knocked me down and I lost sight of him. The crowd stopped me, and when prosecutor came up he said, "We don't care if you are the man or not, we will have you and make you suffer for it." He said to them, "You can all come up and earn a few shillings each."

Cross-examined. I have no fixed abode. I have not been living in Whitechapel. On the night in question I was walking home. I had just crossed, and I had been along with a friend who promised to give me a night's lodging, which he gave me. I do not know Bow Church. I did not follow prosecutor up along Mile End Road. I ran after the man whom I dragged off prosecutor for about five minutes; then I lost sight of him. No one stopped me; I stopped myself.

Verdict, Guilty. Prisoner confessed to a previous conviction. Numerous other convictions were proved, starting when he was 12 years old.

Sentence, Three years' penal servitude and 15 strokes of the cat.

BEFORE JUDGE RENTOUL.

(Monday, November 4.)

Reference Number: t19071021-87

CHURCHILL, Kate (19, flower seller), pleaded guilty, on September 11, of stealing a tea-gown and other articles, the goods of Thomas Wallis and Company, Limited, and feloniously receiving same.

The Court Missionary (Mr. Scott France) having undertaken charge of the prisoner and her child, she was released on her recognisances in £2 to come up for judgment if called upon.

Reference Number: t19071021-88

SCHON, Gilbert (34, clerk), on September 12, pleaded guilty of uttering forged orders for money.

Mr. Curtis Bennett having stated that prisoner had paid a certain amount back, and his friends having undertaken to send him abroad, he was released on his own and one surety's recognisances in £10 each to come up for judgment if called upon.

ESSEX CASES.

BEFORE THE COMMON SERJEANT.

(Monday, October 21.)

Reference Number: t19071021-89

WEEKES, James ; inflicting grievous bodily harm upon John Samuel Schubert, and unlawfully wounding him and assaulting him and occasioning him actual bodily harm.

Mr. W. S. M. Knight prosecuted; Mr. Daniel Warde defended.

JOHN SAMUEL SCHUBERT , 81, Poolesden Road, Custom House, stevedore. On August 9, 1907, I was unloading cement from the s.s. King Craig in the Victoria Docks. I went into the fore hold to get a spare 'tween deck hatch, and had taken one from where the prisoner was working. Prisoner said, "Who authorised you to take that hatch?" I said, "It is a spare one, Jim—we want to work a bit easy—secure of danger." He swore and said, "I will burst your nose." It wee not a hatch he was using, and was there for our use. I then went with my mate to pull up a cask of cement with my hook in my hand, when prisoner let go at me with his fist as hard as any man could, on the left jaw; then struck me between the nose and eyes. I dropped my hook, and he picked it up, held me by the wrist and hit me on the skull with it where it has been sewn up. I took his own hook away from him. He stuck three holes in my back with my hook, making wounds in my body. He struck me again in my forehead, drew me to him as I fell away, and struck me again. The foreman came down into the hold and shouted out, "Stop that fighting." I was holding my jaw. I was not attempting to hit prisoner—it would not do to strike the prisoner. He sat astride of a cask and giggled at me and said, "What a pretty sight—what a pretty object you look." My mouth was full of blood. I was trying to get my bottle of tea to rinse my mouth out. He then came over to me and said, "Look whet you have done to my shirt," and let go at me smack in the same place between the eyes and on the jaws with his fist as hard as he could, knocked me to the deck, lifted me up, and before I could get on my feet let go at me again. The foreman kept singing out to stop the fighting, and the prisoner went over to his own side to work with his mate. I was washing my eyes and face to go to the hospital, and the prisoner came over again and said, "I may as well put you out of your misery," and hit at me with a large iron crowbar, similar to that (produced). I turned my head, and it struck me on the right side. I fell down and became unconscious. I was then led up the ladder and led to the hospital. I wanted to go home to my wife and family—we ere nine in family—and the doctor allowed me to go, but I had to come back at dinner time; I lay in the hospital 10 days, and have since attended as an out-patient. I cannot walk properly, and do not think I shall ever get my strength bank again.

(Tuesday, October 22.)

RICHARD SMITH , 230, Victoria Dock Road, stevedore. On August 9 I was working on s.s. King Craig in No. 1 hold, at about one o'clock in the morning. I saw schubert go on the lower hold and pass a hatch on. I pulled the hatch up and laid it on the deck. Weekes then walked over and asked Schubert who told him to take the hatch. The latter gave some answer, and Weekes then struck him twice in the face with his fist. I then saw blood on Schubert's face. I was about three or four yards from him. Schubert had not hit Weekes or attempted to. Schubert had a hook in his hand, which prisoner pulled away and threw on the deck. Then the foreman came down and told them to knock off fighting. After that we went on working again; Schubert meanwhile was wiping the blood off his face. Then I heard him scream, and I saw Weekes strike him, and knock him on the deck, at the same time saying something. I was standing in the 'tween decks with Cave at that time. Prisoner hit Schubert twice with the crowbar. I went out and picked Schubert off the deck. He was in a very bad state, with blood running off his face. I did not see him strike prisoner at all, nor attempt to.

Cross-examined. I was working on the port side. The hatches are always shifted all round. Schubert did take a hatch from the starboard side where prisoner was in charge. I did not hear prisoner tell Schubert to bring back the hatch; that he had improperly taken it away. Schubert did not make a dig at prisoner with his hook when the latter went over to him. He had the hook in his hand. It is usual for stevedores to have their hook in their hand when working; if not working they slip it in their belt. When Schubert was struck he put his hands up. There was a sort of struggle about the hook. I heard prisoner say he had a cut on the shoulder from the hook, but not till afterwards. I saw his finger bleeding. Prisoner did wrench the hook out of Schubert's hands, which he put on the deck, and I took it up and put it in the wing. Schubert did not have a hook in his hand after the struggle. I did not hear prisoner say, "Is it manly to hit a man with a hook!" I heard him shout out something which I could not hear. There were some railway buffers lying in the wings. Schubert did not fall upon them. There was no cask of cement near him. Schubert did not grab at an iron bar after he had fallen; there was none there. There was a crowbar there, which prisoner picked up and hit prosecutor with; then Fisher took it out of his hand.

To the Common Serjeant. There was only two or three minutes after the foreman came down until prisoner hit prosecutor. They remained outside when he went into the fore hold.

JOHN SAMUEL SCHUBERT , recalled.

Cross-examined. I cannot walk far. I have heard of Bingo Street; it is somewhere round where I live. I think I went there last Thursday with my two sons, but I was not pushing a truck there nor anything else; I had only my walking stick. I do not know Mrs. Kane or Mrs. Golding and did

not find them watching me at that time. I went with my sons to a wood place to buy wood, which my son and another chap took home on their back. There was no barrow. Mr. Cave was the foreman on our side of the ship, like Weekes on the other. We help each other with the hatches. There is no rule that we shall not take a hatch from either side. I did not tell prisoner I would not return the hatch. I said to him, "Jim, there are two more down that hold useless." We take each other's hatches and help each other. During the day I gave them hatches myself. When I had laid the hatch down prisoner said, "I have a good mind to bash your f—g nose." I said, "You don't want to talk like that." Then he hit me; the first time he burst my nose, and the next broke my lower jaw. He did not say he would have to take the hook away from me. I did not say when he went to take the hatch, "I will stop you, you tricky sod." Prisoner did not say, after the struggle, that it was un-English or unfair to hit a man with a hook. He did not say, "I will learn you to use a hook." When he had done giggling he came over again, and I said, "Well, Jim, what is this for?" With that he let go again at me in the same place, and I fell on the deck. I did not fall over the irons; they were in the wing, about 6 ft. away. I cannot fight; I am too good-hearted for that. When I went to the hospital I did not crawl through the railway trucks; we went between the trucks. There is a gangway which they make for people to go through. I was in too much pain to notice the policeman at the gate; but I could hear what he said. I could not open my mouth to speak to him. I did not tell him I had met with an accident.

To the Common Serjeant. I have not been able to work since this happened.

GEORGE BATES , stevedore. I was working on the King Craig on the night of August 6 and 9. About 1.30 in the morning I was in the forehold, when there was a dispute about a hatch. I heard someone shout, "Oh! oh!" I turned round and saw Schubert bleeding in the mouth, and Weekes with his shirt, torn and blood on it. They were struggling for a hook. Confield, the foreman, came down then, and they parted. After the foreman had gone I saw Weekes come and hit Schubert in the jaw and knock him down. I had not seen the latter do anything previously to that. Then prisoner hit Schubert again with a crowbar. I was about six or eight yards away from them.

Cross-examined. The thing was done too quickly for me to interfere. I did not see the first part of the affair. I do not know whose hook it was, and I did not see Schubert snatch it out of his belt. I did not hear prisoner say, "Do you think it is a manly thing to hit a man with a hook?" nor "I will learn you to use a hook." There was iron of some sort lying near, but Schubert did not fall on it, nor on a barrel of cement. I did not see Schubert grab at a crowbar.

THOMAS CAVE , 5, Castle Road, Plaistow, stevedore. On the night in question I was working on the King Craig in the 'tween decks Not

1 hold. About one o'clock I saw prisoner and prosecutor struggling with a hook, and the latter called out, "Let go, Jim." The foreman came down and parted them, and they went on with the work. Schubert's nose was bleeding. Soon after there was a breakdown on deck, and we were all sitting down, when Weekes came over from the starboard side and knocked Schubert down with his fist. I heard Schubert say, "What have I done to be served like this?" Prisoner then picked up the bar and hit Schubert twice with it. Then Fisher took the bar away from prisoner. I was about 12 ft. off.

Cross-examined. We were not all in a bad temper that night; I had no row with Fisher. I did not see Schubert get hold of the hook in his belt; he had not been using it on prisoner. I think I said before the magistrate that prisoner said, "I will learn you to use a hook." He said that before he struck with the bar. Schubert did not fall over a bundle of irons; they were about 12 ft. away. I cannot remember whether I told the magistrate that he fell close to the iron rods.

WILLIAM EDWARD FISHER , stevedore. I was working on the King Craig on the night in question, when I saw Schubert passing up a hatch; prisoner went to him and said, "Don't you try and take a liberty." I then walked away forward. When I came back the two men were struggling with the hook. Then they were parted by the foreman; soon after prisoner came over and hit Schubert twice with a crowbar, after which I took hold of the bar and said, "Good God, Jim, are you going mad altogether?"

Cross-examined. I cannot say that the mischief was done with one hook. I did not hear prisoner say it was unfair to fight with a hook. Schubert did not try to grab a crowbar when he was knocked over. I believe there were two crowbars lying about. I did not try to prevent the affair; I was a bit scared myself.

DR. ROLAND WILKS BIRKETT . On August 91 was house surgeon at the Seamen's Hospital at Albert Docks. In the early morning Schubert was brought there and I examined him. On the left temple he had a wound about two inches long; not a serious one. His left eye was badly confused, also his left cheek; his left jaw was broken, he had three flesh wounds over his left shoulder, and two of his ribs were broken. He was also suffering from pleurisy. The injuries were consistent with being caused as to the face by a fist, and as to the ribs by a crowbar. I sent prosecutor home, but next day he was admitted ino the hospital, where he remained about 10 days. I examined him yesterday, and found that his jaw was injured permanently. My opinion is that there is an adhesion between the lung and the chest wall. He is suffering from nervous depression.

Cross-examined. Prisoner may be able to work in three months. I said before the magistrate, it might be a month, but have changed my opinion since seeing him yesterday. The injury to the ribs would not be caused by falling over a cask. I might have said at the police court that they could be so caused. The injuries could not have been caused by falling on a bundle of irons.

To the Common Serjeant. If the man fell on a sharp corner of the barrel it is possible he might break his ribs.

Detective-sergeant GEORGE READ deposed to arresting prisoner on August 9, when the latter said, "I was expecting this; look at my shoulder and finger; look at my shirt. I had to defend myself." Prisoner had his little finger tied up, and there was a scratch about an inch long on the shoulder. When charged prisoner made no reply.

Cross-examined. There was some blood on prisoner's shirt.

Prisoner's statement: "I plead not guilty. What I did I did in self-defence. I will call no witnesses hers."

(Defence.)

JAMES WEEKES (prisoner, on oath). I live at 90, Portland Road,. Tidal Basin, and have been employed by Pennell and Son, stevedores. On the night of August 8 and 9 I was ganger on the starboard side of the ship in question. I had three men under me. There is a rule that the hatches are to be kept on their right side. I saw Schubert take the three hatches which were on our side, and requested him to leave them alone, saying, "Who gave you the liberty of taking the hatches?" He made reply that he meant to work easy, he didn't care who worked hard, and defied me to take the hatches. Schubert knows perfectly well that he should not take hatches from one side to the other. I bent down to take the first hatch up, and Schubert stood on the end of it. He said, "You tricky sod, you are always on to me," whereupon he struck out with his hook. I pulled myself back, and he caught me on the shoulder, cutting it. The shirt (produced) I was wearing then; it is torn and has blood marks. I retreated from him, and he came a second time. I could not get away, so held up my hands to protect my face, and received a blow on a finger of the right hand with the hook. I closed with him, and we had a very severe struggle. I got hold of the hook and threw it in the dock wing. I had a hook in my belt which Schubert took out. Then the foreman came down, to whom I said, "Look what he has done to my shoulders and hands." Schubert was not injured with the hook. We resumed our work, and after a few minutes I asked Schubert whether it was the work of an Englishman—a manly thing—to use a hook on me. He said, "What would you do if you could not fight?" He came towards me with my hook, and as I thought he was going to use it I struck him with my fist as hard as I could. I do not think I said I would learn him to use a hook; in fact, I am sure I did not. Prosecutor fell backwards over a cask of cement on to a bundle of irons. (Witness indicated how prosecutor fell.) He then got on his knees and reached for a crowbar which was lying there. I also did so, and we both got hold of it together. I eventually wrenched it from him, and gave it to Fisher. The latter did not rush up and take it from me, nor say, "Jim, have you gone mad?" I never struck Schubert, and had no illwill against him. I have known him about eight years.

Cross-examined. I am well able to take my own part. I am not champion bantam-weight. I have never fought in public, and I swear that I have never trained a fighter. All I know about fighting is what a minister taught me when I went to his Bible class. That is about 18 years ago. I have had about three fights in the docks; you have to fight for your bread there. The rule as to the hatches is always observed. I never allow otherwise when I am in charge. I have been in charge since I was 18. I noticed blood on Schubert's face after the scuffle. We were pulling like maniacs for the possession of this hook. I did not go to the doctor about my injury; I went home and my wife attended to it. I did not use the expressions which Schubert says. Cordfield did not take my hook away. I did not giggle at Schubert. I was excited and tired alter the scuffle; I was not in a fury. I thought Schubert was going to kill me when he came at me. I only struck him once. The cask of cement would be about 2 1/2 ft. high, or more, and about 2 ft. behind Schubert. The irons were all over the deck; they were about 16 in. wide and about 6 ft. in length. They were lying about two high on the deck. I never struck prosecutor with a crowbar.

CHARLES WIMBORNE , stevedore's labourer. I was at work on the King Craig on the night in question, and saw prisoner and prosecutor jangling over a hatch. Prisoner said, "I want that hatch." and went to take it away. Schubert said, "You cannot have it," and struck him with a hook. Prisoner dropped the hatch and staggered back. He put up his h'and to protect himself from a second blow, and received a cut on the right hand. He then got the hook from Schubert and flung it on the starboard side. After that prisoner said, "Is this a manly action to strike a man with a hook?" I could not catch what prosecutor said. Prisoner then knocked Schubert into the wing. In a few minutes the latter got up and walked up the hold. While on the floor he grabbed for a crowbar, which prisoner got hold of instead, and then Fisher took it from him. I was there all the while. Prisoner did not strike Schubert with the crowbar. I went with the latter to the hospital, and saw an officer at the gate, but there was no conversation with him then.

Cross-examined. I told the doctor I had seen nothing at all of the accident; for the reason that I wanted him to find out for himself.

Police-constable ALBERT WILLIAM CLIFTON , 290, L. and I. D. I was at the gate of Royal Albert Dock on the night in question. About 1.15 prosecutor and another man came through. I noticed he was bleeding from the face. He said it was an accident. He appeared very dazed. He told me, with great difficulty, that it occurred in the hold of a ship; that he had tripped and fallen, striking his head on a cask. I reported the matter. I did not know the two men except by sight.

Cross-examined. I would not know the other man. I asked him where he was taking Schubert, and he said to the Seamen's Hospital.

I said, "When you come back will you give me the particulars of the injuries?"

Verdict, Guilty, but with considerable provocation. It was stated that prisoner had been convicted of assaulting the police; he had also been fined for a minor offence. Sentence postponed till tomorrow.

(Wednesday, October 23.)

Sentence, Six months' hard labour.

BEFORE JUDGE RENTOUL.

(Tuesday, October 22.)

HALLETT, Alfred (46, labourer), who pleaded guilty last Session to larceny (p. 819), was released on his recognisances in £10 to come up for judgment if called upon.

BEFORE THE RECORDER.

(Wednesday, October 23.)

Reference Number: t19071021-91

PEARCE, Anna Urina (23, needlewoman), pleaded guilty of obtaining by false pretences from Thomas Harmer the sum of £6, from Anna Skillet the sum of £1 10s., and from Frederick Enever the sum of £7 12s., in each case with intent to defraud. Stealing a shawl and other articles, the property of Annie Harmer, and feloniously receiving same. Stealing a blouse and other articles, the property of Marie Goggin, and feloniously receiving same.

It was stated that the people prisoner had robbed were all poor.

Sentence, Eighteen months' hard labour.

BEFORE THE COMMON SERJEANT.

(Wednesday, October 23.)

Reference Number: t19071021-92

LEGG, Mary Ann Margaret, pleaded guilty to feloniously marrying James Robert Scott, her husband being then alive.

Prisoner had ran away from her first husband, after staying out all night, and being afraid to go back. She stated that she was nearly starving when she met the second man.

Sentence, One week's imprisonment.

BEFORE THE RECORDER.

(Friday, October 25.)

Reference Number: t19071021-93

GORDON, Robert (30, engineer), COUSINS, William (23, labourer), both pleaded guilty of stealing 11 pairs of men's shoes, the goods of the London and India Docks Company, and feloniously receiving same; stealing two sheets, one nightdress cover and other articles, the goods of the London and India Docks Company, and feloniously receiving same; breaking and entering a warehouse of the Great Northern Railway Company, with intent to steal therein; being found by night unlawfully having in their possession, without lawful excuse, certain implements of housebreaking, to wit, one jemmy and three skeleton keys.

Both prisoners had been in the army before entering the dock company's service. They were employed to prevent robberies, but these robberies seemed to have been going on for a considerable time.

Gordon had served seven years in the Seaforth Highlanders, and left with the rank of lance-corporal. He then had a high character. Cousins also bore a good character previously.

The Recorder said he could not understand why the prisoners should have been guilty of such an offence, which was a very serious one, and the punishment must be an adequate one.

Sentence, both Eighteen months' hard labour.

(Monday, October 28.)

Reference Number: t19071021-94

SNOW, James (30, labourer), and MORGAN, Charles (25, labourer) ; both breaking and entering a meeting-house of the Salvation Army and stealing therein two cornets, one euphonium, and a quantity of music, the property of William Booth . Snow pleaded guilty to stealing.

Mr. P. E. Noble prosecuted.

MARY HEATH , adjutant of the Salvation Army. There is a Salvation Army Hall in Canning Town where religious meetings are held every night. On the night of September 30 I there saw the cornets and the music. Both belong to the Salvation Army, and are the property of General Booth. I saw the hall shut up that night, and the next day, about one o'clock, I was called by the police. I then found that the hall had been forced open, and missed the cornets and euphonium and the music. The value of the instruments and the music is about £7 15s.

MARIA STRIKE , caretaker of the hall, gave evidence of the door having been forced. There was nothing broken, but the bolt appeared to have been pushed out.

THOMAS MURRELL , aged 12. I remember being outside the hall on September 21, some time after 12 o'clock. I saw prisoner Snow sit down against the door and force it open with his shoulder. Morgan was with him. Snow went in and came out with a paper parcel and two trumpets, one of which he gave to Morgan. They then went

round the corner and I did not see any more of them. I told a policeman what I had seen.

WILLIAM HENRY BOOTH , assistant to Mr. Harrison, pawnbroker, Canning Town. On the morning of September 21 prisoner Snow came into the shop and offered a cornet in pledge. I asked him if the property was his. He said, "Yes," and that he had bought it in Lambeth. I did not advance him any money upon it because we bed received information about an hour beforehand that some instruments had been stolen. I asked him where the mouthpiece was, and he said he had left that at home. A constable was sent for and he was arrested there and then.

Police-constable MARTIN BUTCHER , 711, K Division. On September 21 I was called to Mr. Harrison's shop about half-past one in the afternoon. It is about 10 minutes walk from the Salvation Hall. snow was in the shop with the cornet. I asked him how he came by it, and he said he had bad it 12 years and purchased it in Lambeth. The assistant gave him into custody. At the station he said it was only a Loozing affair.

Detective JOSEPH PAYNE , K Division. On September 21 I arrested Morgan in Canning Town, carrying a parcel in a red handkerchief. I told him I was a police officer, and wanted to know what he had got. He said, "A cornet." I looked at it and said, "I have reason to believe that has bean stolen from the Salvation Army barracks. I shall take you to the police station." At the station I found the music in his coat pocket, together with a pawnticket and the mouthpieces of the two cornets.

Police-inspector JOHN HARDING , K Division. I took the charge against these two prisoners. Snow said, "It was a drunken job, governor." Morgan made no reply. They were both quite sober when brought in at 1.45 p.m.

Verdict, both Guilty.

Police evidence was given to the effect that Snow had been a casual labourer at the docks. Morgan was said to have been working for a farmer at Silvertown.

Sentence, both Six weeks' hard labour.

BEFORE THE COMMON SERJEANT.

(Thursday October 31.)

Reference Number: t19071021-95

LOMAS, Thomas (25, labourer), pleaded guilty of on August 29, 1907, and September 21, 1907, assaulting Lillian May Edwards, a girl under the age of 13 years. Sentence, Six months' hard labour.

BEFORE THE RECORDER.

(Friday, November 1.)

Reference Number: t19071021-96

SPORTON, Henry William (31, manager) ; stealing 12 bonzoline pool balls, the goods of William Golding, and HAWKINS, Robert Vincent , receiving same.

Mr. W. Grantham prosecuted; Mr. Wildey Wright defended Hawkins.

Prisoner Hawkins surrendered, but neither prisoner Sporton nor his bail, Harry Charles Ridley, surrendered, and their recognisances were estreated, and a bench warrant issued for the apprehension of Sporton.

The hearing to the case was adjourned until next Session.

(Monday, November 4.)

Prisoner Sporton surrendered. He was remanded in custody till next Session.

SURREY CASES.

BEFORE MR. JUSTICE A.T. LAWRENCE.

(Tuesday, October 22.)

Reference Number: t19071021-97

BEDWELL, Arthur (38, labourer) ; feloniously wounding Ada Bedwell, with intent to kill and murder her and to do her some grievous bodily harm.

Mr. Weller Kent prosecuted.

ADA BEDWELL . I have been married to prisoner seven years and have five children; He has always been a good husband to me. He it employed by the North London Railway Company as a carriage cleaner at Richmond, coming home at eight in the morning and sleeping till the afternoon. Latterly he had become jealous of me and accused me of going about with men; from the way he carried on I think he was not in his right senses. A little drink affects his head. On October 4 he came home as usual at eight in the morning; he came down from bed earlier than usual—between 12 and one. In the afternoon he suddenly attacked me, pulling my head up from the back and saying, "I will give you deceiving me; you have always got a pack of men in the house." We struggled; I felt his left arm going across my neck; he had a razor in his hand; I got it away from him. I screamed for help, and Mr. Gill came. Prisoner shouted twice, "Give me that razor." There was no ground for my husband's suspicions of me. I had always lived happily with him; he was one of the best of husbands and fathers.

Dr. THOMAS GEOFFREY COCKERILL said he was called in to tee Mrs. Bedwell on October 4. She was in a state of great shock. She had an incision across the throat, another along the right side of the lower jaw and one or two cuts about each hand; the wounds were not very serious. Witness also saw prisoner; he had his throat out and was in a very excited condition. Witness came to the conclusion that prisoner was not in his right mind at the time.

Dr. ROBERT DUNCAN , house surgeon, Richmond Hospital. On October 4 prisoner was brought into the hospital; he had a wound in the throat and several small cute on the hand. Subsequently Mrs. Bedwell was brought in; she was suffering from shock and had wounds on the right side of the lower jaw and on the throat and hands and fingers. Prisoner remained in the hospital about a fortnight. On his admission he seemed in a state of great excitement; he spoke about people watching him and following him. On the third day after admission he became very violent and had to be held down. In my opinion, when he was brought in, and for the next few days, he was insane and not responsible for his actions.

Detective-inspector CHARLES BELCHER , V Division. From inquiries I have made it appears that since the middle of the summer prisoner had been acting very strangely. The wife bore an excellent character and apparently there was no ground for prisoner's suspicions of her. A brother and a sister of prisoner's died of paralysis of the brain.

ARTHUR BEDWELL (prisoner, not on oath). Last July I came back from Chatham after doing a week's training. I had a few words with my wife about the condition of the house and other domestic matters; I found some pawntickets in the house, and as my wages were not very large it caused me to worry a great deal. I had been weeks without any proper sleep, being on night duty. I perhaps had a glass or two more to drink than was necessary. With regard to my accusations against my wife, I think it is only a lot of imagination in my mind. I think, if I had seen Dr. Cockerill in time this would never hsve happened.

Verdict, Guilty of feloniously wounding, but insane at the time and not responsible for hie actions. An indictment for attempted suicide was not proceeded with. Prisoner wis ordered to be detained during His Majesty's pleasure.

BEFORE THE RECORDER.

(Tuesday, October 22.)

Reference Number: t19071021-98

CURTIS, Thomas (28, labourer), pleaded guilty of stealing one jackplane and other articles, the goods of Ralph Harradane.

There were many previous convictions.

Sentence, Three years' penal servitude.

Reference Number: t19071021-99

SULLIVAN, Edward (50, tailor), and O'CALLAGHAN, Richard (28. hawker) ; both stealing a till and about the sum of 5s., the goods and moneys of Frederick Brown.

Mr. F. J. Vesev Fitzgerald prosecuted.

FREDERICK BROWN . I keep the "Prince Albert" beerhouse, Hill Rise, Richmond. On Saturday, October 12, prisoners came in about a quarter to five. I identify them. About 5.30 p.m. I went upstairs to have some tea, leaving prisoners in the bar. The room where I had tea has a door with a window in it, through which I can see what goes on in the public bar, but not in the private bar. The till was kept on a shelf under the bar and contained somewhere about 5s. There was a 2s. piece, a 6d. and a quantity of coppers. Whilst I was at tea the younger prisoner got up and went out He was away about two minutes and directly he came back off went the pair of them. Hearing the door of the private bar open and shut I ran downstairs, and shortly afterwards a little boy came in with the till in his hands. In consequence of what the boy told me I ran to the door and saw prisoner Sullivan hurrying down the hill. The boy afterwards fetched a policeman.

To prisoner Sullivan. There was no one in the house but you and O'Callaghan.

WALTER FROWKER , aged 12, living at Vine Road, Richmond. On the afternoon of Saturday, the 12th, I was near the "Prince Albert" public-house and saw the younger prisoner coming down the hill with the till under his arm. He went into Smith's back yard. I did not follow him, but kept my eye on him. He came out without the till. I afterwards got the till, which I found in a tub in Smith's back yard, and went with it into Mr. Brown's public-house. Mr. Brown and I afterwards followed the men down the Hill Rise. When I came out from the back yard I saw the elder prisoner outside the beershop. He was afterwards joined by O'Callaghan, and they walked away together. In consequence of what Mr. Brown said to me I afterwards fetched a policeman.

Polioe-constable GEORGE HILL , stationed at Richmond. On the afternoon of the 12th, in consequence of a communication made to me by the last witness, (went in the direction of the "Prince Albert" public-house and saw prisoner Sullivan walking very fast down the hill followed by O'Callaghan. I followed them, and, Mr. Brows coming up, gave them in charge. I found on Sullivan 4s. 4 1/2 d. is bronze and 1s. 6d. in silver, and on O'Callaghan 5d. in bronze Before they were arrested both prisoners went into a shop and bought some tobacco and cigarette papers. On the way to the station Sullivan made a statement to the effect that he met O'Callaghan outside Browns public-house and took him inside and gave him a drink of beer, there being two other men inside.

Verdict, both Guilty.

Sullivan had been sentenced five times to penal servitude, seven years in 1879 and five years' police supervision, five years in 1886,

three years in 1891, 3 1/2 year in 1894, five years in 1898, and has been in prison altogether 31 years.

Sentences, Sullivan, Five years' penal servitude; Ocallaghan, eighteen months' hard labour.

BEFORE THE COMMON SERJEANT.

(Tuesday, October 22.)

Reference Number: t19071021-100

ST. CLAIR ., Patrick (25, fitter's mate), JONES, Charles, (22, stoker), and WILLIAMS, James (23, basket maker), pleaded guilty to breaking and entering the dwelling-house of Ann Burgess, and stealing therein two silver decanter stands and other articles, and the sum of 7s. 4d., her moneys.

Each prisoner confessed to a previous conviction.

Several convictions were proved against Jones. It was stated that he was regarded as a very dangerous burglar. St. Clair had been four times convicted for stealing bicycles. Against Williams, four previous convictions were also proved. All three prisoners were stated to have been living in the same house, on the immoral earnings of young girls. Williams, when srrssted, had given full information to the police, which had led to some of the property being discovered.

Sentences: Jones, Five years' penal servitude; St. Clair, Three years' penal servitude; Williams, Eighteen mouths' hard labour. An order for restitution of stolen property was made.

BEFORE THE COMMON SERJEANT.

(Wednesday, October 23.)

Reference Number: t19071021-101

COSTELLO, Michael (54, labourer), pleaded guilty to stealing one pair of boots, the floods of Daniel Bishop. He confessed to a previous conviction. Several others were proved.

Sentence, 18 months' hard labour.

LONDON AND MIDDLESEX CASES—Continued.

BEFORE MR JUSTICE A. T. LAWRENCE.

(Monday, October 28.)

Reference Number: t19071021-102

PERRYMAN, Charles Wilbraham (47), HARRIS, George (40, secretary), and TYLER, William Henry Dacre (56, accountant) all conspiring and agreeing together to defraud divers persons of their moneys and valuable securities; all obtaining by false pretences from Edith Maloina Treadwell Butcher a banker's cheque for £150, with intent to defraud; all obtaining by false pretences from David Ashworth banker's cheques for the payment of £20, £10, £10, £20, £20, £20, £20. £20, £20, £20, £40, £30, £30, £32 16s. 9d. respectively; from Alfred Owen Smith a bankers cheque for £10, and 10 other bankers' cheques of the value of £168 15s. 5d. respectively; from Alice Rudolphine D'Altera a banker's cheque for £30, £30 and divert other cheques of the value of £61 lis. 6d. respectively; from John Thomas Lever banker's cheques for £30, £3 2s. 6d. and £10 respectively from Julia Henrietta Pittet a banker's cheque for £15; from Frederick Reed banker's cheques for £100, £50, and £350 respectively, and from Lucia Sophia Griffiths the sum of £5, postal orders of the value of £10 and certain other postal orders of the value of £23 15s., in each case with intent to defraud; all having received and been entrusted with certain property for a certain purpose, to wit, by David Ashworth, a banker's cheque for £20 and 13 other banker's cheques of the value of £292 16s. 9d.; by Alfred Owen Smith a banker's cheque for £10 and 10 other banker's cheques of the value of £168 15s. 5d.; by Edith Maloina Treadwell Butcher a banker's cheque for £150; by Alice Rudolphine D'Altera a banker's cheque for £30 and certain other banker's cheques of the value of £91 lis. 6d.; by John Thomas Lever a banker's cheque for £30 and two other banker's cheques of the value of £13 2s. 6d.; by Julia Henrietta Pittet a banker's cheque for £15; by Frederick Reed a banker's cheque for £100 and two other bankers cheques of the value of £400; by Lucia Sophia Griffiths with the sum of £5 and certain postal orders of the value of £33 15s., unlawfully and fraudulently did in each case convert the same to their own use and benefit.

Mr. R. D. Muir, Mr. A. H. Bodkin, and Mr. I. A. Symmons prosecuted: Mr. E. Marshall Hall. K.C., Sir C. Mathews, and Mr. Arnold Ward appeared for Perryman; Mr. W. H. Leycester and Mr.

J. Wellesley Orr appeared for Harris; Mr. F. £. Smith, M.P., Mr. Walter Frampton, and Mr. A. L. Jones appeared for Tyler.

SYDNEY FRANK INGLETON , clerk to Messrs. Hobson, Richards and Co., auctioneers, 79, Coleman Street. My firm had in 1895 the letting of offices at 43, Moorgate Street. Tyler applied for two offices on the firs: floor. After reference to Messrs. Dore and Sons, Limited, our principals, Tyler took the offices at £110 per annum, which was paid in the autumn of 1901. I would not say that Tyler himself always' brought it in. At that time I understood Tyler went to South Africa. In September, 1904, we distrained on Tyler. After he went, to South Afrioa, as I understood, the letting still remained in his name, Dacre Tyler, till March, 1905. When he left he said he had left certain things on the premises and we communicated with Harris' st. 80, Lombard Street. On the payment of the rent alter Tyler bad gone away I should see Harris. A man named Adkins, who had a power of attorney for Tyler, paid the rent for a time. After that we got it from whoever we could on the premises. We have fot it from Harris. I do not know Perryman. I have never seen him to my knowledge.

HENRY SELFE BENNETT , medical man, practising at 53, Upper Berkeley Street, and 80, Lombard Street. I let part of my premises at 80, Lombard Street, in 1902 to a man named Herbert Smith. I am not prepared to say that the photograph handed to me represents him, but to the best of my knowledge it is his photograph. It is No. 211. I only had one interview with him. Before an agreement was entered into references were asked for by my solicitor. Those two references are 191 and 192; 191 is headed "Kalgoorli Gold Mining Company, Limited, registered offices, 43, Moorgete Street," It is a letter dated July 15, 1902, from C. W. Perrvman to my solicitors, Janson, Cobb and Co.; 192 is headed, "Gold Coast Property Owners, Limited, registered offices, Dashwood House." It is dated July 15, 1902, signed George Harris. After those references, the agreement, 190, was entered into between Herbert Smith and myself for premises at £80 a year. It is signed in the name of Herbert smith, and witnessed by my lawyers. I saw something in a newspaper. I have now handed, to me document 193, which is headed "80, Lombard Street; to Dr. Henry Seife Bennett," dated May 10, 1905. I have no recollection of getting it. The whole of this business was transacted through my lawyers. I received it from my solicitors and gave it to the prosecution. I must have seen it before. I produce that document as coming from Messrs. Janson and Cobb. It is signed George Harris. At that time I was contemplating taking proceedings for the rent, and bed given notice to quit to Herbert Smith, 194. At the bottom is written, "I acknowledge receipt on behalf of personal legal representatives of Mr. Herbert Smith. Signed George Harris." Smiths death is first disclosed in 193, dated May, 1905. The notice was December, 1904. I eventually received my rent. About Midsummer, 1905, the premises reverted to me. There was some difficulty in getting the last quarter's rent I understood

it was paid from Moorgate Street. I believe during the latter part of the tenancy the place was only re-presented by a young woman, who departed, and it was with the abject of getting my rent that she was followed to Moorgate Street. I did not see her at the police court. I do not think I ever saw her. I do not recognise any one of the defendants. (The Misses Oyler entered the Court.). I do not recognise those young ladies.

Cross-examined by Mr. Marshall Hall. I had an interview with a man I believed to be Herbert Smith, whose photograph I have recognised. I have certainly seen that face before. I cannot remember that he told me the purpose for which he required the offices. There are still bankers and stockbrokers in Lombard Street.

FLORA MARY SMITH , widow of the late Herbert Smith, who lived at 11, Cedars Avenue, Walthamstow. I have lived there for 20 years. My husband was engaged in the tea trade in Mark Lane and had offices there. He became bankrupt about 1888. At two different periods after that he worked for his brother. He became ill in June, 1903, and died on October 22, 1903, in St. Bartholomew's Hospital The last day he went to work for his brother was June 22 or 23. He went to no business after that date; he was too ill. He passed through the City once, about July 7, on his way to the seaside. Afterwards he returned home and then went to St. Bartholomew's Hospital. I have seen Ferryman twice since my husband's death. I believe my husband allowed him to trade under his name. My husband never carried on any business connected with stocks or shares. I saw Perryman at his office, 43, Moorgate Street. On both occasions he requested me to go and see him. I have seen Harris once, after my husband's death. On his death I telegraphed to Perryman, informing him, and received in the evening a letter from Harris enclosing £4 10s. in postal orders on Perryman't behalf. He said Perryman was away from town and that they had arranged to send me the money. They knew my husband's death was impending. That was on October 22, 1903. Shortly after Christmas, 1903, I got a notice about some rent, and either wrote to Perryman or sent my son. At Perrvraan's request. I then went to 43, Moorgate Street and saw Harris, I think. I told him who I was and what I came about, and was ushered into Perryman's private office. Before going into the office I noticed a placard on the wall, "Herbert Smith, Stock and Share Dealer" or "Broker," or something of that kind, and five or six other businesses, or callings, underneath. My husband's name way in large letters. I think it was a registered letter I had from the solicitors on Christmas Eve saying would my husband give up the offices in the following June. The letter was addressed to Mr. Herbert Smith. I have not the document here. I saw Perryman in his office. I told him I wished him to take my husband's name out of the business, but he merely condoled with me on my husbands death. Nothing special transpired on that occasion. I merely said would he take my husband's name out, and he said he would. He said he would see to the rent. The premises in respect to which the

rent was claimed were 43, Moorgate Street I got this letter (produced) in June, 1904, signed George Harris. That is the only one I have been able to find. I destroyed all the others when the name was taken down from the door. It it from 43, Moorgate Street. With reference to the sentence in it that he would rather tee me before I wrote to the bank, I had had a notice from the London City and Midland Bank. After I got it I wrote to Perryman and then got this letter, dated June 10, 1904. I then wrote letter 229 on June 27, 1904, to Perryman. The enclosure I forwarded was a further communication about the rent of 43, Moorgate Street. Perryman made an appointment, and I went up to the office. I did not notice whether my husband's name was still up on the premises. I saw Perryman and asked him to take my husband's name out of the business. He said the business was my husbands. I said I was not aware of it, and he said, "Oh, yet, it was, and I have lost a lot of money by it." Then he said, "You being the widow, it really belongs to you." I declined to have anything to do with it, and said I would consult my brothers. He then said, "No, you are not to tell anyone anything that transpires in this office; it it strictly private." Then I said, "Well, take my husband's name out of the business and do not let me be troubled in any way again. Do not ask me to do anything or sign anything, or do anything in the matter." He assured me he would not, that it was finished, and I left him. I said, "Do not let any disgrace or dishonour be attached to my husband's name in any way whatever," and he assured me there should be none. Afterwards I heard the plate was taken down from the door and I thought the matter was settled, but in the following February I received a visit from the representative of Janson and Cobb in reference to 80, Lombard Street. I do not know that at any time my husband was the tenant of that office. (Letter 230 read.) The business was his brother's tea business. Harold was his brother. He is in the tea business still. The photograph shown to me is of my late husband.

Cross-examined by Mr. Marshall Hall. My husband had two brothers, Percy and Harold, "Vernon" was not another brother; I do not know who he is. I was married about 20 years. My husband told me of some of his business. I believe Harold dealt in stocks and shares, but nothing whatever to do with my husband. I did not know my husband carried on a tea business in partnership with Harold. Harold was originally his servant—he was nine years younger. My husband taught him the basined. From 1888 to 1902 my husband worked his tea business from home, taking orders through the post Then he did some outdoor business for Percy, who is a house agent. I should not think it took my husband a great deal in the city. He used to go out every day and come home about nine. My husband's signature is attached to Exhibit 190, the agreement which Dr. Bennett produced. The date is July 29, 1902. I knew Pern-man had an office at 80, Lombard Street. My husband baa offices from Dr. Bennett, but they were at 43, Moorgate Street. I have got them confused between 80, Lombard Street and 43, Moor-gate

Street, perhaps. My husband had one office only. That is all be told me about. My husband did not tell me everything he did. I telegraphed the news of my husband's death to Perryman because he asked me to keep him acquainted with the state of his health. I sent the telegram to 43, Moorgate Street. I knew my husband was in the habit of going there. It is not a fact that nearly all the money that my husband made in the last few months of his life was made by odd jobs that he did in stocks and shares; he knew nothing whatever about stock and shares and never dealt in them. It was not £4 15s. 9d. I received, but £4 10s. It was for funeral expenses. I suppose, certainly not for rates of 43, Moorgate Street. I understood it was to help me in my trouble. The rates of my private house were about £6. My husband died on October 22. He was quite incapable of drawing cheque No. 92313 for £4 15s. 9d., as suggested to me. on that date. Matthews, of Matthews, Matthews, and Good-man were his cousins. Their office is at 32, Queen Victoria Street. I do not know anything about his doing business with them. Cowan and Sons, of Queen Victoria Street, were printers. I believe my husband did business with them. My husband passed through the City on June 22; he did not tell me he was going to the City to get money to enable him to go to the seaside He was away from home. He went to stay with a relation. Scarlet fever broke out in the family, anile, therefore, he could not return home, but went to the seaside from there. I did not want to take the fever home to my two children, so I could not see him at all. I believe Perryman gave him some money and told him he looked very ill and had better go to the seaside. I believe he gave him £5 or £2. I do not know exactly the sum. I wrote four years ago to Perryman with regard to taking my husband's name out of the business—Christmas, 1903, and I believe I asked him to do so each time I saw him. In June, 1904, I wrote. "I think it would be better not to trade under my husband's name." That was a mild way of putting it. There had not been an arrangement. I did not know that the business was carried on under my husband's name and that I was to be interested in it. If I could have afforded legal advice I should have taken it and compelled Parkman to take my husband's name down, but I had not the money and therefore I was obliged to let it remain until he chose to do it. I know nothing of Tyler; I never heard the name until I heard of his arrest. Janson and Cobb sent a registered letter to my husband for the rent of 43, Moorgate Street, not knowing he had passed away Perryman took offices in my husband's name at 43, Moorgate Street long before my husband died. My husband allowed him to trade under his name there. I do not think he had a share in the business. I think he had very little. Perryman gave him something when he thought he would, and very little it was. I told Perrvman I thought it averaged £I a week. I do not feel very friendly towards Perryman. He tried to ruin me. I have a good deal of ill-feeling towards him now. He tried to ruin me by trying to get me to take over the business. My relations with my husband were not the happiest.

My husband told me some things he did. He could not keep much to himself. I got it out of kern. He did not complain that his home was very unhappy in consequence. It was poverty that made the home uncomfortable. The detective, Maclean, called on me in reference to this matter. I did not tell the police I felt very bitter against Perry man. I told the officer that he had tried to make me take over the business. I had not the remotest idea of taking it over, and I was very unhappy that he should suggest it to me.

Cross-examined by Mr. J. Wellesley Orr. I only saw Harris once. My husband used to leave home about 8.45 a.m. and return at 9 or 10 p.m.

Re-examined. I did not get any part of the £26,000 that went into Herbert Smith's banking account. I only know that he allowed Perry-man to use his name. My husband said something about 80, Lorm-bard Street, but then he went to 43, Moorgate Street. He said Ferryman had an office at 80, Lombard Street. My husband's name imp not up there, I think. In the letter which enclosed the £4 10s. Harris condoled with me and said that Ferryman was away from town and that it had been arranged, as they knew my husband's death was impending, to tend me that money. Nothing was said about rates nor about a share of the business; it was purely a private matter. My husband was incapable of signing cheques quite six weeks before hit death.

To Mr. Justice Lawrence. Before my husband went to the seaside he was staying with a relation about a week. Before he went to that relation he had been living at home. He was always pushed for money. He has lost a lot of money. He had £800 from hit father in the tea trade and lost that. Between the time that he lott hit money in the tea trade and the time that he was taken ill he was not in well-to-do circumstances. He was in very bad circumstances.

PERCY SMITH , house agent, 87, Grosvenor Road, Highbury. The late Herbert Smith was my brother. He failed in 1888, and before he came into my permanent employment I gave him some employment for a short time. He was in my employment continuously from May, 1902, till he what taken ill in June, 1903. Hit hours were from nine or 10 a.m. till seven or eight p.m. He came every day to my office. He acted at canvassing clerk. I gave him 4s. a day and a commission on business results. He was taken ill on June 22 and never came back to work. I have no knowledge of his being connected with any 'basinet in stocks and shares at all or having any such transaction.

Cross-examined by Mr. Marshall Hall. I did not know he had anything to do with an office at 80, Lombard Street. His work for me occupied the whole of his time from 10 till 8.

FRANK RICHARDS , clerk to Messrs. Dore and Sons, Limited, tailors, 43, Moorgate Street. The upper part of those premises is let in offices. I know the name of Dacre Tyler at being the ostensible tenant of those premises. I could not identify him. I recognize George Harris. I have seen him at those offices. I never remember

him personally handing rent to me. We received rents through our agents, Hobson. Richards, and Co. I have seen Perryman at the office and have known him by repute as Herbert Smith. He has been pointed out by various people. In 1900 there were some companies' names up—the Raudepoort Gold Mines Company, or Gold Mining Company, and the Hannan King Brownhill Gold Mining Company. About May, 1902, the name on the door was changed to "Herbert Smith, Mining Market Review." There was no description of the business. The companies' names had been taken away. The name of Herbert Smith remained there until the expiration of the tenancy in March, 1905.

Cross-examined by Mr. J. Wellesley Orr. I saw Harris in the office fairly often. I have handed him letters. I knew nothing about the firm. Some letters were addressed to Harris. Some were addressed straight to him, and not c/o the firm.

Cross-examined by Mr. Marshall Hall. I have had Perryman pointed out to me at various times by different people both as Perrynum and as Herbert Smith. At the police court I said, "I would not swear to having seen Perryman, but I believe I have." I understood he was Perryman, but he was pointed out to me as Herbert Smith at various times before these criminal proceedings.

ALFRED DULIEU , waiter at Pimm's Restaurant, Cheapside. I recognise Perryman and Harris, and have known them by those names. I do not recognise Tyler. I have two nieces named Jessie and Annie Oyler. Some years ago they were out of employment, and I spoke to Perryman about Jessie, It might have been three years ago, and he said he would try to get her employment. Some time later he asked me if she was still out of employment, and when I said "Yes" he told me to send her to a certain address, which he wrote down on piece of paper. I believe it was in Moorgate Street. I do not think I spoke to Perryman after that about Annie. I got employment for her at the Cellular Underclothing Manufacturing Company. I do not think Annie was ever employed at 80, Lombard Street. In the early part of 1907 Jessie again wanted some employment, and I asked Harris if he knew of an opening, and he said he would see. I approached him again on the matter, and he said he thought be might start her in a few days. I wrote down the address and gave it to my niece. It was Tokenhouse Yard or Buildings, to the best of my recollection.

Cross-examined by Mr. Marshall Hall. The detective Ottaway has been to see me. He told me the name of Perrvman in the first instance. Before that I called him "Mr. Fatty," of course not to his face. There are hundreds of customers whose names we do not know for years. I identify him as "Mr. Fatty" and as Perryman. He never had a conversation with me on business matters.

JESSIE OYLER , Spitalfields Market, waitress. In 1903 I was seeking employment and spoke to my uncle Dulieu, and after some little time he gave me a slip of paper with an address on it, Herbert Smith, 43, Moorgate Street. I went and saw Harris there, and said I had

come about the situation, and had been sent there by my uncle. He said, "Step inside." I took of the situation there and then at 10s. a week. I was employed by Harris, who I then took for Herbert Smith. I was employed to address envelopes; nothing else. I sat facing a window with my back towards the door. I got the addresses for the envelopes from lists provided by Harris, I do not remember whether they were people living in London or the country. Miss Mabel Long was also employed there, and no one else that I can remember. She was in and out all day. There were two rooms in the offices. Miss Long shared one with me when she was there and Harris used the other. No one else used it. I saw no one else there but Harris. People could get into that other room from the corridor without my seeing them. I knew Harris as Herbert Smith, but I heard others call him "George," so I called him George. He answered to that name. I do not remember ever ceiling him Herbert Smith. I remained there about 12 months. My salary was increased up to 12s. a week. Shortly before I left Harris sent me across to 80, Lombard Street, to the Lombard Financial Corporation. I saw Mist Mabel Long there. I did not do any work there and do not know what I went for. I stayed there doing nothing. I may have read a paper or something. I had that arduous duty about a fortnight or three weeks, and left because I was ill. Alter a rest of two or three years I wanted further employment in March of this year. I left there about the spring of 1904. My sister Annie was looking out for a situation when I first went to 43, Moorgate Street, and she went with me there. She was employed at 80, Lombard Street, and was in the office at the time I was. We were at 80, Lombard Street together. I did nothing and she did nothing. In March, 1907, I went to my uncle Dulieu, and from what he said I went to 2, Token house Buildings and saw Harris and asked for Mr. Tyler. I did not see Tyler then, but shortly afterwards. I told Harris I had come about the situation and he said, "Wait for Mr. Tyler." I saw Tyler and went with him to offices at Pinner's Hall, two offices on the ground floor, an inner and an outer. It is possible to get into the inner office without going through the outer one. I was in sole charge of that office, and addressed envelopes from lists to people in the country, about 200 a day. I left them on the table and do not know what was done with them. My salary at Pinner's Hall was 12s., and my hours 10 till four. Tyler arrived before me in the morning. The letters were attended to before I got there. Tyler was in the office every day, but he would go away. Harris would come there daily, sometimes with Tyler and sometimes alone. I had instructions from Tyler that if anyone came for him and he was in I was to tell them he was out, which I did. People did not come very often. Tyler was seen by clients sometimes. I do not remember any of their names. Tyler would tell me to admit some people, giving me their names. The name on the office was "William Tyler and Co." There were no books in the office. There was not a letter book. There was a copying press, but I never saw a single letter

copied in the place. I was there about two months. Then I asked for more wages and Tyler said he could not give them to me. Harris said, "Would you care to come with me if I gave you more?" and I said, "Yes," and went with him to 2, Tokenhouse Buildings, receiving 15s. a week for addressing envelopes from lists provided by Harris to people in the country. There was an inner and an outer room in those offices, and one could get into the inner room without going through the outer one. The names up were, "The Financial Guardian" and "Raudepoort Gold Mining Co." I do not know who "The Financial Guardian" was. If anyone called about it Harris would see them. He went by the name of Harris. There was another young lady in the office, Miss Long, and one day a gentleman came in dressed up at though ill, and she said that was Herbert Smith. Then I asked, "Who is George?" and she told me. No one Asked for anyone by name at the "Financial Guardian." They asked if anybody was in who had to do with "The Financial Guardian." Miss Long and I were there together about three weeks, and then she left, and I have not seen her since. I do not know her hand-writing. I do not remember anybody asking for anyone but Harris. Harris used to use the letter books. Tyler used to come daily and stay half an hour or an hour, and longer sometimes. He came with Harris. Ferryman used to come there and ask for Harris, and if he was in he would go into him. If not he used to go outside and wait. People could go into the inner office without my seeing them. Perry-man only came now and again. I saw no circulars whatever at 2, Tokenhouse Buildings, and I did not put any circulars into envelopes there. At Pinner's Hall I did. I never opened one to see the name. Tyler gave me the circulars to put into envelopes. They were already folded. I never heard the name of H.K. Ablett at 2, Tokenhouse Buildings. I have heard the name of George Martin. Somebody came and asked for George Martin. Harris was in the office at the time and he saw him. I referred him to Harris, saying I knew nothing about it, and Harris saw him. I never heard the name of J. Wood at 2, Tokenhouse Buildings. I never saw circulars at 80, Lombard Street. I never saw any gentlemen there at all, nor did I ever hear the name of Fraser. I saw no man employed there. I was still employed at the time of the arrest at the beginning of June this year.

(Tuesday, October 29.)

ANNIE OYLER , 117, Commercial Road. In 1903 I was engaged by Harris at 43, Moorgate Street as clerk at 8s. a week, my duties being at 80, Lombard Street. I was there about 12 months, from nine a.m. to four or five p.m., and occasionally took the letters to 43, Moorgate Street, Mabel Long generally taking them. There were sometimes callers seen by Long. I do not know what was said. If she was not there and anyone knocked I did not answer the door. I never saw Fraser nor heard his name mentioned. Harris came once or twice and saw Long. I never hoard what he said. There were

ledgers at Lombard Street, but I never looked at them. I and my titter were paid at 80, Lombard Street. (The Judge stated that the witness manifested hostility.) I made a statement to Ottaway. I said that Long brought my wages from 43, Moorgate Street—Miss Long told me to. I Have no recollection of laying that upon the door of one office was painted, "Mr. Fraser. Private." I never mentioned Fraser's name. I did not say that no books were kept there. I did not say that several persons called and complained of not receiving money due to them and that I told them Mr. Prater was out. I did not look to see how the letters were addressed. I did not tell the police inspector they were addressed to Fraser, of the London and Financial Corporation.

Cross-examined by Mr. Marshall Hall. Ottaway asked me some questions and wrote something down, which he read over to me. He did not ask me to sign it I did not say that people complained of not receiving money. I have told you everything I know.

HORACE SPENCER , 2, Tokenhouse Buildings, auctioneer. On February 24, 1903, I let offices in 2, Tokenhouse Buildings to James Wilkes Hawkes at £75 a year under agreement (produced), witnessed by George Harris. I received the rent sometimes by cheque and sometimes by cash, very often from Harris. The name put up was the Rand Roodeport Company. I saw Hawkes at the police-court In taking the offices he referred to Perryman. Ferryman said he thought Hawkes would make a good tenant, and, at far as the rent was concerned, that would be all right, he (Perryman) would pay it Cheque (produced) for £56 5s. of January 16, 1906, payable to me, is signed "C.W. Perryman"; that is for three quarters' rent to Christmas, 1906. Receipt to J.W. Hawkes is my handwriting. On March 20, 1906, I wrote to Perryman for the rent to 2, Tokenhouse Buildings, and also to his private address. I wrote again on March 29 and April 20. I received cheque of March 24 for £18 15s., signed "C.W. Perryman." At Christmas, 1906, I lei another room to Perryman. £80 was the proper rent, but I let it to him for £40 temporarily, he to do all repairs and give it up at a week's notice. I produce cheques of February, 1907, for £10 and April 10 £10 rent for that room.

Cross-examined by Mr. Marshall Hall. Hawkes is a real person. Perryman had an office from me some years before at 4, Tokenhouse Buildings, and, not knowing Hawkes, Perryman promised that he would see the rent paid—I do not say that he guaranteed it, or that I had a legal claim against him.

Re-examined. I have known Perryman about ten years—I had not seen Hawkes before I let the premises to him. I think Hawkes made some payment in cash.

HENRY LOCKE SMILES , 79 £, Gracechurch Street, solicitor. I have known Tyler more than 15 years. On June 25, 1906, he and Perry-man saw me about an office which my firm had to let. I had also tome office furniture. They agreed to take the office at £40 for the remainder of the year, and to take the furniture for £10. They

took possession and then, owing to a difficulty with the landlord as to under letting, the offices were given up. On October 24. 1906, Ferryman wrote from 2, Tokenhouse Buildings, stating, "You will see that the office affair has been settled up long ago. You asked Mr. Tyler to terminate his tenancy, which he did, releasing my guarantee." I wrote to Tyler, on July 16, "I think that you might get Mr. P. (Perryman) to pay up to £5—that was for the furniture.

Cross-examined by Mr. Marshall Hall. The tenant to whom I had let my offices had the brokers in. Perryman instructed me to settle Memorandum of Articles of a company for which I sent a bill of costs and which he declined to pay. A small sum was subsequently paid. Tyler was very angry at having to give up the offices, and offered to lose £2—the money agreed for the furniture.

Cross-examined by Mr. Smith. I had had business relations with Tyler for nearly 20 years, and in his absence for six years in South Africa I held his Power of Attorney and received moneys on his account. I have attended to many legal matters for him.

SAMUEL HUNT , manager to Hunt and Co., office furnishers, 11, Bell Yard, Gracechurch Street. On July 3, 1906, I received instructions to remove and store office furniture from an office at 79 £, Gracechurch Street. It was pointed out to me by Tyler, stored by me till October 9, 1906, and then removed to Pinners Hall, where my first painted up the name of "William Tyler and Co." (To Mr. Marshall Hall. I do not know Perryman.)

EEDMUND BULL , chartered accountant, 10, Old Jewry Ohambers, stated that he had the letting of Pinner's Hall, and in September, 1906, let two rooms to Tyler. £90 was asked, £80 was offered, and finally £85 was agreed upon.

To Mr. F.E. Smith. I obtained two references before the rooms were let, one from Messrs. Jack and Co., Copthall Avenue, and the other from Mr. F.H. Parker.

HENRY HEATLEY , lithographic artist, Spoke to calling several times at the office of William Tyler and Co., Pinner's Hall, but was never able to see anybody but a young lady clerk. He made verbal appointments to see Mr. Tyler, but was never able to keep any of then. He explained by letter that he was writing for a friend in Ireland.

MISS CLAIRE LATUS , at present living at Portland Mansion, Clapham, and an actress. About the middle of April I was introduced to the firm of Tyler and Co. by a friend, and acted as lady clerk to them in April Rind May. I had bad office experience. I was engaged by Mr. Tyler at a salary of 12s. a week. I was to do typewriting and attend to the office generally, and the office hours were to be from half-past ten to half past four or five. For about a fortnight I was the only lady clerk, and then a Miss Ruby Reece came. I typed letters and addressed a lot of envelopes and circulars, arranged them and got things in order a bit. All these things had to be straightened out and that took nearly a day. The letters were dictated to me by Mr. Tyler. The number of circulars I dealt with might have been anything between 300 and 500. After I had done the envelopes

they were repacked in boxes. I saw some printed circulars like those (produced) on the table and deck in the office. I did not see any-thing done with them. I did not notice that different persons who came into the office took them off the counter. Sometimes Tyler was there before I was. My instructions were to take the names of callers if they would give them and any message. On one occasion I recollect that I said Mr. Tyler was not in when he was in. That was because the caller had refused to give his name. Tyler did not remain in the office all day; he came in and went out. I did not keep say books of account nor did I see any. There was no pries copy letter-book, but there was a copying press. So far as I know it was never used. I have seen prisoner Harris at the office. I think be only came about twice, not many times, I know. I was there altogether four or five weeks, and only remember seeing him two or three times at the outside. Only on one occasion he gave instructions about letters he wanted typed. During the absence of Tyler, at the request of Harris I paid cheques into the bank. Harris asked me to endorse the cheques. I recognise the list produced as one from which I got the names and addresses. I did not notice at the time that they were mostly people living out of London, but I see now that it is so. The list is called the "London and Provincial Investors' Register." Several names are struck out, and against these are the initials "G.A." (Gone away.)

To Mr. Marshall Hall. I said before the magistrate: "I do not know Pernyman." I do not know him.

To Mr. F.E. Smith. Tyler came to the office every day with one exception. The letters I wrote were mostly written in longhand and I copied them. A few boxes of the addressed envelopes were taken away by Mr. Tyler. The others remained in the office. I have scratched out one or two of the names where the letters have been returned.

THOMAS CHEESEMAN , manager to Henry Langridge, 16, Great St. Helen's. I know prisoner Tyler as tenant of two room at that address. He became the occupier of them in September, 1906, at £120 a year. The name up was Gibbs and Tyler, or Tyler and Gibbs, I forget which, and there were two names on the first floor windows, I forget what they were now; they were the names of companies. The £30 rent for the Christmas quarter of 1906 was paid by cheque drawn by "C.W. Perryman" on the London City and Midland Bank, Victoria Street. It is endorsed "W.H. Tyler." Since the arrest of Tyler at the end of May Perryman has called at the office to inquire if there were any letters for him. I referred him to the housekeeper, who always sorted the letters and gave them to the various tenants.

JOSEPH STEAD , private secretary to the Earl of Kilmorey. In April of this year I received a letter from Gibbs and Tyler follows: "Dear Sir,—Fullers Earth Union, Limited.—We have an inquiry for some founders' shares in this company, and we shall be glad to hear if you are desirous of selling your shares and what price

you will accept for prompt cash." I replied asking the price that Gibbs and Tyler offered, and, in reply to a telephone message, said that Lord Kilmorey would sell a founders' share for £50 net cash. I prepared to transfer from Lord Kilmorey to Gibbs and Tyler and sent the transfer with the certificate by Miss Cecil to Gibbs and Tyler's office with instructions not to leave the transfer unless she got the money. She brought back 10 £5 notes. Some of the notes were produced at the police court.

Miss AMY CELL , clerk to Mr. Stead, gave corroborative evidence.

LEWIS JAMES WESTLAKE , Messrs. Pope and Westlake, stockbrokers, George Street, Bath. In May, 1907, we were desirous of purchasing a founders' share in Fullers Earth Union, Limited, for a client. On April 23 we received a letter from Perryman offering to sell a founders' share at £125 net. We replied offering £70, and Perry-man wrote back that he would take £90, to which price we eventually agreed.

Cross-examined by Mr. Marshall Hall. We circularised a great many people in respect of these shares. Perryman's name was on the list of original holders. When we sent out the circular the dividend had not been declared, and we anticipated a very great rise in value It was a good gamble. We were willing to give £85 or £90 for a share; and if Perryman could have got a share for £50 and sold it for £90 that would have given him a good profit, the ordinary idea of good business being to buy cheap and sell dear.

NICHOLAS JOHN BLOOMER , manager of the London and Provincial Investors' Register, 13, Finsbury Street. It is a part of our business to supply lists of probable investors in town and country. They are mainly made up by searching the shareholders register at Somerset House, who are classified according to their addresses and the character of their securities. I know Tyler and Harris. Harris was apparently acting manager and confidential clerk of the "Financial Guardian." Besides supplying lists I did some business for him in the way of printing and folding, addressing and stamping circulars I was always paid in cash, com, or notes. I have been doing work of this kind for the "Financial Guardian" for about 18 months, the amount of money received being £159 16s. 4d. It was either in the name of George Harris or the "Financial Guardian." Harris never pretended to be the principal. I have known Tyler a year this month. Harris introduced him as a friend in a line of business similar to his own. What Harris was it is difficult to say. We get a lot of customer from that particular style of business which deals in shares, outside stockbrokers' business, and they all vary in detail. Harris's business was apparently that of dealing in shares, judging from the circulars printed. I also did work for Tyler—printing, addressing, folding, enclosing, stamping. Including stamps, the work done amounted to £389 18s. 3d. We sometimes had envelopes ready directed from Tyler and Co., small parcels, but not large numbers. We did not supply him with lists of shareholders. In April of this

year 145,000 circulars were sent out for Tyler. Payment was made both in cheques and cash.

THOMAS PARKINSON , manager of the Argus Printing Company, Temple Avenue, Tudor Street. I know defendants. I got to know Perry man about eight years ago, and the company has been doing printing for him since that time. He was then connected with the "Mining Herald, in old Jewry, which we printed. Harris was the "second" (clerk) in the "Herald" office. Perryman paid the account by cheques. Afterwards Perryman was to be found at Herbert Smith's in Moorgate Street. I also saw Harris there. The photograph produced is not the Herbert Smith I was introduced to. He was dark, about 27 years of age, and had a black moustache. This would be about 1902. I was introduced to Herbert Smith by Perryman. I printed circulars for Smith. We did not set up the type. The formes were sent and we only did the machining. We had the formes from Bleach, printer, of Sumner Street. Harris gave orders as to how many to print, and the accounts were paid by cheques drawn by Herbert Smith, until the guarantee by Perryman in September, 1904. I asked Perryman for the guarantee because we were not getting paid. The original was handed to Messrs. Lewis and Lewis. I had nothing to do with it after I had passed it into my directors' hands. After the guarantee Perryman always paid—by cheque. In all £931 4s. was debited to Herbert Smith. We also did printing for Messrs. Chalmers and Cox, for which Harris gave the orders. We had £55 from Cox. Chalmers and Cox were introduced by Perryman. I should not have given them credit otherwise. If they had not paid I should have looked to Perryman. We also did printing for A.W. Fraser, of Lombard Street. Fraser used to pay by cheque. In all the account was £376 9s. 6d., and in this case also Harris used to bring the orders. I never had conversation with Perryman about Lombard Street and Fraser. The printing was of the same character—circulars; but I never read them. We did not do any printing for "The Financial Guardian." We did printing for Tyler and Co. to their order. Tyler was introduced, I think, in 1905. His account was £304 4s. I had no conversation with Perryman about Tyler and Co. The delivery note produced shows that in March of this year I was directed to deliver some circulars of Tyler's to "The Financial Guardian." The cheques produced from August, 1905, to August, 1906, are drawn to my company by Perryman. Mr. Perryman's guarantee did not become operative until January, 1905. The company afterwards brought an action against Perryman, Messrs. Lewis and Lewis acting for them. Judgment was signed, and Perryman was served with a notice in bankruptcy at the suit of the Argus Printing Company for £351 14s. 9d.

Cross-examined by Mr. Marshall Hall. Perryman introduced a very large number of customers, and the accounts had been duly paid, but in September of 1904 there was money due from Herbert Smith which I could not get. I then went to Perryman and told him I had got into trouble with my board of directors for giving credit to Smith,

and I that my board objected to giving credit on any printing orders over a certain amount, and it was then that Perrynian gave me this so-called guarantee: "My dear Paikinson,—I am sorry to learn there is a balance due your firm on the three accounts introduced to you, and I will make it my business to see that they are stirred up to settle. In any event, you need not worry that the accounts will not he eventually promptly settled, because I will myself be answerable for them, and if they are not paid before the end of the year I will pay them myself." Therefore the obligation with regard to payment did not arise until the beginning of 1905. I do not know that an action was brought against Perryman and judgment obtained and that a bankruptcy petition was subsequently heard and dismissed, the allegation being that Mr. Perryman was trading as Herbert Smith. I do not know that in the bankruptcy proceedings the company recovered nothing as against Mr. Perryman.

Cross-examined by Mr. Leycester. I understood that the business at Moorgate Street was managed by Herbert Smith and that he had some money in it. He introduced three accounts to me—Chalmers and Cox, Fraser, and Herbert Smith.

Re-examined. I received from Herbert Smith £931 4s. 7d. in all. Perryman introduced about six accounts to me.

CLIFFORD BEARD , M.R.C.S., medical officer to the Fever Hospital Islington. Ruby Reece it a member of our staff, is suffering from malignant tonsillitis, and is unfit to travel.

Ruby Reece's deposition at the police-court was read.

Mr. PARKINSON, recalled. Some of the work Perryman introduced to me was company work—not Stock Exchange Work.

CLAIRE LATUS , recalled. (To Mr. Smith.) The day before Tyler was ill he gave me instructions to give hit letters to Harris, who came for them.

WALTER GEORGE BLEACH , 43, Broke Road, Daltton, printer. I have known Perryman and Harris for about 17 years in connection with the "Financial Observer," of which I did the printing for about 18 months, getting the copy at a rule from a lady clerk at the office at Jewry Chambers. The money was usually left out for me. I have seen Perryman there, but I looked to Harris for the money. I met Tyler at the office of the Rand Roodepoort Company, 43, Moorgate Street. I used to work for the company. The name of Herbert Smith what afterwards put up at 43, Moorgate Street. I have seen Perryman and Hawke a there occasionally. I have printed circulars, for Herbert Smith, the copy being handed me by Harris or a lady clerk. Perryman approached me in 1905 about starting another paper called the "Financial Guardian" and asked me if I would print it and take an office for it, which I did at 27, Sun Street. I got the type on the hire system. Perryman paid me the rent of the office and the type. The paper was only set up twice—it was never printed or issued. The manuscript consisted of cuttings from the financial papers, which I received from Harriet or a lady clerk. Circulars

(produced) in the name of H.K. Ablett and George Martin were printed by me at Sun Street in quantities of 2,000 to 4,000. I delivered them to 2, Tokenhouse Buildings, and received payment from Harris or a lady clerk generally in cash. I think Harris approached me first and asked if I would put up the name of Herbert Smith at Sun Street and take in letters. This was in February, 1905. I asked Perryman if I should do so, and he said, "Yes." The name was put up, and I received letters and took them to 2, Tokenhouse Buildings. If callers came I was to tell them Smith was away, which I did. Bundle of circulars (produced) of the London Financial Corporation, 80, Lombard Street, were printed by me. I received instructions at 43, Moorgate Street, from Harris or a lady clerk, or from Perryman. Bundle of circulars of Chalmers and, Cox, 2, Token-house Buildings (produced), were printed by me, on the instructions of Harris, Hawkes, and, I believe, Perry man, at 43, Moorgate Street I have known Hawkes for 10 or 12 years, when he was on the "Financial Observer." I took him for one of the firm at 43, Moorgate Street; 115 cheques (produced) are all drawn by Perryman to me between November, 1891, and October, 1906. In November. 1906, I was subpœnaed to give evidence in a case. against H.K. Ablett. I saw Perryman about the Court. I told him that I was subpœnaed. I do not recollect what he said, but he mentioned to me that I was not to say that he was H.K. Ablett.

Cross-examined by Mr. Marshall Hall. As I had seen Ablett I should think there was no necessity for anybody to say that Perryman was not Ablett. I think the photograph (Exhibit 211) is like Herbert Smith, whom I have seen once or twice. In March, 1905, I moved a quantity of account books and old financial newspapers, amounting to about a ton weight, and sold them as waste paper. I may have got cheques from Herbert Smith for work done at 43, Moorgate Street. The bundle of 115 cheques handed to me contains a number payable to my father and brother, who both worked for Perryman. I believe Perryman has paid me in respect of work done on Chalmers and Cox circulars—I cannot swear to any circular. I have, often got changed poet-dated cheques for Perryman, which were made payable to me, and handed him the money. He has also on several occasions lent me money by cheque.

LOUISE STRICK , 35, Lisson Grove, widow. I have known Perryman since 1886, and have acted as his private secretary down to about 1902. Harris was Perryman's clerk. Hawkes and Tyler frequently called at the office. From July. 1902, to June, 1905, I lived at Closely Mansions, Cray's Inn Road. I have frequently visited the offices of Herbert Smith, 43, Moorgate Street. I have seen Smith there, and knew him formerly. I have also visited 2, Tokenhouse Buildings, and seen Harris and Perryman there. I told Perryman that I was looking for lodgers, and he asked me if I would take in any letters or parcels for H.K. Ablett. I agreed to do so.

Cross-examined by Sir C. Mathews. I do not remember if it was Harris first mentioned Ablett's name—he was in the office at the

time. This was about 1905 or 1906. I frequently went to the office between 1902 and 1905.

(Wednesday, October 30.)

ERNEST JOHN DORNER , clerk at London City and Midland Bank, Fenchurch Street, identified from a photograph Herbert Smith as a customer of the bank, and produced a copy of his account from the beginning of May. 1902. The account was originally opened in 1882 and continued open until April, 1888, when Herbert Smith became bankrupt, but the bank was not apprised of that fact. The account was opened again in 1889 and continued alive until 1904. Witness also produced a statement of the payments out and payments in.

HENRY ARTHUR SMITH , clerk at the London Trading Bank, Lombard Street, produced a copy of the account of Henry King Ablett commencing July 3, 1906, and continuing till May 26, 1906, that being the date of the last operation upon it. The address given by Ablett was Clovelly Mansions, Gray's Inn Road. Witness also produced copies of the payments in and payments out.

ROBERT EDWARD KIELEY , assistant cashier, London and Joint Stock Bank, produced a copy of the account opened on October 5, 1903, in the name of Herbert Smith. (Witness produced the signature book which the prosecution allege was signed by Harris.) Smith described himself as a newspaper proprietor, of 43, Moorgate Street.

(The above three witnesses were cross-examined by Mr. Marshall Hall as to the proportion of payments out by cheques passing through the Clearing House, to payments out in cash, with a view to showing that the account was consistent with the transaction of genuine business.)

MR. KIELEY , re-examined. I have supplied to the defendants figures of payments in showing the notes as distinct from the cheques. I have not been asked by defendants to supply the identification numbers of notes paid to credit. We have got them in our books.

RICHARD EDWARD CAREY , clerk to Schultz, Comings and Co., chartered accountants, 50, Cannon Street. Mr. Comins is liquidator of the Economic Bank, and the books are in his possession. (Witness produced copy of the account opened in the name of Henry Keith Ablett, showing total credits £212 10s.) I have the signature book, which shows "H.K. Ablett" as the form of signature. I could not say that the signature "H. Smith" in Exhibit 228a is in the same writing. (Tracing of signatures in the accounts of the London Trading Bank were put to witness.) I should say the signature "H.K. Ablett" here was the same as in our book. (Copy of account of Alex, Robert Fraser was proved by witness, containing a number of payments to "Parkinson, Argus," a great number to Harris, and one to Martin on October 31, £110; on to Long on October 7, £50. (Signature of "A.R. Fraser" in signature book was identified by witness, who said that some lithographed signatures on some circulars were apparently the same.) I prepared a portion of the particulars of payments out from the account from the books of the bank, which is correct.

Cross-examined by Mr. Leycester. I cannot say whether the Economic Bank was a non-clearing bank.

H.A. SMITH , recalled. I have made tracings of the signatures of Chalmers and Cox and of H.K. Ablett (same produced). (Mr. Leycester said he did not deny that the writing in the signatures of Ablett and Herbert Smith was that of Harris.)

ROBERT EDWARD KIELEY , recalled, produced certain figures he had taken out in regard to the London Joint Stock Bank, showing £1,506 15s. 1d. paid over counter, £13 6s. 7d. bank's charges, cheques paid through clearing banks £11,519 5s. 7d.

FREDERICK BRADBROOK SEYMOUR , clerk to the Middlesex Banking Company. 89, Leadenhall Street, produced a certified copy from the bank books of the account of George Martin. He identified George Martin as prisoner Harris. The account was opened on April 9, 1906, and last operated on on May 17, 1907. Martin's address was 2, Tokenhouse Buildings. The account showed cheques drawn to Perryman £15 12s. 6d. and £15 10s. on August 31, 1906; also cheques to Bleach in December, 1906. There was a cheque of Mr. Lever £10, April 23, 1906, paid into the account. There was also an account kept at his bank in the name of W. Tyler and Co., Pinner's Hall, opened on October 15, 1906. (Witness produced certified copy of the account, showing numbers of notes, where cheques were cashed over the counter, drawn by W. Tylet and Co., also the details of payments into gold, etc.) The account was last operated on on May 27, 1907, the date on which Tyler was arrested. The balance £33 was taken by the bank for charges. There were a great many cheques drawn on the account which were cashed into notes or gold. Cheques from Mrs. Pittet £15, and Mr. Read £100, were paid into the account on October 24, 1906, and April 16 respectively; also a cheque for £50 drawn by Read on April 22. Defendant Tyler was the person who had that account.

To Mr. Marshall Hall. I do not know Perryman.

Cross-examined by Mr. F.E. Smith. No one operated on the account except Tyler. Ours is a non-clearing bank. The cheque for £100 on April 16 would take about two days to clear, the £50 one, was a country cheque; it would take about three days.

HENRY LISTER BASS , clerk to London City and Midland Bank, Queen Victoria Street, produced certified copy of account of Perryman, beginning May 1, 1902, down to June 30, 1907, and giving numbers of notes where credits were in notes, also particulars where credits were in coin. There was also another account for a short time.

Cross-examined by Mr. Marshall Hall. I could not tell you how long the account has been opened; this is only an extract; I believe it has been opened a good many years.

To Mr. F.E. Smith. I did not know Tyler.

Miss LUCIA SOPHIA GRITTITHS , White House, East Thorpe, Kelvedon, Essex. In January this year I got a circular like the one produced, which I read through, and believed the statements therein. I sent £5 in response, I think. I received letter (produced) from William

Tyler and Co., acknowledging £5 as deposit on the purchase of five Rio Tin to shares, and enclosing contract for same. The contract was: "We sell you on our usual terms five Rio Tin to shares at 93 1/4. I received the letter of February 5 from William Tyler and Co., saying that owing to a set-back in the market yesterday the cover became exhausted, and that it would be necessary to send another £5 to make 2 per cent, cover, etc. I next had a letter saying they had had no reply from me, and presuming I did not wish to continue the shares, enclosing contract. I replied, saying that I did not feel I could risk another £5, etc. I then received another letter from them advising me to send further money for the purpose of a fresh speculation. I sent them £10 more, which they acknowledged as being £5 on 2 percent, cover on purchase of Brighton "A's," and £5 deposit on Rio Tintos, also sending contracts at the day's prices. On February 21 I received another letter saying that, regarding Brighton "As my cover had been exhausted, and presuming I wished to continue had debited the Rio Tinto's, which had risen, with the £5 necessary to continue. I am not sure what I replied to that, but I got a further letter as follows: "With regard to Rio Tintos which you have opened, we shall be glad if you will let us know whether you will leave the closing in our hands. If you decide to leave it to us you might rely upon us doing he best for you in the matter." My answer was: "I will leave the closing in your hands; hoping you will do full justice to me. You do not mention the Brighton 'A.' Is it quite gone?" Further correspondence took place, in the course of which they asked for £4 7s. 6d. in order to keep my interest going. I replied, "I am unable to forward another sum of £4 7s. 6d. at present. Would it be possible therefore to retain the Rio Tintos even if I forego the Brighton 'A,' or must I close up both accounts?" The account (produced) I received from Tyler and Co., showing a balance in my favour of 12s. 6d. I had not heard about contango before that account; I do not know what it arena. They wrote me again saying that unless I was prepared to pay the difference due they would have to close; and I wrote telling them to do so. They acknowledged, and said they had closed my account; afterwards sending me their account, giving the purchases and prices, and showing amount necessary to balance £41 5s. I sent them £3 as instalment, saying I would send another £9 in a few days. On March 25 I had another letter from them asking for a further remittance as they had a heavy account to deal with. The acknowledgments (produced) are from Tyler and Co. for £3 15s., for 30s., March 28. and £20 on April 9, making the amount paid up £25 5s. I think that was the last I sent I got another letter on May 29 asking for more, but that is all I could manage. Some little time later I saw something in the newspapers, and did not think it wise to send more. I remember getting a circular (produced) from the "Financial Guardian" last year, in consequence of which I sent £5 deposit on the purchase of five Rio Tintos, which was acknowledged the letter (produced). I never got anything back from the "Financial Guardian." When I got the

circulars from William Tyler and Co. I had not any knowledge of what they were, but I thought it was a proper place; that they would do what they professed to do. I had no idea they were connected with the "Financial Guardian."

Cross-examined by Mr. F.E. Smith. I had had no other experience on the Stock Exchange. I read the whole of the circular of October 13 through, and I thought I was actually buying the shares I thought I was getting the value of them for my £5, and thought I was buying five shares at a value of about 98; but I suppose I was making a mistake. I did not ask at any time what the actual value was. I thought I understood the circular, but evidently I did not. It said something about the shares rising and failing. I knew when I sent the money that my liability was to be limited to the £1 per share deposit. I think I pencilled notes of my replies to letters, without actually keeping copies. (Mr. F.E. Smith put several letters to witness with a view to showing that she was wrong in her dates, and varied her notes in the actual letters sent.) I was willing that the loss on the Brighton "A" should be covered by the rise in the Tintos. When Tyler and Co. asked me to leave the matter to their discretion I suppose I understood that I was taking the chance of whether the shares rose or fell. I was willing at that time to leave it to their discretion, and to go beyond the original risk—I believe so. I knew that if I had not varied the original arrangement there would have been no more money due.

Mrs. JULIA HENRIETTA PITTET , Frederica Road, Chingford, widow, said she had received a circular on October 24 from William Tyler and Co. She had never bought any stocks or shares before, but on reading the circular, which she thought she understood, she determined to send some money for some Rio Tinto shares, and sent cheque for £15. Later on witness received a letter (October 29) advisinga her to increase her interest as the shares were almost sure to improve, etc., but she did not send any more money. A further circular was sent her, dated November 7, in which the United States Steel Corporation was mentioned, and setting forth the great advantages of securing an interest therein. Witness read this through, but told them they must settle the account for the Rio Tintos before she sent more money. She wrote on January 7 this year requesting a settlement, but got nothing. In consequence of what witness saw in the newspapers she wrote closing the stock, but got no answer. About a fortnight later she wrote again, having obtained advice, and told them they (Tyler and Co.) were only a bucket shop and did no business. No reply was obtained. I had no other communication with Tyler and Co. I have had back no part of my £15. I consulted a friend, a Mr. Thomas Clay, with reference to this matter.

Cross-examined by Mr. F.E. Smith. I had had no previous dealings in stocks. Some shares have been taken for me by friends. I knew of the transactions, but I understand, being a foreigner, that shares are a different thing from stock. I have had dealings in Industrial shares. When I was in Croydon I took shares in a company,

Williams and Wilcocks. I have not indulged in a little speculation from time to time. I did invest in Meters, Limited. That is what you rail Industrial shares. I arranged that for myself. I knew by this time how to do it. When I first started I did not know Williams and Wilcocks was earlier in date than my investment with Tyler. What I mean is that I do not understand about stock on the Stock Exchange; shares are a very different thing. When I received the circulars from Tylers I did not know it was a "bucket" shop, or I should not have sent the money. With shares I know you get your dividend quarterly or half yearly, or yearly, but with the Exchange it is a very different matter, and I understand that dealing with a "bucket" shop is a very risky thing. I knew that on the Stock Exchange you get your money very soon, but I do not think I knew that if I dealt with a firm that was not on the Stock Exchange that was a "bucket" shop. When I entered into this deal with Tyler I did not think I was making an investment in Industrial shares. I knew it was a speculation in differences. I looked at the prospectus, which tells you it is perfectly safe and you never lose anything.

Mr. F.E. Smith. But, you remember, the statement about not losing anything is qualified by the words, "should the quotation remain the same." You took it with a grain of salt, did not you, with your experience.

Witness. I knew I should not keep the holding long. I know, of course, that £1 would not buy a £97 share, and I knew I was having, a deal in differences which might turn out well or might turn out badly; at the same time, I saw on the papers it was very likely to be a good thing. I thought from the prospectus it would turn out well. I would not, of course, have given any money for nothing. Assuming that I would be paid. I was perfectly prepared to have a gamble. I suppose that would be the object everybody bets on the Stock Exchange. I did not think I was only gambling in differences because I was to have a dividend on my money as well. I supposed that stock dealers would have the stock if they wanted to sell it. If they were going to pay a dividend they must have it. I understood from the circular that "should the quotation remain the same". I should make this profit, and that if, on the other hand, the quotation fell I was exposed to risk. As to whether I understood the principle on which this speculation was based, I understood that as soon as the dividend was paid I would claim it, and I knew it was only a few days before I could claim it. I expected Tylers to settle when it would be paid; they did not do anything at all.

Re examined. I considered I was entitled to the dividend and to the additional profit of the rise on the strength of the following passage in the circular: "Investors will see that by buying at once they are making an absolute certainty, should the quotation remain the same, to receive a dividend two and a half times as much as their deposit. More than the amount of the dividend will in all probability be gained by an investment now, for every advance in the quotation makes a further profit for the buyer, who is at the same

time protected from any loss or liability over the original deposit of £1 per share." I wrote to close the transaction when a profit was shown and could get no answer.

THOMAS EDWARD HENRY CLAY , Bank House, Chingford. The last witness spoke to me about Tyler and Co., and in the beginning of 1907 I called on them at Pinner's Hall a good many times. Twice when I went there was somebody there; at other times the place was locked. I usually went about half past five. Afterwards went between two and three, and found a young lady, whom I took to be a typist. I tried several times to find Tyler. There was no sign of business, no books, or papers. I afterwards wrote to him about Mrs. Pittet's business, and received a reply, dated February 25, to the effect that the matter would be looked into. I wrote again on March 4 and got this answer. "We are in receipt of your favour of yesterday's date, and in reply beg to say we have looked into Mrs. Pittet's account and find we had 15 Rio Tinto shares open for her, which were closed last November as per instructions, when they were quoted ex div. We also note that we have not settled with her, but apparently the matter has been overlooked. We will make up the account and forward it to her next pay day." That was the last I heard from Wm. Tyler and Co.

Cross-examined by Mr. F.E. Smith: I never went into the inner office. I did not go beyond the counter. I have an idea there was a copying press Share.

EDITH M.T. BUTCHER . I live at the Chestnuts, Footstone, with my husband. I received a circular, dated February 14, 1906, headed "Canadian Pacific Bonus," and dealing with an issue of Canadian Pacific shares. Believing the statements in the circular, I filled in an application form, enclosed a cheque for £150, being at the rate of 3 per cent, on £5,000 nominal stock, and sent it to the "Financial Guardian." The circular was signed "H.K. Alblett," and in due course I received a contract note. Correspondence followed. I was under the impression that after the stock was ex div. my account was still in credit. On April 26 I went to Tokenhouse Buildings, where I saw a person I now recognise as the prisoner Harris. I asked, if Mr. Ablett was in. He said "No, he is out of town." I asked when he would be in, and Harris replied that ha would be back on Monday, it being then Thursday. I said I did not know whether I should call again, and I came away. I gave him my name. I do not recollect that he asked any other question. The same day I consulted my solicitor, Mr. Hall. I never got back any part of the £150. A writ was issued, but Mr. Ablett was said to be in Paris, and Mr. Hall did not think it worth while to continue the action.

Cross-examined by Mr. Leycester. I had had no experience of Stock Exchange transactions. I have never invested money. I know that when people invest money they get certificates for their shares or bonds. I understood these shares ware held on the cover system, 3 per cent cover being deposited. If the shares had dropped in value more than 3 per cent. I should, of course, have lost my money.

but they did not drop. As to the bonus, I suppose these people had information. I did not know whether it was secret or not. I thought I was to have the bonus. I thought on the circular I was entitled to it. I thought I was to have both the dividend and the bonus. I never considered whether those payments would affect the price of the shares. I did not at the time know when the dividend was due, but I thought it would be paid soon. The circular is very misleading. I thought the bonus was a thing that was paid every year. As to whether I thought there was a possibility of my losing my money, I am afraid I did not understand very much about it then.

(Thursday, October 31.)

PERCY HEDLEY HALL . Examined by Mr. Bodkin. I am a solicitor, a member of the firm of Cooper, Walker, and Hall, 7, Birchin Line. Towards the end of April. 1906, I was consulted by Mrs. Butcher in reference to the "Financial Guardian," and on her instructions wrote a letter to Ablett (Exhibit 73). The next day I got Exhibit 74 in reply. I wrote another letter, stating that the cover had pot run of as they had said. Before writing that letter I had carefully looked through the official list with regard to Canadian Pacific stock. In answer to that I got Exhibit 76. I wrote another letter offering to take up the stock less the amounts paid or take £150 in settlement I got no reply and commenced an action against Ablett, claiming the return of £150, or, in the alternative, £150 damages for breach of contract. I was not able to effect service, and an order was made for substituted service, and I sent a writ with a copy of the order by post to Ablett. In reply I got a letter signed "George Martin," initialed "J.R.," stating Ablett had nothing to do with the business and had gone abroad without leaving his address. (Exhibit 81.) The documents were returned. After that I advised my client not to waste any more money over it, and the action was abandoned altogether. I have not received any part of the £150.

Cross-examined by Mr. Wellesley Orr. When Mrs. Butcher consulted me she brought me a circular. I saw it was the usual cover transaction. I think my information that the cover had not run off came from the daily paper. I know the daily paper only gives the closing quotations. A different price might have ruled in the middle of the day. I did not take in the "Financial News" and I did not have a tape, and consequently I looked at the "Daily Telegraph" to verify what Mrs. Butcher told me. I called at Abletts office twice and found the typewriter girl there. I could get nothing out of her, and. therefore, I wrote. The second time I called she said, "It will be all right; Mr. Ablett will attend to it." She did not seem to understand much about it and treated me in an offhand way. The claim for "breach of contract" was a formal thing. In issuing Mayor's Court summonses we have to comply with the usual regulations.

FREDERICK REED , Elmcroft, Bedfont, no occupation. In April this year I received circulars 16 and 17 from W. Tyler and Co., pointing out the advantages of buying at once shares in Rio Tinto. I determined to buy 100 shares and sent a cheque for £100 to Tyler and Co., filling up the yellow application form as directed. That cheque has been paid by my bankers. In reply I got letter No. 18, and a volume giving the history of the Rio Tinto Mine. I also got the contract for the sale of the 100 shares. (Exhibit 19.) I was an invalid and did not read the terms of business on the back. I posted the letter, enclosing the cheque, before the last post for London, which goes out between seven and eight. I had crossed the cheque. I got a letter from Tyler and Co., dated April 18 (Exhibit 21), and determined to buy 400 more Rio Tinto shares. On April 20 I forwarded two cheques to W. Tyler and Co., one for. £50, which I crossed, and another for £350, which was uncrossed. Both have been paid by my bankers. I got back Exhibit 23, dated April 22, and on the 24th or 25th I got Exhibit 24, which is dated April 24, which latter refers to the fact that my letter enclosing the two cheques did not reach them till the Monday morning. I received a contract for the Rio Tinto shares, dated April 23, selling to me 400 Rio Tintos at 92 3/4 cum. dividend for the end April account. On the back there are some conditions printed, but I did not read them. It is very unusual for any contract note sent by a broker to bear any conditions at all. I watched the quotations in the financial papers and then wrote to Tyler and Co. I said I considered Rio Tintos were rising up to the time that the dividend was payable. I noticed that from the tape quotations. I received Exhibit 28, stating the cover had run off on the 24th. I received no other letters from Tyler and Co. I came up to London on April 29 with the intention of going to Tyler and Co.'s, but went somewhere else, and, in consequence of what I heard there, instead of going to Tyler's I went to my solicitor's and afterwards to the Guildhall Police Court. At the time I received their circular I believed Tyler and Co. to be dealers in Stock Exchange securities, but not that they were members of the Stock Exchange. In parting with my money I understood I was giving £1 cover for every £100 of stock, and that would cover the number of shares I purchased from Tyler, and that the control of those shares would give me the right to the dividend that was approaching quickly. I was going to Tyler and Co. with reference to the payment of those dividends.

Cross-examined by Mr. F. E. Smith. I did not consider I was running any risk. I thought the real question was the payment of the £3 dividend on the 30th. I thought I was certain to get the dividend and make more than I had invested. After the payment of the dividend I thought the shares would rise to their original value. The dividend did not come from Tyler and Co., but from the company. It was no speculation because the dividend had already been declared. I did not contemplate the shares falling more than the £3 a share, which was the dividend. I should only have drawn for

the £3 dividend, and then if I wanted to carry it on to another account I should have arranged to pay the contango. If I did not like to pay the contango I should have sold, and if the shares had fallen 10 points I should have lost. I understood that if the quotation fell I point Tyler and Co. could close the contract unless I deposited fresh cover, but I was entitled to have their advice on the point. Except as regards the dividend, if the market fell, subject to the question of advice, I should not have a grievance against them. I thought I was buying the shares and not making a bet on "differences," because I was working for the dividend. I did not read the "terms of business" on the back of the contract. I was an invalid and did not take the trouble to read them. I considered I was buying the shares or else how could I obtain the dividend? Unless those shares were bought no dividend could have existed. Contracts are read on the face of the contracts. If I had read term 3, "It is fully understood that the stock or shares represented by this contract will sot be taken up or paid for by either party," I should still have thought I was buying the shares because the original circular sent me was the guiding thing. Possibly, if I had read term 5 I should have known what Tyler and Co. were claiming to have the right to do under the contract. I received a letter from them on April 25 stating my cover had become exhausted. I did not consider that if the cover was exhausted the dividend was lost, too. The market had risen. On one letter of theirs I wrote in red ink, "Returned, as the contents are untrue." I meant it was untrue that the quotation had fallen. I cannot say from memory on what days their statements were false as to the quotation. I followed the course of the market in the shares each day with exact care.

Re-examined. "An absolutely secured and certain dividend" is in large type on the circular, and I understood it was so. There are also the words, "There is no liability at all above the amount of deposit, and there is no question but that the above dividend will be paid. This dividend is not a speculation." That is in large type, and that is what I understood. I saw the words in large type, "Our clients' interests and our own are identical," and thought they were probably a very good firm. The circular says, "We advise our clients as to the exact position of the market and what they should do in order to retain their previous interest," and thought it very likely they would send me a letter to that effect.

JOSEPH SEARLE , cashier at the London Joint Stock Bank, Pall Mall. Exhibit 22, a cheque by Mr. Reed for £350 was cashed by me on April 24 across the counter into six £50 notes and £50 in gold. The numbers of the notes were 97427 to 97432. I think it was cashed a few minutes part one. A man named Harris brought it to the bank to be cashed. I recognised him in King's Arms Yard, the Old Jewry Police Office, and told Inspector Ottaway that he was the man. I afterwards recognised him in the police court. The cheque being for a large amount I asked him what the payees were, and he said they were brokers. I asked him if he was one of the firm, and he said

be was simply a clerk. The cheque was properly endorsed and all in order, and I could not refuse to pay it.

Cross-examined by Mr. F. E. Smith. I do not know the time the cheque for £100, dated April 19, was presented. The Middlesex Banking Company, through whom it was paid, is not a clearing house bank; it would come through the Metropolitan Bank. It was drawn on the 15th and paid on the 17th. Probably it would have got to the Middlesex (Bank on the 16th and be presented by them to the London Joint Stock Bank on the 17th. The proceeds would get back to the Middlesex Bank on the same day, the 17th. Assuming the cheque got to us about 12 o'clock, it might have got to the Middlesex Bank directly after they received it if it came by post. They would pay it into the Middlesex Bank at 10 or 11 o'clock. With regard to all the Middlesex Bank cheques which are held by the Metropolitan, directly they are cleared in the hands of the Metropolitan the Metropolitan would communicate to the Middlesex that their balance is so and so. At the close of business on the 17th they would know everything was paid.

Cross-examined by Mr. W. Wellesley Orr. When Harris said they were "brokers" I gather he meant stockbrokers. I am sure he said he was a clerk and that he was not a partner in the firm.

JOSEPH PERCIVAL HUDSON , clerk in the Bank Note Department of the Bank of England. I produce six £50 bank notes, 97427 to 97432. No. 97431 bears the stamp of the Finsbury Pavement Post Office. On the back of Nos. 97428-9-30 there is the endorsement "W. Tyler, 54, Old Broad Street, E. C." These notes were cashed at the Bank of England into gold, 97,428 on April 24 and 97,429-30 on April 26. The handwriting of the three endorsements is, in my judgment, the same. No. 97432, endorsed "W. Tyler," was cashed into gold on April 25. The handwriting is different. When a note is cashed into gold at the Bank of England it is usual to ask the person to endorse it, or one of a series cashed at the same time.

EDWARD JONES TRUSTRAM , solicitor, 61, Cheapside. Mr. Reed consulted me on April 30 this year year, and in consequence of what he said I made several visits to Tyler's office, Pinner's Hall, on April 30, May 2, May 3, and May 10. I went three times on April 30. The first time the office was shut up with a note pinned on the door, "Back at 2.15." I went and had lunch and went back again and saw Miss Louis. I waited some time and then came back again later in the afternoon. I asked to see Tyler, and the reply was that he might come in at any minute or he might not be there again that day; it was very uncertain. I told the lady what I had called about and wrote my name down for her and what I wanted, and showed her the letters. On May 2 I called about 10.25 am. I tried the door and it was locked. I made a noise on the outside but did not get any answer, so I left. On May 3 and May 10 the same thing occurred. I was never able to see Tyler. I represented the prosecution at the very commencement as solicitor for Mr. Reed. I got possession from Inspector Ottaway of a press letter copybook of W.

Tyler and Co, of the dates January lo April, 1907, and went through it page by page, and found what purported to be press copies of a number of selling and closing contracts. In the opening contracts the prices are not filled in at the same time as the typewritten form is filled up. For the most part they are filled in in ink. The closing contracts appear to be filled in by the typist on the machine all at the same time. The press copy of the opening contracts is typewritten in typewriting copying ink, but the prices at which Tyler's sell are filled in in ink or coloured pencil, with about six exceptions. There were 63 contracts. In five the price was blank; six appeared to have been filled up at the same time; 46 were filled up in ink afterwards; and in six the type is altered or it is typed in at a different time, as it appears to me. With regard to the closing contracts, there are about three or four cases where the price was not filled in at the same time, out of about 60.

Cross-examined by Mr. F. E. Smith. I went six times to Tyler's office. The longest time I stayed was 20 minutes, when I was talking to Miss Latus about the £500 my client had lost. I went there at 10.25 on all three days, and at 2.50 and 3.45 as well on the first day. The closing contracts are filled in in type. I did not advertise for persons who wished to bring claims against Tyler.

JOHN THOMAS LEVER , surveyor, Witham, Essex. About February 20 last year I received a circular (Exhibit 82) signed George Martin, purporting to be from the "Financial Guardian, Share Department," of which George Martin was the manage. It recommends the purchase of Canadian Pacific shares and states that the purchase of the shares would carry a bonus of about £16 a share. I wrote letter 83, and afterwards letter 84, with a cheque for £30 to George Martin, which was endorsed "George Martin" and paid by my bank. I got Exhibits 85 and 86, the contract showing "£1,000 Canadian Pacific stock at 175 1/2 cum bonus. (Signed) George Martin. Cover deposit £30, 3 per cent. Cash received." And then there is added, "With limited liability." Account No. 88 it headed, "Account end of March. J. T. Lever in account with George Martin," and shows that I, holding £1,755 value of fifty Canadian Pacifies, and charged contango on that amount at 5 per cent, per annum for 13 days, coming to £3 2s. 6d. Exhibit 89 is the cheque I paid that account with. I received Exhibit 90 and afterwards called at 2, Tokenhouse Buildings and asked for Mr. Martin. Harris came forward and said, "He is not here." He did not think he would be in all day. I said I had come purposely to see him and wanted to settle my account. He said. "He is in Manchester; you cannot see him." He promised me a settlement for next settling day. Canadian Pacific stock was higher than that at which I purchased it. From the first moment I had bought it it had not gone down at all; it had gone up. When I said I wanted to settle my account I meant I wanted to close it I said there and then, "Harris, I would like to close at once. I would like to close the stock at once," or something of that sort. I believe I said, "The stock shows a good

profit; it is well up; close it at once." He agreed to close. I saw a couple of girls also in the office. I do not think they were doing anything. One of them was rather a rude young lady—the one examined here the other day. It was early in the morning I paid my visit. I went back to Witham, and next morning received letter 91 signed "George Martin" dated April 19, 1906. Contract 92 was enclosed, showing that the "Financial Guardian" Share Department bought from me under-noted shares to close Canadian Pacific £1,000 stock 177 7/8 cum. bonus, I having bought at 175 1/2. I got no cheque or remittance. I then wrote 93 and got answer 94. Letter 93 pointed out that the papers said 183 1/2. I got my price from the "Daily Telegraph." On April 21 I got a circular from the "Financial Guardian" about Rio Tintos. I sent cheque No. 96 for £10 for 10 Rio Tintos, which was paid by my bank. I got an acknowledgment and a contract for the shares at 65 7/8. I had had nothing on account of Canadian Pacific's and wrote letter 99, and got letter 100. The next pay day would be somewhere about May 12. I went up to 2, Tokenhouse Buildings and asked for Martin, and Harris said he was not in town. I told him I wanted a settlement of my account. Harris said I might expect a settlement for certain the next pay day. He said they had been hit very hard and had lost about £2,000 and same of their clients were pressing them hardly. I waited till July 6, when I wrote letter 101, to which I got no reply. I waited again a long time and then called at the office, about three times altogether, and saw Harris. He said something to the same effect as before. Then I wrote letter 102 on October 27, and, not getting any reply; I gave my solicitor instructions in the matter. I never had any part of the money. My solicitor took proceedings on my behalf. When I parted with my money, having read she circular, I thought the "Financial Guardian" was a paper; I did not know they were bucket-shop people. From first to last I was not able to see Mr. George Martin.

Crocs-examined by Mr. Wellesley Orr. I did not understand this was a speculation or a cover transaction. I did not expect to get the scrip, but I would much rather have taken up the shares than lose too money. I was prepared to find the value of the shares. I disputed the price at the time of closing the shares, but I was claiming the difference shown upon the contracts. The amount of the profit was put down at £118 15s. That was done by my solicitors. I was not angry when I did not get any satisfactory reply in April, but I could not think they were treating me fairly. I was a double fool to invest with them again. I did not know whether Rio Tintos have gone steadily up or not. It was a bad investment for me. I have not got the money. If they had given me £40 I would have been delighted, but they would not pay anything, and they never have paid anything.

FREDERICK LEWIS , managing clerk to W. B. Glasier, Essex Street, Strand, solicitor. On instructions of Livesey I issued writ against George Martin, "Financial Guardian," 2, Tokenhouse Buildings, to

recover £148 15s., being £118 15s. profit upon 50 Canadian Pacific shares and £30 amount paid as deposit. An appearance was entered Minton, Slater, and Co., for the defendant, and an affidavit (produced) of George Martin, denying liability, was filed. The claim was based upon contract notes of the defendant, showing that the 50 shares were bought at 175 1/2 and sold at 177 7/8, being £2 7s. 6d. profit on each of the 50 shares—£118 15s., together with £30 deposit. The action was put in the Short Cause List before Sutton, J. Counsel appeared for defendant, and we obtained judgment, with costs, amounting to about £44. We got no money, and within a fortnight of the judgment the defendants were arrested. Notice of appeal was given, but was never entered.

Cross-examined by Mr. Orr. The plaintiff did not state that the transaction was a gaming one.

ALICE RUDOLPHINE D'ALTERA , 12, Waverley Road, Folkestone. In December, 1905, I received circular (produced) from Financial Guardian and Mining Market Mirror, Share Department, offering Golden Rhodesians. I did not purchase. I afterwards got circular (produced) signed "H. K. Ablett," offering Canadian Pacific shares, and on February 16,1906, I sent cheque (produced) for £30, which is endorsed by "H. K. Ablett," and has been honoured. I received contract note showing that 50 shares had been purchased for me at 176 5/8. On March 1 I received letter (produced), and on March 2 sent another £30 as further cover. I afterwards sent a bundle of cheques (produced) for small amounts for contango amounting to £61 in response to fortnightly accounts (produced), signed "H. K. Ablett." I wrote for the money several times, and on March 4, 1907, I received letter (produced) from George Martin, stating that Mr. H. K. Ablett had been away some time, and he would try to get into communication with him. On March 25 I received letter and account (produced) showing a debit balance against me of £21 0s. 3d. The account shows a charge for 167 days contango from October 11 to March 27 amounting to £54 15s. 3d. I replied, and on March 27 I received a letter signed by "H. K. Ablett," stating that I had been credited with bonus to the extent of £110, and the account would be made up later. I received nothing from the "Financial Guardian." I thought it was a genuine firm.

Cross-examined by Mr. Wellesley Orr. I believed that I was buying the shares with the £30, and that according to the circular "there was no further liability." I sent the second £30 because I thought it was needed to keep them going. I did not know the market price of the shares. I do not know what "taking up a share" means. I did not write that I had already bought the shares and there was nothing more to pay. I have not taken legal proceedings. I intended to do so, and I believe I said so in the last letter I wrote.

WILLIAM THOMAS MOORE , clerk, Filing Department, Royal Courts of Justice. I produce affidavit of George Harris, sworn for the defendant on August 9, 1904, in Leslie v. Smith; affidavit of George

Harris, August 9, in Ashworth v. Smith; affidavit of George Martin of October 13, 1906, in Beet v. "Financial Guardian"; affidavit of George Martin in Innes v. "Financial Guardian," filed October 30, 1906; affidavit of George Martin of November 24, 1906, in Mellhuish v. "Financial Guardian."

Detective-inspector JOHN PTTAWAY , City, On May 9, 1907, I kept observation on 16, Great St. Helen's, saw Tyler leave, and followed him to W. Tyler and Co.'s office, Pinner's Hall. I went in and saw Claire Latus in the outer office, the door to the inner room being open, I said, "I have called on behalf of Madame Pittet, of Chingford. I want to see one of the principals." She said, "Mr. Tyler is not in." I said, "Can you tell me when he will be in?" She said, "No, he it in and out all day. Madame Pittet had better write." I said, "Madam Pittet is tired of writing, that is the reason I called. I will come back later." I kept observation on the office, and two or three minutes later Tyler came out. On May 27 I received warrant for Tyler's arrest, saw him in Tokenhouse Yard, and told him I held a warrant for his arrest for obtaining money by false pretences. I took him to the Chief Office of Police and read the warrant, which related to £15 obtained from Madame Pittet. He said, "They can charge me if they like, but I do not think they can do it." A little later he said, "I know nothing about the business, although I am nominally responsible." I then searched the office at Pinners Hall; Latus and Reece were there. In the outer office were two fixed desks, a stool, a copying press, two packets of headed notepaper, 92 prints of the Rio Tinto mine, a bundle of folded circulars (produced), many hundreds of addressed envelopes, and several lists of investors. There were no books of account whatever. I then went to the office of Gibbs and Tyler, 16, Great St. Helen's. The names up were "Malayian Property Syndicate" and "Malayian Para Rubber Estates, Limited"—not the name of "Gibbs and Tyler." I found a number of cheque books, mostly used, on the Middlesex Bank, signed "William Tyler and Co."; memorandum book containing payments in and out to "George." Pass book of W. Tyler and Co. with the London and Provincial Bank. In the memorandum book was written "7348 Wall," which is the telephone number of the "Financial Guardian." I also found circulars and notepaper of W. Tyler and Co.; press copy letter book of Gibbs and Tyler; cheque for £86 14s. 6d. by W. Tyler and Co. to Perryman. (The witness gave evidence as to the handwriting on a number of cheques.) I then returned to the police-station and saw Tyler. I said, "I have searched your office, but I have failed to find any books of account. I want you to tell me where they are." He said, "If you go to 2, Tokenhouse Buildings and see George Harris he may give you some." I asked for a letter of authority, which he gave me, as follows: "Dear George,—I have been arrested and am going to Moor Lane, Detective Ottaway is coming up to see you."

To Mr. F. E. Smith. I cannot say whether I cautioned Tyler before this—I certainly cautioned him afterwards.

To Mr. Orr. I cautioned Harris after he had pretended to make a search at the office for the books. I went to 2, Tokenhouse Buildings and said to Harris. "Tyler is in custody; he has been arrested upon a charge of obtaining money by false pretences in connection with the business at Pinner's Hall. I understand that you. have some books belonging to him here." I then produced Tyler's letter. Harris said, "I do not think that there are any here." He then went into the private office, came out almost immediately, and looked in a cupboard, and said, "There does not appear to be any here." I said, 'I am not satisfied with the way in which you have searched, you have books here, and I want them before I leave." He them went to the cupboard and produced letter book of Tyler and Co. I said, "How is it that you have got Tyler and Co.'s letter book here." He said, "Tyler brought it up to ask a question on a point of law" I said, "Who is the tenant of these offices?" Harris said, "I do not know, but I think George Martin." He brought four press copy letter books of the "Financial Guardian "out of the cupboard. I knew him as Harris. I then returned to the police office with Tyler's letter book and told Tyler that this was the only book I had obtained from Harris and that I did not recognise the writing a a his or his lady clerk's. I asked him whose writing it was. He said, "I do not know." I said, "It is strange you do not know whose writing this is if this is your business."

To Mr. F. E. Smith. I now recollect that I cautioned Tyler before I went to 2, Tokenhouse Buildings.

To Mr. Bodkin. On May 28 Tyler was brought up before the Alderman, the hearing was adjourned, and by June 11 I received warrant for the arrest of Harris. I found a number of documents at Tyler's house, including those from Smiles. On June 11 I arrested Harris in Lothbury.

To Mr. Orr. I cautioned Harris at 2, Tokenhouse Buildings, when I made inquiries as to the books of Tyler and Co. I did so because I was satisfied he was not speaking the truth.

To Mr. Bodkin. I read the warrant to him. He said, "You have made a great mistake." Later I told him he had been identified as the person who cashed a cheque for £350 on April 24 on the London Joint Stock Bank, Pall Mall, which had been sent to Tyler and Co. He said, "Tyler asked me to cash the cheque, and I afterwards paid him the money." I then went to 2, Tokenhouse Buildings and found a number of books, papers relating to William Tyler and Co., Herbert Smith, Chalmers and Cox, and the "Financial Guardian," and to another bucket shop, "A. M. Noble." On the door was painted "Rand Roodeport Mining Company" and "Gold Coast Property Owners, Limited," and on a piece of paper stuck up at the side of the door was written, "The Financial Guardian and Mining Market Mirror." On the same landing was a room with "C. W. P." on the door, of which the key was in the other office. I found it empty except for a rolled top desk which belonged to the landlord; the place was covered with dust and apparently unused; there were no books.

In the offices I found no account books of any kind—only letter books. I also went to an address given by Harris as his private address at 179, Dames Road, Forest Gate. I there found a postcard and a letter signed "Mabel," which I showed to Harris and said, "I understand these are from a young lady typist of yours?" He said, "Yes—Miss Long." I found writing of Long's in the letter books and Tyler and Co., of the Lombard Financial Corporation and of Herbert Smith. In Tyler and Company's books it is her and Harris's writing only.

(Friday, November 1.)

JOHN OTTAWAY , recalled. On June 27 I had a warrant for the arrest of Perryman. I saw him in Old Jewry, and asked him to go to the police-office there. I read the warrant, which charged him with conspiring with Tyler and Harris to obtain money and valuable securities by false pretences. He said, "Who had the temerity to lay this information." I said "Upon my information the warrant was granted." He said, "A police officer is not a very substantial person to obtain redress from." I searched 2, Tokenhouse Buildings, and found three letter-books containing letters signed by Perryman, letter-books of the "Financial Observer," a bundle of cheques, and files of the "Mining Market Mirror and Mining Herald." Perryman had no other down to June, 1907. I found cheques on his account at the London City and Midland Bank in favour of Bleach; to George Harris, endorsed by Harris; to George Martin, in the handwriting of Perryman; to C. George, endorsed by Harris, and in his handwriting; one cheque drawn to Barnes; a number of cheques payable to Herbert Smith and H. Smith, endorsed in Harris's writing; one to H. Smith, endorsed by Perryman. I found the cheques all together. There were a number of counterfoil paying-in slips in the handwriting of Mabel Long and Harris. The body of some of the cheque is in Mabel Long's handwriting. I also found cheques payable to Hawkes, some endorsed by him and others by Harris; also letter-books of Herbert Smith, containing letters written from 43, Moorgate Street, and 27, Sun Street, many in Perryman's handwriting, and containing a great many accounts in Perryman's handwriting; one letter-book commencing with Herbert Smith, at page 270, is continued in the name of H. K. Ablett, signed by Harris. I found a large number of circulars in the name of William Tyler and Co., H. K. Ablett, G. Martin, Chalmers and Cox, A. M. Noble, and Lombard Financial Corporation (signed by a stamp in the name of A. R. Fraser). I found letter from Mrs. Butcher, addressed to Ablett; green paper memorandum list of customers in Perryman's writing, showing that they had been dealt with by Martin or Ablett, including the name of Mrs. d'Alters, dealt with by Ablett, and Mullins, dealt with by "G. M." (Martin); paying-in book of George Martin with Middlesex Bank, in Harris's writing. Some of the circulars are altered in Perryman's writing. In one of H. Smith's letter-books 30 consecutive pages are in Perryman's writing. There

were also a bundle of receipts to C. W. Perryman, lists of country investors in the Aerated Bread Company and others, invoice of Dalby, Walsh and Co. for supplying same. Rubber stamps "George Martin," "Herbert Smith," "The Rand Roodeport Gold Mining Co.," etc. The signature of "Alexander R. Fraser" in the signature-book of the Economic Bank and upon the circulars is Mabel Long's handwriting.

Cross-examined by Mr. Marshall Hall. I did not search 2, Token-house Buildings after the arrest of Perryman. I have produced all the documents which I think important in this case. At Pinner's Hall I found nothing belonging to Perryman except the furniture. I found on Perryman some cards of 41, Charing Cross Road. He said it was an old address; that he used to live there. I did not search 41, Charing Cross Road, nor did I find any documents relating to it. Excepting in Harris's office I found nothing at 2, Tokenhouse Buildings; there was nothing in the room marked "C. W. P." I found 42 cheque books containing several thousands of cheques. I have only produced one cheque filled up by Mabel Long, dated October 8, 1906, to Allen for £65, and another to Nixon and Arnold of June 18. There may be others. I have only seen postcard and letter of Mabel Long's admitted handwriting. I have been told she is in Calcutta. I did not find at 2, Tokenhouse Buildings thousands of circulars from outside brokers—I found a very few from persons unconnected with the prisoner's businesses; there were, perhaps, half a dozen from Martin, Bull and Co., and Mackenzie. (Witness admitted the payment of several sums to customers, referring to the accounts in Perryman's handwriting.)

Cross-examined by Mr. F. E. Smith. When I called on May 9 at Tyler's office I was not asked my name by Miss Latus. When arrested Tyler did not say, "I am responsible"; he said, "I am nominally responsible." I cautioned him when I was asking him with regard to the account books as to where they were. When I arrested Tyler I found certain testimonials and certificates of character at his address in Great St. Helens. I took possession of these with other papers and have handed them over long ago. I made a schedule of all the documents found upon him, and they will be on the charge sheet. I went afterwards to Tyler's residence in Harvest Road and made an examination of the papers there.

To Mr. Marshall Hall. A bundle of Stock Exchange accounts was found at Tokenhouse Buildings. The majority of them were in the name of Perryman.

WILLIAM THOMAS MOORE , recalled, produced the original affidavit signed "G. Martin" by prisoner Harris in the action of Innes against the "Financial Guardian."

MINTON SLATER , solicitor, practising as Minton Slater and Co., at 9. Wool Exchange. I acted for the defence in the action of Alexander Forrest Harper against the "Financial Guardian," and entered an appearance for Henry King Ablett, who was sued as the "'Financial Guardian' share department." I was instructed by George Harris. I never saw Henry King Ablett. The affidavit (produced)

was, I believe, filed by my clerk, whose name is Mayo. It was prepared on the instructions of Harris. I do not know who swore it It purports to be sworn by H.K. Ablett. I do not know in whose handwriting the signature is. I do not know Harris's hand-writing. I do not know who went with Ablett to have it sworn. Neither I nor my clerk went with him. The ordinary course was not followed in this case. Harris called for it and took it away. The affidavit (produced) is in answer to interrogatories sworn in the same action prepared on the instructions of George Harris. It purports to be sworn by H.K. Ablett, at Budge Row. Neither myself nor my clerk was present. To my knowledge I never saw Mr. Ablett. There was a man at the office I thought was Ablett, and I was told afterwards he had gone away.

Mr. Justice Lawrence. How do you explain that when the affidavit was sworn neither you nor your clerk was present?.

Witness. He gave instructions, and asked to have the affidavit, and said he would get it sworn. I do not think it is unusual for a solicitor to let his client take a document to swear before a Commissioner without either himself or clerk attending with him. I did not know where he lived; his place of residence was left open. I do not think it is unusual for a solicitor to act for a gentleman in an action whom he has never seen at all. If the manager comes I do not always see the proprietor of the business.

Mr. Justice Lawrence. If that is the usual practice I advise you not to follow it in the future. If you do you will certainly get yourself into trouble.

Further examined. I filed the affidavit (produced) in the action of Lever v. the "Financial Guardian." My client in that case was George Harris. I understood that George Martin was at that time proprietor of the "Financial Guardian." I never saw George Martin for the purposes of business. He instructions for that affidavit came from George Harris. The affidavit purports to be sworn by George Martin. I have not had the opportunity of comparing the signature to see whether "George Martin" is in the same handwriting as that of "H.K. Ablett" in the other affidavits. There is a resemblance certainly, though no two letters are alike, but I cannot say they were written by the same person. I have known Perryman about 10 years, and at the time of these actions was conducting business for him. I did not introduce Harris to the Middlesex Bank when he opened an account in the name of George Martin. I gave the name of George Martin as the name of a client. I had not seen George Martin, but I had seen his representative. I did not know at the time that George Martin was George Harris.

Mr. Justice Lawrence directed that all the papers produced by witness should be sent to the Law Society.

ERNEST WYATT , accountant, Godalming branch of the Capital and Counties Bank, produced an extract from the books showing that on March 10, 1903, a £50 note was paid in to the credit of Mrs. M.L.W. Perryman, with an address at Farnborough.

THOMAS PARKINSON , works manager of the Argus Printing Company, recalled, stated that the total amount of work done for Mr. Perryman was £4,500, covering a period from 1895 to 1898, and was in respect of a newspaper called the "Mining Herald." Since then there had still been an account, but smaller. For Fraser the amount of work done was £376 19s. 6d.; for Chalmers and Cox, £345 17s. 4d.; and for Herbert Smith, £931 4s. 7d.; and including Perryman's later account, the total work done was upwards of £6,000.

HERBERT KENYON BRIGHT , clerk at the head office of the London and County Bank, Lombard Street, stated that the head office had from time to time received payments into the account for the credit of the Farnborough branch account of C.W. Perryman from 1903 to 1907. The payments were principally in notes.

HENRY LISTER BASS , recalled, expressed an opinion as to certain manuscript additions and alterations upon circulars and other documents being in the handwriting of Perryman.

WALTER GEORGE BLEACH , recalled, gave evidence as to cheques drawn by Perryman in his favour.

JOSEPH PERCIVAL HUDSON , of the Bank of England Note Department, gave further evidence as to Perryman's dealings with notes given him in payment of cheques over the counter.

WILLIAM CASH , Messrs. Cash and Stone, chartered accountants, 90, Cannon Street. I have had a large experience of accountancy, and particularly in connection with transactions on the Stock Exchange. I have examined the exhibits in the case of Mrs. Butcher, and find she purchased on February 16, 1906, £5,000 Canadian Pacific Stock (250 shares) at 177 1/2 cum bonus. I produce a copy of the "Stock Exchange Weekly Intelligence," which shows that the stock was quoted ex dividend on February 22, the dividend being $3 per share less tax. The letter from Ablett of March I says that the quotation has fallen away entirely owing to the general fall in securities dealt in in New York. I have taken the tape prices in the "Financial News" as issued by the Exchange Telegraph Company. The opening price on March 7 was 173 3/4, to 174 1/4, and on February 28, 175 1/2. The fall between February 16 and February 28 is in part accounted for by the fact that the shares had become ex dividend. A person who had bought cum dividend would be entitled to be credited with the dividend, which would ultimately be collected and handed over to the purchaser. Under these circumstances the three points cover on the transaction would not have run off. I take the date February 28 because the letter from the defendants containing the first intimation that the shares bad fallen is dated March 1. I start from their own date. Mrs. Butcher did not send any more money. The letter signed by Ablett of March 5 asserts that "The price did fall to 173"; also that if the price fell "naturally you would be obliged to have them closed to obviate the necessity of sending more money, in the first place; and, secondly, because you were guaranteed from any further liability." In a letter of April 18 Ablett asserts that the shares were closed in default of continuance to cover

them, and in a subsequent letter he says: "The cover ran off before the Canadian Pacifics were quoted 'ex dividend,'" and "when the dividend was deducted the quotation fell to 174 1/2, the figure at which you ran off. Subsequently, on March 1, they dropped to 175 3/4." They did, as a matter of fact, but that was ex dividend. The stock being 174 1/2 ex dividend, left still three points cover. There is no allegation in the correspondence that the cover had run off before March 1. Messrs. Cooper, Walker, and Hall, Mrs. Butcher's solicitors, wrote to Ablett, asking the price at which and the date on which the cover ran off, and Ablett replied on May 3 that "when the quotation for Canadian Pacifics fell to 174 1/2 the deal ran off, as the cover became exhausted, and on March 6 they fell to 173 1/2." Mrs. Butcher offered to take up the stock, but that offer was not accepted. It is clear that on the dates Ablett mentioned the cover had not run off, if credit is taken for the amount of dividend to which Mrs. Butcher was entitled. In the case of Mrs. D'Altera of the purchase of £1,000 (50 shares) Canadian Pacific Stock, at 176 5/8 cum bonus, she received a letter in precisely the same terms as that addressed to Mrs. Butcher. On March 2 she sent £30 further cover, and from that date onwards was regularly charged contango. When she was asked to produce more cover her cover had not run off. She could have closed at a price which would have left a balance due to her, because she had £60 cover. At the end of May dividend would have been paid. The dividend was paid in April, and allowing two or three weeks for collection, there would have been due to her on my showing a balance of £75. Assuming that they still claimed the right to hold £30 cover, the stock being still open, there would have been a balance due to her then of £45, after charging her with carrying-over. When the new issue was made the shareholders got one share in every five at the price of £160, which was equivalent to a profit of $12 per $100 share. The "Stock Exchange Weekly Official Intelligence" shows the price at which the stock was made up.

Mr. F.K. Smith protested against the admission of the document Mr. Cash was called as an expert accountant, and could not give evidence on a weekly report.

Mr. Justice A.T. Lawrence said he had been informed that the document was usually accepted, but any criticism of it would certainly be looked into Prisoners were representing themselves as having been doing an honest business, and it was only possible to test that by seeing whether, if it had been done honestly, it would have resulted in a credit to the customer.

Witness. If Mrs. D'Altera had closed her account at the end of May and had taken away her cover she would have had to receive about £75, of which she had herself furnished £60. There is no account giving her credit for dividends earned. In the case of Mr. Lever £1,000 Canadian Pacifics were bought at 175 1/2 on March 15. When they were closed he was entitled to a balance, and Harris several times promised a settlement. Ultimately an action was brought and £148 recovered. On April 24 he bought some Rio Tinto shares at 65 7/8 cum dividend. It does not appear that the transaction was closed. There is not material enough to show what should have been done in the case of Mrs. Pittet. In regard to Mr.

Keed's case that was a cheque for £100, sent on April 16. Exhibit 19 shows receipt of that cheque, being 1 per cent, cover on 100 Rio Tinto shares at 88 1/4 cum dividend. (Witness produced figures showing the prices of the shares at different times of the day, showing that 88 1/4 was the highest price of the day.) There were two more cheques sent by Mr. Reed, one £50 April 20 and one £350 posted April 24. The opening price on the 22nd was 90 1/2—91. On April 24 a contract was sent by Tyler's for 400 Rio Tintos at 92 3/4 cum. dividend. That was the price at 11.9, 11.45, and 12.2, and after that the price for buyers fell away, so that on the following morning the cover had run off, 91 3/4 being the opening price—in fact, it had run off at 4.9 on the previous day before the contract was sent off. I should say that the cover on the first 100 shares had run off on April 18, because at 310 on the 18th they fell to 87 1/4 (Witness particularised the rise and fall of the prices at this time, showing that the cover had run off before Mr. Reed purchased his shares. He saw no way in which defendants' figures could be justified.) Mr. Reed lost the whole of his £500 in dealings in Rio Tintos between April 16 and April 24, during which period there was practically a steady rise from 85 1/2 buyers to 94 1/2 buyers.

(Monday, November 4.)

Mr. Muir stated that the witness Mr. Case, who was under examination when the Court last adjourned, had been taken suddenly ill, and read a medical certificate to that effect. The learned counsel further stated that he proposed to complete the other evidence the prosecution had to offer, and then counsel for the defence would elect what course they would ask his Lordship to pursue.

Mr. Marshall Hall stated that he should propose to apply for an adjournment on the ground principally that he should ask that the prosecution called all their evidence before the defendants case was opened.

HENRY LISTER BASS , recalled. (To Mr. Muir.) I have had an opportunity of inspecting the bundle of certificates (Exhibit 204). I recognise Mr. Perryman's handwriting upon a great number of these documents. On page 10 there are some alterations, but I could not state in whose handwriting the bulk of the writing is. That refers to a purchase of Brighton "A" stock. On page 11 there are some more additions in ink—some figures and words. I think they are also in Mr. Perryman's handwriting. On page 12 there are several additions in ink. On page 23 there are four words at the bottom of the page, one word being knocked out. The four lines on the top of page 27 are, I think, in Mr. Perryman's hand-writing. On page 29 there is an alteration at the bottom of the page, some words being struck out and other words written over the top. Page 30 I think is all in Mr. Perryman's handwriting. On page 31 there are three words in the last line in pencil. On page 35, about the centre of the page, there are two lines with some alterations in ink. There are alterations on pages 36 and 58 also in ink, in, I

think, Mr. Perryman's handwriting. On page 59 there are alterations in ink and pencil; also on page 60. On page 70, in the right-hand corner of the bottom of the page, there are three names in pencil. (To Mr. Marshall Hall.) There are 14 pages altogether and 81 pages in the bundle.

Mr. Muir stated that this Exhibit was found at No. 2, Tokenhouse Buildings.

Witness (continuing). Exhibit 217 is a letter purporting to be written by Perryman on notepaper headed, "2, Tokenhouse Buildings, April 23, 1907," to Messrs. Pope and Westlake, offering to sell founders' shares in the Fullers Earth Union at £125 net, for reply by return. Exhibits 219, 220, 223, and 224 are letters relating to the same matter, Exhibit 224 being a cheque with An endorsement on the back in Perrymans own handwriting in hit own name. I do not recognise Exhibit 225 as being in Perrymans handwriting. It is signed "p.p.C.W. Perryman."—"G.H." it looks like. The letter of May 2, with no year appearing on it, but which was this year, 1907, is a letter from Perryman to our bank requesting our bank to hand the bearer of the letter a cheque book and Perryman's pass book. This request was complied with, the bearer of the letter giving a receipt for them. This letter, to the best of my belief, is in the same handwriting as Exhibit No. 225, and it is signed in the name of "C. George." I did not see the person who got that cheque book. "C. George" is in the same writing as "G.H." on the other letter. (To Mr. Justice Lawrence.) The body of this letter is in Perryman's handwriting. (The documents were handed to the Jury.) (To Mr. Muir.) I only know Harris by sight. I have seen him in our bank—the London City and Midland Bank, Queen Victoria Street, where Perryman has his account. I have seen Harris in the bank while I have been at the counter, and I have received credits from him to the credit of Perryman's account. I have not seen him often, as I am not always at the counter; he may have gone to any of the other counters. The credits I received from Harris for Perryman's account were latterly, I should think, in gold, the amounts ranging up-to £100; the greater part of it was new gold invariably.

Mr. Marshall Hall stated that he understood the witness had been recalled on the question of handwriting on certain documents, and he had had no notice of any further evidence.

Cross-examined by Mr. Marshall Hall. I have never seen Perryman write. I have been at the bank 15 years, and I have seen Perryman's signature a lot. While I have been at the bank my only contact with Perryman's writing was the honouring of cheques drawn by himself, and perhaps an occasional letter such as the order for the cheque book, which, of course, I never saw actually written, but which I believe to be in Perryman's writing. With reference to the papers I have picked out, they might correctly be described as "picking needles out of a bundle of hay." In my opinion, they are in the handwriting of Perryman.

Detective-inspector OTTAWAY , recalled. To the best of my belief the writing in these opening contracts—figures being inserted—are in the writing of Harris and Miss Long. In the "Financial Guardian" contracts figures have also been inserted, as in Tyler and Co.'s contracts, after the contract note has been copied; they are apparently written by the same person. I find in the other letter books of Fraser, Herbert Smith, and Chalmers and Cox that figures have been inserted as in the other cases. "Herbert Smith" is amongst these, and "Chalmers and Cox," but I could not speak as to whose writing the figures are in. In my opinion, the handwriting on Exhibit 50 is Miss Longs. That is the account of Miss Griffiths. I find a similar handwriting in Tyler and Co.'s letter book. There is a great similarity between "R" in Exhibit 50, in the name of "Alexander R. Fraser," and in the words "Rio Tinto" in these accounts, which I think are in the handwriting of Miss Long. Exhibit 19 (a bundle of contracts) is an instance of the price being typed out of alignment. Exhibit 25 is an instance of the price being inserted in ink. Although the rest of the document is typed. Nos. 39, 44, and 45 are instances of the price being out of alignment. In 61, 65, 85, 95, and 111 the is inserted in ink. In my opinion, the signature "H. K. Ablett" in No. 111 is Miss Long's, to the best of my belief. The initials are "S. G." or "G. G." Exhibit 225 is a letter in Harris's handwriting; the receipt upon the letter 225 is also in Harris's handwriting, and also "C. George." I found a little black memo. book (Exhibit 109) at 16 and 17, Great St. Helen's, the office of Gibbs and Tyler.

Cross-examined by Mr. Marshall Hall. I have been through the bundle of Stock Exchange accounts produced on Friday, and I find a large number of Perryman's Stock Exchange accounts, carrying-over notes, etc; also some in the name of Herbert Smith. (To Mr. Justice Lawrence.) These were found at No. 2, Tokenhouse Buildings. Mr. Muir stated that subject to the completion of Mr. Cash's evidence that would be the case for the Crown. Mr. Marshall Hall submitted that the defendants' counsel should not be called upon until the evidence for the prosecution was closed.

This submission was supported by counsel for the other prisoners.

(Tuesday, November 5.)

WILLIAM CASH , recalled. I understood his Lordship to say he wished to have the prices from February 16 to February 22, when Canadian Pacifics became ex dividend, and I have the "Financial Times" for the following days. On the 22nd the stock became ex dividend for the first time, and there is a drop of practically 3 points between closing price the night before and the opening price on the 22nd—closing price 177 1/2 and opening price, marked ex dividend, 174 1/2—5. It is rather less than 3 points, so that apart from the drop of 3 points ex dividend the cover had not run off at all. The

lowest previously was 176 to 176 1/2. Exhibits 209 and 178 cover a period from May 1, 1902, to June 30, 1907, of Mr. Perryman's account with the London City and Midland Bank. The total payments into that account during that period were £36,225. The amount for the two years, July, 1902, to June, 1904, was £23,864. There are some quite small balances carried forward included in that figure. In the credits the payments are largely in round figures. I have also examined the account of Herbert Smith with the London City and Midland Bank, Aldgate branch, which covers a period from May 2, 1902, to October 22, 1903. The total payments in were £13,034 17s. 6d. (Table CS 6.) From October 5, 1903. that account was overlapped by an account in the same name with the London Joint Stock Bank, Finsbury. Those two accounts show total payments to the credit of Herbert Smith from May, 1902, to July, 1904, of £26,074 4s. 8d. I have also examined the account of Chalmers and Cox with the London and Trading Bank (Exhibit 216), extending from August 19. 1903, to September 28, 1906. There is very little in the account after January, 1905. The total paid into that account was £2,701 5s. I have also examined the account of H. J. Ablett with the London Trading Bank (164), which begins on July 3, 1905, and the last operation was on May 26, 1906. The total sum paid into the credit of that account was £2,302 5s. I have also examined the account of Henry Keith Ablett with the Economic Bank (164B) from April 5 to April 8, 1905. The amount paid in was £200. I have also examined the account of George Martin with the Middlesex Banking Company (34). commencing on April 9, 1906, and containing till May 17, 1907. The total credits were £2,549 4s. 10d. I have also examined the account of William Tyler and Co. with the Middlesex Banking Company (11) from October 15, 1906, to May 27, 1907, with total credits of £6,836 7s. 7d. I have also examined the account of Alexander Robert Fraser with the Economic Bank. (Mr. Marshall Hall submitted that there was no evidence to connect any of the defendants with the banking account of A. R. Fraser. Mr. Justice A. T. Lawrence. There is quite sufficient evidence to make it admissible at this stage, certainly against some of the defendants. Whether it affects Perryman or notes a matter which I do not express any opinion upon.) A. R. Fraser's account was from February 2, 1903, to November 30, 1904 (226A). Excluding Mr. Perryman's account, the total of the credits to the accounts of Herbert Smith. Chalmers and Cox, Ablett. Martin, Tyler, and the Lombard Corporation (that is, the A. R. Fraser account) amount to £45,762 19s. I have compared those accounts with each other to see if I could trace payments out of one into others, and have tabulated the result of my examination on various exhibits. The first, CS 5, is in the nature of a summary. In CS 5, 1 are given the particulars, the dates and the number of the notes, which were produced to me by Mr. Hudson, which were drawn out of the Herbert Smith account in the London City and Midland, and which appear in Mr. Perryman's account in the sense given on the statement.

To Mr. Marshall Hall. I suggest that the identical notes have been traced out of Smith's account into Perryman's account, by their numbers.

To Mr. Muir. Taking CS 5, with regard to the £1,680 in notes, I find from the exhibit that notes to that amount, the numbers of which are given, were drawn out of Herbert Smiths account with the London City and Midland Bank, and that notes with those numbers were paid into Perryman's account with the London City and Midland Bank to the amount of £1,580. I have traced those notes by their numbers out of the one account and into the other. In the same way I traced notes out of the Smith account with the London Joint Stock Bank, Finsbury, notes to the amount of £190, and by their numbers I traced £150 of those notes into Perryman's account. They are the identical notes. I have seen the notes and the numbers. In the same way I have traced out of Chalmert and Cox's account with the London and Trading Bank notes to the amount of £360 by their numbers, and £285 of that to the account of Perryman at the London City and Midland Bank. Taking one as an example—November 10—you will find in Exhibit 226 that £50 was drawn out in notes, a £20 note and £30 note, from Herbert Smiths account. I have seen those two notes. In Exhibit 209, which is Perryman's account with the London City and Midland, there is a credit on November 10 for £60. Mr. Hudson produced to me the statements from the Bank of England.

Mr. Marshall Hall said there was a missing link with regard to the notes, as Exhibit 212 A did not break up the notes further than October 22. There wers no details with regard to November 10, and what the witness said was not strictly evidence.

Mr. Muir said the only document he had of the credits going into Perryman's account was 178 A, which went from January 4, 1905, to June, 1907.

Mr. Marshall Hall submitted there was no evidence before the Court of the payment into Perryman's account of those notes.

To Mr. Justice Lawrence. In saying that those notes were paid in to Perryman's account I am relying on two things, one, that the bank clerk told me a certain fact, and, two, that on the corresponding date in the Exhibit of Perryman's account I find a credit for a sum at least as large as the item in question.

Mr. Marshall Hall said the bank clerk had stated that notes of corresponding numbers had passed through the London City and Midland Bank, but he could not say they had passed through Perryman's account.

Mr. Justice A. T. Lawrence said that that criticism went to the value of the evidence, and not to its admissibility.

At the request of Sir C. Mathews, his Lordship made the following note of the objection: "Mr. Hall and Sir C. Mathews object to the evidence because the numbers of the notes are not traced into the London City and Midland Bank to the account of Perryman. I rule that the evidence is admissible, but that the objection goes to value."

Down to January 4, 1905, my evidence is not based upon the tracing of the exact numbers into Perryman's account, but I find payments of particular notes out of Smith's account, and that payments of similar or greater amounts are made upon the same day into Perryman's account, and that the notes which came out of Smith's

account went to the Bank of England from the London City and Midland Bank, Queen Victoria Street, upon dates approximating to those payments in. After January, 1905, there are no payments in of notes. Taking the case of H. K. Ablett, George Martin, May, 1906, £55 in notes were traced out by me by their numbers. They were paid in in coin. In Tyler's case I have traced £85, notes, absolutely in and out by numbers. They are marked "L.C. and M., C. W. Perryman."

To Mr. Marshall Hall. That is the Fullers Earth transaction.

To Mr. Muir. The item "Cash, Exact Amounts" in CS 5 means that exact amounts are paid in on the same dates as they are drawn out, in coin. £1,121, on a number of different days, were drawn out and went into Perryman's account on the same particular days in the same particular amounts, between February and October, 1903. From October, 1903, to June, 1904, cash in exact amounts on the same dates was drawn out of Smith's account and paid into Perryman's account, the amount being £671 7s. In the H. K. Ablett account, London and Trading Bank, between July, 1904, and March, 1906, cash in exact amounts £12. There is no cash in exact amounts in the case of George Martin. In the case of W. Tyler and Co, between October, 1906, and May, 1907, cash in exact amounts £128 14s. 6d. Tracing the amounts in cash (CS 5, 1) in 1893, there were drawn out of Herbert Smith's account and paid into Perryman's account on the same dates, which I give, various sums in cash, as follows: March 23, £100; March 24, £35; April 9, £100; April 18, £100; April 23, £40; April 30, £40; May 5, £110; May 11, £20; May 29, £151; June 22, £110; July 9, £100; July 15, £25. On October 5, 1903, £620 was drawn out, and £622 was paid in. By a mistake "£600" is given as being taken out Dealing with the approximate amounts with regard to Herbert Smith's London Joint Stock Bank account, on January 11, 1904, £20 was drawn out in cash and £15 paid in in cash to Perryman's account the same day. On January 18 £20 was drawn out and £10 is paid in in cash. February 29, £22 drawn out in cash; £37 paid in in cash. March 1, £60 drawn out; £60 11s. 7d. paid in. March 2, £20 drawn out; £50 paid in. March 15, £40 paid out; £55 paid in. June 2, £30 drawn out; £26 paid in. June 3, £100 drawn out; £120 paid in. June 15, £15 drawn out; £10 paid in. The table gives the exact figures and you can draw your own inference. The dates are identical, with one exception. Then "exact amounts" in Herbert Smith's Joint Stock Bank account there were drawn out of his account and paid into Perryman's account, in cash, in each instance: October 19, £25; November 20, £30; December 15, £50; January 14, £10; January 15, £25; February 15, £120; February 22, £20; March 20, £40; March 23, £55; April 13, £22; April 15, £100; May 25, £25; June 3, £105; June 6, £20; June 14, £25; June 28, drawn out in notes and, cash £44 in notes, and £1 7s. in cash; paid into Perryman's account £40 in notes and £1 7s. in cash. The same notes for the £40 which were paid out of Smith's account were returned to the Bank of England by the Victoria Branch of the London City and

Midland Bank. With regard to Chalmers and Cox's account (CS 5, 3) there were drawn out in notes on October 23, 1903, £40; paid in in notes, London City and Midland Bank, Queen Victoria Street, to Perryman's account, £40. On October 29, drawn out in notes £25, which is paid into Herbert Smith's London Joint Stock Bank, Finsbury account. There is £25 under the heading of "Herbert Smith, London Joint Stock Bank, Finsbury," in Exhibit 216 and Exhibit 226, which is Smith's account, and in Exhibit 227, attached; there is £50 paid in in notes on that day, but not the numbers. Those notes came back to the Bank of England from the London Joint Stock Bank. On November 20 £50 is drawn out in notes and paid in in notes. There is "C. W. Perrym." on the back of the note. On November 23 £50 was drawn out in notes, and paid in in notes, endorsed "C. W. Perryman." That is 97391. On December 3 bank notes to the amount of £75 were drawn out and a credit of £260 paid in. The notes came back to the Bank of England from that bank. On February 1 £40 in notes were drawn out and £40 in notes was paid in to Smith's account, marked on the back "H. Smith." On February 1 a £10 note was drawn out and paid into Smith's account the same day. On February 3 £70 was drawn out, and £70 was paid in to Perryman's account. I have seen these identical notes and they have come in from me London City and Midland Bank, and have "C. W. Perryman" on the back. Turning to the account of H. K. Ablett with the London and Trading Bank (CS 5, 4) on February 19, 1906, a cheque drawn by Ablett in favour of Perryman was drawn out for the amount of £89 10s., and that was paid through the Clearing House, the bank clearing it being the London City and Midland Bank. There is no corresponding credit in Perryman's account. One hundred pounds in notes was drawn from Ablett's account on September 14, 1905, and paid in to Perryman's account on the same day. The notes were turned into gold at the Bank of England, and on the same day £100 is paid into Perryman's account in coin. A larger sum was paid in, nearly £500 in all, £400 of which was in notes. There is nothing to show where the £400 in notes came from on August 28 £12 in cash was drawn out of Ablett's account, and £12 cash paid into Perryman's account on the same day; on July 5 £28 was drawn out and £27 paid in; on August 24 £21 10s. was drawn out and £21 paid in. On February 23, 1906, £54 in notes and cash was drawn out and £24 was paid in. On March 5 £150 in notes and cash was drawn out and £63 in cash paid in. Taking George Martin's account with the Middlesex Banking Company, on May 7,1906, £55 was drawn out in notes and paid in in coin to Perryman's account. Those notes were changed into gold at the Bank of England. On May 21 £132 10s. in cash was drawn out and two sums of £81 12s. 6d. and £51 in cash were paid in. On August 31 two cheques payable to Perryman were cashed over the counter at Ablett's bank, making £31 2s. 6d.: there is no corresponding entry in Perryman's account. Taking William Tylers account with the Middlesex Banking Company on October 16, 1906, £80 were drawn out in notes and coin, and the notes were cashed at the Bank of England; and

on the same day £75 was paid into Perryman's account in coin. On October 18 notes and coin were drawn out of Tyler's account amounting to £55 2s., and the notes were cashed at the Bank of England. There were two notes of £10 each and £20 in gold. The numbers of the notes are given on Exhibit 11, and they are endorsed "C. Perry-man, 41, Charing Cross Road." Thirty-five pounds went into Perry-man's account in coin on the same day. On October 22 £110 was drawn out in notes and coin. The numbers of the notes are 65,002-3-4. It is 65,003 which is endorsed £110 was drawn from Tyler's account, £80 in notes and £30 in gold. A £10 note was paid into the Bank of England by the London City and Midland. At the same time £7 10s. was paid into Perryman's account in cash. On October 24 £60 in notes and coin was drawn out of Tyler's account and £57 in coin paid to Perryman's account. On October 29 £115 was drawn out, £65 in notes and £50 in coin, and on the same day £112 15s. was paid into Perryman's account in cash. With regard to the Fullers Earth transaction, there is a credit to the account of Tyler of £87 2s., and, deducting from that 7s. 6d., the bank charges, there is a payment out of £86 14s. 6d., the amount of the exchange cheque which was cashed across the counter, and three days later there is a credit to Perryman's account to the same amount. I produce a note for £50, No. 64407, drawn out of Herbert Smith's account on March 9, 1903. It has stamped on the face of it, "Capital and Counties Bank, Limited, Godalming," and on the back of it is written in blue pencil, "M. L. W. Perryman." On March 23 two £10 notes, 89446 and 96384, are credited to Mrs. Perrymans account On April 20. £30 in notes goes into the same account, also from Herbert Smith's account. As to £40 in notes drawn out of Herbert Smith's account on February 27 I can only say they are marked, "London and Joint Stock Banc, Lothbury." I have also prepared an analysis of the account of Alexander Fraser with the Economic Bank on the same lines. On notes amounting to £245 I find the stamp of the Argue Printing Company, £580 I trace to Herbert Smith's account with the London City and Midland Bank. Some of them are endorsed by him. Altogether there is £945 coming out of Fraser's account into the account of Herbert Smith. There are notes from Fraser's account between April 6, 1903, and July 29, 1904, amounting to £255, all endorsed by Perry-man, and £460 that cannot toe identified. The analysis of Tyler's account show that £309 4s. was paid to the Argus Printing Company, £88 to Straker's, probably for stationery; London and Provincial Register £525 11s. 3d., and bank charges £27 4s. 2d. These I classify roughly as expenses. There are drafts on the bank under the name of stock amounting altogether to £840. There are also drawings of notes in the name of stock. (Witness gave other details of the account)

Mr. HENRY LISTER BASS was here recalled to produce the waste book of the London City and Midland Bank, Queen Victoria Street, showing certain payments in to the account of C. W. Perryman.

Mr. WILLIAM CASH was further examined as to the details of the accounts.

Cross-examined by Mr. Marshall Hall. The analyses of these recounts were made on the instructions of the City Solicitor. I never received instructions that whilst getting out details of all notes paid out of