Vol. CXLVIII.] Part 879.
CENTRAL CRIMINAL COURT
HELD JANUARY 7TH, 1908, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writer to the Court.
POINTS OF LAW AND PRACTICE
R. F. GRAHAM-CAMPBELL, ESQUIRE,
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
THE ARGUS PRINTING COMPANY, LIMITED,
CORNER OF TUDOR STREET AND TEMPLE AVENUE,
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, January 7th, 1908, and following days.
Before the Right Hon. Sir JOHN CHARLES BELL , Knight, Alderman, LORD MAYOR of the City of London; the Hon. Sir JOHN CHARLES BIGHAM , Knight, one of the Justices of His Majesty's High Court; Sir HENRY E. KNIGHT, Sir GEO. F. FAUDEL-PHILLIPS, Bart., G.C.I.E., Sir JAS. T. RITCHIE, Bart., Sir GEO. W. TRUSCOTT, Sir THOS. B. CROSBY, FREDK. ALLISTON , Esq., and F. HOWSE, Esq., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FREDERICK ALBERT BOSANQUET, K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH, 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.
CHARLES CHEERS WAKEFIELD, Esq.
CLAUDIUS GEORGE ALGAE, Esq.
CENTRAL CRIMINAL COURT
BELL, MAYOR. THIRD SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, January 7.)
LETTS, William George (44, clerk), pleaded guilty at the November Sessions of fraudulent conversion of £78 10s. 3d., being the children's holiday fund in connection with Marylebone Parish Church, and was respited at large in order that restitution should be made. Mr. Curtis Bennett now stated on behalf of Canon Barker that prisoner had repaid the sum which he stated he desired to repay, and Canon Barker asked that a lenient sentence might be passed. Sentence, One month's imprisonment, entitling prisoner to be discharged.
TAYLOR, William (23, groom), pleaded guilty of stealing one purse and the sum of £1 4s. 1 3/4 d., the goods and moneys of Lilian Rundle, from her person. Several convictions were proved. Sentence, 12 months' hard labour.
MILLS, Clara Matilda (49, postmistress), pleaded guilty of forging a Post Office notice of withdrawal for the sum of £30 and a receipt for same, she being then employed under the Post Office; having been entrusted with certain money, to wit, the sum of £30, to pay to one John McKay, did fraudulently convert a part thereof to her own use and benefit; embezzling the sum of £3, the moneys of the Postmaster-General, she then being employed under the Post Office.
Prisoner had charge of the office in Prince Regent's Lane, London Docks. In 1905 a Mrs. Rowe, an illiterate woman who can neither read nor write, and with her husband carries on a small fish business, had accumulated £108 Representing that she had a safe for the deposit of pass books prisoner obtained possession of Mrs. Rowe's book and forged the withdrawal order. Subsequent deposits at the rate of nearly £1 per week prisoner did not account for, but showed the old lady a false pass-book, and the latter person being unable to read the entries thought the account was all right. McKay was also an illiterate depositor. He, wanting to withdraw £10, prisoner
altered the withdrawal form to £30, and pocketed the difference. She was stated to have been in the hands of the moneylenders and to have been paying 130 per cent. interest.
Sentence, Nine months' hard labour.
JONES, Bertie (30, decorator and occasional postman), pleaded guilty of stealing a post letter containing a gold bracelet, the goods of the Postmaster-General, he being employed under the Post Office.
Sentence, Six months' hard labour.
WALKER, Frank Edward, pleaded guilty of stealing a post letter containing a postal order for the payment of £1, the property of the Postmaster-General, he being employed under the Post Office; stealing a post letter containing two postal orders for the payment of £1 and 15s. respectively, the property of the Postmaster-General, he being employed under the Post Office.
Sentence, Nine months' hard labour.
PIESSE, Frederick (20, waiter) , indicted for maliciously wounding Arthur Charles Pearce with intent to do him some grievous bodily harm, pleaded guilty of unlawful wounding. Prosecutor is general manager of Lockhart's, Limited, where prisoner was formerly employed, and prisoner imagined he had a grievance, because after he had been discharged a written reference which he gave on entering the employment was not given up.
Sentence, Nine months' hard labour.
Mr. Brice prosecuted; Mr. Lawless defended.
ELEANOR DALGLEISH , wife of Robert Dalgleish, 23, Longhurst Road, Lee. On December 17, between half-past four and quarter to five, a man brought me a parcel and asked me to sign a book, which I did. A few minutes afterwards he came back and said, "You have not signed in the right place; will you sign here?" I took it to the sitting-room where there was a light, and said, "See, I have signed it." He took the book out of my hand, and said, "Sign here," and as I was signing it he gave me a blow on the head which broke my comb, and another on the forehead. I won't be sure which hand he held the weapon in. I screamed and ran out at the back; the man went out of the front door and the neighbours came in. In the hall I picked up a parcel and book headed, "Benn and Co.," and the life preserver. I was not expecting a parcel. A neighbour went for a policeman. After the police came I opened the parcel. It contained four stones and was correctly addressed. Three days afterwards I saw prisoner at Blackheath Police Court alone in the charge-room. I had known him before as a working plumber and gasfitter and he had worked at my house. On the 17th I recognised what I saw of him, as he had his cap drawn over his face and his coat collar turned
up, but I saw his eyes. I cannot swear that the man who called was the prisoner, but I believe it was. I had known him since last August twelve months. I have never had any quarrel with him.
Cross-examined. I am certain in my heart that prisoner was the man who assaulted me.
Inspector GEORGE LAMBERT , K Division. At 9.30 p.m., on December 17, I went to 23, Longhurst Road, and saw the last witness, who was in an, excited condition. She had a slight bruise under the eye and on the forehead, and a slightly out lip. On the following day, in consequence of something she had said to me, I kept observation on 39, Hargrave Road, Upper Holloway, with another officer. Seeing prisoner leave the house and walk quickly up the street I sent Detective Pittway after him. When he brought him back I said to prisoner, "Smith, you know me?" He said, "Yes, I remember you." I told him I should take him to the station on the charge of assaulting Mrs. Dalgleish. I produced the book, and said, "This is in your hand writing, and was left behind at 23, Longhurst Road, by the man who assaulted Mrs. Dalgleish." He replied, "I do not deny that is my book and writing, but I have not seen it since I left Lee." That referred to his former residence there. He also said, "I was at home all day until nine p.m. I was not in Lewisham." I searched his rooms and took possession of a grey overcoat, which prisoner afterwards owned to. In the ticket pocket I found the 'bus ticket produced. I also took possession of some insulated copper wire, a ball of string, a piece of string, a label, and a piece of blue carbonised paper for copying. I took them to Upper Holloway Station, where Smith was detained, showed them to him, and told him that they were similar to the materials of which the life preserver was made up. The handle of the life preserver is made up of insulated copper wire cut off in lengths and stiffened with a piece of cane and tied with string similar to that produced. The head of the life preserver is wrapped with canvas, filled probably with sand. He made no reply. I took him to Blackheath Police Station, where he was charged on the, following morning. He said, "I came in about two o'clock and did not go out again until nine p.m." It would take about three-quarters of an hour to get from Lee to London Bridge.
Cross-examined. I did not make a note of what prisoner had said until I got back to his rooms. His house is about five or six minutes' walk from the station. It was done prior to finding the articles. Prisoner did not say when I produced the book, "I admit it is like my book, but I have not seen it since I left High Road, Lee, about nine weeks ago." I realise that if he admitted the writing he admitted that he was the man who committed the assault. I did not My anything about the 'bus ticket at the first hearing, nor did I say anything to prisoner about it. I kept that back until I had made inquiries. The insulated wire is generally used for electric purposes. Some plumbers may be in the habit of repairing electric wires. I should say the wire produced is a common form of wire, but I have
never seen any like this, which appears to have a sort of leather covering. There is nothing uncommon about the string. I found some pieces of cane in the house. The cane in the handle is a trifle thicker than that found in the house. I saw prisoner write his name, "H. Smith," in September last, to a statement, and his handwriting is similar to that in the book.
EDITH ROSINA JOHNSON , wife of William Johnson, living at Lee. On the evening of December 17 I went out about quarter-past seven, and in going from Lewis Grove into the High Street, Lewisham, I met a young man accompanied by a lady. I recognised the man at once as a customer of ours, Mr. Smith, the prisoner, as I thought. He has bought and sold paper for me. I know him as a decorator by trade.
Cross-examined. I have not said I am certain, but I believe prisoner is the man I passed. I did not take particular notice of the lady. She was not an old lady by any means. I had not seen her before.
CHARLES JAMES LEE , Holloway Road, conductor to the London General Omnibus Company. I issued the ticket produced on December 17, as I see by my way-bill, on the second journey in my afternoon shift. I left London Bridge at 8.30, and that was the only 3d. ticket I issued that journey. It is from London Bridge to Highgate. The passenger got into the 'bus in London Bridge Station yard. I can say the passenger was a man because I only had one lady that journey.
Cross-examined. I was first spoken to about this on Friday, December 20, by Detective Pittway. The way-bill was in the possession of the company and I had to go and get it. It is very seldom we have lady passengers out of London Bridge Station. The detective asked me if I recognised ticket No. 5371. When I was spoken to the last ticket on the bundle was 5376, so I had only issued five other tickets of that kind since the Tuesday.
HARRY AUSTIN SMITH (prisoner, on oath.) I have served my time as a plumber and gasfitter, and was carrying on business at Lee as a master man until about three months ago. The insulator wire produced is a common kind of stuff for plumbers to have who look after electric bell and telephone installations. On December 17 I was not in the neighbourhood of Lee at all. Being arrested the very next day by Inspector Lambert my attention was called at once to the previous day, and I was able to remember my movements quite well. I went out about 10 o'clock in the morning to the Free Library to look at the shipping news to see whether my brother's boat had arrived at Calcutta. I got back home about five minutes to two and had dinner, and sat reading all the afternoon, and I made out a list of the stuff I should require, as I was thinking of opening a shop in the North of London. I did not go out again till nine, and was at home the whole time. When the inspector told me he should arrest
me for assaulting Mrs. Dalgleish the previous day, I said it was absolutely ridiculous. I know Mrs. Dalgleish, and have worked at her house several times, and have always had the greatest respect for her. The inspector opened the book, showed me the names and addresses, and said, "Is this your book, Smith?" I said it might be, but I did not recognise having had such a book in my possession for two months and a half at least. I knew he had my signature to a written statement made about four months previously. It is not true that the writing in the book is mine, nor is the writing on the label. As to the 'bus ticket, I deny that I ever made that journey on the Tuesday (17th). If I wanted to come from Lee I should go to Charing Cross, and from there by the Hampstead tube to High-gate. I have never had a criminal charge brought against me.
Cross-examined. I left Lee because trade was very bad. The statement of the inspector that I said with regard to the book, "I do not deny it is my book and writing, but I have not seen the book since I left Lee," is false. I did not write the name, "Holmes, Ennersdale Road," in the book. Holmes is my father-in-law. I do not know Mr. White, of Radford Road. I think there is a person named Drew living in Longhurst Road. I lived in Lee about four or five years. I know a Mr. Turpin, of High Road, Lee, as keeping a baker's shop, but not personally. Mr. Fewing is one of my late customers. I have never seen the life preserver. When it was shown to me I said nothing.
The jury compared prisoner's signature with the handwriting in the book.
ETHEL SMITH , prisoner's wife, gave evidence that prisoner was at home on December 17, from two o'clock until nine o'clock, with the exception that at six o'clock he went out to get a paper. In cross-examination she said the only thing she saw taken out of the overcoat pocket was a piece of cardboard that belonged to the back of a small hand looking-glass.
Mr. Lawless submitted that there was no evidence of intention to rob, and that the attack was quite consistent with spite.
Mr. Brice pointed out that neither was there any evidence of spite nor any other reason, but there was evidently an attempt to make this woman insensible and there must have been some object for that.
The Recorder said that Mr. Brice as appearing for the Crown had to establish all and every one of the allegations contained in the indictment. Nothing had been taken away or attempted to be taken. The woman was struck a blow and the man ran away. That was not sufficient to establish that the object of the assault was robbery.
Mr. Brice thought the inference from the fact that the man made up a parcel in which he placed four stones showed that he had a particular desire to get inside the house.
The Recorder. That is consistent with his having a grudge against the woman and a desire to assault her by blows. it is open to either interpretation—either the man for some reason which is not disclosed bad some spite against her and assaulted her from motives of revenge or he may have had the object of robbery—it will not do to lay it on that part of the charge.
Mr. Brice. There has been no evidence as to-grudge.
The Recorder. The evidence of identity is very slight.
Mr. Lawless. If there are two theories, one in favour of the prisoner and the other against him, I am entitled to take the one that is in his favour if there is no evidence.
The Recorder observed that there was very little evidence of identity, and as to the evidence of handwriting the evidence of a signature only was not very satisfactory. He was reluctant to stop the case.
(Thursday, January 9.)
Mr. Brice submitted that the jury in such a case as this should presume an intent to rob. There was no reason why prisoner should have any grudge against Mrs. Dalgleish. It had been held over and over again in cases of violent assault with intent to rob there was no necessity to prove a demand of money or goods. A sudden attack without reason was sufficient to substantiate and justify the charge of attempting to rob. Counsel referred to R.v. Trusty (1783) 1 East, P.C. 418.
Verdict, Not guilty.
(BEFORE THE COMMON SERJEANT.)
(Tuesday, January 7.)
There were other indictments which were not proceeded with.
Smith confessed to being convicted on July 3, 1888, of uttering, when he received 15 months' hard labour. Other convictions proved: February 15, 1890, three months; May 1, 1891, six months; October 6, 1893, robbery, with violence, three years' penal servitude; September 8, 1896, robbery, three years; July 25, 1899, wounding, five years; North London Sessions, October 25, 1904, 18 months. Five short convictions for robbery were proved against Brown.
Sentences: Smith, 18 months' hard labour; Brown, 14 months' hard labour.
TURNER, Joseph (37, baker), and JOHNSON, Thomas (30, carpenter) ; both uttering counterfeit coin twice on the same day, well knowing the same to be counterfeit; possessing counterfeit coin, well knowing the same to be counterfeit, with latent to utter the same; Johnson, feloniously possessing counterfeit coin.
Mr. Robert Wilkinson prosecuted.
Johnson was first tried for misdemeanour.
AMBROSE BELL , barman, "The Victoria," High Street, Stoke Newington. On December 7, at about 11 p.m., a man, not Johnson, came into the bar and asked for half of burton, tendering what appeared to be a florin. I served the beer and gave the change, 1s. 10 1/2 d., but being doubtful about the coin I took it again from the till, broke it, and put the pieces before him. He then pulled out a handful of money, and said he had taken it in change for a half-sovereign. I took up half a crown and gave him an additional 6d. change. I gave the man the pieces of the coin.
ALBERT EDWARD DOVE , manager, "Walford" public-house, 121, Stoke Newington Road. On December 7, at about 11.15 p.m., a man, not Johnson, ordered half of Burton, and tendered a florin. I perceived the coin was bad, broke it up, and gave him the pieces. He then paid me with a good half crown.
EDWIN HENRY CLARK , 115c, Stoke Newington Road, draper. On December 7, shortly after 11 p.m., prisoner Johnson was standing under the awning of my shop. I was standing on the step. Three police officers came and asked prisoner what he had on him and took a coin from his pocket. I heard something drop to the ground, picked it up close to his foot, and gave it to the officers. It was the packet of coins produced.
Detective JAMES ADAMSON , N Division. On December 7, at 11 p.m., I was with Sharp and another officer in Stoke Newington Road, when I saw Turner leave the "Victoria," and followed. He went on to the corner of Brooke Road and went into the "White Hart," where he was served with a drink, remained about two minutes, came out, and went towards Dalston. I then saw Johnson leave the private bar of the "White Hart"; he whistled to Turner, who looked round, crossed the road, and was joined by Johnson. The prisoner then walked to the corner of Evering Road, stood there for two minutes, and then walked to Foulden Road, where Turner crossed and entered the public bar of the "Walford." Johnson walked a few yards further, crossed the road, and stood under the awning of Clark's shop, 115c, Stoke Newington Road. I and Sharp walked across to the prisoner Johnson and Sharp spoke to him. He dropped something from his pocket, which Clark picked up and handed to me. It was the packet produced, containing 10 counterfeit florins. Sharp conveved him to the station. I afterwards arrested Turner, conveyed him to the station and found upon him broken counterfeit florin produced.
Cross-examined. I saw Johnson from a distance of 50 yards. I was standing in the shadow at the back gate of the police station. He was in the light of the arc lamp.
Detective-sergeant ROBERT SHARP , N. Division. On December 7 I was with the last witness and followed the prisoner Turner from the "Victoria" to the "White Hart," where I saw him come out, followed by Johnson from another bar. Johnson joined Turner at the Bon Marche, and they walked together to the corner of Evering Road, stood there a few minutes, walked to the corner of Foulden Road, and Turner then crossed and entered the "Walford." Johnson then crossed and stood under the awning of 115c, Stoke Newington Road. I, with Adamson and another officer, then walked across to prisoner. I said, "We are police officers." I am going to arrest you for uttering counterfeit coin. "He put his hand into his right-hand waistcoat pocket, pulled out several silver coins, and said, "This is all the money that I have got. It is what I got from my work." I then commenced to search him, when he struggled, and said, "You must
not search me in the street. You must take me to the station if you want to search me." I put my hand into his left top vest pocket and found counterfeit two-shilling piece, wrapped up in tissue paper (produced). At that moment Clark picked up the packet produced, containing 10 counterfeit florins, some of which bear the date of the coin taken from prisoner's pocket. I took prisoner to the station and found on him six shillings, seven sixpences, eleven pennies, and four halfpennies—good money. The charge was read over to him. He made no reply and gave no address.
WILLIAM JOHN WEBSTER , Inspector of Counterfeit Coins to His Majesty's Mint. Packet produced contains 10 counterfeit florins, made from two different, moulds. The single coin and broken coin produced are also counterfeit and are made from the same mould as some of the others—dated 1901.
THOMAS JOHNSON (prisoner, not on oath), suggested that he had not dropped the coins and stated that he was not in the "White Hart" and that the person he spoke to was another man than Turner. He admitted possessing one coin found upon him, which he obtained by gambling. He declared that he was innocent. Verdict, Guilty.
Turner was then tried for possessing and uttering.
AMBROSE BELL , barman, "Victoria." On December 7, at 11 p.m., prisoner was served with a half of burton, and paid with a florin. I gave him is. 10 1/2 d. change, and on examining the coin found it bad. I broke it in two pieces, and gave prisoner the pieces. He said he had had it in change for half a sovereign, pulled out some money from his pocket from which. I took half a crown, and handed him 6d. additional change. Prisoner then insisted on seeing the governor. I told him to wait, and said, "Perhaps if you wait and see the governor he will have you searched, and see if you have got more bad money on you." As I turned round to serve another customer prisoner was gone. The same night I saw him at the station, and made the charge against him.
Cross-examined. After giving prisoner the change I came back within a few seconds with the bad coin. I had put it in the top corner of the patent till. I am sure it was the same coin.
ALBERT EDWARD DOVE , manager "The Walford," Stoke Newington Road. On December 7, at 11.15 p.m., prisoner called for half of burton, and put down a florin, which I immediately told him was bad He then gave me a good half-crown. I broke the florin and gave the pieces back to him. The same night I went to the police station and charged the prisoner. I was shown the pieces of the broken coin.
ADAMSON, Cross-examined. I asked prisoner if he could give me the name and address of any respectable person to refer to, and he
said, "No." (To the Judge.) I found on prisoner the two broken pieces in his waistcoat pocket mixed up with other money. He had 4s. 6d. in silver and 6d. in bronze, good money. With regard to the broken, he said, "That is what the barman broke and handed me back in the public-house." When charged he said, "What do yon mean?—possessing—I only had one, the one that man broke"(indicating Dove). "Then I asked to see the governor, and they did not fetch him." He gave an address at a lodging-house.
Verdict, Guilty, upon both counts.
Previous convictions: Turner, October 17, 1905, two years' hard labour and three years' supervision for larceny. Many previous convictions for larceny, house-breaking, etc., were proved, extending from 1882 to 1904. Johnson: Two convictions for uttering and two convictions for burglary and larceny.
Sentence, each, Four years' penal servitude.
BEFORE MR. JUSTICE BIGHAM
(Wednesday, January 8.)
DEHRING, Elisa, having pleaded guilty on December 18, 1907 (p-386), of conspiring with Elsa, Herget and other persons to procure the miscarriage of the said Elsa Herget, was brought up for sentence. During the interval prisoner had made a long statement about the matter, which differed from her original story and which she stated was the real version. Her previous character was found to be good, and his Lordship thought, as she was not one of those persons who habitually assist in procuring abortion, end as she had been in prison three months awaiting the completion of her trial, it would be sufficient to pass the nominal sentence of two days' imprisonment, entitling her to immediate discharge.
Mr. Fordham prosecuted.
Mrs. ELLEN SALT . I have been married about 11 years. I lived with my husband for about nine months, after which I went to live at home, as my husband was sent to prison. I afterwards went to live with prisoner, doing so until November last. I had four children by him, but none by my husband. In November last prisoner went into the infirmary. During the time I lived with him he had a sum of £400. While he was in the infirmary I went back to my husband. Prisoner came out after about three weeks, and I met him on the day he came out, I having gone to the infirmary with his clothes. When I met prisoner we had a few words about my going back, because I did not want to live with him, and told him I had gone back to my husband. He was very much upset. I did not want to live with
him because I had had a serious illness with my last child, and I did not want to have another one by him. I had had peritonitis, I think it is called. It was some weeks later when I saw prisoner again. He had found out where I was living with my husband. He then asked me to go to Canada with him; he said he had some tickets. I said I did not want to go. I was in the street with a friend when this took place. On the Saturday before the shooting took place I got a letter, but I do not know where it is. In it he said he was going to do away with himself. On Tuesday, December 3, he sent up to my place, and I went out to meet him. I then had a drink with him at the top of the street. He afterwards bought some clothes for the children. He had a razor with him, which I took away, and he said it was what he was going to do himself in with. I said, "Don't be silly, give it to me." This was in the public-house. I think he was sober; he was very excited. We had several drinks after that. I stayed with prisoner till about six o'clock, going about drinking. It was about 10 a.m. when he sent up for me. I was really afraid to run away from prisoner; he was so excitable. The last public-house we went to was the "Duke of York." When we came out he stood talking to me under the archway, and asked me if I was done with him. I said, "Yes," and turned my head on one side, when he shot me at the side of the head. I ran away, and he fired twice at me in the shoulder. I ran into Osborn Buildings, then fell down and got up again, and sat by some steps; I do not remember any more. I made a statement at the police station.
To prisoner. I do not know whether I kissed you when I met you outside the infirmary. You bought me a pair of stays, but I did not ask you to do so. It is true you gave me 7s. to buy a pair of boots. I do not remember asking you to see me the next day. I did not tell Nell not to pray for her daddy; I do not remember her saying so; I would not tell her such a thing. You knew I did not want to live with you. You did not spend all your money on me; you lost it bookmaking. You bought me jewellery, but took it away and pawned it. You were all right when you had plenty of money. You were going to Walton to see your uncle, after you came out of the infirmary. He has wanted you to keep away from me years ago. I gave you the chance. I did tell you I was going back to my husband. I told you I would not go back with you, and would rather go to the workhouse. I did go to the workhouse and took the children with me, and I did not see you again till the day you wanted me to go to Canada. You did not pay for the children while you were away.
To the Judge. Prisoner is very fond of the children; he has been very kind to me. When he had spent the £400 he went and worked to keep us—as a labourer. While I was living with prisoner I did not continue to see my husband. I said before the magistrate, "Prisoner did not say that Annie told him uncle (my husband) had been rude to me." I did not say, "Wait till I get something upstairs," etc. I have a mark on my head where my husband struck me.
JAMES BURR , 12 years old. On December 3 I was in Horace Street, about six in the evening, when I saw prisoner and Mrs. Salt. The former said, "Winy did you run away from me?" He then pulled out his handkerchief and dropped a revolver, which he picked up, then hit the woman on top of the eye. The woman started running away, and witness shot three times at her back, he being quite close and running after her The woman screamed and ran up a passage, where she fell down. Two more shots were fired; there were seven altogether.
To the Judge. The woman was hit more than once; I do not know how many times.
HENRY SHORT , 17, Horace Street, electrician's mate. On the night in question, about 6.30, in Horace Street, I heard three shots fired in quick succession, and saw a man (prisoner) running after a woman. I went after and saw prisoner fire two more shots while the woman was on the ground. I then tried to coax prisoner away, but he accused me of being the woman's husband. I said I was not, and then ran at him, when he fired twice at the woman. I then seized prisoner, and held him till the police came. I saw three shots and heard three, six in all.
Police-constable 260 D. On the night in question, about 6.30, I heard three shots fired in quick succession, then three more slowly. I went to Osborn Buildings and found prisoner being held by the last witness. I could not see the woman. When Short said that prisoner had shot the woman, prisoner said, "I hope I have murdered her." Prisoner seemed sober, but slightly excited. On the way to the station he said, "I hope she is dead; I wish I had blown her brains out." The two bullets produced I found on the spot.
Sergeant ALFRED BOYSE , D 19, deposed to finding prisoner in custody of last witness. Prisoner had his hand in his left-hand coat pocket. I took it out and found in it this revolver (produced). He said, "All right, here is the revolver; I hope she is dead; I shot her; let me kiss my two children." The woman was then lying in the passage. I assisted to take prisoner to the station and afterwards took the woman to the hospital.
Sub-Divisional Inspector HARRIS , D Division. On December 3, about 6.25, prisoner was brought to John Street Police Station, and subsequently Mrs. Salt. Prisoner said, "Nell, have I killed you? I am sorry I did not." Mrs. Salt made a statement as follows: "I have lived with prisoner about 10 years. This afternoon I went and had a drink with him, when he said he would buy the kids some clothes. We then went into the 'Duke of York.' When we came out of there we were going down Horace Street, and I had my back to him, when he fired at me three times. I have had no quarrel with him; he shot me because I would not go back to live with him. He has been worrying me all the week. He wanted to shoot me in the head. I am at present living with my husband and prisoner wanted me to return to him. I refused. I do not know any other reason for his
wanting to kill me." When that was read over to prisoner he said, "That is quite right." When charged, prisoner said, "That is right; I wish I had killed her." A letter was found on prisoner addressed to Mr. G. Curtis, Allen Road, Merton, in which prisoner said that he intended to kill "Nell"(Mrs. Salt). There was also an envelope found addressed to Mrs. Salt, with nothing in it; also a gun license dated November 30, and a box of 44 cartridges. The revolver contained six empty ones.
EUSTACE DIX , house surgeon, St. Mary's Hospital. Mrs. Salt was brought to the hospital on December 3 suffering from several wounds—one in the back, one on the side of the head, and one in the neck. The tatter was in a dangerous position
HENRY CURTIS (prisoner, on oath) stated that he had always looked after prosecutrix while he had lived with her; that on the night of the shooting, after he had been boozing with prosecutrix, his little girl Annie told him that her mother had said she was not to pray for her father (prisoner), that Salt, the woman's husband, did rude things to her mother in front of the children, that on hearing this the mother said to the girl, "You little sow, wait till. I get you upstairs," and shook her fist at her. He (prisoner) could not stand this, and it was then that he shot the woman.
Verdict, Guilty, with intent to do grievous bodily harm. Sentence, 12 months' hard labour.
Dr. GEORGE GRIFFITHS , medical officer, Holloway Prison, said he had had prisoner under his observation and thought she was insane. (To the Judge.) She is mentally unstable and flies into rages. (Prisoner now with great volubility complained of her treatment in Holloway, and that she did not have a chance to get well. In the course of her remarks she made allegations against various people with whom she had come in contact.) Witness said that prisoner had threatened various people in the prison and that she had had to be put in a padded cell at one time. She had threatened to attack Dr. Hughes again when she had the chance. The actual attack had been made with a hammer in Dean Street, Soho.
His Lordship said he was satisfied that prisoner was in a very bad state of health mentally, and probably also physically. She would have to go to prison for 12 months, during which time he hoped she would be restored to health.
CLARKE, Joseph (60, labourer) ; feloniously sending and causing to be received by him a certain letter, knowing the contents thereof, to Leonard Charles Randall, demanding money with menaces, without reasonable and probable dause.
Mr. Purcell prosecuted.
LEONARD CHARLES RANDALL , of Kirk and Randall, contractors. In October we were doing work for the London and North-Western Railway at Coventry, during which prisoner was sent to Coventry among some 20 men, under a foreman named Barker. On December 5 I was at Uxbridge Road Station inspecting some work when a man (prisoner) came up and asked if I had received a letter about Barker. I told him I had not been to my office that morning, but I was going there and would reply to the letter if it wanted replying to. I went off then by train. Later at the office I found the letter (produced). I then communicated with the police and made an appointment for the next day with prisoner at two o'clock. I was unable to keep the appointment, but sent a telegram and made another appointment for 12 o'clock the next day, which I kept, and prisoner was arrested. There is no truth in the statements prisoner makes in his letter.
WILLIAM BARKER , foreman to Kirk and Randall. I was in charge of some work at Coventry, when I had prisoner under me among others. One day I found prisoner putting in some wrong material and told him to stop it.
His Lordship said this was immaterial.
Inspector GEORGE LAMBERT , R Division. On December 7 I saw prisoner at Shepherd's Bush, and told him who I was. I was with another officer. I told him he would be charged with obtaining £5 by means of a threatening letter Prisoner said, "I say nothing now." When charged at Woolwich Station prisoner said nothing. I searched him, and found on him the letter and telegram from Mr. Randall. I also found a memorandum book with writing similar to that on the letter he sent.
JOSEPH CLARKE (prisoner, not on oath). I am very sorry; I did not think I was committing any crime when I wrote the letter. It is the first experience ever I had. I never done anything wrong in my life before. I have a good character I have been a long time in prison; I think if you give me a chance this time—I have done nothing wrong before.
It was stated that prisoner had borne an excellent character, but sometimes gave way to drink.
Sentence, One month's hard labour.
BEFORE THE RECORDER.
(Wednesday, January 8.)
Prisoner lived with Bowker, and at the time of the occurrence (December 16) they were both very drunk, with the result that there was a quarrel, and Bowker smacked her face. Later in the day they were at the Battersea Park Railway Station, where they took tickets for Victoria. They were quarrelling, and prisoner was using abusive language. At the barrier she said to one of the officials, "Will you stop this man from molesting me?" As Bowker was standing near the edge of the platform she was seen by several persons to come up behind him and push him on to the rails. He was saved from the approaching train, then about 60 yards distant, by a guard. When Bowker got back to the platform she said, "I will murder, him," and it was under these circumstances that the charge of attempted murder was preferred.
Sentence, One month's hard labour.
COOMBS, Valentine Lacey ; in incurring a certain liability to George Vickers, unlawfully and fraudulently did obtain credit from him by means of fraud other than false pretences and under false pretences; in incurring a certain liability to William Walter and George Milner Walker, unlawfully and fraudulently did obtain credit from them by means of fraud other than false pretences; in incurring a certain liability to Frank King, unlawfully and fraudulently did obtain credit from him by means o✗fraud other than false pretences; unlawfully soliciting and inciting Emily Coombs to obtain credit with Henry Yeo in respect of a liability to him by means of fraud other than false pretences and under false pretences; in incurring certain debts and liabilities, to wit, to George Vickers to the amount of £244 1s. 4d., to William Walter and George Milner Walker to the amount of £60 7s. 8d., to Frank King to the amount of £62 10s., and to Henry Yeo to the amount of £50, unlawfully did obtain credit from them to the said amounts by means of fraud other than false pretences and under false pretences.
Mr. Muir and Mr. Arthur Gill prosecuted; Mr. Symmons defended.
GEORGE VICKERS , Messrs. Vickers and Son, stockbrokers, Lincoln. I remember receiving a letter dated April 5, 1905, signed "John Earle" (a name assumed by prisoner), dated from 104A, Sternhold Avenue, Streatham Hill, S.W., as follows: "Dear Sirs,—Your firm having been recommended to the writer by Mr. J. Harris (of your town), I should be glad if you would inform me your commission for selling Rio Tinto Ordinary shares and Chesapeake and Ohio Common shares? Awaiting your early reply." I did not know "John Earle," but I knew Mr. Harris, who is secretary of Messrs. Clayton and Shuttleworth, Limited, engineers, Lincoln. Next day we replied that the commission would be 15 per cent. On April 8 we received a letter instructing us to sell 100 Chesapeake and Ohio Common shares at 60 1/2 and 25 Rio Tinto £5 Ordinary shares at 64 1/2. On April 10 we wrote that the stocks had fallen from the quotations given, but retaining the order, and we wrote to the same effect on
April 14 and 25. On May 3 we received an order to sell the Chesapeake and Ohio and Rio Tinto shares and did so, through our London agents, and on May 4 wrote to prisoner: "We wired you to-day as follows: 'Sold 100 Chesapeakes, 51; 25 Tintos, 59 11-16. Very best could do,' which we beg to confirm, the contract for which we will forward to-morrow. Kindly let us have your certificates and oblige." At that time we certainly believed he had the certificates; we could believe nothing else. If we had believed it was a mere speculation in differences we should. not have entertained the business on any account. On May 5 we received the following letter: "Dear Sirs,—I am much obliged for your telegram and letter of the 4th inst., and await contract note as advised Will you kindly inform me the very latest date allowed for. delivering the shares?" In answer we wrote: "We are in receipt of your letter of the 5th inst. Monday next, the 8th inst., being making up day, we shall be glad to receive the certificate on that day. Settlement is on the 12th inst." We had sent him the contract note. We next received a letter calling attention to an error in the contract note, arising from our clerk having calculated the dollar at 4s. 2d. instead of at 4s., which crossed with our own letter to the same effect. On May 9 we received a letter stating that it would be somewhat inconvenient to deliver the securities during the present account and asking us to arrange with our agents to postpone delivery until the end of May. We wrote our agents accordingly, and on May 20 received an order to repurchase the shares and asking our commission for buying Grand Trunk Third Preference, with the remark that 15s. per cent. seemed a somewhat stiff charge. At that time the securities we had purchased for him had fallen, so that there was a balance in his favour of £33 2s. 6d., for which we forwarded him our cheque on June 1. On the same day we received a telegram asking us to again sell 100 Chesapeakes and 25 Rio Tintos and executed the commission on the following day and on June 3 wrote enclosing the contract. On June 6 we received this order by telegram, "Sell an additional 50 Chesapeakes and 10 Rio Tintos. We executed the order and acknowledged it by letter the same day and subsequently forwarded the contract note. On June 8 we received an acknowledgment, and the writer added, "I will communicate with you without fail directly after the Whitsuntide recess. Thursday week is account day, and making up day is next Thursday, and not to-day as mentioned in yours. Rio Tintos and Chesapeakes being bearer bonds, do not require any transfers to be prepared." We were still under the impression that he had these bonds. The shares continued to rise daily and therefore to go against him. On June 12 we received this letter, "I should feel much obliged if you would kindly instruct your agents to arrange delivery of Rio Tintos and Chesapeakes for the next account (June 29)." We arranged for the continuation and forwarded the continuation note on June 15 at the same time, saying, "We shall be glad if in future you will let us have instructions earlier as it might be impossible some day
to carry over the shares unless we receive instructions a day earlier As the settlement for the shares is on the 29th inst., we shall be glad to receive the bearer bonds not later than the 27th inst." Un June 24 we received a telegram from our agent asking for a cheque for settlement, and on the same day wrote prisoner, "We wired you to-day that our agent had wired to us for cheque in settlement of account. We shall be glad, therefore, if you will forward yours by return and oblige, together with bearer bonds for Chesapeakes and Tintos." It is usual to pay differences when a carry over is effected. We paid our agent's account, for which we were liable. On June 24 we received a further request to carry over another account, and wrote on the 26th: "We are in receipt of your letter of 24th inst. We are giving instructions to our agents to carry over Chesapeakes and Tintos. Please let us have your cheque for £109 4s., the amount now due, by return, and oblige." On the 28th we wrote enclosing the account and saying, "Please let us have bank draft in settlement of the same as we have had to pay our brokers. We think the best plan will be for you to close the account as the shares are rising daily." On the same day we wired, "Unless we hear anything from you by to-morrow we shall give instructions to buy shares in." That was the day before the settlement. Not hearing anything on the 29th, we gave instructions to buy in the shares, the loss being £244 plus commission. On forwarding the contract we received a reply from Bristol asking us to allow the amount due to remain in abeyance until prisoner's return to town, we being at liberty to charge any reasonable interest. In reply we wrote, "We shall be pleased to let the amount stand over until you return to town, but every penny of the money has been paid by us except our own commission. We are exceedingly sorry that the loss is so great, and we consider we have done the right thing in closing the account as the shares have every appearance of going higher. We shall be glad to receive bank draft for £285 10s. 8d. when you return to town, which we note will be before the next settlement." On July 13 we wrote stating that we were placing the matter in the hands of our solicitors. There was nothing improper or unusual in buying in the shares when they were not delivered on account day. We have never been paid any of this money. We should not open a speculative account for a stranger unless proper cover was given. A writ was issued, but prisoner could not be found, and nothing has been recovered.
Cross-examined. We tried to find prisoner, but could not do so People who called at Sternhold Avenue were told he did not live there. As to whether or not judgment was obtained, I know I paid the solicitors' bill. We certainly thought prisoner had been recommended to us by Mr. Harris, and we wrote to thank Mr. Harris for sending us a client. We thought that Mr. Harris knew something about him, and we thought he might be a buyer of local stock because Clayton and Shuttleworth, Limited, had just been floated. We did not ask Mr. Harris for any reference. The letter does not say that prisoner is recommended as a safe person for us to deal
with. We were certainly under the impression that prisoner had the stock he was professing to sell. As to whether it is a wrong thing to sell shares you have not got that depends upon circumstances. Sometimes we take such business, but it is casual. If we open a speculative account we want cover. We realised after the first carry-over that prisoner was selling stock he did not actually hold, when he tailed to pay differences of £109. We did not also know that at this time Mr. Harris, whose recommendation started the business, was a stranger to the prisoner. I do not think I acted abruptly or sharply in closing the account; I do not think I was sharp enough. When we wrote on June 28, "We think the best plan will be for you to close the account, as the shares are rising daily," we thought we were giving good advice. We did not add, "Unless you send us £109 4s. we shall buy these shares in against you," we did not want to be uncourteous; we were fishing for the £109. I decided to prosecute immediately I found out who the man was, and gave instructions to have him found. The address we got was at a book-shop.
Re-examined. I should not have entertained the order at all without the introduction of Mr. Harris.
JOHN HARRIS , secretary to Clayton and Shuttleworth, Lincoln. On April 4, 1905, I received this letter addressed from 104, Sternhold Avenue, Streatham. "I should feel much obliged if you would recommend a firm of stockbrokers, London or Provincial. Awaiting with interest your early and favourable reply, yours faithfully, John Earle." I had never heard of "John Earle." In reply I wrote, "I have received your letter of yesterday, from which I understand it is your wish to have the names of brokers who are dealing freely in the shares of the company. If you address your inquiries to Messrs. Vickers and Son, Lincoln, Mr. R.N. Whaley, Lincoln, or Messrs. Blake and Wheeler, Leicester, I have no doubt you will be able to transact business satisfactorily." A day or two afterwards I had a letter from Messrs. Vickers thanking me for having mentioned their name.
Cross-examined. I frequently receive letters like that addressed to me by Earle. It is quite a usual letter and it is quite a usual thing for the secretary of a company to give the names of brokers dealing in his company's shares. In my letter I did not recommend at all. I simply mentioned the names. I thought the writer wanted to deal genuinely in the shares of the company. I did not recommend the writer as a reliable person to Messrs. Vickers. My letter does not infer that he was. I knew nothing about him.
FRANCIS HENRY PITTAM , clerk to Messrs. Walter and Walker, stockbrokers, Bartholomew House, Bartholomew Lane. On February 2, 1906, we received the following letter, signed "John Earle," addressed from "Tranville," 60, Penwortham Road, Streatham Park: "I should be glad if you would kindly inform me your commission for selling one hundred (100) Norfolk and Western Railroad Common shares. Your firm has been recommended to the writer by Mr. C. H.C. McIlwraith. My bankers are the London and County,
Streatham Branch." I did not know "John Earle," but I knew the firm of McIlwraith, McEacharn and Co., Australian merchants, Billiter Square Buildings. We replied to the letter, and later sent him a copy of the "Dairy Syndicate" prospectus. On May 4 we received from "John Earle" an order to purchase 150 New York and Ontario and Western Railroad Common shares for the cheapest price obtainable. We fulfilled the order and sent him the contract, the price with brokerage being £1, 426 18s. 6d. On May 7 we received this order—"Kindly sell Ontarios, anticipate buying cheaper early date.—John Earle." The shares had risen, and there was a profit of £43 Os. 6d., which we forwarded. On June 11 we had an order to buy £2, 500 Russian Fours for June 28 account, upon which we acted, and on June 16 a further request to purchase an additional £2, 471 17s. 6d. Russian bonds at cheapest price obtainable. We replied, "As the stock is very risky just now we must ask you to send us a cheque for cover, especially as we have not done much business for you. We ought at least to have a sum of £✗to your credit, as the amount previously bought shows a loss of £70 at present price." Receiving no reply, we wrote again on June 22, asking for instructions, and stating that in view of the unsettled state of Russia we should not be prepared to carry the stock over. In reply we received a request to arrange delivery of the Russian bonds until the mid-July account. On June 26 we wrote: "We are in receipt of your letter of yesterday's date, and regret we are unable to carry over your Russian bond's, as previously informed in our letter of the 22nd inst. Will you, therefore, kindly arrange for the bonds to be paid for by your bankers in London on account day." Receiving no reply we wrote informing "Earle" that we had sold the bonds, and asking for a cheque for £60 7s. 8d., the difference. My firm had to pay that sum. On receipt of his letter of February 2, stating that my firm had been recommended by Mr. C.H.C. McIlwraith, we thought he was a perfectly sound man, because we knew the firm of McIlwraith and Co. would not recommend anybody who was not perfectly sound.
Cross-examined. There is no statement in prisoner's letter of February 2 that he has been recomonended to us by anybody as a reliable man. We made no inquiry of his bankers, as we had no doubt that our firm had been mentioned to him by McIlwraith, and we took it. rightly or wrongiy, that McIlwraith's were recommending him to us. We knew that Earle was having what is called a "flutter." I am afraid it very often happens that a man who has a "flutter" is not able to pay his differences, but that does not by any means show that he is a fraudulent man. There is nothing wrong in speculating if you pay your way
Re-examined. If a man who has no property at all gets an introduction to a firm of brokers in order that he may speculate, that is very wrong indeed, and if he does it on a wholesale scale it is still worse. We regarded "Earle's" letter as in the nature of an introduction from McIlwraith's, who we felt sure would not introduce to us a man who was not a sound financial man.
ROBERT GAMBLES , director of Messrs. McIlwraith, McEacharn, and Co., remembered a man giving the name of John Earle calling at the premises of the firm in Billiter Square Buildings and asking for the name of a broker, with which witness supplied him, as he stated that he knew the senior director of the company. He did not recognise prisoner.
FRANK KING , 30, Quay Street, Newport, Isle of Wight, accountant and stock and share broker. On December 12 I received a letter from "John Earle" enclosing a letter from Mr. J.R. Tilling, secretary of the Royal Brewery, Newport, and saying, "I do not know whether you transact business in general securities or only in local stocks and shares, but in the event of the former being the case should be glad if you would kindly inform me your commission for effecting a sale of 200 Missouri, Kansas, and Texas Railroad Common shares, which are now in the neighbourhood of 43." I replied on the 13th that I did business in all claases of securities through my London agents, who are members of the London Stock Exchange, and that my commission was the usual one on the Stock Exchange—viz., 10s. per 100. On the following day I received an order by telegraph to sell 200 Missouri Common shares, upon which I acted. Next day (16th) I received a telephone message from my agents in London and also a telegram. On the following Monday I was in town, and, acting on the advice of my agents, I bought back the stock at a loss of £62 10s. I did not take the trouble to send any further communication to Mr. "Earle," and received no further communication from him. I looked upon his first letter with the enclosure as an introduction by Mr. Tilling, who had often recommended me clients for stock business.
Cross-examined. I thought prisoner had the stock to sell, but I cannot point to anything in his letter that should lead me to think that. The letter from Tilling, which "Earle" forwarded, does not convey that the two men were old friends. It convoyed to my mind the impression that "Earle" knew Mr. Tilling. As a matter of fact, it is not a recommendation, but a reference. If I had not stopped the deal it would not have resulted in a profit.
(Thursday, January 9.)
Mr. SYMMONS said that, having had a further opportunity of considering the case, he bad advised prisoner that the circumstances which he thought amounted to a defence did not really do so, and prisoner was therefore prepared to plead guilty to the four charges of obtaining credit.
Mr. Muir stated that in October, 1901, prisoner pleaded guilty to offences of the same class, and was bound over in his own recognisances to come up for judgment if called upon. In November, 1902, he was summoned on his own recognisances before his Lordship, who, being satisfied that he had repeated his guilty conduct, sentenced him to six months' imprisonment in the second division.
Liberated in May, 1903, in June, 1904, he was again convicted of the same class of offence and sentenced to 12 months' hard labour. On that occasion he had used a variety of names—Renfrew, Melville, Coombs, and Lacey.
Sentence: Six months' imprisonment; the Recorder expressing the hope that the leniency now shown would not be misplaced.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 8.)
BUTLER, Benjamin (21, labourer), who pleaded guilty on November 19, 1907, to possessing and uttering counterfeit coin, and was released on own recognisances, appeared for judgment. The Common Serjeant stated that, having received two reports from the Church Army that the prisoner was getting an honest living and conducting himself properly, he would pass a sentence of one day's imprisonment.
Sentence: Four months' imprisonment in second division.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 8.)
WINTON, Herbert (21, clerk) ; uttering a certain order for the payment of money, to wit, a banker's cheque for the payment of £5 17s. 3d., well knowing the same to be forged, and with intent to defraud; uttering a certain order for the payment of money, to wit, a banker's cheque for the payment of £11 9s. 3d., well knowing the same to be forged, and with intent to defraud; obtaining by false pretences from Arthur Whitfield Wilkinson goods value £1 16s. 3d., from Henry Thomas Vacher the sums of £5 0s. 5d. and £2, and from George Henry James the sum of £5 0s. 10d., in each case with intent to defraud.
Mr. Joseph Ricardo prosecuted; Mr. Daniel Warde defended.
EDWIN ALBERT URIDGE , grocer's assistant, employed by Mr. Vacher, 112, Norwood Road, S.E. It is my duty to call on various customers. Among others I called on Mrs. Thornton, 31, Trinity Road. On one occasion I called upon her with reference to a cheque which was paid to us, and the bank did not meet it I saw Mrs. Thornton and her son, whom I recognise as the accused. I understood him at that time to be the son of Mrs. Thornton. On November 16, between six and seven in the evening, prisoner came into the shop and asked to see Mr. Vacher. I was standing at the end of the shop; I did not hear the conversation, but I saw him; he walked to the cashier's desk
at the other end of the shop, and I saw some money passed over. I have no doubt whatever about the man. That was on a Saturday; he came in again on the Monday evening.
Cross-examined. I should say it would be about two months before November 16 that I saw the man at the house of Mrs. Thornton. I only saw him once at the house. There are people constantly coming and going in the shop on Saturday evenings. It would be some time in the evening when I saw him at Mrs. Thornton's house; I am sure it was later than five o'clock. I saw him on one other occasion, in the summer, in the Norwood Road. I am a roundsman, and I see a good many people in the course of one morning in Norwood Road. Those are the only occasions on which I saw this man. On the Saturday night when he came into the shop Mr. Vacher was standing in the shop, and prisoner spoke to him; he did not speak to me. He came again at about the same time on the Monday evening and spoke to Mr. Vacher. He did not speak to me.
Re-examined. When he came on the Monday evening they stood at the cashier's desk; I did not see anything that happened.
HENRY THOMAS VACHER , grocer and provision dealer, 112, Norwood Road. Between six and seven o'clock on the evening of November 16 I cashed a cheque for £11 9s. 3d., taking a contra account of £4 8s. 10d.; of the balance I gave £5 0s. 5d. on the Saturday, in cash, and on Monday, the 18th, I gave the odd £2, between six and seven o'clock, to a man of the name of H. Thornton. I do not recognise the prisoner as the man. The bill that was paid was in the name of Mrs. Thornton. I identify the cheque produced.
ARTHUR WHITFIELD WILKINSON , manager to Messrs. Rawle and Sons, harness contractors, Blackfriars Road. On November 21, between six and half past, prisoner came into our shop and asked to see the manager. I said, "You are looking at him." He said, "Mr. Madge of Peckham, who is a coal merchant, recommended me to come and see you with reference to some harness" He said he did not know anything about harness himself, and was being guided by Mr. Madge, who has been a customer of ours for many years, and he recommended him to come to us. He asked me to send a man to the Midland Coal Depot, Rye Lane, Peckham, to measure for two set of harness in the name of A.H. Turner, and during general conversation he said that he wanted some bags. I took a bag from the window, valued £1 6s. 6d., which he selected, a leather kit bag. Then he said that he required a small bag for collecting purposes, and selected one valued 9s. 9d. I suggested that I should send the bags home in the morning by the man that I sent to measure the harness. At first he agreed, but on second thoughts he said that his brother, who was going to another depot, would want the bag before, our man arrived, and he would take the large bag with him. I suggested that if he took the large bag the small one would go inside it and that he should take them both. He gave me a cheque in payment, drawn in the name of A.H. Turner, for £5 17s. 3d. (produced). It was ready drawn when he brought it, and endorsed, just
as it is now, with the exception of the "no account" mark. I asked him if it was all right. He said he had received it from a customer and intended cashing it himself, as it was an open cheque, but business had detained him and he was too late for the bank. I told him that I should not be able to give him the change; he did not hesitate a moment; he did not make any remark; I said, "I will send the change up in the morning by the man." He said, "That will do." He then left the cheque with me. He came back in two or three minutes with the remark, "You will remember the name 'Turner,' not 'Madge,' because Turner and Madge have offices in the same yard." I have never seen him since, except at the police court. I suppose that conversation took about ten minutes or a quarter of an hour. He came the next morning for the change, but I did not see him. I had sent the junior clerk to the bank to cash the cheque, but, of course, they refused to pay him; they kept the clerk and telephoned to us.
Cross-examined. Madge is a customer of ours; he is also a member of the Camberwell Borough Council and has businesses in many places. We have done work for him for many years, and he has recommended customers to us on many occasions. It is true that Madge and Turner have depots in the same yard. The man who came to me gave me the impression that he had been in communication with Mr. Madge. I should say it was about a quarter to ten when he called the next morning, certainly later than half past nine. I did not see him because I was out. To the best of my belief prisoner is the man that I saw. He is dreased differently now from what he was then. When I identified him there were about a dozen men there, and I had no hesitation in picking him out. As he sits now, I could almost swear that he is the man. I see so many people, and there was nothing special about him except a peculiar coat that he had on. I could swear to him if he had that coat on.
Re-examined. I did give evidence at the police court as to his being familiar with Mr. Madge, but of course they do not take down everything that is said. He gave his name as A.H. Turner. I did not know at that time that there was an office of the name of Turner opposite Madge's office; I have ascertained that since, and I have seen Mr. A.H. Turner. Prisoner is not Mr. A.H. Turner. There are two Mr. Turners, brothers, and they are both young men.
HENRY AUGUSTUS SMITH , of H.A. Smith and Sons, 44, Curtain Road. We bank with the Union of London and Smiths Bank. These✗ forms (produced) were taken from a cheque book that was stolen from my place. Our office was broken into during the night of October 23 and the cheque book was stolen out of the safe drawer; those are two of the cheques.
ALBERT GEORGE DENTON , manager of the Union of London and Smiths Bank, Cornhill. The forms produced were issued to H.A. Smith and Sons. We have no client of the name of Spicer, nor of the name of A.H. Dawson.
Inspector EBBAGE. I arrested the prisoner. I told him I was a police officer and should arrest him for uttering a forged cheque to Mr. Parker, of 112, Norwood Road. He said, "You have made a mistake." He was taken to the Brixton Police Station and charged. Later on I told him he would be detained during the night and in the morning charged with forging a cheque. He said, "I know nothing about it." He was subsequently charged, and said, "It is a lie." He refused to allow me to inform his friends. He gave his address as 31, Trinity Road, Tulse Hill. That was a false address; he had previously lived there, but had left about ten days.
Cross-examined. He did not tell me he was living in Coldharbour Lane. I arrested him at Messrs. Barclay and Fry's, printers and stationers, Southwark street, where he had been employed for about four years. His hours there were from 9 a.m. to 6 p.m., except on Saturday, when he left at 1 p.m.
HENRY REGINALD FRY . Prisoner has been in the employ of our firm for about four years. During that time we have found him an honest young fellow. He was in our employment at the time he was arrested. His wages were about 31 shillings a week. I do not know his age. He has borne the name of Winton in our place, not Thornton. (To the jury.) We do not keep a time book. I could not say whether prisoner was on our premises at a quarter to 10 on the morning of the day in question. It is possible that he might have slipped out.
Verdict, Not guilty.
Mr. J.F. Vesey FitzGerald prosecuted.
EDWARD TONG , labourer, 7, Minster Road, Faversham, Kent. Prisoner is my brother. On October 14, 1893, he was married at Ospringe Church, just outside Faversham, to Mary Jane Bramble. I signed the register. I last saw Mary Jane Bramble on Boxing Day at the Salvation Army Barracks, Faversham. They lived together as husband and wife from the day they were married until about three years ago, at Selling, Eastling, Ospringe, and Faversham. They separated three years ago, or two years ago, last February. They have no children.
CAROLINE ALICE GALLARD . On December 25, 1906, I went through a form of marriage with prisoner at St. John the Divine, Kennington. I produce the certificate of the marriage. Prisoner described himself as William Routledge, bachelor. I have always bean called Mrs. Routledge. I did not know that his name was Tong till he was taken away. I lived with him until he was arrested in December 1907.
That was the first time that I ever heard of his having another wife. I did not give him in charge, and I do not wish to prosecute in any way now; he has been an excellent husband to me, and I mean to do all I can for him, because I think that if his first wife had been a proper woman he would never have left her.
EDWARD TONG (recalled.) My father is alive; his name is William Tong. I do not know anything about the name of Routledge, except that when my brother left his wife and came up to London to live he took that name.
Detective ROBERT BONE , W Division. On the morning of December 4 I found the prisoner at the Canterbury Police Station. I told him thait he would be charged with feloniously intermarrying Caro line Alice Gallard on December 25 at St. John the Divine, Kennington, his wife Mary Jane Tong being then and now living. He said, "That is quite right; I knew my wife was alive at the time, but she is no woman; I did not know I was doing any harm; I was told it would be all right." I took him to Brixton Police Station and he was charged. He said, "That is right." I compared the certificates of the two marriages with the originals at Somerset House.
WILLIAM TONG (prisoner on oath.) When I married Mary Jane Bramble I took her as a pure woman, and after I had been married a short time I found out that she was not properly constituted. I informed her of her condition, and she said it was an affliction. I questioned her parents and other people about it, and proved that it was so. After that I lived with her till I could do so no longer; her treatment of me became worse; she treated me badly and neglected the home. I thereupon told her I would leave her if things did not alter; she did not alter, and I left her and came to London. Some time after I was out with a friend, and he introduced me to a man, who he said was a solicitor. I stated my case to him and asked him if my marriage to this person was legal; I paid him 10s. for the advice; he asked me to allow him a week to consider the case; when I met him again he informed me that my marriage was not legal, and I had done perfectly right in leaving the woman. Some time afterwards, not feeling satisfied, I asked this gentleman if I had a right to marry again if I had the opportunity. He again asked me to allow him time to consider it. I paid him another 10s., and in a week he informed me that I had a right to marry again, seeing my first marriage was not legal, therefore when I met Miss Gallard and became acquainted with her I married her under the impression that I was doing the right thing. I would sooner have been followed to my grave than have done such a thing as this if I had not been advised that it was all rigtit.
Cross-examined. I first discovered my wife's condition about two months after we were married, and that is when I first complained about it to her. Then I made inquiries about it of other people
and found out what it was. The solicitor did not give me any advice as to what steps I ought to take to annul the marriage. I did not know that until it was annulled I was still married. I do not know the solicitor's name. I changed my name because I did not want my wife to know where I was. I did not think I was doing exactly right in leaving her, but I was not sure, so I got advice.
EDWARD TONG (recalled). After my brother was married he had a very bad life with his wife; they lived like cats and dogs, because the person he had married was a very bad manager. I wonder at my brother ever stopping with her at all. He was always very fond of children and he never had any. That was one reason that led to our finding out what this woman was. It was explained to us that she was not a pure woman. That has been proved by the police at Faversham. When my brother left Faversham this person threw herself on the parish. It is a rule that people going into the Union must bathe. This woman refused to have a bath, and she had to be made to bathe; that was how it was discovered. I do not believe that my brother would ever have left her if she had been a good woman to him. I am a labourer in the cotton powder factory. They lived together about 11 years. I have known the woman to go away from home for a month and six weeks at a time.
Verdict, Guilty. Sentence: Two days' imprisonment.
Sentence: Each bound over in his own recognisances in the sum of £20 to come up for judgment if called upon. In the case of Hupfer, Mr. Jacques Hasler gave an undertaking to send him back to Switzerland.
Mr. Grain prosecuted.
WILLIAM ARCHER , detective in the employ of the Great Northern Railway Company. On December 24. about 9.50 p.m., I was on duty at King's Cross Station when I saw the prisoner with another man. There were a lot of trucks loaded with parcels. I saw prisoner go towards the trucks, then I missed him for a short time, and afterwards saw him coming down No. 1 platform with a bale on his shoulder. I and another officer followed him out of the station to the top of Euston Road, and there we stopped him. I said, "Where did you get that from?" He said, "Another man gave it to me to carry." I said, "Who?" He made no reply. I said, "We are police officers, and shall take you into custody." I took him to the Great Northern Police Office and examined the bale. I found that it was a bale containing cloth for Bradford. He refused to give any name or address. He was the a handed over to a Metropolitan policeman. (To Judge Lumley Smith.) The parcels were loaded on hand-trucks or
trolleys. Prisoner was merely going up to where all the hand-trucks were assembled, I did not see him going to any particular truck. It was about a minute and a half afterwards when I saw him carrying the bale. I did not see him take it off the hand-truck. The ticket showed that it had been put in at the Old Street Receiving Office and sent up to King's Cross.
Cross-examined. Prisoner had carried the parcel about 300 yards when I arrested him. There was no other man there. There was another man when I saw him going towards the luggage, but I did not see that other man again.
Detective PENNY , Great Northern Railway Company. I was with the last witness, and saw and heard the same as he. Prisoner is not in the employment of the company. When I first saw him going towards the trucks there was another man with him. They were both str✗gers to me. I did not see the other man again.
JOHN URE , packer in the employ of Messrs. Peerless and Sons, 61, Old Street, cloth merchants. On December 24 I packed up some cloth in a bale. I saw the bale and contents at the police-court. By the direction of the magistrate the wrapper was taken off and the goods were forwarded. I identify the wrapper produced.
FREDERICK WILLIAM DOUGHTON , parcel porter at the Old Street Receiving Office of the Great Northern Railway Company. On December 24 I received a bale to be forwarded to Bradford. I produce the book in which it was entered. The bale was forwarded to King's cross.
HENRY PELLING , clerk at King's Cross Station, Great Northern Railway Company. On December 24 I received a bale with the wrapping produced. The bale was booked and put upon the platform to be despatched to Bradford.
Police-constable FRANK WOODLAND , 578 Y. On December 24 I was called to the police office of the Great Northern Railway Company, where prisoner was detained, and he was given into my custody. He made no answer to the charge.
Sergeant GOODCHILD, Y Division, proved several previous convictions.
Sentence: 18 months' hard labour.
COHEN, Solomon (18, tailor), pleaded guilty of forging and uttering a certain request for the payment of money with intent to defraud. and was released on his recognisances to come up for judgment if called upon.
JARVIS, John (31, bricklayer), pleaded guilty of breaking and entering the shop of Abraham Levy, with intent to steal therein, and of being found by night having in his possession, without lawful excuse, certain implements of housebreaking, to wit, one bit, one screwdriver, and one key.
Previous convictions were proved.
Sentence: Two years' hard labour.
FLIPPING, William (48, labourer) , being entrusted with the sum of £13 10s., the moneys of Elijah Courts, in order to retain the same in safe custody, did fraudulently convert the same to his own use and benefit.
Mr. Waterlow prosecuted; Mr. Eustace Fulton defended.
ELIJAH COURTS , labourer. I lodge at 22, St. Anne Street, Lime-house. Prisoner also lodged there. On Sunday, December 8, we were in the "Frying Pan" public-house in Brick Lane together, and prisoner wanted to go away. I went outside with him and said, "What do you want to go away for, cannot you stop with me?" He said, "No, I have had quite enough off of you"; so I said, "I have got some money on me, and I am in bad company; I should like you to mind it for me." He said, "How much?" I said, "£14; you can take half a sovereign out of it, that is if you are in need of it, and I will see you about Monday or Tuesday." I then went back into the "Frying Pan." When I saw prisoner again on the Monday he said, "When I asked the deputy of the lodging-house for the money she said, 'You did not give me any money." I went to the lodging-house to see her, and she said the same to me. I went to the police station in West India Dock Road, and they said they could not do anything for me. Then I went to the Thames Police Court and gave prisoner into custody.
Cross-examined. It was on the Wednesday that I gave him into custody. I have known him a great many years and have worked with him. He is a very respectable man so far as I know. I gave him the money to take care of because I was afraid that some of the people I was with might relieve me of it. I made the suggestion that he should take care of it. He came to me on the Monday. I have been at the lodging-house about 15' years on and off. There are about 400 people there. If I had gone back to the lodging-house that night I should probably have taken the money into the cabin where I was sleeping. When prisoner came up to me he told me a story and asked me to go back to the lodging-house with him to see the deputy, to whom he had given the money. He also went with me to the police station, and he wanted to be locked up then. He was not arrested until the Wednesday at the lodging-house. He made no attempt to escape.
LOUISA LOVERIDGE , deputy, of 22, St. Anne Street, Limehouse. Prisoner and prosecutor both lodged with me. Prisoner has never handed me money to take care of. On December 9 he came to me and said, "Will you give me that?" I said, "What?" He said, "Did not I give you some money yesterday. Did not I give you some gold?" I said, "You did not." He said, "If you do not give it to me I will go and fetch the man it belongs to." Then he fetched the other man, and my husband went with them to the police station.
Cross-examined. I did not see prisoner on December 8. I do not know whether he lodged at the house on the Saturday, because I went shopping and my husband took the money. I know he lodged there on the Sunday, because I was there when he took his ticket.
He came first thing on the Monday morning and asked me for "that." I did not understand what he meant. My husband went out at about half-past six on the Monday morning on his bicycle for a run. He came back at about 10 or 20 minutes to eight and went to bed again. He very often goes out for a run at about six in the morning and comes back and goes to bed again till about 11. I have been deputy of this lodging house about seven months, and during that time prisoner has been there about four times. The man who lost the money came on the Saturday previous and paid a week in advance.
CHARLES HARDY . I assist in the management of the lodging house. I was there on Sunday, December 8, from half-past two to a quarter to four. If the prisoner came into the office at half-past three I would have been obliged to see him. I did not. I went and got the missis half a pint of stout at about half-past two.
Cross-examined. I am in the employ of the deputy. When I got my witness summons I went to see Mrs. Loveridge, and we went up to the court together. She said to me, "I suppose you remember Sunday afternoon." I gave just the same evidence at the police court as I have given here.
ROBERT GOODWIN , stepson of the deputy. I know prisoner. On Sunday, December 8, I had dinner with my mother at about a quarter-past three; I was with her till about four. No one came in during that time.
Cross-examined. The last witness came in during that time. The first I heard of this case was when the detective asked me to go to the police-station. My mother had said something to me about it on the 9th, the Monday. She said, "Did you see anybody come in here on Sunday and give me £13 10s." I said, "No, mother."
Detective BAKER . I arrested prisoner on Wednesday, December 11. I saw him on the 9th and told him I was making inquiries about £13 10s. that was given to him on Sunday, the 8th, by prosecutor. He said, "Yes. As I told you before, I gave it to the deputy's wife at the lodging-house." I said, "What time did you give it to her?" He said, "About 3.30." I said, "Have you got any receipt?" He said, "No, I did not get a receipt." I asked if anyone saw him. He said, "No, I do not think anyone did." Then on the 11th I went to the lodging-house and saw him in the presence of the prosecutor, who gave him into custody. At the station he made no reply to the charge.
Cross-examined. I have made inquiries as to the prisoner's character. He has never been convicted, except for drunkenness, but he is a man who associates with bad characters. He is a dock labourer and they are a very mixed lot. The lodging-house is one that is frequented by many thieves.
working for one firm for over 20 years. I have known prosecutor about 14 years. I have known Mrs. Loveridge for about four or six years before she came to this lodging-house; she used to live opposite. Prosecutor asked me to mind this money for him. I think it was about three o'clock. He counted me out 12 sovereigns and four half-sovereigns, all new gold. I took the tram up to the top of the street and went indoors. I sat for a few minutes smoking, and I thought if anyone here knows that I have got £14 I shall get a crack on the head and get it took away from me. I was going out to get something to eat at the coffee-shop, just about half-past three and Mrs. Loveridge was standing outside the office door, leaning up against the door frame with her arms folded. I said, "Missis, will you mind some money for me?" She said, "How much have you got?" I said, "I have got some gold." She said, "Come inside." I went into the office and she shut the door. I said, "I have got £14 here; it don't belong to me; it belongs to my mate who came home from Canada. I left him at Brick Lane, and he won't be home to-day. He told me I could have half a sovereign. I will take that away; that will leave £13 10s. Don't you give it to anybody else." She said, "That will be all right, Bill." The next morning I got up about seven o'clock, got no work, and came back about nine. When I asked her for the money she said, "You left me with money?" I said, "Yes; did not I leave some gold with you yesterday?" She said, "Have you been dreaming?" I said, "Did not I leave you with £1310s.?" She said, "No; I did not see you all day." I said, "You are trying to swindle me." I then went and found prosecutor and told him about it. We went back to the office together, but she would not give us anything. We then went down to the police-station, and I said to the prosecutor, "Lock me up if you think I have stolen the money." When I went for my ticket that night at the lodging-house they refused to take me in, and I went to the other house. I still say, upon my oath, that I gave this £13 10s. to that woman, and she is trying to best me out of it.
Cross-examined. Courts did not tell me to give the money to the deputy's wife, but I thought she was a trustworthy woman and could lock it up. When Courts gave me the money we had had a few drinks, but we were both sober.
Verdict, Not guilty.
BEFORE MR. JUSTICE BIGHAM.
(Thursday, January 9.)
Sir Charles Mathews, Mr. Bodkin, and Mr. Arnold Ward prosecuted Mr. J.R. Randolph defended.
Detective ALBERT SQUIRES , B Division. I produce a plan of a portion of Warwick Street and Hindon Street, Pimlico. Warwick Street is about 28 ft. wide and crosses nearly at right angles Hindon Street and Denbigh Street, which are between 30 and 36 ft. wide.
Cross-examined. There is a slight rise starting from St. Leonard Street and continuing to Warwick Street, a distance of about 60 yards.
ROSE ANN MUNDAY , 24, Sutherland Street. I am a dressmaker. The deceased was my mother. She lived with me and was about 56, and was in good health and of active habits. She was used to London traffic. On December 23 we left home a little after 11 p.m. to go shopping. There were a good many people about, and a lot of costermongers' stalls and shop stalls. My mother and I were crossing Denbigh Street in the direction of Fox's the grocer when we saw a motor car coming from Victoria. I saw it when we were on the kerb by the butcher's shop, and thought we should have time to cross. When we got into the middle of the road the car seemed to be suddenly upon us. I stayed where I was, in the middle of the road, and had not time to catch hold of mother. She hurried across and got on to the kerb, and the car got up on to the kerb and caught her. My mother did not hesitate before she ran on. The car seemed to drag her underneath it. It ran on the kerb before it caught her. There was no horn, hooter or bell sounded on the car.
Cross-examined. The costermongers' stalls are in Warwick Street. The streets were rather quiet to what I would expect to find them. My mother was further from the motor car than I was. She did not hesitate, but ran faster to go across the road.
Re-examined. The market is where Hindon Street runs into Warwick Street and joins Denbigh Street.
ANTHONY CHARLES CORNELIUS MINCING , clerk, 11, Clarendon Street, On December 23, about 11.30 p.m. I was walking in Wilton Road, coming from the direction of Victoria Station. Opposite St. Johns Church I heard a noise, and before I had time to turn round two motor cars passed me at tremendous speed, one about 50 yards behind the other. Each car had a driver and a young girl. I crossed the road and looked at a newspaper shop, then I heard some shouting. Previously to that I had seen the cars cross Warwick Street. A Royal Mail van crossed between them. I went into Denbigh Street and saw a crowd, and the motor car partly on the pavement and partly on the roadway.
Cross-examined. The postal van did not cross St. Leonard Street, but Warwick Street. I am not a judge of pace.
Police-constable WILLIAM LAMBKIN , 314 B. I was on duty on December 23 about 11.30 p.m. near St. John's Church in the Wilton Road. That is near Gillingham Street, which crosses Wilton Road at right angles. I saw the two motor cars coming from the direction of Victoria Station, about 30 or 40 yards apart. They were going about 12 or 14 miles an hour. I saw Davis on the first car with a
young girl. There was lot of pedestrian traffic in Wilton Road, but only a few vehicles. That part of the Wilton Road is a shopping district. At Denbigh Street I saw the prisoner's car partly on the pavement and partly in the road, and the deceased woman lying in the road.
Cross-examined. I was at the corner of Gillingham Street when the police whistle was blown. That is 30 or 40 yards beyond St. John's Church. I had been standing at the corner of Gillingham Street for a few minutes.
SAMUEL GIN , 31, Hindon Street, greengrocer. My house is about 30 yards from the corner of Warwick Street and Denbigh Street. On December 23, about 11 p.m., I was standing outside my Shop with my son, and saw a motor car going from Victoria Station up Hindon Street. It was going very swift. Prisoner, was driving it. Shortly after it passed me I heard a scream and walked across to where the accident had taken place. I did not hear any horn or hcoter.
Cross-examined. The crowd was rather hostile to the driver. I am no judge of pace.
ALBERT WILLIAM JOHNSON , 161, Vauxhall Bridge Road, Lancecorporal, Military Foot Police. On December 23 about 11.30 p.m. I was in Hindon Street and saw a motor car pass me travelling at a high rate of speed. A short time after I heard a scream. I followed and saw an injured woman lying in the road, just off the pavement. The car was half way on the pavement and half way on the road. I had not heard any horn or hooter.
Cross-examined. There was nothing to attract my attention to the ear as to whether the hooter was sounded or not.
ARTHUR ANDREW IRELAND , clerk, 6, Charlwood Street. About 11.30 p.m. on December 23 I was standing at the chemist's corner of Warwick Street and Hindon Street and saw a motor car coming up Hindon Street rather fast. I saw Miss Munday and her mother crossing the road. As the car was crossing Warwick Street the two ladies were about the middle of the road. They did not seem to realise their danger until the car was directly upon them. I saw the elder lady hesitate slightly before making for the pavement; she half stopped, and then ran towards the pavement. The car driver turned on to the pavement to avoid her. The car was about four and a half yards from her when the driver began to turn to the left. It all happened in a couple of seconds. The deceased was caught by about the middle of the oar, either just on the pavement or just before the got to the kerb. I think the deceased was dragged about three yards. The car pulled up in just over its own length—about 5 or 6 yards. The car ran up on to the kerb about the middle of Denbigh Street in front of Fox's the grocer. I did not hear a hooter, bell, or horn sounded. I would not be prepared to swear that no sound came from the car. If the driver of the car had turned to the right instead of the left I think he would most probably have struck the younger lady who was standing still, Miss Munday.
Cross-examined. The ladies appeared somewhat confused. The car caught the elder lady just before she reached the pavement.
JAMES ROSS SMITH , 6, Smith Street, Westminster, labourer. About 11.30 on December 23 I was near the grocer's corner of Denbigh Street, going towards Victoria. I saw two cars coming from Denbigh Street towards me, between 40 and 50 yards apart. I heard someone shout "Oh," and turned round and saw a woman underneath the car. Two wheels of the car were on the pavement. I did not hear a horn, hooter, or bell sounded. The car was going very fast. There were a number of people about, it being a market place.
Cross-examined. I am no judge of pace. I did not see a postal van.
Police-sergeant WILLIAM KEMP , 17 B. On December 23 I was on duty in the neighbourhood of Warwick Street, at the junction of Hindon and Denbigh Streets. There was the usual crowd of pedestrians, being Christmas time, and costers' barrows along the street. There was a larger crowd than usual.
Cross-examined. I was at that point about three-quarters of an hour before the accident.
Police-constable FREDERICK ROOKS , 102 B. At 11.30 p.m. on December 23 I was on point duty at the junction of Warwick and Tachbrook Streets. Hearing some cries I ran in the direction of Denbigh Street and saw the motor car. There was not a great deal of vehicular traffic, but there was an unusual number of people, some on the pavement and some crossing the road from one stall to another. There were stalls on both sides of the road.
Police-constable THOMAS SWIFT , 273 B. On December 23, about 11.30 p.m., there was a large number of people about Denbigh Street and Warwick Street, about the usual number that there is every Saturday night.
JANE ZWEE , 162, Vauxhall Bridge Road. I am 16 years old and am living with my parents. I am learning millinery at the Burlington Arcade. I have known prisoner three months. I was introduced to him by Charles Randall, the driver of the second car. On the evening of December 23 I saw my friend Cissie Anderson about 9.45 p.m. in Denbigh Street,. where she lives. About that time I saw prisoner ✗pas up Denbigh Street. I did not speak to him. Cissie and I went to a public-house called the "Constitution," in Churton Street, and saw the prisoner's and Randall's cars outside. They came out, and the prisoner said he had to be at his employer's place in the park in five minutes. Prisoner drove away, and Cissie and I drove in Randall's car to Charing Cross, where Randall stopped at a public-house. We remained in the car. Then we went to Chapel Mews, to a public-house there, where we had two glasses of port. While we were there prisoner came up in his car and Randall asked one of us to get into prisoner's car. I did so, and Charlie and Cissie drove off. Prisoner
went inside the Chapel Mews public-house. I do not know what he had. Prisoner said he would catch Charlie up. We went up Grosvenor Place into Grosvenor Street. Randall stopped to let us go by. Then we went into Buckingham Palace Road and worked our way round into Wilton Road. When we got to the top of Hindon Street I saw two women crossing the road. When they saw the car they rushed back to the side they had come from. They were right in the middle of the road when I first saw them. When they got near the pavement the young woman turned round and seemed to push the elder woman towards the car. The elder woman went to run back across the road. The car went to clear her, and the next thing I knew was the woman was underneath the car wheel and the car was on the pavement.
Cross-examined. I did not see prisoner to speak to till about 11 p.m. What we had to drink we had with Randall before prisoner came back.
Re-examined. Warwick Street was rather busy.
CECILIA GERTRUDE ANDERSON , 16, Denbigh Street. I am 16 years of age. On December 23 I drove in Randall's car. I did not notice how fast the other car was going. We eased up in Grosvenor Place to allow the other car to go by. When prisoner's, car passed St. Leonard Street a postal van passed across and we had to ease up for it to pass.
CHARLES RANDALL , 11, Elm Mews, Lancaster Gate, chauffeur. My car has been passed by Scotland Yard as a cab for the streets; it is slower than prisoner's car. It will go about eighteen miles an hour. Both the young ladies were going to be set down at the corner where the accident happened. In following prisoner's car along Hindon Street a post van came across St. Leonard Street rather suddenly, and it made me pull up dead, and after that I had to start again at first speed.
EDWARD MORRIS , house surgeon, St. George's Hospital. At midnight on December 23 Maria Munday was brought to the hospital. She was unconscious and was bleeding from a wound on the right side of her head three inches in length. She had her skull fractured, and had bruises on her body. She died the next day at three o'clock.
Inspector ALFRED WILLIAMS , A Division. I was summoned on the night of December 23 to Denbigh Street, and arrived at about 11.35. I saw a motor car with the two near side wheels on the pavement and greater part of the car was also over the pavement. Prisoner was sitting on the front of the car. About 5 ft. in front of the car I saw a woman lying on the roadway very seriously injured and unconscious. I saw to her removal and took the names of witnesses. At 11.57 prisoner got off his box, and I said; "The witnesses say that you have been racing with another driver and driving at a dangerous speed, and that you have knocked this woman down. The doctor says she is dying." He said, "Yes." I said, "I shall arrest you and take you to the station." He said, "Yes. Will you take the car,
too?" His manner seemed rather peculiar, which, I think, was caused by shock or fright. On the way to the police-station I said, "Do you know the other driver?" He said, "Yes. I had been to meet someone at a place, but missed him and was going down to see about it. If the woman bad stopped where her daughter did and not run across, this would not have happened." At the police-station the witnesses were present and made statements in the prisoner's hearing. During the investigation he said, "I do not know how it happened. Some of them say I was going 40 miles an hour, but the policeman says 12 or 14. You know as much about it as I do. I was going about 10 or 12 miles an hour—about 12." Addressing me personally, he said, alluding to the injured woman, "She was near the kerb. It would look almost as if I had turned into the kerb to run into her. A girl was on the car. She rode from Victoria to Warwick Street." I said, "Who is the girl? She may be a useful witness for you." He said, "I do not know her. She is only a young girl. Two of them asked us at Victoria to give them a ride. I do not know what they are nor where they came from." He was charged then with causing grievous bodily harm, and when it was read over to him he said, "I have no one. No one who knows me saw it." The car was a 17-h. p. Mors.
Cross-examined. Miss Zwee was not there when I got to the scene of the accident. The first time she was mentioned was at the police-station.
Cross-examined. Prisoner has been in my employ from 3 1/2 to 4 years, and has driven us constantly for the last six months, after learning to drive. He is a very careful and steady driver.
CRAWFORD HENRY DAVIS (prisoner, on oath). I am a chauffeur in the employ of Miss Joseph. On December 23, after leaving her at her house, I drove across the park to Chapel Mews, thinking I should meet Randall. I ought to have gone to 39, Hyde Park Garden Mews, where the car is kept. At Chapel Mews I took Miss Zwee on the box of my car, and passed Randall in Grosvenor Place and then drove on down the Wilton Road into Hindon Street. Randall's car at first speed would go six or seven miles an hour. I was not driving at any excessive speed. There was no other vehicular traffic. There was a lot of foot traffic on the pavement, but none in the road. When I got to Warwick Street there were a lot of people standing in the road, all over the road in fact, and I made the car run of itself up the incline through Warwick Street. I blew the horn just after I left St. Leonard Street, and the people who were standing
in the road moved away. Then I saw two persons just beginning to cross the road from the butcher's shop. I kepi on going and they stopped in the middle of the road, and I thought they were going to stop there to let me pass, so I went on. When I got within three yards of them one of them made deliberately to go across the front of my car. Seeing that here was more room to pass between the one that was running towards the pavement and the pavement than there was between the one that was running and the one that was standing still, I turned the car into the pavement and put the brakes on directly. If I had turned to the right I might have knocked the daughter down. One can pull no the car almost immediately. Of course, it depends on the pace, the weight of the car, and the state of the road. I had put my engine out of gear after passing St. Leonard Street I had to slow up as there were so many people about. If both women had stopped or if both had gone on I had my plan of action, but one stopped and the other went on. I did the beat I could at the moment, but, unfortunately, did not succeed in clearing her.
Cross-examined. I blew the horn after passing St. Leonard Street in order to give warning that I was going to cross Warwick Street, which is a very dangerous crossing. The car ran of its own accord up the rise to Warwick Street. I was not going at 10 or 12 miles an hour then. I was not going very-fast, but it was a little faster than I should have gone considering the amount of traffic there was there. I was going about six miles an hour. I was about 15 yards away when I first saw the women. I noticed them look at me, so I did not think it necessary to sound my horn again. They were not exactly in the middle of the street, but more or less in my track. There was plenty of room for me to pass, and I saw they had stopped.
Re-examined. When I said I was going 10 to 12 miles an hour I was referring to the statement of the policeman as to my pace going down the Wilton Road.
Verdict, Guilty. Sentence: Six months' hard labour.
BEFORE THE RECORDER.
(Thursday, January 9.)
Mr. Fletcher prosecuted.
ELLEN KELLY . I am a widow, living at a lodging-house in Flower and Dean Street, and am a machinist. On New Year's Eve I had been drinking, and on New Year's morning I was very drunk and do not remember what happened. When I went out I had 8s. in two purses, one being a finger purse inside the other. According to the officer
when prisoner was arrested they contained 5s. 5 1/2 d. I do not know prisoner and do not remember seeing him at all. When I got sober I found I had been locked up in the station, for which I was fined 3s. 6d. That is all I know about this case.
Police-constable JOHN CAMERON , 619 K. On January 1 I was on duty in Bow Road in plain clothes with Constable Pryke, and saw prosecutrix in company with prisoner. She was very drunk. Prisoner had hold of her left arm. At the corner of School House Yard prisoner, without any warning, struck her a violent blow in the face with his left fist, knocking her down. He then stooped down,. as I thought, to pick her up, but I saw when I got there he had her purse in his left hand. I said, "What is the matter," and he dropped the purse and ran away. I picked it up. Prosecutrix was nearly unconscious, and I assisted her to the station. She was bleeding from the nose and mouth. Prisoner was then taken to the station by Pryke. He was very violent, and Pryke required the assistance of another officer. I found two purses, one inside the other. Prisoner when charged made no reply.
BUTLER HOGAN , medical officer of the Stepney and Poplar Union, who attended prosecutrix, said her face and hands were plastered with blood, and after washing her face he found distinct evidence of bleeding from the mouth and nose, the result, in witness's opinion, of a heavy blow. Prisoner did not ask to be examined.
A previous conviction in 1902 was proved, and police evidence was given to the effect that prisoner had deserted from the army, and was finally discharged, as his services were no longer required. Since then he had worked as a painter, but for the last two months had done no work at all, and was known as the associate of convicted thieves. Prisoner produced a character from his former employers, by whom he was employed in the painting of the Tower Bridge, stating that they had found him honest, trustworthy, and had discharged him by reason of scarcity of work.
Sentence: Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, January 9.)
Prisoner admitted having been convicted of felony at Cardiff Quarter Sessions on June 29, 1907, receiving two months' hard labour for stealing. Upwards of 20 convictions with short terms of imprisonment for larceny and housebreaking were proved.
Sentence, 12 months' hard labour.
Prisoner also admitted having been convicted at South London Sessions on April 20, 1904, of warehouse breaking, receiving nine months' hard labour. He had also received three months' as a suspected person.
Sentence, 15 months' hard labour.
GIBBY, Benjamin James (39, labourer), pleaded guilty of breaking and entering a certain place of Divine worship, to wit, the Presbyterian Church, Regent Square, and stealing therein divers of the moneys of Thomas Bell and others.
Prisoner admitted having been convicted at Maidstone on July 2, 1905, of larceny and sacrilege, receiving two concurrent sentences of 12 months' hard labour. Other convictions: December 22, 1905, suspected person, nine months; June 2, 1903, West Kent Sessions, burglary, 18 months; March 18, 1902, North London Sessions, burglary, 12 months.
Sentence, Three years' penal servitude.
AITKEN, David Martin (42, traveller) ; obtaining by false pretences from George Henry Bond two diamond rings and other articles, the goods of Walter Ridgway, with intent to defraud; attempting to obtain by false pretences from Walter Hudson, certain articles of jewellery, the goods of Stanley Spiller, with intent to defraud; forging and uttering a certain order for the payment of money, to wit, a banker's cheque for the payment of £52 17s. 6d., with intent to defraud.
Mr. R.P. Mahaffy prosecuted.
Prisoner pleaded guilty of obtaining from Bond; the other indictments were not pressed.
Sentence, 14 months' hard labour.
HOBBS, Archibald Frank (31, clerk), pleaded guilty of forging and uttering a certain endorsement on a certain order for the payment of money, to wit, an endorsement on a banker's cheque for the payment of the sum of £1 19s. 6d., with intent to defraud; stealing two valuable securities, to wit, the said banker's cheque and a certain other banker's cheque for the payment of the sum of 18s. 6d., the property of Frederick Elijah Blaisdell, his master.
Prisoner admitted having been convicted at this Court on May 29, 1905, and receiving two years' hard labour. Other convictions: 12 months' for forgery in the Army Service Corps at Woolwich; and six weeks' for embezzlement.
Sentence, Four years' penal servitude for forgery, and four years' penal servitude for larceny, concurrent.
Mr. Beaumont Morice prosecuted.
ARTHUR EDWARD LONG , licensee of the "White Hart." London street Greenwich. On December 21, 1907, at 11 p.m., prisoner ordered a glass of ale; he paid for it with a half-crown, which I tested and found bad. I asked him where he got it from. He said, "I got it from a shop up the road in change." I asked him to pay for the ale, which he did with a good 2s. piece. He then asked for the half-crown back. I told him he could not have it—if he wanted it he should go for a policeman. He said he would and went out. I followed him and saw him go straight across the road into another public-house. Ten days afterwards I identified him at the police station. I handed the bad half-crown to the detective and now identify the one produced, it having my name scratched on it.
EDITH BALLARD , barmaid, "King's Arms," King William Street, Greenwich. The "King's Arms" is about three minutes' walk from the "White Hart." On December 21, 1907, between 11 and 11.30 p.m. a man whom I do not recognise ordered a glass of ale and paid with a half-crown. I served the ale, gave 2s. 5d. change, and put the coin in the till. Shortly afterwards the same man came into the bar again and was served by Withey, the barman, with a glass of ale, paying with a half-crown. There was no other half-crown in the till at the time.
JOHN WITHEY , barman, "King's Arms." On December 21, the prisoner, whom I identify, was served with a glass of ale by the last witness and paid with a half-crown which she put in the till. Prisoner drank his glass of ale clean off and went out of the bar. Three or four minutes afterwards he returned, called for a glass of ale and paid with a half-crown. I served him and gave 2s. 5d. change. He drank the ale clean off and went out. Smith spoke to me, in consequence of which I tried the two coins with aqua fortis, and found them bad and went after prisoner. I found him standing at the opposite corner of the street and asked him to come and see the landlord, Mr. Ballard. After some hesitation he came in and I was sent for a constable, who took him into custody
GEORGE SMITH , ship worker. On December 21, at 11.15 p.m., I was in the "King's Arms" and saw prisoner enter and order two glasses of ale as described, and pay for them with two half-crowns. In consequence of a suggestion I made to Withey, he tested the co and found them bad. We went out after the prisoner and found him standing against the railings 50 yards down the street. He returned to the house and was given into custody.
NEVILLE SEYMOUR BALLARD , manager "King's Arms." On December 21 Withey brought prisoner to me and stated that he had changed two bad half-crowns over the bar. Prisoner said he had no knowledge that the coins were bad, otherwise he would not have come back with the second one. I sent for a constable and gave him into custody.
my bar. He passed one to my daughter, went out, came back again five minutes later, and passed another one to Withey, my barman. Smith called the barman's attention to the fact that he had passed a second half-crown within a few minutes, and they were found to be bad." Prisoner said, "I only went into the house once." I searched for and found 2s. 5d. in the right-hand trouser pocket and a florin and a shilling in the left-hand trouser pocket. When charged with passing the two half-crowns he said, "That is wrong. If there was one it was a mistake to me."
Detective-sergeant JOHN MCPHERSON , R Division. On December 31, at 10.30 a.m., prisoner was identified by Long from nine other men and charged with uttering a bad half-crown at the "White Hart." In reply, he said, "I do not know where the 'White Hart' is." The charge was read over to him, and he made no reply.
PRISONER (not on oath) stated he had no knowledge that the coins were bad, that if he had known it he would not have gone into the same house a second time, and that he should not have stayed immediately outside the house to be taken back; that he had been a hard-working man all his life, that he had worked for a foundry company for 17 years, for another firm for 12 years, that he had been taking contracts for Admiralty dockyards and for some of the largest iron merchants in England; that he had not the slightest idea they were bad coins.
It was stated that prisoner was a hard-working man but intemperate when out of work, and had got into the company of well-known coiners, by whom he had been used for putting off spurious coins. His employers were prepared to give him work.
Released on his own recognisances in £10 to come up for judgment if called upon.
YOUNG, Henry (42, grocer), FOX, Richard (39, labourer), SMITH, Henry (25, labourer), MAXWELL, Rose; Fox and Smith, stealing one cask of butter, the goods of Lovell and Christmas, Limited; all feloniously receiving one cask of butter, the goods of Lovell and Christmas, Limited, well knowing it to have been stolen.
Mr. Walter Stewart and Mr. Eldon Potter prosecuted; Mr. Purcell defended Young; Mr. Wildey Wright defended Fox and Smith; Mr. Travers Humphreys and Mr. Boyd defended Maxwell.
RICHARD LIBBY , salesman to Lovell and Christmas, Limited. On December 19, 1907, I, with Rowse, was in charge of a van, carrying amongst other things a cask of butter marked "LL" in blue, value £5 8s. At 6.15 p.m. we stopped the van outside a coffee shop at 620, Commercial Road, went in and remained there for refreshments.
until 6.45, or a little later. Having got into the van I found the cask of butter had disappeared. After looking round I went to the police station, where I found the cask of butter, which I at once identified.
Cross-examined by Mr. Wildey Wright. There were other packages in the van. I may have been in the coffee shop from 6.20 to 6.55—I may have said so at the police court. The police station was about five minutes' drive from the coffee shop. Before proceeding there I looked about and made inquiries.
Detective ALBERT BOREHAM , H Division. In the afternoon of December 19 I was on duty in the Commercial Road. At about 5 p.m. I saw Smith and Fox in a small dark-covered van driven by a brown pony. The van appeared to be empty. At about seven p.m. I saw the van turn out of Commercial Road into Heath Street, Smith and Fox being in it. I and Detective Horne followed by parallel streets into Redman's Road, where I again saw the van, which pulled up at No. 95, Redman's Road, a general and grocer's shop occupied by Maxwell. It was well lighted. I saw Smith jump down from the front of the van, Young came out of the shop, and with Smith carried the cask of butter inside. Fox remained in the van. A moment after Smith came out, jumped into the van, and drove off. I and Horne entered the shop. The prisoner Maxwell was behind the counter and Young was also behind the counter with a cask of flour open. I saw the butter just inside the shop. I said to Young, "Where is the governor?" He said, "He is away—I and the missus are in charge, "pointing to Mrs. Maxwell. I said, "What has that carman left here?" He said, "There has been no carman here." At the same time Horne said to Maxwell, "What did that carman leave here?" She said, "That tub of butter there." I said to Young, "You hear that?" He made no reply. I then took the cask to the police station and returned to the corner of Wellesley Street, about 55 yards from Maxwell's shop, where I saw Smith and Fox standing looking towards Maxwell's shop. I got right on to them before they saw me, put my hand on Smith's shoulder, and said, "I want you." As I said that Fox ran away. "I want you on suspicion of being concerned with that man in stealing a tub of butter." He made no reply. As I was taking him to the station he said, "What butter?" I said, "That tub of butter that you took to Maxwell's shop about a quarter of an hour ago." He returned no answer. I took him to the station. At 11.15 p.m. I, with Sergeant Leeson, saw Fox in Oxford Street, Commercial Road. I said, "I want you, Fox, for being concerned with that man you saw me arrest in stealing a tub of butter." He said, "I know nothing about it." I took him to the station and asked his name and address. He said, "You know that. You think you are clever. You have only brought me here because you have seen us together." I have seen Smith, Fox, and Young together outside Maxwell's shop.
Cross-examined by Mr. Purcell. The street was well lighted and also the shop. Directly I got into the shop I saw the cask of batter.
Young appeared to be filling bags with flour. I did not see him taking tea. (To Mr. Wildey Wright.) Commercial Road is a busy thoroughfare. We got to Redman's Road just as the van pulled up outside the shop. I had suspicions of the shop and we ran up as the van was moving away. We have not traced the van. There was not much traffic in the street. (To Mr. Travers Humphreys.) I know prisoner Maxwell's husband keeps the shop and have seen him serving there during the last eighteen months. I have seen him with the barrow outside the shop also. He has also a store at 141, Redman's Road. So far as I know Mrs. Maxwell has never been charged with any offence. If Mr. Maxwell had been in the shop I should have arrested him instead of his wife. I arrested her because Young told me she was in charge. There are shelves in the shop and also boxes. There were some cases nearer to the door than the butter. I did not tell Mrs. Maxwell we were police officers. I believe Inspector Wensley got the keys of the other premises, 141, Redman's Road. I found a large quantity of stock there; many of the cases had the marks scratched off and we have not been able to trace them.
Re-examined. In the store there were chests of tea with the marks scratched off.
Detective ALFRED HORNE , H Division. On December 19 I was with Boreham in the Commercial Road and at about three p.m. saw Smith driving a covered van with a brown pony. About seven in the evening I again saw the van, Smith driving and Fox sitting at the back. I knew both the prisoners. They drove in the direction of Redman's Road. I went down by parallel streets and saw them draw up at 95, Redman's Road. Smith got down and spoke to Young, who came to the door. Young turned and made a sign to someone in the shop. Smith and Fox then lifted a cask of butter from the van and carried it into the shop. Smith remained only a moment, jumped into the van and drove off. We ran to the shop and the cask was standing four feet inside the door. I asked Young what the carman had brought in. He said, "There has been no carman here." He was at the counter putting flour into bags, from a point where he could have seen the cask. Mrs. Maxwell was behind the butter counter taking money from a customer. I asked her the same question, "What did that carman bring in here?" She pointed to the butter and said, "He brought that cask in." I asked her if she had any invoice. She said, "No—he was in a hurry and I am busy. I had no time to sign—it is all right." I told her I believed it to be stolen property and that I should detain her and the other people in the shop until the arrival of assistance. I pointed to Young and another man serving behind the counter; there were customers there whom I did not refer to. Young has a club foot, one leg being shorter than the other. The lid of the tub was broken and I could tea✗it contained butter. Boreham took the butter on a barrow to the station; I left a uniformed officer in charge of the shop and took Mrs. Maxwell to the station. Young was brought in and told by
Wensley that he would be charged with being concerned in stealing and receiving the butter. He replied, "You have put me through the hoop twice; you are clever and so am I; you cannot do me this time." The following day they were all charged and made no reply.
Cross-examined by Mr. Purcell. The electric are lamp was burning in the street; it may be an incandescent gas light. I have seen Young in the shop for a considerable time, perhaps 14 months. (To Mr. Wildey Wright.) The cask weighed about 100 lb. It would take about half a minute to get from where we saw the van to the shop; it was 55 yards off. There was no traffic in Redman's Road. (To Mr. Travers Humphreys.) I know Mr. Maxwell by sight. I did not see anyone enter the shop while I was there. During the conversation I said to Mrs. Maxwell, "You know who I am." She said, "No." As a matter of fact I know her personally, and she knows me. She has not been charged with any sort of offence that I know of. I have known her for two or three years, both in that shop and when she occupied a shop opposite. I saw her husband about three days before December 19, and on the Saturday night following. I asked for the governor.
Re-examined. I have seen Smith several times driving. I have seen Mr. Maxwell in Court to-day.
Detective FREDERICK LEESON , N Division. On December 19, at 11 p.m., I was in Oxford Street with Boreham when we saw Fox. Boreham said, "You will be taken into custody for being concerned with another man whom you saw me take into custody this evening for stealing a tub of butter." He replied, "I know nothing about it." He was taken to the station, asked his name and address, and replied, "You know that. No doubt you think you are clever, but you have only brought me here because you have seen us together. Have you got Young and Maxwell? They are the people you ought to have here." Up to that time no one had mentioned the names of Young or Maxwell. He said, "I ought to know better, for I have heard you have been watching the place." I asked Mrs. Maxwell at the station for the keys of the other stores. She gave me the keys of one place. I said, "I believe you have another place—I want the key for that." She said, "I have no knowledge of that place." I then returned to 95, Redman's Road, and Young handed me the keys of another house in Redman's Road, about 40 yards from the shop, which was used as a store-room. I found there a large quantity of provisions of various kinds with nothing on most of the cases to identify them.
Cross-examined by Mr. Travers Humphreys. It is a bona-fide grocer's business; I have seen a large number of customers at the shop; the other premises are used simply as a warehouse.
Mr. Travers Humphreys submitted that there was no case against Mrs. Maxwell of receiving—no evidence that she took any physical part or that she was in constructive possession.
The Common Serjeant held that as the wife of the proprietor and the person in chief control there was evidence of possession.
Mr. Travers Humphreys submitted that there was absolutely no evidence that the knew the butter was stolen.
The Common Serjeant. I cannot stop the case on that. [The point was reserved.]
(Friday, January 10.)
HENRT YOUNG (prisoner, on oath). I have been in the employ of Mr. Maxwell for about 14 months, and am paid 22s. a week for serving in the shop and calling out the amounts of the goods sold—what is called assistant in the grocery trade. I receive no goods. Furniss is another assistant who had been there about there weeks. I serve at the grocery counter on the right-hand side. There is a gangway in the middle of the counter which is the only way to the door; the counter running to the window and the wall. On December 19, at seven p.m., I was behind the counter, inside, filling bags with flour and having my tea at the same time. I had been doing that five or 10 minutes before the police came in. I stood there some minutes. The officers said, "What did that carman bring in?" I said, "There has been no carman here; I have not seen any carman." I had not seen anything brought in. They then asked, "Where is the governor?" I said, "I and the missus are attending to the business—there is the missus," pointing to the right. I had not gone to the door of the shop or helped anyone to bring in a cask of butter. There is an incandescent street lamp on the other side of the street about 10 yards across. There is no electric arc lamp—there is none in the neighbourhood. The shop is very poorly lighted; there is one T-light in one window and a single gaslight in the other. In the shop there is one light over the grocery counter. It is not well lit for a business place.
Cross-examined. I am simply there to serve customers, and if Mr. Maxwell is away I refer anyone to the missus. The other man, Furniss, is in the same position as I am, but does not attend so many hours—he is the odd man and comes in the evening. The keys of the store hang by the clock. If goods are wanted to replenish the stock, Mr. Maxwell, or, in his absence the missus, gives orders. I have not a club foot, but one of my legs has been shortened. I had not an apron on that evening. The shop was not brightly lit for Christmas because the gas was out of order. I was in the shop behind the counter for 10 minutes before the police came. I saw no butter brought in—it is not my duty to take notice of goods brought in. I first went to the shop in October, 1906, as odd man. I had been selling goods in the street at Maxwell's store and one or two friends
asked Mr. Maxwell to give me a trial. I cannot say if it was a frequent occurrence to have butter brought in in that way without an invoice.
Re-examined. I had nothing whatever to do with the receipt of goods nor with the ordering of them; I never helped to unload goods even.
RICHARD FURNISS . I have been employed by Maxwell at 95. Redman's Road for six or seven weeks. On December 19 I was assisting at the counter. I got 20s. a week and commission and a little present. I worked at the tea counter. Before the police officers came in I had not seen the cask of butter delivered. Young was behind the counter; he had not been to the door or outside the shop. We had been weighing up goods, and when the officers came in had started weighing flour into bags.
Cross-examined. Young could not have gone out to assist carrying in the butter without my becoming aware of it. I certainly heard something put down, but I was busy serving a customer at the window and did not look to see what it was. I certainly did not help to fetch it in. There is no other man in the shop but myself and Young. The shop was very poorly lighted. I have been to the store at Mr. Maxwell's orders.
Re-examined. There is not much light outside the shop.
RICHARD FOX (prisoner, on oath). I am a dock labourer. On December 19 I was out of employment. I live at 98, Jamaica street, about two minutes' walk from Redman's Road. I last worked as fruit porter at Fresh Wharf on the Monday before December 19. On December 19 I left home at eight a.m., and remained out till six p.m. or quarter past six. I was not in a van with a brown pony and I know nothing whatever about the cask of butter or its removal. Arriving home at six p.m. I found no one at home and went to West Street, where my wife works, to get some money from her for my tea, as I had had nothing to eat that day. She gave me a trifle, and I had some tea at a coffee shop at about 6.25 p.m. As I was going home through Redman's Road I met Smith at a minute's walk from No. 95. I had been with him about a minute when I saw Boreham with a uniformed officer. He put his hand on Smith's shoulder, and said, "I want you on suspicion of stealing a tub of butter." Then he took him to the station, and I walked away across the road, as their backs were turned going away. I have never been in Maxwell's shop. I know it as I pass it every day. I have never spoken to Mr. or Mrs. Maxwell. I know Smith.
Cross-examined. I had been out of work from Monday to Thursday, December 19. I know Leeson. It is untrue to say that I have been in Maxwell's shop. Leeson was with Boreham. When they arrested Smith I had not the slightest idea of what had taken place. I have seen Smith pulling a barrow. I have never seen him in a pony van. I met Smith that evening coming from Stepney Church. He said, "Have you got that shilling you owe me?" Before I could
answer the officers came up. When I was taken to the station I gave my address to Leeson, and I said, "You have taken me because you have seen me talking to Smith," not "Because you saw us together." I did not say, "Have you got Young and Maxwell?" I do not know them; the names were not mentioned. I did not say, "They are the people you ought to have here," or anything of the kind, nor "I ought to have known better for I have heard you have been watching the place."
FLORENCE FOX , wife of prisoner Fox. I was at work at 3, West Street, on December 19, from nine a.m. till eight p.m. At 6.30 Fox came there to get 6d. from me to get a bit of tea, and I borrowed it and gave it him.
Cross-examined. Fox had been out of work for some time. He has never been to Maxwell's Stores for me. I have never been there.
Re-examined. Fox had been about two days, I believe, out of work on December 19.
HENRY SMITH (prisoner, on oath). I live at 32, Knott Street, Stepney. On December 19 I was all day at work at home. I went at six p.m. to the "Alfred's Head" for five minutes and then went to the corner of Wellesley Street in Redman's Road, where I met Fox by accident at seven p.m. I had not seen him before on that day. I had not been in any van that day. I had had nothing at all to do with the cask of butter being removed from Commercial Street to Redman's Road. I never knew Maxwell's shop and have never been in it to my knowledge. As I was speaking to Fox, Boreham came up with a uniformed constable and arrested me on suspicion of stealing a cask of butter. I said, "I do not know what you mean." He said, "You are the one, I am sure, come on." No attempt was made to arrest Fox and he walked quietly across the road. I had no further conversation with Boreham.
Cross-examined. I did not give my address to the police because I did not want my arrest known to my people. I live with my mother, brother, and sister. On December 19 I was drying and mending bags for Myers, of Tower Hill, the ivory place. I do 500 at a time for him. I have a number of receipts. I have not the receipt for the lot done on December 19 as they were not delivered; they are at home. The officer took from me the bill where I bought them. I have done 500 or 600 for Myers every three or four months. I carry them on a hand barrow. I never had a pony van and have never driven one. I was indoors between two and five p.m. on December 19, when I went to see a man named William Green at the "Alfred's Head." I do not see him here. I did not tell that to my solicitor. Fox did not follow me to the station.
Cross-examined. He had a barrow to take the sacks home. I never saw him with a van. He buys sacks, mends, and dries them, and delivers them to different firms. He also gets a living in the
street, buying and selling. He worked for a firm at Tower Hill. I do not know the name.
ROSE MAXWELL , wife of R.L. Maxwell, 95, Redman's Road. I have never had a charge made against me. I assist for a little while in the afternoon serving in the shop. I have two young children and have to look after them and the house. I have nothing to do with the purchase of goods. If any came to the shop the carman and male assistant would take them in. On December 19 my husband was away, having left home the day before and returning on December 21. I did not order any goods. At seven p.m. I was very busy behind the counter serving cheese and butter, Mrs. Rayner was waiting to be served, standing between the two counters. I heard a noise as if one of the boxes had fallen. Then I looked up and saw two persons come in whom I now know to be Boreham and Horne. Horne said to me, "Where is the governor?" I said, "Away in Holland." He said, "Hullo, what has that carman brought in here. You know there is a stolen cask of butter?" I said I did not know it was there. He said, "You will have to come to the station with me and tell me what you know of this." He then told one he was a police officer. I asked him to wait till I had served a customer, got my hat and coat and went with him. I never said that the carman had brought a cask of butter. There were a lot of baskets and cases in front of the counter which prevented my seeing the cask of butter being put in at the door. I have never received goods that I knew to be stolen.
Cross-examined. I have been seven years married. I only know my husband by the name of Maxwell. I never knew him as Brobsky nor heard him called by that name. I have not said before that there were baskets which obscured my view of the door. I do not know if my husband is here; he came to the Court with me. I did not have the management of the shop; there is nothing to manage; simply to weigh up butter and cheese; the handling of the counter and taking of the money. I never gave any orders to get things from the store; I could not tell you what stock there is there. The keys are hanging on the wall and the men are at liberty to take them. The name of Maxwell. is up at the store, 141, Redman's Road. One of the officers asked me for the keys of Cressy House. I said we had no such place; I did not say we had another place. I said, "If you go to Young he will give you the keys of further down." No 141 is a storing place, but there are rooms over which are occupied. When Horne asked me about the butter I did not say the man was in a hurry; there was no time to sign—nothing of the kind. There was no manager in my husband's absence; there was nothing to manage, only to serve; there were no goods coming in.
Re-examined. My husband is never away more than two days or for a couple of hours in the day time. (To the Judge.) Horne did not point to the butter and say the carman had brought that butter in; he did not mention an invoice; he said it had been stolen.
Mrs. Maxwell as a shopkeeper. On December 19, at about 6.40 p.m., I was at the butter counter, at which Mrs. Maxwell was serving. There were a lot of people in the shop, and she asked me if I would mind waiting, which I did. I heard a noise as if something had dropped, turned round, and saw the two officers, Boreham and Horne, enter the shop. Horne went up to Mrs. Maxwell and said, "What did that man bring in here?" She said, "I do not know, I am sure, as I am busy serving." He said, "Do you know who I am?" She said, "No, sir." He said, "I am a police officer; you must come to the station and tell me what you know about this," and pointed to a cask standing by the door. Mrs. Maxwell said she did not know anything at all about it. She did not say anything about a cask of butter nor about an invoice. I went to the police station to hear the case and afterwards gave my statement' of my own accord. (To Mr. Purcell.) Young was standing at the counter, behind where I was standing in the gangway. He could not have moved out without passing me. I was there for about quarter of an hour before the butter came in. I am sure Young did not go to the door.
Cross-examined. There were nine grownup people and three or four children in the shop. I heard a bump, looked round, and saw the tub at the door. The two officers came in directly I heard the noise. Mr. Maxwell is generally in charge of the shop; when he is away, Mrs. Maxwell or sometimes her sister. Boreham said to Young, "Hullo, what is this?" pointing to the cask that was by the door. Young said, "I don't know," and referred him to the missus. Mr. Boreham did not say, "It is all right." He said, "Where is the governor?" She said he was away, and he said, "What was it that man brought in?"
COLMAN GREENSPAN , provision dealer, 26, Wetling Street; BENJAMIN DOLPHIN , commercial traveller, Staines Road, Ilford; and CHARLES JOSEPH LEWSEY , manager to a provision house in Mark Lane, all stated they had known Mrs. Maxwell for six or seven years and that she had borne the character of being a thoroughly respectable and honest woman.
Verdict, all Guilty.
Young admitted being convicted at Clerkenwell Sessions on January 17, 1905, for receiving tea, etc., value £200, receiving 23 months' hard labour; he was also sentenced to 12 months' at North London Sessions on February 3, 1903, for receiving butter value £100, the proceeds of a van larceny; fined 40s. on October 1, 1906, for exposing pirated music.
Fox admitted having been convicted at Clerkenwell on March 3, 1903, when he was sentenced to 3 1/2 years' penal servitude, with two years' supervision, for van robbery; on March 8, 1906, six months' and license revoked. Previous convictions: May 30, 1892, till robbery, two months; December 15, 1892, six months for stealing silk; July 14, 1893, one month for unlawful possession; September 18, 1893, 12 months for stealing a case of boots; February 18, 1895, 18
months for stealing a watch and chain from the person; June 20, 1900, 18 months for van stealing.
Smith admitted being convicted at Clerkenwell on April 25, 1905, receiving 18 months' hard labour for stealing a horse, van, and contents Other convictions. December 24, 1900, four months for larceny.; May 5, 1903, 23 months for stealing and receiving silk.
It was stated that Maxwell was not considered a principal nor primarily responsible for receiving the property.
Sentences: Fox, Five years' penal servitude; Young and Smith, Four years' penal servitude. Maxwell was bound over in her own and her father, Morris Cohen's, recognisances in £20 each to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH. (Thursday, January 9.)
CLADISH, George James, pleaded guilty of making a false entry in a postage book belonging to the Cyclists' Touring Club, his employers, whereby a larceny of £3 19s. 6d. was concealed. There were other counts in the indictment, which were not proceeded with.
It appeared that a man named William Fuller Kent had been concerned with prisoner in the misdemeanours, and he had been sentenced (after pleading guilty) by Mr. Horace Smith to three months in the second division. Prisoner had been 22 years in the employ of the prosecutors and had borne a good character.
Sentence, Three months in the second division.
GAMMON, Robert (24, porter), pleaded guilty of assaulting John Darby, a police-constable, in the execution of his duty and occasioning him actual bodily harm. It was stated that a woman named Lily Rogers had pluckily rendered assistance to the officer. Other convictions were proved.
Sentence, Nine months' hard labour.
Mr. Reith prosecuted. Mr. W.G. Courthope defended. GEORGE DIEROFF , 45, Flaxman Road, Camberwell, butcher. (Witness's head was in bandages.) Prisoner and his wife formerly lodged with me; they left about nine or ten weeks ago. About December 9 or 10 I received a letter from Mrs. O'Connor, which was about the second or third I had had from her. In consequence of that letter I called on Mrs. O'Connor about 5.30 p.m. on December 16. There was only the child there besides Mrs. O'Connor. About quarter of an hour or 20 minutes afterwards prisoner came in. At that time I was standing in about the middle of the room. Mrs. O'Connor had gone out before this. The child was in the kitchen. This room
was the front basement. Prisoner came in from the front door and caught me by the throat. We had a bit of a wrestle and I was thrown on the side of the bed. I did not actually see prisoner come in. After a bit of a struggle I twisted prisoner over and said, "Now, what are you going to do?" Being in the dark, of course, I could not see what he was doing, but I got a crash across the head, followed by another one immediately, and I presume I must have got a third one, probably. I shrieked out "Murder!" because I felt that the implement was something that was penetrating my head. After that I remember no more, until being in a cab and taken to St. Thomas's Hospital. I could not see whether prisoner had anything in his hands before he struck me; he evidently had not when he closed with me. I did not see him pick up anything. As to the reason for prisoner's attack, he had had news evidently, not only from my wife, but from another lady in the neighbourhood, in regard to Mrs. O'Connor putting the news about that she was in love with me. That is the only reason I could think why he had any feeling against me. I have not been to the hospital since last Friday week. My head is getting on pretty well.
(Witness was cross-examined at length with a view of showing that he had been carrying on an intrigue with prisoner's wife and that at the time of the assault they were caught flagrante delicto. This witness denied.) The room I was in is a bed-sitting room; the other room is a kitchen; the doors open one from the other. (Wit ness described the arrangement of the rooms.) I did not see any lamp outside the room. The shutters were closed. I was dressed then as I am now. My overcoat was in the room, not in the kitchen; I had taken it off, after being asked. I may have had a newspaper with me, but I did not go into the kitchen, nor give the paper to the child to play with. I did not know the room was a bedroom till I got there. You could not see the bed; there was no light; you could scarcely see an inch before you. The letter Mrs. O'Connor wrote was not one making an appointment; it appealed to me to come and see her as soon as possible. I got it on the Monday. On the Friday there had been a meeting between prisoner, his wife, and myself, when the former found me with his wife, but we were not arm in arm. Prisoner pulled his wife away from me. I had not arranged with Mrs. O'Connor that we were to go away together with the child and O'Connor's furniture. Mrs. O'Connor's letter was sent to No. 2, Cowcross Street, Smithfield, where a friend of mine allows me to have letters sent. I have no business address of my own. Mrs. O'Connor knew she dare not write to my home. My wife was jealous. Mrs. O'Connor pandered to me and tried to lead me away from my wife. I have been with Mrs. O'Connor on one or two occasions. I once took her with another lady to a music-hall; I did not know it was against the husband's wishes. Prisoner has never complained to me. He has met me when I have been with his wife on two occasions—once at Camberwell Green and once by accident, on a Sunday night, after I had been to see my daughter to my sister-in-law's
house. Mrs. O'Connor said she could not stay at home as there was no one there, and asked where I was going. Mr. O'Connor met us in Coldharbour Lane, but he did not complain. His wife went off with him. I forget the date of this. It is not true that on November 8 I kept Mrs. O'Connor out till two in the morning. She never brought me a cup of tea when I was in bed unless my wife was there too. It is true my wife one day made accusations against me because the door was bolted when she came home one day while Mrs. O'Connor and I were in the house and the former had to go down to let my wife in. I had gone to bed in the afternoon, which I usually do. Mrs. O'Connor had not been to my room as far as I know; the child was there. I was foolish, I presume, not to avoid Mrs. O'Connor. I said before the magistrate that Mrs. O'Connor was not in the room when prisoner was there at the time of the assault. I had been talking to her, and she disappeared suddenly. My collar must have come off after prisoner caught hold of it; I have not seen it since. There was a hand-to-hand struggle in the first instance. I had not noticed the rasp; prisoner might have had it in his pocket. It was not on the table. My wife had previously been to O'Connor, as she had an idea I was at his house. There was some little talk between my wife and me on the Saturday about separating. O'Connor's house is in a blind alley. I did not run into the kitchen after O'Connor had hit me; I fell down with the blow.
Re-examined. I did not know the O'Connors very well; only as lodgers for a little while. I have never misconducted myself with Mrs. O'Connor.
To the Judge. I spoke to Mrs. O'Connor on the day in question about a quarrel she had had with her husband, about me, I suppose. The letter that Mrs. O'Connor wrote me, as far as I remember, said that she would sooner live with me in one room on a crust of bread and cheese and serve me as faithfully as a dog would its master than live with the nasty jeering wretch that she was living with, and complained of O'Connor ill-using her on a certain occasion. She implored me to be sure and call on her. I was wrong to go to see her.
Mrs. EMMA DIEROFF , wife of George Dieroff. On December 16 I went a/bout six o'clock to the O'Connor's house, and found prisoner hitting my husband with a rasp. The door of the house was open. My husband was standing at the foot of the stairs bleeding profusely, and prisoner struck him a blow with which he fell to the ground. Prisoner then struck two more blows. I struggled with him and got the rasp away, asking him not to hit my husband again. He said he would in a minute. I ran and hid the rasp (produced), and went back and got my husband out. O'Connor said, "Get him out of my house." After that I went with my husband to st. Thomas's.
Cross-examined. I was jealous owing to Mrs. O'Connor making such a boast of being madly in love with my husband; no other man she ever loved. I thought it was true. Once when I went out of
the house she deliberately went and asked my husband into the bedroom. I did not think there was improper intimacy. I had been three times that week to see O'Connor about his wife and my husband. I went the first time with a woman whose husband Mrs. O'Connor had arranged to spend a week-end with. I asked O'Connor if he would keep his wife as far as possible in his place. I did not intend if possible that she should take my husband from me. We had been married 18 years, and no one had come between us before. On the Saturday morning I asked O'Connor if it was right that he had met his wife and my husband together; he said, "Yes." I told him I thought it was very hard that another woman should try and get my husband away from me, and that I was sorry for him. On the Monday I went to O'Connor and told him his wife had said she would have my husband by some means in the afternoon as she could not have him at night. I was determined to find out for myself. My husband was rather late home that day. I asked O'Connor if he would be likely to be going home yet; he said he did not know. I told him I should go and watch the house. One afternoon I had gone out and left my husband asleep, and on returning the door was fastened, so that I could not open it with my key. The milkman was there, and Mrs. O'Connor came down with my jug and her milk can. She said she locked the door because a funnylooking man wanted to dig up the tree in front of the house. I asked my husband why he was disturbed, because the O'Connor's little child was in my room, and my doors were all wide open; I had left them closed. He said he had been wakened by the child coming in and pulling the bedclothes. The child was very fond of us all. I do not know that Mrs. O'Connor took m✗husband tea; except that on one Sunday she brought us both tea. I saw the last three blows that prisoner struck my husband. I did not say, "You are caught at last," nor anything like that. I think my expression was, "Here you are," I knew of nothing going on till after Mrs. O'Connor left our house and she made this boast.
Re-examined. I had no suspicion my husband was running after Mrs. O'Connor.
To the Judge. Into the room where the struggle was there was a light shining from the kitchen door, which was open. I could not say whether it was lamp or gas. I did not see Mrs. O'Connor there. My husband was fully dressed when I arrived. I noticed particularly.
CHARLES MAX PAGE , casualty officer at St. Thomas's Hospital, deposed to attending to George Dieroff when he was brought to the hospital on December 16th, about 6.30 p.m., suffering from six wounds in all, five involving the whole thickness of the scalp. On the left side there was one three inches in extent, exposing the bone. The rasp produced could have made them. The wounds apparently healed very well.
Cross-examined. One could not say the wounds were not dangerous; there might have been septic infection. The part of the skull affected is a strong part.
Police-constable 265 L. On December 17 Mrs. Dieroff, at 7.25 p.m., handed me a rasp (produced) which had fresh blood on it. I took prosecutor to Camberwell Green Police Station from the hospital.
Detective-sergeant FREDERICK HEDGES , P Division. I arrested prisoner on December 16, at 10 o'clock, at 8, Station Terrace. When I told him the charge, he said, "All right; I caught him on the bed with my wife, and meant to give him a good thrashing." I took him to the station, and when charged he said, "Yes." In the room at Station Terrace there were blood stains on the bed, and at the foot of the stairs; also splashes on the walls.
Cross-examined. I never saw Dieroff's coat
WILLIAM O'CONNOR (prisoner, on oath). I have been employed by Mr. Rixon, carman and contractor, for eight years, all the time I have been in England. I am a teetotaller. From August 30 to November 30 last my wife and I lived in the Dieroff's house. Up to then my married life was as happy as could be, until this Dieroff interfered. He started on September 7, and frequently day and night up till December 16 I used to catch him with my wife. He used to take her out and keep her out till every public-house was closed. On November 8 he took her to the theatre and brought her home at 12 o'clock, then kept her in his bedroom till two a.m. I had been asleep, but got out of bed, and on going downstairs found my wife coming out of his room. Mrs. Dieroff was out at the time; she used to go out nursing. I have complained several times, but it was no use. He tried to cause a fight, thinking I should cause a fight in the streets. I complained also to Mrs. Dieroff. On two occasions I found Dieroff and my wife arm-in-arm; once on the Friday before this occurrence, when I took my wife away from him. I generally finish work about nine or 10 at night. On Monday, the 16th, Mrs. Dieroff came to me at my work, at about quarter to five, and said that her husband had not come home, and that he was in my house with my wife. I then went to my house, which is about 15 minutes' walk from my work. (Witness described how he found his wife and Dieroff committing adultery, and how he had a struggle with the latter, who called him an "Irish bastard.") While Dieroff was getting the best of me I picked up a rasp which was on the table, and used it, but I did not know whether I was striking him or not. Then we parted, he going through the door leading to the kitchen, tripping over a mat, and falling down. His wife then came in, and said, "You are caught, and I am very glad of it." My wife was in the kitchen then. She went there when I first entered the room. I did not hit Dieroff after he was down, nor did Mrs. Dieroff see me hit him. I do not know why the rasp was on the table.
Cross-examined. I thought the best way of stopping Dieroff from interfering with my wife was to move away from his house. When
I went into Dieroff's house it was not exactly dark. I was too much excited to know that I was hitting Dieroff.
Re-examined. There was a street lamp outside the room, and some of the shutters were not closed at the top. (To the Judge.) I cannot say how Dieroff's wounds were caused exactly. (To the Jury.) The rasp is not used in my employment.
Mrs. O'CONNOR , wife of prisoner, said that she had had relations with Dieroff from the time she first knew him sad that she was committing adultery with him just before the assault took place. Witness said she did not remember saying what Dieroff said she did in her letter to him about her husband. Generally she corroborated prisoner's evidence.
Verdict, Not guilty.
Police-constable ALBERT SUTTON , 361. H. On December 8 I was on duty in Commercial Street at one a.m., Sunday, when I saw prosecutrix running round the corner and prisoner chasing her. He made a rush at her, and shortly afterwards I heard a scream. I ran across the street and caught prisoner. He said, "If I do not have her no one else Shall." When we got to the police station he took a knife (produced) from his pocket and handed it to me, saying, "This is what I done it with." He made no reply when charged.
To prisoner. I saw no one about at the time you chased the girl; afterwards there was a young fellow there.
DAISY TOMBS . I have been keeping company with prisoner. On the night of December 8 I was with him. He asked me to go home, and I refused. I wanted to get away from him for a few minutes. I did not see him take a knife out of his pocket. The only reasons why he stabbed me were, partly because I would not go home and partly through another man. Prisoner stabbed me in the left breast. There was nothing said afterwards.
To the Judge. I was living with prisoner at the time. I was engaged to him. At the time this happened there was another man there called George. He fetched the "coppers" to lock up prisoner. Prisoner thought I was going with George, who had asked me to.
PERCY JOHN CLARKE , divisional surgeon, said he attended to Daisy Tombs on the night in question at Commercial Street Station. She had an incised wound just below the left breast, three-quarters of an inch deep. The wound itself was not dangerous, but was in a very dangerous position. It might have been caused by the knife which was shown him. With a little more force the wound might have caused death.
DAVID TYLER (prisoner, on oath) said he had known the girl as a prostitute, that he had found her in his room once with the man George, who was referred to. On the day of the occurrence he had had a drop of drink with a man who had promised him work, and afterwards found the girl walking in Commercial Street with the man George. Prisoner asked her if she was going home, and she refused. I said, "Come home"; she said, "All right, put me down." I did so, and she made a pretence to go to the urinal. When I saw her again she was in the "Princess Alice" with a young woman. I asked her to have a drink with my friend, and we had one together. This was just before the house closed. When we came out I missed her, and next saw her with George. I believe I made a rush at her, but hardly recollect. I did not know I had the knife in my hand. According to any friend, he says I was cutting a bit of tobacco. I am sorry for what I have done. If I get a chance I am willing to marry the girl, and work when I get it to do.
Verdict, Guilty. Previous convictions were proved, for burglary, etc. In the beginning of 1907 prisoner had been certified as mentally deficient.
Sentence, 12 months' hard labour, his Lordship remarking that the prison authorities' attention would be drawn to the certificate which was given on a previous occasion.
BEFORE MR. JUSTICE BIGHAM.
(Friday, January 10.)
Mr. R.D. Muir, and Mr. Arthur Gill, prosecuted; Mr. Huntly Jenkins and Mr. H.D. Roome defended; Mr. Charles Doughty held a watching brief.
Detective-sergeant ARTHUR NEEDHAM , produced a photograph of West Hampstead Station on the Finchley Road side, showing a train in the station on the down line of the Metropolitan Railway, and showing the position of the signal-box, also showing the position of the Great Central lines. (His Lordship explained the photograph to the Jury).
JOHN WILLIAM BRAIN , signalman at Finchley Road Station, Metropolitan Railway. I have been some 16 years in the service of the company, 5 1/2 years at Finchley Road signal cabin. I have been a signalman for 15 years. On October 26 I came on duty at six a.m. Before a train leaves my station I have to pull off the starting signal. I get the lever unlocked by offering the train to the next station, West Hampstead, on the train belt. The code for the Willesden train is one (pause) two (pause) one. The other man repeats tbs code back; then he presses down the disconnecter which release the look at Finchley Road down starting signals. The disconnecter then shows "train on line." (The apparatus was handed to the jury and explained.) At the time in question my starting signal for the Willesden tram was duly unlocked, and I lowered the signals. (Witness's book was produced showing the entry: Due 7.45, arrived 7.44 1/2, left 7.45. Then time "line clear" received 7.46.) I booked it at the time it left—exactly when it departed. The signal "line clear" meant that it had passed West Hampstead Station home signal. I do not think it would be proper to book a train out before it had departed. I offered the train to West Hampstead, having received "line clear" about four minutes before it was accepted by West Hampstead without any delay; my starting lever was then released, and the train started, my responsibility ceasing. The train would take from a minute to a minute and a half to travel to West Hampstead in the ordinary way. I did not receive("line clear" again till 1.21 p.m.; that was because of the collision. There is a carbon impression taken in my book of the entries. I mark my sheets each morning. Hollis, who was the signalman at West Hampstead, rang up on the telephone just as the Neasden train was leaving; that was about 7.51. When I got to the telephone Hollis said he had no communication to make. I heard later about the collision.
Cross-examined. I have been late to my work. In such case the station-master would send for a relief. I would not book myself at the time I ought to get there; I would be booked late. On this morning, which was foggy, I had a fogman at my up home signals. I had asked for one. The fogmen are booked on their posts in advance, and if it comes on foggy they are summoned to go to their posts. On this morning he came to me about 6.15, and asked if he should go on.
From the time of accepting a train and signalling it through the station and putting the signals back there are about 17 movements in my box, during which time I have to watch all discs and signals. Between six and seven a.m. the traffic would be light. In the eight hours I am on there are about 204 trains, I think. Between seven and eight there would be about 26 up and down. I have no additional disc in my box. Hollis has an additional section. I should say there would be harm in allowing a train to come as far as the home signal and booking it before it has come into the station. If the instrument showed "line clear" it would show the train had arrived and departed. You are supposed to see the trains, and see that they depart before you book them, in addition to seeing your disc. It would be contrary to the rule to book a train before you have seen it go away. On a foggy morning if a train is stopping too long in a station, it is the duty of the motor-driver to whistle; they have rules to that effect. It sometimes occurs that a signal for a wrong train is given. If I received one I should ask the man on the telephone if the trains were running out of order. It would not be right to repeat back the wrong signal. When we receive a code on the train bell it would have to be answered back as given. If I was in doubt about it I should go and ascertain on the telephone. It does not take long to get through on the telephone; you can get on immediately; every box is connected locally. I have never worked in a box where there has been a double section. There is one in Hollis's box. I rang Hollis up at 7.53 and asked him if he had a train standing at his home signal; he replied, "No." At 7.54 I rang him again; he replied, "For God's sake, don't worry, Jack. There is some trouble here."
Re-examined. I have been working this particular system ever since I have been a signalman. It is not beyond my powers, or else I should not stand it. (To the jury.) You cannot always make an entry in the book at the same time as the departure and arrival of trains; there is not exactly pressure about it, but I might leave it for a minute or two. If I had given "line clear" for a train and a man gave another one at once, I should accept that train and lower my signals before I booked that train.
CHARLES MATTHEWS , signalman, Metropolitan Railway. I have been a signalman about 29 years. I have been at West Hampstead Signal-box two years nine months. On October 25 I went on at 10 p.m., the time expiring at six next morning. From two to 3.30 there would be no trains. Hollis was due to relieve me at six a.m., but he did not come till 6.44. The foreman relieved me just before the train I was going to catch came in. I saw Hollis come out of his train, but not to speak to. I was I had previously booked the time I went off; I booked it as six a.m. I practically thought I saw Hollis coming then. I did not think of altering the time afterwards.
Cross-examined. When a man is late the time is frequently entered as the time he ought to arrive or go off. That has not occurred very often. Our sheets are sent to the head office every morning. In entering the arrival of a train we cannot always enter it to a second. There
it sometimes delay. We take notice of the clock at the time and remember it; there is about half a minute perhaps difference. We do not anticipate the arrival of any train until we get it in. When the disc shows train on line a train cannot pass the home signal. I never heard on the day of the dollision that the additional disc showed a train on line, and the Neasden train did, in fact, run past the home signal.
Re-examined. The entry of "C. Matthews off duty 6 a.m." is in my writing, and "W.J. Hollis, on duty, 6 a.m." is in his writing.
JOHN WILLIAM BRAIN , recalled, further cross-examined. When I first started as a signalman, which was down at Chorley Wood, they had only one treadle (which is an instrument past the starting signal over which the train goes; when the train goes over it, the additional disc should mark line clear), and if you shunted anything on the sidings, it would not break down the disconnecter in the station; the signalman would break down the disconnecter himself by breaking the glass of the release box, and pressing a spring. The glass would be mended at once, you would call the stationmaster to replace it; he keeps a stock of these glasses for the purpose. I believe that was the only box on the system that was like that. I have not had to break open the relief box at Finchley Road, because there are treadles for everything. I have applied for the key of the relief box when a train has passed over the tres✗dle, and it has failed to break the treadle down. The treadle sometimes fails to work. (Witness explained how the treadle worked.) The failure of the treadle would occur perhaps about once in six months. When it occurs, I would report the failure in the train book, and also verbally to the station-master, or man in charge.
Re-examined. If the signal was at danger, I should not expect the treadle to break the disconnecter down. The failure of the treadle is in favour of safety; it would not bring about an accident.
WALTER TOMES , plate-layer, Metropolitan Railway. I am employed between Finchley Road and Marlborough Road Station. At 6.40 a.m. on October 26, I was directed to go to the down home signal at West Hampstead to do fogman's duty. I got there about 6.45, and used the flags and detonators. The fog was very thick. I remember the Willesden train passing the signal into West Hampstead Station. I saw the signal lowered after the train had gone by. As it was coming by I showed the driver the green flag. The signal went back to danger after the train had passed. I then put my detonators on the line and showed the red flag. After that another train came in, and the signal being lowered I showed the driver a green flag. The train patted into West Hampstead, and I heard crash. The signal was then put back at danger after the accident.
ARTHUR EDWARD BOGGIS , signalman, Metropolitan Railway. I have been 11 years a signalman, and four years Kilburn cabin. On October 26 I went on duty at six a.m. On that morning I dealt with a train downwards to Harrow which was due at 7.44 1/2 and departed at 7.45. The code for the Harrow train is one beat on the
bell. That train was offered from West Hampstead, and I accepted it. The next train offered was 7.52 from the same station; the one that was due was the Willesden train, the code for which is one (pause), two (pause), one. The next train offered was one bell; that was the Neasden code. Having got the offer of the Neasden train at 7.52, the Willesden train not having arrived, I rang back the Willesden code, one (pause), two (pause), one. I thought Hollis had made a mistake in the ringing of the bell. But I accepted the Neasden train. The lock had not been released between the time it was released for the Harrow trains and 7.52; I had not touched it. I did nothing then till 7.56, and then rang up Hollis, asking him where the Willesden train was. He said, "There has been a smash." I said, "Where?" He said, "Here," and he asked me to pass down the road to all concerned to advise them of the collision, and I entered it in the book at 7.56, "Train given, 7.52." The entry is in the remarks' column of the book produced. I have no entry in the usual columns. The Willesden train never arrived. I never gave "line clear" for it to Hollis. I should have had "line clear," supposing the train had come through in the ordinary course, when it broke the treadle before entering the station. There is a treadle just outside the station. I should not give "line clear" before that.
Cross-examined. I do not book the offering of a train. The reason I booked this train at 7.56 was because there might be some inquiries made about it. That was after I heard of the smash. I did not get the Willesden train code at all; it was the Neasden code I got. I did ask Hollis at 7.56 what had become of his Willesden train. When I rang him up at 7.56 I did not know the accident had happened. I have known the treadle to fail to act. Once, about eight or nine years ago; that had nothing to do with me. When that happens we are obliged to break the glass, if there is no one to ask for the key. That is reported.
Re-examined. For all I know, the train that was offered at 7.52 may have been after the smash. I have never known any instance of the treadle acting when the starting lever was not pulled over. If a train comes into my station, and I want to get it back again, not forward, I cannot operate the treadle. I would use the release-box to cancel a train, and I have to use it in order to accept another train after the first one has gone off the road. There are only two ways in which you can legitimately get into the release-box—either by breaking the glass or getting the key.
JOSEPH SPITTLE , motor-man. I have been 29 years with the Metropolitan Railway. On October 26 I was driving the train which leaves Baker Street at 7.37 for Willesden; it had a motor at each end and four cars in the middle. The morning was foggy; you could see the signals to about 18 or twenty yards. I could not discern the home signal, as to whether it was alight or not, as I passed it. The semaphore was down; I could see the wooden arm at 18 to 20 yards. When I got to the home signal I saw the fogman on duty with the green flag. Seeing the signal down I went on into West Hampstead
Station. I was there about right time, within half a minute. We stay in the station about half a minute, as a rule, and before leaving we must see the starting signal down. From the latter I was about five yards away; close underneath it. I was looking at it all the time, but it did not fall until after the impact. I was in the station about three or four minutes before the collision. I was knocked over in the motor-box. I then got out and looked through the window and discovered that the signal arm was lowered. I ran to the rear of the train, and back to my motor again; the signal was put back then to danger again.
WILLIAM FITCH , foreman, West Hampstead Station, 15 years with Metropolitan Railway. In the absence of the station-master I have charge of the station, and I had so from 5 to 8 a.m. on October 26. I saw Hollis arrive by a train at 6.44 or 6.45. I had just relieved Matthews, his predecessor, end I pulled off the starting signal for the train by which Hollis arrived. It worked all right. I left the box when Hollis arrived, and remember the Harrow down train arriving, that is the one before the Willesden train. That wee due at 7 41. I was standing at the ticket barrier almost above the starting signals, from which position I can hear them when they fall, distinctly. From the time the Harrow train started; until the time the Willesden train arrived I was at the barrier; the starting signal had not moved at all during that time. The Willesden train was in the station some minutes; then the Neasden tram ran into it. Up to the time of the collision the starting signal had not been pulled off. After the collision I ran down the stairs, and after I had looked at what was the cause of the noise I went to the signal-box and told the signalman. That would be not more then two minutes from the time of the collision. I asked Hollis to forward the message that there had been a collision to Baker Street, to Mr. Lyons and the other officials. He complied, but did not say anything. I suppose I was not longer than a minute in the box. His home down signal was off and the starting signal at danger. During this time I was responsible for the key of the relief box; it was in my room hanging up on a peg, where it was always kept. Anyone who knew the use of it could have got it. No one took it that morning, as far as I know. If a signalman were to get his lever locked by any accident he would have to come to me for the key of the relief box, and report it. I have not always reported a case like that. The signalmen always report it in their book. If a man started a train out of the station by pulling off his starting lever and then before the train got as far as the treadle he put back his starting lever, he would block his home signal, and would not be able to get through again without the release box; the result would be, be could not work his home signal at all; it has been done, I daresay, but that would be the fault of the signalmen. If he could get into the release box without coming for the key it would save him reporting it.
Cross-examined. He could not get to the release box without either coming for the key or smashing the glass. The glass was not smashed
that morning to my knowledge. I did say before the coroner that I have known the electric locking fail at West Hampstead, and the signalman not be able to get off his starting signal when he should have done. I have not been a signalman. It was foggy on that morning.
Re-examined. The failure of the treadle would be in favour of safety. The key produced is the same as I have in my room. I cannot say whether they are the same all along the line. I once knew a signalman have a duplicate key; I have not known Hollis to have one.
THOMAS COLEMAN , ganger, Metropolitan Railway. I was at West Hampstead Station at 7.50 a.m. on October 26 and saw the down Willesden train at the station. I thought it was there longer than usual, and spoke to the motor-driver. I then went to the signal-box to find out the cause, and when I had got as far as the fifth coach the accident happened. I ran straight into the signal-box and asked Hollis what he had been doing. He said, "Whatever is the matter?" and I said, "Why, you have let the second train into the station before the other one has gone out." He said, "Never," or some such word. I said, "You have," and he said nothing more. He went to the instrument for Kilburn and tapped it, as though he was giving a train on. The bell rang immediately, and he went and pulled his starting signal off, then pulled the lever over. The starting signal had been at danger before then. I then ran back to the collision.
BENJAMIN SMITH , motor-man, Metropolitan Railway. On October 26 I was driving a train from Baker Street to Neasden, due at West Hampstead at 7.51. The starting signal was all right at Finchley Road, and I started away there. It was very foggy. I could see the home signal at West Hampstead Station about 20 yards away. I applied the brake slightly and saw the signal was off. I also saw the fogman with a green flag. I then released the brake and let the train run on at about 20 miles an hour. I then saw the outline of a train in front, when I was within 20 yards of it. I applied the emergency brake, but it was too close to be of any effect. I was pushed through the rear compartment of the train, and up into the roof somewhere.
EDMUND LYONS , chief traffic inspector, Metropolitan Railway. I heard of the accident on October 26, and went to West Hampstead Station, saw Hollis, and asked him how it happened. That was about six or seven minutes after arriving at the station—8.30 or 8.40. He described how it occurred: "I was busy booking up my trains; the disc broke down, and the fog was so thick I could not see the train in the station." He was very agitated and appeared to be broken down. I looked at the disc instrument operating between Finchley Road and West Hampstead, which showed train on line. That would be the correct thing for it to show if Hollis accepted the Neasden train offered by Finchley Road. Assuming that the station was blocked by the other train, that would be the correct position for the disc. The additional disc controlling the down home signal also
showed train on line, which would show that the home signal was ready to be lowered; that he had taken the release off to enable him to lower it. I cannot state positively, but to the best of my knowledge the down home signal was still off. I am positive that all the other signals were back at danger. The disc showing train on line conveyed to me that Boggis, at Kilburn, had been offered and had accepted the train. I remained at the station for some hours, and when Shepherd arrived I put him in charge of Hollis's box. at nine a.m. When I arrived at the station I could see the signal, I should say, about 40 yards off. The card of instructions produced shows this note: "Signalmen are warned that the provision of the electric locking in no way relieves them of the duty of strictly observing every precaution laid down for their guidance in the company's regulations, and especially of personally satisfying themselves that the line is clear before allowing another train to approach or leave." There is also the general rule-book supplied to signalmen, of which each man has a copy when he enters the service. There are other rules. There is 61a in large letters: "If the view of the train from the signal-box is obscured by fog or any other cause, the station-master, or other person in charge, must arrange for a competent man to advise signalmen that each train has passed clear of the station." If the signalman had not a full view of the train it would be his duty to apply for assistance. His duty as to that is laid down in another rule. If any station-master should, in circumstances like this, refuse to give signalmen assistance we should deal with him very severely. I have never known such a case of refusal.
Cross-examined. I have known Hollis about 10 years, roughly. I look upon him as a good signalman. If a train passes over the, treadle and operates it properly the disc ought to show line clear. The disc ought not to indicate "line clear" until the train has passed over it. The additional instrument or disc as we term it, has an electrical control over the lock on the lever, which works the down home signal, and while the disc is in the position of "train on line" that lock is supposed to be in operation holding the down home signal at danger. In this case there was a train standing at the station, and, nevertheless, the Neasden train did pass the home signal. That could only happen in two ways—the signalling apparatus being defective or somebody tampering with the release-box. I say that from my knowledge of the working of the instruments.
WILLIAM SHEPHERD , relief signalman, Metropolitan Railway, employed by them for over 25 years. I went on duty at nine o'clock, and took the box over from Hollis at West Hampstead. I found the levers of the signals at danger. The disc to Finchley Road showed train on line—all the discs showed train on line. Hollis passed a remark to me about the treadle or about the disc failing. I will not say whether he said disc or treadle failing. I looked at his book, and asked him how it was he had not the train booked as having received "line clear," when the train was in the station. He said something about, "Oh, you know, it is the custom; we generally do it." I said, "No,
not with me it is not, and I did not know it was done." After the line was clear, the only fault was with the treadle operating the down disc from Finchley Road. It was out of order, I believe, through the collision. There was nothing wrong with the additional disc; everything was right. While I was in the cabin nobody interfered with the instruments.
Cross-examined. The entries I make on the sheets might vary half a minute. The cause may vary; you get telephone messages which may put you behind. I might be a few minutes late sometimes. I do not book that up against myself if I can get out of it.
ALBERT EDWARD CARVELL , linesman, West Hampstead section, Metropolitan Railway, including the signal-box and the electrical connections. There are three of us who do the work on that section. On October 12 I examined the treadle, which is 103 yards in front of the starting signal at West Hampstead, and cleaned it. It was all right then. I was not present when it was opened on October 26. The disc instruments in Hollis's cabin were not opened by me on October 26, nor in my presence.
EDWARD PHILLIPS , telegraph engineer, Metropolitan Railway, said he went to West Hempstead Station on October 26 at 10.55 a.m. At 11.30, Major Pringle, the Board of Trade Inspector, arrived, and went into the signal box. We both examined the additional disc and the electrical instruments. So far as we could tell from trying to Work them they were in good order. I then went to the treadle on the Kilburn side of the station, and examined it; it was in perfectly good order. I examined the interior of the additional disc instrument 15 days afterwards. During those 15 days it had been worked about 4, 000 times. Three days before that there had been a failure on the safe tide. There was nothing as regards those instruments which could account for any failure such as is described, namely, a releasing of the home signal. Major Pringle tried for about an hour to get the instrument to release improperly, but could not do so. Assuming Boggis to be right in saying that he got no request to accept a train between the Harrow train and the request at 7.52, the starting signal at West Hampstead could not have been pulled off between then periods, nor could the additional disc release the home signal without the starting lever being pulled off. It could have been done by means of the release box apparatus irrespective of the position of the lever, and if it had been done in that period it must have been done by the latter means; that is not dependent upon the treadle being in good order. (The witness described the working of the different apparatus.) I have held my present position for about six years, and been working this system for about 20 years.
Cross-examined. I have had about 40 cases of non-releasing of the disc instrument during the last 12 months. That may be caused in a variety of ways, say by a broken wire or a treadle which will not make contact. Some failures are caused by mistakes in the signalman's working if he puts his lever back too soon, or presses down
too quickly. (The witness was further cross-examined as to details of the working of the mechanism.)
To the Judge. I think the negligence of prisoner was in not ascertaining that the line was clear by a personal investigation; he should have sent for someone to tell him. If he had telephoned for a messenger, or to the station, that might have prevented the accident.
(Mr. Muir intimated that this was the view of the prosecution.)
Cross-examination continued. The duty of the signalman is to keep his lever out till the train has passed over the treadle; he may inadvertently put it back again before the train has passed over the treadle. That is a mere mistake. I think that Hollis had forgotten the train in the station, that he thought he had started it off, and because his disc still showed train on line, he thought, "Well, I must have put back my lever prematurely;" then by some means he got into the release box and released his instrument; that is the only conclusion I can come to.
To the Judge. I have had no complaints about prisoner before this. Supposing he had made the mistake I think he made, and no accident had resulted, we should have dealt with him very severely; of course, he is under the traffic officers, but I think he would be dismissed or reduced in some way.
WILLIAM JOHN HOLLIS (prisoner on oath). I have been employed by the Metropolitan Railway for over 18 years 15 years as signalman. On the day of the collision I arrived at my box at 6.45. I ought to have been there about six, but I booked myself as arriving then; it is a practice to do so. It is rather unusual for me to be late. Up to seven a.m. there is about a ten minutes' service, but sometimes we have goods trains in and out. About 7.44 I had a train given on, which I accepted, and I pressed down my additional disc, which released my signal; I pulled off my signal and my additional signal; then I turned to my book, and was just turning over the sheets. I entered the sheet, turned round and heard what I thought was something coming. I gave the train on to Kilburn as Willesden Green train. I went back and pulled my starting signal off, turned to my book again, and booked that train. I saw both my discs, the ordinary and additional, were showing line clear. (To the Judge.) I cannot tell you how the disc could indicate clear when the Willesden train had not left the station. It is possible; I have known these things occur before. A contact might be made in the treadle without a train going over it. (To Mr. Jenkins.) I thought the noise I heard was the Willesden train leaving my station. At that time the line was clear for it to go out. I put all my signals back, and I must have put my starting signal back just before the train arrived in the station, because it broke down my own signal treadle. The Neasden train was then offered to me, which I accepted. I did not touch the
release box, nor did I have the key, nor interfere with the release box in any shape or form.
Cross-examined. I know that Boggis says I never offered him the Willesden train; we are in conflict there. I am also in conflict with Fitch, who says that at the time of the collision the starting signal was not pulled off. It is possible for it to have been pulled off without his having heard it. I did not offer the Neasden train to Boggis. I did not offer a train to Kilburn when Coleman came in the box after the collision. I cannot explain, why Boggis and Coleman say the same thing about me offering the Willesden train. I think these witnesses are mistaken. I did tell Major Pringle that Matthews remained in the box three or four minutes after I came on duty, but I hesitated a moment. I do not dispute what I said, but it is three months ago. I do not now remember saying it. Foreman Fitch owned up to Major Pringle that Boggis had told him I offered him the Willesden train at 7.49. Fitch told me that. I cannot recollect whether Fitch denied that before the magistrate. I did tell Major Pringle that the additional disc instrument was opened by Carvell when Mr. Phillips was in the box after Shepherd's arrival, and that the instruments were not opened before that. I heard Mr. Phillips swear it was untrue, also Shepherd and Carvell.
Re-examined. I was very much upset after the collision.
Verdict, Not guilty.
SLADE, Harry Hubert ; unlawfully and designedly did falsely pretend to the Societe Generale du Credit Minier et Industriel de Paris and, others, that he, the said Harry Hubert Slade, had procured divers persons to become subscribers to the sum of £10, 000 sterling towards the capital of a company, and that he, the said Harry Hubert Slade, with intent thereby to defraud, was able and willing to pay an instalment of £1, 750.
It was stated by Mr. Muir for the prosecution that this was a crse in which a jury ought not to convict, and he therefore offered no evidence. The jury returned a formal verdict of Not guilty.
EDWARD KEELING . I irritated my wife by taking to drink and then took up with another woman. We have been quarrelling for the last two years. She kept the stuff in the house to clean a lamp. I would rather not live with my wife; she has a very excitable temper; her bad temper has driven me to what I have done. We have been married 25 years, and have three children.
The prisoner was released on her recognisances in£50 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Friday, January 10.)
Mr. Bodkin and Mr. Oddie prosecuted.
It was said that prisoner was an active member of a band of German procurers frequenting the West End. Collins, who employed him to drive loose women to their haunts in the West End, had fled the country after his house was raided.
Sentence. Two years' hard labour and 12 months' hard labour in respect of an indictment for assault, to which prisoner pleaded guilty, the sentences to run concurrently, and the Recorder directed that prisoner be deported at the expiration of his term of imprisonment.
Mr. Bodkin and Mr. Oddie prosecuted.
Police-constable ALFRED DENT , 466 R. At a little past four o'clock, on the afternoon of December 1, I was on duty in plain clothes at Annandale Road, Greenwich, where I saw prisoner calling from house to house. I was close to him and heard him say to the lady who came to the door at No. 28, "Will you assist me on the road?" She quickly closed the door in his face, and he then came on to the footway. Whereupon I said, "I am a police officer and shall take you into custody for begging." He said, "I did not beg. I went there to inquire about a man that I know." I asked him if he would come back with me to the house he had called at, and he did so. I went to the door, leaving him standing at the gate. He then ran away, and I ran after him and caught him up in Woolwich Road. When I was within half a yard of him he suddenly turned round and struck me on my left jaw with his right fist, saying, "Take that, you b—, you are not going to take me." He pulled his coat off, and as I was getting up he struck me a similar blow on the left jaw, knocking me to the ground again. I caught hold of him by the neckband of his waistcoat. A little later, while we were proceeding towards the station, he said, "What authority had you to take met?" I said, "I told you I was a police officer in Annandale Road, and I was going to produce my warrant card, only you ran away." A little later Sergeant Causton came up, and, in the hearing of the prisoner, said, "What is the matter?" I replied, "I believe he has broken my jaw, sergeant." Prisoner said, "I know I struck you, and if you will take your coat off I will break the other side too." He also said that at the time he did not know I was a policeman. I said, "I told you I was a police officer." He said, "Yes, anyone can say that." He
was taken to the station, and, after I had been seen by a doctor, charged with doing grievous bodily harm. He said, "I did not beg. As to the assault, I did not know you was a policeman then." I was placed on the sick list, and was only able to give evidence on January 1. I am still on the sick list, and have to take nourishment through a glass tube. I have had no solid food since this happened.
Sergeant NICHOLAS CAUSTON , 95 R. The last witness told me he believed prisoner had broken his jaw. Prisoner said, "Yes, I know I struck you, and if you will take your coat off I will break the other side too." Dent said, "I told you I was a policeman," and prisoner replied, "I know you said you were an officer. Anyone can say that." In answer to the charge, prisoner said, "I did not know he was a policeman then."
Sergeant GEORGE HAMMOND , 40 R. I was on duty at the police-station on December 1 when prisoner was brought in. I noticed that Dent was evidently in pain and looked ill and sent him to the surgeon. After he was gone prisoner said, "I want to show where he has struck me on the jaw." I then sent for Dr. Davis, who examined prisoner, but found nothing the matter with his jaw. On prisoner was found 1s. 1 1/2 d. in bronze money.
LIONEL HOOPER , assistant divisional surgeon, said he found Constable Dent suffering from a fracture of the neck of the lower jaw. Such an injury could only have been caused by direct violence and very considerable force must have been used. A heavy blow with a clenched fist would have been sufficient. The bone of the officer's jaw was not unusually brittle, and there was nothing that predisposed to fracture. Provided everything went well, Dent should be able to resume his duties in about a month. The jaw was still in a splint, and when that splint was removed they would still have to see whether there was free movement of the joint. It was impossible to ascertain that for another fortnight. The fracture was uniting satisfactorily, but whether any permanent stiffness would remain it was impossible to say. If there were such stiffness it might be necessary to operate. It might, therefore, be months before Dent would be able to return to duty. Having had no solid food, he was, of course, in a weak state.
Prisoner, in a long rambling statement which he read to the Jury, said he had been in an asylum twice and congratulated Judge and Jury on there being so little perjury in the case. He also contrasted his own height and weight, 5 ft. 5 in. and 10 stone, with those of the officer, 6 ft. and 14 st.
The Recorder stated that he had received a letter from the Catholic Prisoners' Aid Society describing prisoner as a most dangerous man and stating that the ladies of the local Roman Catholic Mission went in torror of their lives, though they had been helping his wife and children.
Mr. Bodkin, said there were 23 summary convictions against prisoner for drunkenness, and he had been also convicted of coining and deserting his wife and children.
Dr. SCOTT , medical officer, Brixton Prison, stated that prisoner had been under his supervision since December 2 and also on previous occasions and he considered him sane, but he had led an irregular and intemperate life and that had not improved his mental condition. Prisoner was in Cane Hill Asylum about two years ago, but he had been informed by the superintendent that he had grave doubts as to the genuine character of his mental symptoms. Prisoner always wrote and talked in an insane manner when he got into prison.
Sergeant CAUSTON gave a detailed record of prisoner's previous convictions. An Irishman by birth, prisoner was born in India and had served for some time in the Irish Fusiliers. When employed at Woolwich Arsenal he was known as a fighting man.
HENRY DAVISON , secretary Catholic Prisoners' Aid Society, 57, Horseferry Road, said he had known prisoner since 1901, from which time he had been continually in and out of prison. In the earlier part of the time the society did what they could to reclaim him, but without very much success, and he became afterwards rather a pest. On one occasion prisoner forced his way into the office and gave witness a smack in the face. It was raining hard at the time and he had got impatient of being kept out in the rain. After being told two or three times that witness could not see him, he pushed his way in as described. With regard to the ladies of the Mission, who had interested themselves in getting his child into an institution, he had written them most extravagant letters, and they were getting to be in fear of their lives.
Sentence: Five years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Friday, January 10.)
Mr. Clarke Hall prosecuted.
Verdict, Guilty. Sentence, 12 months' hard labour.
BEFORE MR. JUSTICE BIGHAM. (Saturday, January 11.)
SELLENS, Percy Charles (19, labourer) ; feloniously wounding Ada Nunn, with intent to kill and murder her. Prisoner pleaded guilty, but his lordship said he would amend the plea to "not guilty," as he did not think prisoner appreciated the gravity of the charge.
Mr. Albert Profumo prosecuted.
Sub-Divisional Inspector CORNELIUS GARNER , Deptford. On December 12 last, about 9 50, prisoner came to me and said he wanted to give himself up for attempting to take the life of Ada Nunn, about 9 30 that night, at Straights Mouth, Greenwich. "I stabbed her with a table knife and ran away." I found bloodstains on the left hand and a slight cut on the right hand, which he said he had done at the same time. I detained him and afterwards went to the Seamen's Hospital, Greenwich, finding there Ada Nunn. When charged prisoner said, "Right."
ARTHUR WILLIAM HAYWARD , house surgeon, Seamen's Hospital, Greenwich, deposed to examining Ada Nunn, finding an incised wound in the throat 5 1/2 inches long and an inch deep, which could have been caused by the table knife produced. The girl had now recovered, but at first she was in a very bad state, and her life was in danger, chiefly through shock.
ADA NUNN , 9, Straight's Mouth, domestic servant, 19. I have known prisoner for two years and four months. On December 12 I went for a walk with him in the evening. When we got back to Straight's Mouth I noticed prisoner looking round. I said, "What do you keep looking round for?" He replied, "To see Mrs. Nunn coming." I said, "B—Mrs. Nunn." I didn't know whether he meant my mother or sister-in-law. He looked round again. We walked on, for about three minutes, I should think, and then he put his hand over my nose and mouth. I never felt anything, but remember getting up, though I don't remember falling down. I felt like as if he was strangling me. I put my hand to my throat, and found the former covered with blood. I then met a girl named Amy Sells and went with her to prisoner's house, which was about five minutes' walk. When I got there I took off my beads and brooch, went in the front room and looked at myself in the glass, then went back to the kitchen and said to prisoner's mother, "Don't upset yourself, it is not much." Then the other girl took me to the hospital, about five or seven minutes' walk. Prisoner was not in his house when I was there. Earlier in the day I had been in his house, when prisoner offered me a cup of tea; I refused it, and he said it might be the last I would have there. I did not take any notice of that, because we often have these jokes, and that sort of thing. I do not know whether prisoner is in his right mind; I think he is. On this evening he did not seem any different from any other. He was sober. About two years ago he tried to strangle me. (To the Judge.) I had not had any quarrel with prisoner on the evening that he cut my throat. I had not seen him for 10 days before. He gave me no reason to suppose he was angry with me, and I do not know why he cut my throat.
at home. I could not account for his having done this. I have not heard till lately about the attempt to strangle the girl two years ago. I have four children living. Prisoner is very sober.
PERCY CHARLES SELLENS (prisoner, not on oath) said that on December 2, in the evening, Ada Nunn told him she would not go home, but would stay at prisoner's place, as she had done on previous occasions, which his people and hers blamed him for, so he made up his mind to take her life on December 7.
Verdict, Guilty, with intent to murder.
Sentence, Seven years' penal servitude, his lordship saying that prisoner was a foolish, vain wretch, and he hoped that at the end of his sentence he would be a man, not a silly boy.
BEFORE THE COMMON SERJEANT.
(Saturday, January 11.)
Mr. Purcell and Mr. Eustace Fulton prosecuted. Mr. Curtis Bennett defended.
Police-constable JAMES WILLEY , 303 T. I was present at Brentford Police Court on November 4, 1907, when Ernest George Marks and Frederick William Rugg were charged with robbing Thomas McCabe with violence on October 26, 1907, and stealing a purse and some money from his person. Prisoner was sworn and gave evidence.
NOAH GOOCH , assistant in magistrates' clerk's office, Brentford. On November 4, 1907, I took the deposition of prisoner when he gave evidence against Marks and Rugg and produce the original, as follows: "I live at 338, High Street, Brentford, and am a general salesman. On October 26 prisoner Rugg came to me and said, 'You have got to go through it tonight,' and he would start on me to-night. This was after another row. At 11.5 p.m. I got on a car and went to Acton Bridge. As I left the house I saw the two prisoners and another man outside. I got off the tram at Acton Bridge and walked to Gunnersbury Lane and turned up there. I had got about 20 yards down when I heard three men running behind me. Rugg was one, and he called out, 'Down him!' Marks then tripped me up. I fell, and they kicked me until I was senseless. I said, 'Marks, you are a coward,' and struck him as I went down. When I recovered I missed £1 gold and 10s. silver and bronze from my trousers pocket, and my watch from waistcoat. A milkman woke me up about five a.m. I was able to walk to my house. Cross-examined. I saw Rugg and his wife about 7.40 p.m. I did not say that he and his brother-in-law were a couple of dirty snipes, and I would have them out of their job in a week. Rugg did not say, 'You have no cause to get me out of my job. If you try you will see how you get on.' I did not say I had laid a trap for the Markses and they would
soon fall in it. Marks has not complained that I was selling goods in contravention of my agreement. I have not been on good terms with Marks lately."
Cross-examined. When prisoner gave that evidence it was quite apparent that he had suffered severe injury from somebody. His eyes were blackened, his arm in a sling, he had been severely knocked about. Dr. Darbyshire gave evidence that what he found in his examination of McCabe was quite consistent with the evidence he gave.
ERNEST GEORGE MARKS , 329, High Street, Brentford, boot repairer and maker. I am the son of Joseph George Marks, whom I work for, and the brother-in-law of Frederick William Rugg. I know prisoner well; he carries on business as an unredeemed pledge dealer at 328, High Street, next door to me; I have known him about 14 months. On Friday, October 25, at 10 a.m. I saw him outside his shop, when he said, "I will get your brother-in-law—using bad language—out of his job before another week, and I have also laid a trap for you and your father, and I will have you both pinched." Between nine and 10 p.m. that evening I saw him again outside his door. He repeated the same words. On the next evening, Saturday, Maxwell called for me, and we went down to Brentford Market and we returned to his shop, a confectioner's in High Street, at 10.55, when I left him and went home. I did not go out again, except that Rugg and I closed the shop. My father, Mr. Barnes, Rugg and his wife, and Haslitt were at our house. On Sunday, at five p.m., a police constable arrested me and I went before the magistrates with Rugg on Monday. Prisoner gave evidence, we were remanded on bail to the following Monday, when we were discharged.
Cross-examined. For some time there has been illfeeling between prisoner and my family. On Saturday, October 26, there was some trouble between prisoner and my mother, and he called a policeman. Prisoner has borne animosity against us ever since he has been at High Street—for 14 months. On October 25 I said nothing whatever to him when he threatened us; I had done nothing to him. I have done odd jobs for him ever since he has been there. Rugg had done and said nothing to prisoner, as far as I know. Prisoner made the threat without any reason at all. At the police court he denied he had said anything of the sort. At 11.5 p.m., on October 26, I and Rugg shut the shop up. Prisoner was then standing at his door, and. about 11.10 p.m. he got on a car going west. We went indoors and Rugg remained till 12.30. I was arrested the next evening and said, "All right, I am willing to go." When charged I made no reply.
FREDERICK WILLIAM RUGG , 102, Ealing Road, Brentford. I am married to the sister of the last witness. On October 26, 1907, at six p.m., I was at Marks' house, 339, High Street. At seven p.m. I went to Prince's Theatre, Kew Bridge, with my wife; the house was full, and we returned at 7.30 to Marks' house, stayed there till 8.30, then went to my father's house, 129, High Street; at 9.30 returned
to Marks' house and stayed there till 12.30. Mrs. Haslitt, Mr. and Mrs. Marks, and Ernest Marks were there. Mr. Haslitt came over with me. I have had no dispute with prisoner and no cause of complaint.
Cross-examined. There has been trouble between the prisoner and my father-in-law, mother-in-law, and brother-in-law. On Saturday evening, October 26, prisoner said he would get me out of the gas-works and that I and my brother-in-law were nothing but a couple of dirty snipes. I told him he had no cause to do that; I would see about it; I did not know what the man could have against me. I did not say he had got to go through it; I said nothing back. I did not think he meant anything.
JOSEPH GEORGE MARKS , 339, High Street, Brentford, bootmaker. Ernest Marks is my son, Rugg my son-in-law. On October 26 Rugg and his wife came to my house at about seven p.m., went out, returned about eight p.m., went down to his father's, and returned at about 9.50, remaining with me till 12.30. There were other visitors. I have had trouble with prisoner for several weeks before October 26, arising out of malice, through his encroaching on my business; and then he failed. His and my shop belong to one landlord. Prisoner took the premises next door to me as an unredeemed pledge stores; then he started selling boots. I complained to the landlord, then he started selling belts and whips, which I sold. As I saw his boots were marked below cost, I thought he would not be there long, and did not trouble. This originated some 10 months ago. He closed his shop about a fortnight before this assault took place and moved in the middle of the night to Hanwell. On October 26 he reopened his shop. At midday I went to the door and he said, "I have something for you next week."
Cross-examined. I have had no malice against the prisoner—I did not like his encroaching on my business. During the whole of this time prisoner has been selling goods under price and doing extraordinary things. I think he has day-dreams and is revengeful.
LILIAN RUGG , 102, Ealing Road, Brentford, wife of F.W. Rugg. On October 26 I was at 339, High Street, from 10 to 12.30 p.m. My husband, my mother and father, Mrs. Barnes, sad Mr. and Mrs. Haslitt were there during that time.
Police-constable FRANCIS CATON , 396 T. On Sunday, October 27, at 4.15 a.m., I was on duty at Young's Corner, when I saw prisoner walking from the direction of Hammersmith. He was hatless, his coat was covered with mud, and his face was disfigured, as if he had been assaulted. I stopped him and asked him where he had been and how he had got into that condition. He said, "I have been,
assaulted by a man that I have taken a summons out for at Brentford for slander." I asked him why he did not charge the man. He said that the policeman who was there would not lock him up. He said the assault had occurred at Brentford. I asked him why the police would not take the man into custody, and he said he did not know—"but, never mind, I will get a summons out on Monday morning against the man." He was rather jovial, and I said to him, "But you have been assaulted badly, you have been terribly assaulted." He said, "Oh, that is all right." I walked down the road with him to a furniture shop, where they have some looking-glasses exposed for sale in the window, and I and another police constable put our bull's eyes in his face. He said, "I am going home to Han well; my wife is staying there." I directed him to Han well.
Cross-examined. The man was perfectly clear. He was knocked about. He behaved in an uncommon way—a curious way.
Detective-sergeant JOHN HEADLEY, X Division. On October 27, in consequence of a message from prisoner's wife, I saw prisoner at his house; he made a statement, which I took down in writing, and he put his mark to it: "I am a general salesman, and reside at 338, High Street, Brentford. At 11.5 p.m., on October 26, 1907, I left home and went to Kew Bridge on a tram-car. As I was leaving my house I saw Ernest Marks, of 339, High Street, Brentford. Fred Rugg, of Ealing Road, Brentford, and a third man whom I did lot recognise, standing outside. When I got off the car at Kew Bridge I walked to Gunnersbury Lane and turned up to walk towards Acton. I had only gone about 20 yards from the main road when the three men whom I had previously seen outside my shop came running behind. Rugg said, 'Down him,' and one of them—Marks, I believe—tripped me up, and all three commenced kicking me about the face and body. I struck out whilst on the ground and hit Marks under the chin. I then became unconscious. When I regained consciousness I missed a rolled gold watch from my waistcoat pocket, and £1 gold and 10s. silver and bronze from my trousers pocket. It was about six a.m. when I was shook up by a milkman, whom I do not know. I looked about for my property but could not find it. I then walked back to my home, and as my wife is staying with her father at 4, Church Road, Hanwell, I went there. I would like to add that about nine p.m. on the 26th I was outside my shop and Rugg said to me, 'You will have to go through it to-night.'"
Cross-examined. When prisoner made that statement I thought he was telling the truth—I quite believed what he said.
Re-examined. I believed him, and in consequence arrested the two young men.
SAMUEL GODDEN , milk carman. I usually start with my cart on my round at three a.m. On October 27 I went through Gunnersbury Lane at 4.15 a m., and returned about a quarter past five a.m. I did not see a man lying in a senseless condition there.
The Common Serjeant. There is no doubt this man was injured. You have to prove that he deliberately stated on oath that which
he knew to be false. Is it likely that a jury will find that a man who was terribly knocked about and wrongly describes the place has committed perjury?
Detective-sergeant ISRAEL BEDFORD , T Division. On November 4, at 12.30 p.m., when Marks and Rugg were discharged, I took prisoner into custody at Brentford Police Court. I told him he would be charged with committing wilful and corrupt perjury. He said, "I did not." When the charge was read over to him he said, "They have not one independent witness, and are telling nothing but lies." I showed him a rolled gold watch, which I told him I had found. He said, "It is like the one I lost."
Cross-examined. He did not appear very intelligent. I have made inquiries about prisoner. He has borne the highest possible character, had no charge against him, and has been commended by the Commissioner of Police for giving information, respecting stolen property. About 10 or 11 years ago he could not be found for some time, and eventually was found wandering in Ireland, having no idea where he was or how he had got there; he had suffered from an extraordinary lapse of memory, and suddenly arrived at Belfast, where he was treated in the infirmary. During the past three years he has suffered from pains in his head and loss of memory.
At the suggestion of the Judge the jury stated they did not desire to hear evidence for the defence, and returned a verdict of Not guilty.
Mr. Arthur Gill prosecuted.
Police-constable EDWARD JUPP , 80 C. On December 21, 1907, at 8.55 p.m., I was on duty in Leicester Square, when there was a disturbance and a crowd. I saw the prisoner very drunk, shouting in the centre of the road and making use of most filthy language. I requested him to go away, and as he refused I was obliged to take him into custody. He at once became very violent, and aimed a kick at me, catching me in the stomach and giving me severe pain. He then jumped at my neck, pulled me to the ground, got on top of me, dug his knee into my stomach several times, and hit me in the chest with his fist. A lad in the crowd ran in, blew my whistle, assistance came, and the prisoner was taken to the station. He was very violent, all the way kicking out in all directions, and still making use of the most filthy language and trying to kick the other officer. I felt severe pain in the stomach and have been on the sick list up to the present time. I was in bed for five days. One effect of the prisoner's violence has been that I find difficulty in keeping food down.
Cross-examined. Prisoner kicked me before I fell to the ground—that was the kick that did me the more serious injury. I did not see what happened before the disturbance, nor that a cabman had
knocked lights off the prisoner's shoulders—I do not know what prisoner means by "lights." When I got there he was shouting at the top of his voice—whom he was shouting to I could not say, as there was a large crowd of people. I did not kick his lights out nor twist his arm before this took place. There were no sandwich boards.
WALLACE HENRY MACDONALD , 9, York House, porter. I was in Leicester Square on December 21, at nine p.m., and I saw the constable lying flat on his back, with the prisoner on top of him, punching him on the chest. He knocked his knees two or three times in the constable's stomach. I went to the constable's assistance, broke his whistle from the chain, and blew it. A police officer in private clothes came to his assistance at first. Somebody in the crowd then hit me in the side with his fist. The officers then came up and took the prisoner away.
Detective-sergeant HUGH HUNT , C Division. On Saturday, December 21, at nine p.m., I heard a whistle blown in Leicester Square, went there, and found a large crowd. Pushing my way through the crowd I saw Jupp with the prisoner struggling together on the ground. I assisted the police constable to his feet. When he got up he said, "Sergeant, that man"—pointing to the prisoner—"has kicked me in the stomach." The police constable was without his helmet and in a very exhausted condition. Prisoner said, making use of a very filthy expression, "I will kill a policeman yet." Other assistance arrived, and prisoner was taken by Police-constable Salmon to Vine Street. I should say prisoner was very drunk. After his arrest he continued his violence, kicking out in all directions.
ALFRED SALMON , 350 C. I took prisoner to the station. He was drunk and very violent, making use of very abusive language and trying to kick me on the way. At the station he said he had been carrying a sandwich board. I saw no lights or sandwich board.
Inspector THOMAS JACOBS , C Division. I was in charge of Vine Street Police Station on December 21 when prisoner was brought in. He was first charged as drunk and disorderly, but when I saw Jupp I further charged him with causing grievous bodily harm to the constable. He made no answer. On the way to the cell he said, "Kick him, did I? Yes, I did. If I had got him where I intended it for, it would have stopped his clock for a day or two. I might as well go up the road for something as nothing."
PHILLIP HENRY DUNN , divisional surgeon, C Division. On December 21, at 9.15 p.m., I saw Jupp at Vine Street Police Station. I found him suffering a considerable amount of pain in the lower part of his stomach; he could not stand upright, he was in a cold perspiration, and seemed altogether to be suffering from shock. I put him on the sick list, and he is still under my care. There was a slight bruise visible at that time in the lower part of the stomach. I have seen him every day since. On January 3 the stomach was swollen. He remained in bed till the Thursday and gradually got better, but is not well yet. I think he will be able to resume duty in three or four days or a week. A kick in that part of the body
may set up inflammation or cause injury to internal organs. It is a very dangerous place; the actual effect of the blow was serious, but it was not dangerous.
Prisoner's statement. I do not wish to make any statement nor call any witnesses.
FREDERICK BROWN (prisoner, not on oath). All I wish to say is that I did not kick him in the stomach—I could not see how I could do it. For a man my age to knock him about as he says is impossible. I was carrying my lights and they were knocked over by a cab and the lights were kicked away. I could hard✗y speak when he got hold of my collar by the left hand. Both of us fell on the ground, and he must have hurt himself by something be had on him. I stood outside the lavatory right up to the time I got locked up.
Verdict, Guilty. Sentence, 12 months' hard labour.
The Common Serjeant thought that Wallace Macdonald should be rewarded by the Commissioner of Police.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, January 11.)
Mr. S.A. Kyffin prosecuted. Mr. W.B. Campbell defended.
WILLIAM MEECH , living near Albert Square, Clapham. Prior to December 14, I was engaged as cashier to Horne Brothers, of Finsbury Pavement, and used to go to prisoner's shop to tea. After I had been there a few times he asked me if I could fetch him some ties or anything of that sort. I said, "I dare say I could." He said he would give me some money for them. That was all that was said about the price. I stole some ties. On Saturday, December 14, I went to prisoner's shop in order to point him out to the police officers. I had previously given him, on the same day, two ties, which I had got out of a box in the stock room. I had not paid, and did not intend to pay, for those ties. The arrangement between prisoner and myself was that we should toss whether he paid me 6d. or nothing. That was his suggestion. The shop price of the ties was 6 1/2 d. each. The cost price would be about 5d. Prisoner had previously had ties from me which I had come by dishonestly—in all about 21. Included in those were one or two shilling ones. We tossed for those in the same way, sixpence or nothing. There was one 2s. 6d. tie, for which prisoner agreed to give me 7d. and an additional 5d. if he sold it. He also asked me to get him a good muffler, but I told him I could not, as they were in an awkward place. I got him a bowler hat, for which he paid me 2s. 10 1/2 d., the cost price. That I paid for. He asked me to get him some collars, and I told
him they were in half-dozens and dozens. I was charged with stealing the ties and placed in the dock at the police court. I confessed and was bound over to come up for judgment. I took only one or two of the ties at a time. I remember going round to prisoner's restaurant with two police officers. Sergeant Stewart asked me to point out the man I gave the ties to, and I pointed out prisoner. Stewart then said to him, "We are police officers; we have come to arrest you on the charge of receiving stolen goods." Prisoner answered, "I have chucked them away." Stewart then said, "If you do not produce the ties we shall search the shop." The ties were produced from a chocolate box. The officer asked him how much he gave me for them, and he said "Sixpence each." The officer asked me how much he gave me for them and I said, "Sixpence or nothing each."
Cross-examined. I had been at Messrs. Horne Brothers' about 11 months. I have nothing to do with the handling of the ties in the shop, and I am not supposed to touch them at all. Till about two months before December 14 I received 10s. a week, and after that time 12s. I received my wages up to Friday, December 13. Messrs. Horne Brothers allow their employees the privilege of buying anything they want in the shop at cost price and I used to buy things pretty often for myself and sometimes for my father. I never sold anything that I bought for myself. I used to go to prisoner's shop twice a day—at lunch time and at tea time. On one occasion only did I ask prisoner to give me credit till the end of the week. I was surprised when prisoner asked me to steal the ties of my employers. I expected that he would give me some money for them. That was the beginning of the whole thing. I had done nothing dishonest up to that time. I consented to do it on so slight a temptation on account of the money. I am sometimes short of money and money is an object to me. I do not bet or play cards, but I found a difficulty in living on 10s. or 12s. a week. I live with my parents. My fare sometimes cost me 5d. a day and I had to pay for my meals, and 1s. 6d. a week I put by for my clothes. I had 2s. a week for myself. Ninepence a day I used to allow for meals and mother had the res✗. I stole ties on a good many occasions. It was not I in the first instance who asked prisoner if he would buy a tie. I did not take him first the 2s. 6d. tie and tell him I had bought it for 8 1/2 d., but that, as I had not enough money for my lunch, I would let him have it for 7d. I told prisoner I could get anything in the shop at cost price. He never refused what I took him. I deny that he said to me over and over again that he did not want them and that I forced them upon him in order to get money for food. I may have had to press him once or twice. He is a good-natured Italian. I did not suggest that we should toss for the ties because he said he was full up of them and did not want any more. When I told him I could get anything at cost price he said he would like a hat and gave me the size, 6?. He was not satisfied with it and I changed it twice. I did not ask prisoner if he wanted any mufflers. I was caught in the act of stealing
two ties on December 14, and I was brought before one of the managers, Mr. Rich. After a time I made a statement to Mr. Rich and a policeman was called and I was taken to the station. I then went with Sergeant Stewart, Constable Marriott, and Mr. Rich to defendant's shop. Prisoner tried to make the constable believe that he had chucked them away. I understood from that he meant to convey that they would not be found on the premises. This was at about four o'clock, an hour after I had given prisoner the ties. When the police intimated that they would proceed to search the premises, prisoner produced the ties, which were in a box on a shelf behind the counter concealed by some bottles. Prisoner and I were taken before the magistrate on Monday, December 16, and remanded till the following day, and in the interval I made a statement to the police. On the Tuesday my case was dealt with at once by the magistrate, and I was bound over to come up for judgment, if called upon. I then went into the witness-box and told practically the story I have told here to-day. I understood that if I did so it would be a good thing for me. The button I wear in my coat is that of the Clayland's Institute, which is connected with a church. Four ties were found at the house I live in. Those I stole for myself.
Re-examined. I am no longer in the employment of Horne Brothers. I was previously in a provision shop and left with a very good character. I had taken two other ties the same day in the morning and given them to prisoner.
ARTHUR WILLIAM RICH , manager of Messrs. Horne Brothers. In December last Meech was employed as cashier at the shop in Finsbury Pavement. On December 14 a statement with regard to him was made by one of the porters, in consequence of w✗ch I had Meech arrested. In consequence of what he said to me, I made a communication to the police and afterwards went with Meech and the police to prisoner's restaurant. One of the officers, having stated that he was a police officer, accused prisoner of having received some ties, and prisoner said he had chucked them away. The officer said he would have to search the shop, and prisoner then produced a box full of ties from a recess behind the counter. I identify the ties as belonging to Messrs. Horne Brothers. After one of the officers (Marriott) had gone out two young fellows came into the shop, one of whom asked prisoner if he had any more cheap ties. I did not hear him make any reply. There were 23 ties in the box.
Detective EDWARD MARRIOTT , City Police, gave evidence as to going with the previous witnesses to prisoner's shop in Moorfields. When asked about the ties prisoner said he had "chucked 'em away." When witness told prisoner he was going to search the shop he produced the ties in a box from a small counter at the back of the shop.
Detective JOHN STEWART , City Police, gave similar evidence. He also stated that, after Marriott had left the shop two young men came in, one of whom asked prisoner if he had any more cheap ties. Accused made no reply, and they walked out of the place.
BONAVENTURA MANDARO (prisoner, on oath), examined through an interpreter. I live at 20, Finsbury Market and am a confectioner. I have been in England seven years. I have never been charged with a criminal offence either here or in my own country. For five years I was employed by Lucidoro Maubro at 50, Clifton Street, Finsbury, and for the last 12 months I have been carrying on this sweetstuff shop in Moorfields, to which City clerks come sometimes for a cup of tea and for lunch. I knew Meech as coming there for lunch and tea. I bought some ties of him from time to time, the first time being about two months ago. It came about in this way. He came in one day at about 12 o'clock and said, "Jack, won't you buy a tie?" I said, "I do not want to buy a tie; I have plenty." He then said, "I have not any money for lunch, and I want to sell you a tie." He produced the 2s. 6d. tie, and asked me to give him 7d. for it, which I did, and he had his lunch there that day. It is not true that I said to him, "Can you get me any ties?" I believed he was a respectable young City clerk. In about another week he came in with another tie, and after lunch asked me if I would buy it. I said I did not want any more ties. He pressed me three or four times, and said, "This is the last tie I will bring you." I said I did not want any more at all. He said the cost was 4 1/2 d., and that he had bought it at cost price of his governor. Ultimately I bought that one for 4 1/2 d. I did not understand that I was buying a tie that Messrs. Horne Brothers could sell for 6 1/2 d. Nothing was said about tossing for the ties. After a bit he came again with another two ties, and said if I would buy them he would not bring me any more, and I could have the two for 9d. I told him I did not want any. He again pressed me three or four times, and said he had not any money for food. Then he offered to toss "sixpence or nothing." I lost, and paid him 6d. each for the ties. We tossed in the same way several times after that. He also told me if I wanted anything out of the shop he could get it at cost price. At my request he brought me a bowler hat, which I bought. I sold two of the ties to two customers. They were in a box behind the counter, and I was asked if I wanted to sell any. This was about a week before I was arrested. The tie I have on I bought of Messrs. Hope Brothers, in Aldgate, and also the muffler. I am 26 and was to have been married the week before Christmas. Meech told me if I wanted to buy a muffler he could get me one. I did not believe he was stealing the ties. He told me he got them by paying for them. Now and again I gave him credit for his meals. I did not say to the police that I had chucked the ties away but that I had chucked them into the box. I did not understand what they said, but that is what I meant.
Cross-examined. I am fond of ties, and know a good one when I see it. The 2s. 6d. tie would be a cheap tie at 7d., but I did not take much notice of it. Meech practically forced me to buy the ties. It was when he brought me the 6 1/2 d. ties that the suggestion as to
tossing arose. I lost always, and paid always, but I did not want them. He never told me that one tie was a shilling tie. When Meech asked me if I wanted collars I told him I had sufficient. I buy collars at Hope Bros. When the police came in I did not pay much attention to what was said, as there were customers in the shop. I was asked three or four times to sell ties to customers.
The following witnesses to character were called: FRANK ELDRIDGE , manager to Messrs. White and Co., mineral water manufacturers, Camberwell; LUCIDORO MAURRO , confectioner, Clifton Street, Finsbury; and JOSEPH TOMEY , chief clerk to Messrs. Gatti Brothers, chocolate manufacturers, Haggerston. Mr. MAURRO stated that he had sold prisoner the business in Moorfields for £50 down and £70 payable on June 25 next.
Verdict, Not guilty. Upon a further indictment no evidence was offered, and a formal verdict of Not guilty was returned.
BEFORE THE RECORDER.
(Monday, January 13.)
BROWN, Bertram (32, agent) ; obtaining by false pretences from Frederik George Hinkley the sum of £30, with intent to defraud; obtaining by false pretences from Ernest George Batson the sum of £35, with intent to defraud. There were other indictments for obtaining money by false pretences from other persons.
Sir Charles Mathews and Mr. Arthur Gill prosecuted.
ALICE BEATRICE HILTON . My sister and I carry on business as typewriters under the name of L. Austin and Co., at 131, Finsbury pavement. I know prisoner as Bertram Brown. On July 22 he came to our office. We had then an, office to let, an inner room, with access through the outer office. The rent was 10s. a week. He said he was an accountant. I think he said he was just starting in business. We agreed to let him the office. An agreement was entered into on July 18, and on the following Monday he took possession. Finding that the rent was not regularly paid I gave him notice on October 15. Three weeks' rent was then owing. The books and papers he left behind were handed over to the police in November.
To Prisoner. So far as I know no business was done. You seemed to spend the best part of your time reading the newspaper.
FREDERICK GEORGE HINKLEY , 42, Upton Road, Southgate, ware-houseman. Towards the end of July of last year I saw the following advertisement in the "Daily Telegraph": "Clerk-collector required, for office and outdoors, salary 32s. and commission. Only one able to find cash security, give best references, and disengaged, need apply. Addreas, Box 9, 824, care of Dixon's, 195, Oxford street." I answered the advertisement, and received a communication from prisoner, and went to 131, Finsbury Pavement the day
after Bank Holiday. I went through an office where there were some lady typewriters into a room where I saw prisoner. He said he was an accountant, and also bought and sold businesses. He said that if he engaged me my duties would be to go round and investigate different businesses that he had down on his books; part of my duties would be indoor clerical work, and port outside investigation, and if any of the businesses were sold I should have to collect the commission. He said I should have large sums of money passing through my hands as much perhaps as £50, and he would require a cash security of £30. I understood he had been at that kind of business for a number of years. He said I should be the only one in there with him, and that he bad no partner. Before leaving I paid him £10, and received a receipt in the following form: "Bertram Brown and Co., accountants and auditors, 131, Finsbury Pavement, London, E.C. August 16, 1907. Received of Mr. Frederick George Hinkley, the sum of ten pounds on account of the agreement money. (Signed) Bertram Brown and Co. June 8, 1907." He said if I went to him the next day he would have more agreements drawn up, and then I could pay him the balance of the £30. Next day I went again and paid him the £20. I signed one part of the agreement, and the prisoner signed the other, and my brother witnessed both. Under that agreement I became assistant collector of commissions when due, correspondent, and confidential investigator of businesses at a weekly salary of £1 12s., and also a further 2 1/2 per cent. commission upon every account I collected. The agreement was terminable by either party giving a month's notice and in the event of that being done the £30 was to be repayable to me. The Agreement having been signed on the 7th, I took up my duties on the following Saturday. August 10. Each morning prisoner gave me a number of letters, and asked me to go to the various addresses and find out what I could about the businesses, what were the takings, and so forth. That went on for three weeks. I had to ask whether they were willing to pay a fee for registration in his books, which he sometimes said was 5s., at other times 7s. 6d. In three cases I was successful in obtaining money for registration, and that was all the money that passed through my hands, in all 25s. So far as I know, no business resulted from the people whom I saw, and no commission ever became payable to me. For the first three weeks I got my salary regularly, for the fourth week I only got the 24s., which was paid during the fifth week, and for the last four weeks I did not receive a penny. I asked prisoner how it was he could not give me the full salary for the fourth week, and he said that 24s. was all he had got, and he used strong language to me, as though I had no right to ask him for the money. I gave a month's notice at the end of the fourth week and left when the notice expired. Not a farthing of the deposit was returned. I think the last occasion I saw him at the office was during the fifth week. I used to go to the office day after day and waste my time waiting for prisoner to come in. Prisoner wrote me the following letter: "1, Carlton Park Avenue, Raynes Park, Wimbledon,
S.W. Dear Mr. Hinkley, when I went to the post office saturday evening with the intention of wiring you £3 4s. it was 7.25. The clerk said that if I wired it it would coat 1s. and would not be delivered in time for you to get to the post-office and cash it. I am, therefore, sending you by registered letter postal orders to this amount, and same should reach you some time on Monday. I apologise if I kept you waiting, but it was unavoidable, and now that our family affairs are arranged and the money shortly to be paid over to us as legatees, I shall always have money ready each week and no waiting. I have given due notice for your deposit to be paid to me in 28 days, so that there will be no delay. Kindly do what there is to do on Monday morning, as I shall be up some time during the day. I will settle the few shillings expenses and get on the advertisements. I am, yours faithfully, B. Brown. N.B.—The solicitors informed us on Saturday that the legacy is well over £500 each person, so there is no doubt after this week no one will be kept waiting." A registered letter containing the postal order promised did not reach me on the Monday or any subsequent day. I went to 1, Carlton Park Avenue on three occasions, and there saw a person who said she was prisoner's wife, but he was never in when I called. On one occasion Woodroff (another person victimised) happened to be making inquiries simultaneously. After I had finished going to the office I communicated with Messrs. Edmonds and Rutherford, solicitors, and they wrote to prisoner, who replied that he refused to have any communication at all with me except through my solicitors, and he would call on them at the office, but he never did. In the month of November my attention was directed to an advertisement in the "Daily Chronicle." and it being similar to the one I had answered, I thought it was probably Mr. Brown advertising again, and communicated with the police. On the following day (November 21), I went with the police to an office in St. Paul's Churchyard, where the name "Edwin Jones and Co." was up, and there saw prisoner, who was arrested by Inspector Leach.
WILFRID CHARLES WOODROFF , Kirkside, churchfield Road, Walton-on-Thames. In August of last year I saw the advertisement in the "Daily Telegraph," "Clerk-collector," etc., which I answered and received a reply, and on August 9 I went to Finsbury Pavement, where I saw prisoner; he told me he was an accountant, auditor, and business transfer agent, and was doing very well indeed. He said my duties would be to remain in the office all day long and answer inquiries, while he was out investigating businesses. I asked him what security he required and he said a cash security of £35. I asked him why he wanted it, and he said I should have to go out collecting commissions which would sometimes amount to £20 a day. Nothing was said about references. I believed what he said about his business. He said he would give me a salary of 32s. a week and commission of 2 1/2 per cent, on the amounts collected. I agreed to the terms, paid over the £35, and took up my duties on Friday, August 9. An agreement was drawn up and signed. I did not see Hinkley till the
following week. I saw some letters relating to different kinds of businesses. My salary was paid for three weeks. In the fourth week I got 2s., and in the fifth and sixth weeks 4s. and 9s. Prisoner said he was expecting a legacy from his wife's father. I continued to go to the office till it was closed about the first week in October. Prisoner told me he had put my £35 in a bank, and I believed that statement at the time. The only business that was done was by way of inserting advertisements in newspapers, which would attract answers, and persons would sometimes register their businesses with prisoner. He did not come regularly to the office. I think in the last three weeks he turned up once. I went to Raynes Park, Wimbledon, several times for the purpose of getting my money, and on one occasion I got 9s. I had previously been an insurance clerk, and this £35 was very nearly all my capital. All I had in return was 111s. I had some correspondence with prisoner, who wrote on September 10 that he was sending me postal orders by registered letter to the amount of £3 4s., but I never received them.
WILLIAM GORDON BARNETT , Northbrook Road, Ilford. I saw the following advertisement in the "Daily Telegraph" on September 6. "Required, young man as confidential correspondent, manager, accountant's office. Salary £2 weekly and bonus. Security (returnable) required, £50. No others need apply. State age, experience. Box 9964, care of Dixon's, 195, Oxford Street." I answered the letter and received a postcard in reply, in consequence of which I called at 131, Finsbury Pavement, and saw prisoner on September 10. He said he was an auditor and accountant, and did a very large business, that he was opening another office in the West End, of which in time I should be manager. He said he wanted £50 as security, but did not give any reason. He did not ask what experience I had had, or for references, but in the result I agreed to enter his service and paid £10 on account of the £50 security, and he gave me a receipt. He gave me a form of agreement, providing that the employment might be determined by three months' notice when the amount of the security would be returned. I consulted with my friends and determined not to proceed with the matter. I did not see prisoner again.
HERBERT SCOTT PEARSON , Forest Hill. On September 11 or 12 I saw an advertisement in the "Daily Telegraph" for an inquirer and collector at a salary of 28s. a week and commission, £25 being required as security. I replied to the advertisement, and received the following letter from "Bertram Brown and Co., accountants and auditors, 131, Finsbury Pavement, London, E.C., September 16, 1907. Dear Sir,—We are very busy just at present, and we wanted a young man at once. We, however, are seeing a number on Tuesday morning, nine o'clock, and if you will call we will be pleased to give you an interview. You might suit us. As regards three days' notice from the Post Office, we have wired for £5 to £10 and have been paid in four hours. Therefore, we advise you to bring, say £10 when calling for interview, and be prepared to start at once.
We wish distinctly to point out that we give you an agreement and notice of one month is given or required, and the £25 is, of course, returnable at the expiration of agreement. The berth is progressive, and salary will increase if right man. We shall be agreeable if you drew £10 by wire to-day (Monday) and the balance by Wednesday or Thursday morning. Hours are not long, but we want a careful and trustworthy young man. If you think you could fulfil our wishes there is no need why you should not suit us. We will therefore not decide until we have seen you on Thursday morning, nine o'clock." I took the £10 with me, and saw prisoner at Finsbury Pavement. He told me he was an accountant and auditor, and my duties would be to make inquiries as to businesses. Security was discussed, and I paid him £10. I believed it was a genuine business. Few days later I received an agreement. I did not pay the further £15. I left four days later, because I was not satisfied with the business. On going round to people they told me that somebody else had been. So far as I am aware no business was transacted in the buying and selling of businesses.
ERNEST JOHN BAXTER , Fulham. On Tuesday, October 22 I saw the following advertisement in the "Chronicle": "Outdoor clerk and representative. Wanted, young man, capable interviewer, and trustworthy to collect accounts. Salary 30s. weekly. One able to find £25 cash security (returnable) preferred. Apply by letter, stating age, references, etc., to Box 5209, care of Dixon's, 195, Oxford Street." I answered the advertisement, and had a reply on the following Thursday, in consequence of which I went on the following day to 83, St. Paul's Churchyard. I saw prisoner. The name, "Edwin Jones and Co." was on the door of his office. He said he was an estate and business agent, and wanted me to go about examining into businesses to see if they were genuine. He said he wanted the security as I might have to handle £500 or £600 for him in the course of a fortnight. He did not ask for references, but I told him I had been working for my father. As he said he wanted me to start at once I went home and got £10 and he give me the following receipt: "Edwin Jones and Co., estate and business agents, Wiltshire House, 83, St. Paul's Churchyard, London, October 25, 1907. Received of Mr. Ernest Baxter, 72, Rosaline Road, Fulham, S.W., ten pounds on account. Balance to be made on Monday. Edwin Jones." On the following day (Saturday) I went out to examine into three businesses in my district, and I reported on them on the following Monday, on which day I paid the balance of the security, £15. An agreement was entered into that I was to have a salary of 30s. per week, and 2 1/2 per cent. commission on amounts to be collected, and the agreement also provided for the repayment of the security on the termination of the agreement in the following terms: "Furthermore, in conclusion, it is hereby mutually agreed that should either party be desirious of terminating this agreement, he shall give unto the other three months' notice in writing of so doing, when the said sum with interest at the rate of five per cent. shall be repaid to the said
Mr. Ernest John Baxter." During the time I was there no business was transferred to my knowledge. When I parted with my money I believed it was a genuine business. The only money I collected was 5s. for an advertisement. I was there three weeks, up till the time he was arrested.
ERNEST GEORGE BATSON , Leyton. Early in November I saw an advertisement in the "Chronicle" and went to St. Paul's Churchyard and saw prisoner. He asked for £35 security, returnable, as I should have to collect accounts outside. He spoke of opening a branch office in Oxford Street and said I should go there in a few months and have one employee under me. My duties would be to interview gentlemen who had businesses for sale. I rather liked the idea; I thought it was a position with great possibilities. I paid him £5 on the spot and was to pay the remaining £30 within the week, which I did. I also had an agreement terminable by three months' notice, and at the expiration of it I was to have my money back. The salary was to be 35s. per week. In the second week prisoner was arrested. I did not know he had been carrying on business as Brown. He said he had been in St. Paul's Churchyard since June. I did not collect any money for him. The first week he gave me 27s. 4d.
To prisoner. I was previously employed by the Great Eastern Railway Company and left to better myself.
Detective-sergeant LEACH , G Division. On November 21, in consequence of information received, I went to 83, St. Paul's Churchyard and saw prisoner at an office on the first floor. I was accompanied by Hinkley. I told prisoner who I was and read the warrant to him charging him with obtaining money by false pretences. In reply prisoner said, "Ridiculous. If you had waited, Hinkley, you would have got your money back. You would have got £100. Now you have taken a criminal prosecution you will get nothing." On the way to the station he said, "You can get me penal servitude and all the lashes you like, but it won't do you any good, Hinkley." I took possession of memoranda, cash-box, and cards, having the name "Edwin Jones and Co." on them. There was nothing in the cash-box. The books are here if prisoner wishes to refer to them. At the station I asked prisoner if he was "Edwin Jones and Co.," and he said, "No." He had on him £1 gold, 2s. 6d. silver, and 1d. bronze, two imitation gold rings with imitation stones, four keys on a ring, a knife, and some cards with the name "Edwin Jones and Co., estate and business agents, 83, St. Paul's Churchyard." I found four forms of agreement at the office similar to those which have been produced, also 19 answers to advertisements, which had been published on November 20, from different people offering different amounts as security, some saying they could give none and some offering £50 and upwards. I also found some betting books. On November 26 I went to 131, Finsbury Pavement, and saw Miss Hilton, who showed me into the room which had been occupied by prisoner. Some books and papers were handed to me by Miss Hilton. There was no letter-book, but there was a cash-book with a few entries in.
Prisoner, called upon for his defence, said that it was impossible to tell when a business would be sold, and he was expecting to realise commissions on the sale of three or four. He called as a witness Miss Elizabeth Jolly, with whom he had been living at Wimbledon, who stated that she had money of her own, and was willing to repay the moneys that had been advanced as security.
Sergeant Leach said that in 1899 prisoner, under his own name of Simes, set up as a ladies' costumier at 211, Oxford Street, and left owing a very considerable amount for rent. Prisoner had a relative in the police force, who, he thought, would not give prisoner a very favourable character. It was believed that at one time he made a ready-money book on racecourses.
Sentence. Eighteen months' hard labour. The Recorder observed it was astonishing that prisoner could have supposed that this very clumsy fraud could be successful for any length of time.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 8.)
BROWN, Henry (40, stevedore), STEVENS, Alfred (36, pianoforte tuner), BROWN, Martha Louisa (29, servant); all feloniously making counterfeit coin; all feloniously possessing two moulds for making counterfeit coin; all posessing counterfeit coin, with intent to utter same.
Martha Louisa Brown pleaded guilty.
Mr. Beaumont Morice prosecuted. Mr. Burnie defended Henry Brown and Stevens.
Detective-inspector GEORGE GODLEY , K Division. On December 17, 1907, at four p.m., I, with Sergeant Eustace and four other officers, went to 306, Grange Road, Plaistow. I sent three officers to the rear of the house and knocked at the door, accompanied by Eustace and Rigg. I heard a dog bark furiously, a scuffling of feet, and moving of chairs inside. After about a minute the door was opened by Mrs. Felton. After speaking to her I went upstairs to the first floor front room with Eustace and Rigg. The door was ajar. I entered and saw Martha Brown. Stevens was standing leaning on the mantelpiece. I said, "What is your name? I am a detective-inspector of the police." He hesitated. Eustace then said, "Your name is Godsell, is it not?" He said "Yes." In the centre of the room was a table, with two chairs near it, a quantity of plaster of Paris, and a clamp on the table and a cloth. In manufacturing coins the mould is held in a cloth with a clamp and the metal poured into the aperture. There was a very large bright fire
In the grate. The blinds were nailed down over the windows. Eustace took ladle (produced) from the fender. It was very hot and contained hot metal. On two ledges inside the chimney were two moulds—a double one for making florins of 1896 and 1901, which appeared to have been recently used, and an unused mould for making sixpences. A box was on the table which contained mould produced, which was very hot, and 23 counterfeit florins, some of which were warm—11 dated 1896 and 12 dated 1901. Stevens then said "I am innocent of this; I came to tune the piano downstairs for Mrs. Felton. This young woman (Brown) asked me up here for an immoral purpose and she showed me a mould and other things. That is all I can tell you. I am innocent of the affair. Go downtairs and fetch Mrs. Felton up." Brown said, "I occupy this room." I went down and saw Mrs. Felton, came back, and said to Stevens, "The landlady says she has not seen you to-day; she did not know you were in the house, but you tuned her piano about a month ago." Stevens said, "She told me to come again to-day to do it. I was to come just before Christmas." Henry Brown then came into the room. I said to him, "I am a detective-inspector. What is your name?" He said, "Henry Brown." I said, "I have found moulds and counterfeit coins here in this room. Consider yourself in custody." He made no reply. I afterwards said to him, "I find that you occupy this room in the name of Hilman and pay 3s. a week for it." He said, "Yes." The female prisoner said, "This man (Brown) does not live here" and looked towards him and said, "You had no business to come up. You are seeking trouble; you are a silly fellow to come up here. I told you always to knock." Then she turned to me and said, "You hear what I say, don't you, sir? His name is Brown and my name is Brown. I occupy the room. The names correspond with one another." Brown made no reply. He was searched by Eustace—silver and coppers were found upon him, and also two keys, one of which fitted the front door. Martha Brown said, "I gave him that key." She went to the mantelpiece and took two coins from a box, which had plaster of Paris on them. I said, "Those are two bad florins." She said, "No, they are not bad, they are good ones." I found they were good florins, dated 1896 and 1901, corresponding with the moulds in every way. I found a piece of slate which is used for testing coins—good coins will cut the slate, but bad ones of soft metal leave a greasy mark. We found a bottle labelled, "Potass Cyanide—Poison," and a piece of metal. I noticed that Stevens's hands were covered with plaster of Paris. When he spoke of tuning the piano I said, "Your hands are covered with plaster of Paris." He claimed an overcoat that was hanging on the door and a felt hat on the bed. He gave me the address of 6, Albert Terrace, Bow. Afterwards he corrected that to No. 1 and gave me his card: "Alfred Stevens, pianoforte tuner and repairer, 1, Albert Terrace, Bow, E." I had inquiries made at that address and found it was false. In the room I also found two pieces of metal, packet of plaster of Paris, two pairs of
scissors, two knives, one having plaster adhering to it, two brushes used for cleaning the coins, a pair of pliers, a very small file for finishing, and a rent book. It was a very complete coiners' outfit. The moulds are well made. The rent book commences July 29, 1907, showing payments up to November, 1907. I conveyed Stevens and Martha Brown to West Ham Police Station, Eustace taking Henry Brown. On the way Martha Brown said, "It is a long time since I had a ride in a cab. Who gave you the information about us?" I said, "I shall not tell. If you were to tell me anything I should not tell. You know that without saying." She said, "When thieves fall out honest people get their own." I charged the three prisoners with the possession of moulds and manufacturing 23 counterfeit florins. Stevens said, "Shall I say what I said to you before, sir?" I said, "No, I will tell the magistrate." Henry Brown said, "I did not know what I was brought here for." Martha Brown said, "Can we have bail?" I then returned to Grange Road and made a further search. On the floor of the room I found small pieces of white bright metal, and on raking out the fire I found white metal and copper wire in the grate. (All the articles were produced.)
Cross-examined. I watched the house three-quarters of an hour before I knocked, during which time no one went in. Brown came in about 20 minutes or half an hour afterwards. It was found that Stevens had lived at 1, Albert Terrace 12 months previously. When Brown came in he at once told me his name was Brown. His name is Charles Hilman. He told me he had been living with the woman in the name of Hilman. The female prisoner's name is Sanderson. Her husband was convicted in July last for possessing moulds. She was indicted and acquitted as acting under the coercion of the husband. (To the Jury.) I found on Stevens a pianoforte key, a tuning fork, and a piece of wire. (To the Judge.) The piano was downstairs in Felton's room. We watched the house from a piece of waste ground about 50 yards off at first; as it got dark I went close to the house, and, seeing the appearance of a bright fire, determined to enter. I was close to the house for about five minutes, so as to allow time for three officers to get to the rear. It is a very quiet neighbourhood. I heard no noise of tuning; the room containing the piano was in complete darkness. There was no light at all downstairs. I walked down the street first at 3.40 p.m.
Detective-sergeant WILLIAM EUSTACE , K Division. I accompanied Godley. I searched the male prisoners. I found on Brown 11s. in silver, 1s. 6d. in bronze, and two keys, one of which fitted the front door; and on Stevens a piano key, a tuning fork, and a piece of wire. I found he had lived at 1, Albert Terrace 12 months before; his name is Godsell and he lives at Abbot's Road, Poplar.
Cross-examined. When Godley asked Stevens his name he made no reply. I then said, "Your name is Godsell?" and he said, "Yes," and, I think, after that gave his card. Mrs. Brown's hands were also covered with plaster of Paris.
JOHN FELTON . I have lived at 306, Grange Road, Plaistow, for about four months. I let a room to Henry Brown in the name of Hilman from July 29, 1907, at 3s. a week. He took the room himself, and afterwards brought the woman and lived there with her. She came about the same time. Stevens's name is Alfred Godsell; he is my wife's brother. He has come with his wife and child to my house to tea now and again; I do not recollect his ever coming alone. I leave home for my work at about 5.30 a.m. and return at seven or 7.30 p.m. About three weeks before the arrest I asked Stevens to tune my piano. I asked him to come and tune it just before Christmas. It had been tuned about a month before, and I then asked him to come again to do it just before Christmas. I signed statement in book produced. (Cross-examination as to statement made to the police by witness was objected to. Objection allowed.) (To the Judge.) I am somewhat deaf. About three weeks or a month before Christmas Stevens was tuning the piano when I got home, and I asked him to come and see to it, because it is a damp place, and I thought it might affect the wires. I paid him for tuning it. I knew him as Alfred Godsell. I never knew him as a tuner of the name of Stevens. When arrested he was living at Abbot's Road. I do not know how long he had lived there. I never went to see him.
MARY ANN HARRIS , assistant matron, West Ham Police Station. On December 18, at eight a.m., I heard Martha Brown speak to Henry Brown, who occupied a cell close to her. She said, "Do not forget, you had only just come to my place when they followed you in." I could see into her cell through the sliding door.
WILLIAM JOHN WEBSTER , Inspector of Coins, H.M. Mint. I have examined the articles produced. There are two plaster double moulds for making florins of dates 1896 and 1901, one of which only has been used. There is also a mould for sixpences, which has been used. The two good florins have been used as pattern pieces, from which the moulds have been made. They have been specially cleaned for making the cast. There are 11 counterfeit florins of 1896 and 12 of 1901, all of which have been made from this mould. They are unfinished. They are admirable examples of the caster's art; very well made by a skilful hand; they show very great sharpness, which is unusual. Some coiners have what is called an edging tool; that is not present here. All the articles are part of the coining apparatus. The cyanide of potassium is used for plating; making silver solution. (To the Jury.) All these coins are made from the same mould. The mould would remain hot for half an hour. The coins cool more readily—in five or 10 minutes—and if found warm they must have been made very recently, the hot ones within a minute or two and the cooler ones a few minutes before. Counterfeit coins of soft metal cool much more quickly than silver. The coins found, as stated by Godley, would have been made within quarter of an hour.
HENRY BROWN (prisoner, on oath). My right name is Henry Hilman, but I have used the name of Brown for some years. I am a stevedore. I have never had a charge preferred against me. I have lived with Martha Brown or (Sanderson since the end of July, 1907. I sent her to take the room for the purpose of stopping with her occasionally. I did not go myself. I never spoke to Felton, but he knew I was going there. He is wrong in saying I took the room. Martha took it in my name, and that is my rent book. I went there nearly every night. I went out usually at about 5.45 to 6.30 a.m. to the Albert Docks to see if I could get a day's work there, and went, round the docks or sometimes got a job at house-breaking in the City, returning home at about six p.m. On the day of my arrest I went out at 5.45 a.m. to look for work, and did not return to the house until I came home and was arrested. I knew absolutely nothing of the kind of thing that was going on.
Cross-examined. I believe the woman took the room on July 29, and I had been there from the end of July until December 17. I am not a stevedore employing other men, but I go and look for a casual day's work. I picked up one or two days' work in a week. I have been going under the name of Brown for six or seven years. Martha Brown took the room, in the name of Hilman with my permission. She lived there altogether. If I did not get a job at the Albert Docks I went to the East India or Victoria Docks. If I thought I could get a night's work I would atop there. I have done about eight days' work during the month prior to my arrest. I was also doing a bit of private betting. I have for some years worked entirely for bookmakers and am known in the locality, and people pay me commission for taking money to the (bookmakers. After I was remanded the police asked me if I wanted to give any account of myself—did I want to send anywhere for a character? I said "No, I did not." If I had sent for characters in the dock the chances are they would give me no more work. Eleven shillings was found on me—nearly all in shillings and sixpences. I had won it playing banker on the Monday; I won about 9s. I had also the previous week done two days' work, from seven a.m. till 10 p.m., for 22s. I did not give anything lo Martha Brown that night. I knew she had been charged for coining, with her husband. I came in on the night of the arrest at 5.55 p.m. She said, "You had no business to coale upstairs; you are seeking trouble." We had had a row a couple of days previous, and she told me she did not want to see me any more. I knew her before July 29, but had not been living with her; we then went together to 306, Grange Road. That was my home—I had no other place to live. I hardly took any meals there; nothing in the morning, but in the evening I would have a bit of supper.
Verdict. Both guilty.
Brown was stated to have had no conviction, but had done no honest work for seven years, although he may have done a day or
two's work at the docks. He was known as an associate of betting men and prostitutes and as a bully; also as go-between from the coiner to the utterer.
Stevens was sentenced at this Court on December 14, 1896, to six months' for uttering; at Maidstone Assizes, November 27, 1899, 12 months for uttering, and on three occasions brought up and discharged for coinage offences. He was known as one of a family of the most expert coiners in London, several of whom had appeared at this Court during the past 20 years. Prisoner has instructed many in the art of coining.
Martha Louisa Brown was known also as Mrs. Creeder, is a clever mould-maker, and for 12 months has been an associate of coiners, her husband receiving five years' penal servitude in July, 1906, for possessing moulds.
Mr. Webster stated that the florins for which Johnson and Turner were yesterday convicted of uttering were from the mould found on prisoners, the coins being very skilfully made.
Sentence: Henry Brown and Stevens, Six years' penal servitude; Martha Brown, Four years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Friday, January 10.)
DANSIE, Arthur (30, fitter), HALL, Ernest (19, fitter), INGRAM, Charles (28, fitter), and BASSETT, Arthur; all pleaded guilty to conspiring and agreeing together to feloniously steal various articles, the property of the Vanguard Motor 'Bus Company, Limited.
Sentences: Dansie, Ingram, and Bassett, Three months in the second division; Hall, Two months in the second division.
BEFORE THE COMMON SERJEANT.
(Monday, January 13.)
Mr. H.A. Godson Bohn prosecuted; Mr. Walsh defended Shepherd.
JOHN PATTERSON , seaman. On December 25, 1907, at 9.20 p.m., I went to the "Lilliput Arms," Queen's Road, Custom House, with my stepson, a boy of 10. As I came out Shepherd came towards me and said, "Who are you looking at?" I said, "Not you, friend." He struck me several times in the face. I tried to get home with my little boy, when I received another blow from behind, right behind
the ear—I believe from Shepherd. I fell with the blow. The same man—Shepherd—then assaulted me on the ground, felt on my chest, and put his hand into my trousers. My money when I got up was gone. When in the public-house I had taken 8s. 6d. from my purse and put it in my right-hand trousers pocket. As Shepherd got up was I put out my hands and tried to hold him, when the other man, Joyce, got me round the shoulders and nearly pulled me down. Then as I tried to get up again I got a kick from Joyce on the face, the mark of which is still visible. Three or four days afterwards I found it was more serious than I thought, because I had sores all over my head. When I got up I was dazed—there was one lamp, but I thought there was a hundred. I saw the two men go down Martindale Road. I am quite sure prisoners are the two men.
Cross-examined. I may have been kicked in the ribs—I felt pretty sore all over two or three days afterwards—I am not sure about the ribs, but I am sure about the head. According to my idea it was Shepherd, who both hit me on the back and knelt on my chest. No one else assaulted me until that happened. I heard my stepson, Davoin, at the police-court say it was Joyce who knocked me down. I could not return the blows, as I had my little boy with me—he would very soon cry end cause a disturbance, and I should have had my neighbours round me if I had started any trouble. I thought it would be showing me up living in the street where a lot of neighbours know me. That corner is dangerous to any man, you very soon have a gang on you. That is why I said, "Not you, friend," because I thought I should get home if I did not say much to him. There was no fight at all; I had no row with anyone. Being Christimas Day I had had some refreshments, but not too many. I was not drunk. I had had perhaps five or six glasses of ale; no spirits. Living three or four years in the neighbourhood I knew Shepherd by name, but I do not think I have ever spoken to the man. (To Joyce.) I knew your face as soon as ever you got hold of me. I know you threw me down and kicked me.
Re-examined. I did not see the man properly who struck me the blow from behind, but I thought it came from Shepherd.
WILLIAM DAVOIN , seven years old. I am sometimes known as "Bill Patterson." I live with my mother and stepfather, the prosecutor. On Christmas evening I went with my father to the "Lilliput Arms." After we came out I saw Shepherd outside. He said to my. father, "Who are you looking at?" My father said, "I am not looking at you, friend." Shepherd then, struck father in the face. Father then walked across the road, holding my hand, to the corner of Martindale Road. Then he was knocked in the back of the neck by Joyce, and fell down. Shepherd knelt on his chest. Shepherd had his hand in father's right-hand pocket, and then father tried to get up and Joyce kicked him on the chest. Prisoners then ran away down Martindale Road. I have seen them both before and know them. I am quite sure they are the men.
Cross-examined. I did not say to the magistrate that I knew Joyce, because I knew Shepherd well. I am quite sure it was Joyce who knocked my father on the back of the head. I went to the police-station with my father, and on the way told him the names of the men—I knew the names of both of them. (To Joyce.) I knew you before.
EDWARD STANNARD , 46, Martindale Road, Custom House. On December 25, at 9.30 p.m., I saw prosecutor with his little boy in the Queen's Road. I also saw the prisoners. Joyce tripped prosecutor up by his leg—pulled him with his hands; then Shepherd came and kicked him as he lay down, in the ribs, and afterwards in the face. Then Joyce came round and started hitting him in the face while he was on the ground. I saw prosecutor try to rise when Shepherd put his hand on him and rifled his pockets. I know the prisoners well.
Cross-examined. By rifling his pockets I mean he put his hand in one of his trousers pockets; I could not say which. I have not been talking to anyone about this case. Shepherd kicked prosecutor while he was on the ground. He then knelt on him. I was outside the public house when the policeman came up to arrest Shepherd. I knew he was in the scuffle. There were no other men present—only women, and boys like myself. When it was all over these two prisoners walked away very quickly down Martindale Road, and then prosecutor's wife and another woman came up.
WILLIAM ALLEN , 41, Martindale Road, Custom House. On December 25, at 9.30 p.m., I saw prosecutor standing at the corner of Martindale Road. The two prisoners came up, and Albert Shepherd knocked him down, got on top of him, and got his two hands round his waist. Prosecutor put his hands up and tried to get up, then Joyce tripped his legs and Shepherd knelt on him. Joyce ran away down Martindale Road and Shepherd followed. The whole thing was pretty quick.
Cross-examined. I know Davoin and Stannard. What first attracted my attention was seeing Shepherd's hands round prosecutor's waist. The crowd was round and I was in it. They came up after he was knocked down—at first there was only a few—men, women and children. I have not been talking about this case to other little boys. I did not see very much of it.
Police-constable HARRY CUPPER , 921 K. On December 25, at 10 p.m., I arrested Shepherd outside the "Lilliput Arms." I said, "I am going to take you into custody for assaulting and robbing a man to-night." He replied, "What, I have only been in the house a quarter of an hour." I conveyed him to the station. While being detained he said, "Governor, I would rather do a f—g bust than he brought here for nothing." Joyce was brought in with him; they were charged together and made no reply. Prosecutor was at the station, his face was cut and bleeding; he appeared to have had a rough time of it. He was sober.
Cross-examined. I know the corner where the struggle took place well. There is a lamp at the corner and another half way down the
street; it is not too well lighted. Shepherd meant to deny having had anything to do with it.
Police-constable HERBERT BURR , 832 K. On December 25 I was with the last witness and arrested Joyce. I said, "I am going to take you into custody for assaulting and robbing a man to-night at Martindale Road." He said, "Me rob and assault a man? Why I have not been in the house a quarter of an hour." I took him to the station; he was charged with the other man and made no reply. I searched prisoners, found on Joyce 5 1/2 d. and a mouth organ; on Shepherd 8 1/2 d. They were arrested a few minutes before closing time (10 p.m.) at the door of the "Lilliput Arms."
Prisoners' statements. Joyce: "I plead not guilty, reserve my defence, and call no witnesses." Shepherd: "I would like to fetch some witnesses forward."
ALBERT SHEPHERD (prisoner, on oath). I live at 52, Martindale Road, Canning Town, and am a lighterman. On December 25, 1907, I spent the whole evening in the "Lilliput Arms." About 9.15, or later, I heard a noise, went outside and saw prosecutor in a squabble with some other men. You could not call it exactly fighting, there was argument, talking very loud. Prosecutor was bleeding as if he had been fighting and thrown about in the road. I asked a friend to come and have a drink, returned to the public house and remained there till I was arrested at about 9.45. I had nothing to do with the assault. When arrested I had only 8 1/2 d. on me.
Cross-examined. I entered the house at 6.30, remained there till this occurrence took place, was outside about five minutes, went back to the house again and remained there till arrested. I did not say to the police-constable I had only been in the house a quarter of an hour. The police-constables and the prosecutor are inventing their story.
Re-examined. I should like to explain that when we were arrested and taken to the station we were not identified. Prosecutor came in with the little boy and the inspector said, "Pick him out." He put the words into his mouth and the boy said, "Yes, his name is Shepherd." We were charged and put in the cell, not being identified and had no chance of calling anybody from outside.
FRANCIS JOYCE (prisoner, on oath). I was in the "Lilliput Arms" at seven p.m., and I left there at five minutes to nine in company with Mrs. Pitt and Mrs. Berry, went to Mrs. Pitt's house and stayed there till 20 minutes or a quarter to ten, when I came over to the "Lilliput Arms" and stayed there till arrested.
Cross-examined. When I told the police-constable I had only been in the house a quarter of an hour I meant the last time. I am going to call Mrs. Pitt and Mrs. Berry. When I returned at a quarter to ten, Shepherd asked me to have a drink. I heard about there being a row. I saw nothing of it. The evidence may be a made up plan
against me. I think I know the boys who have given evidence by sight. I cannot suggest that they have any animus against me.
Verdict, both Guilty.
Shepherd admitted being convicted at Woolwich Police Court in July, 1907, for stealing from a ship, with six weeks' hard labour. Other convictions for loitering and stealing were proved. He was stated, during the last two years, to have been getting his living by robbing drunken sailors.
Joyce admitted being convicted at West Ham on August 11, 1904, receiving six months for stealing from ship in dock. Other convictions for stealing and loitering were proved.
Sentences: Shepherd, three and a half years' penal servitude; Joyce, four years' penal servitude.
BEFORE MR. JUSTICE BIGHAM. (Thursday January 9.)
Mr. Curtis Bennett and Mr. L.A. Laurie prosecuted; Mr. C. Bray defended.
PHYLLIS MARY MCEWEN , 34, Red Lion Street, Richmond, daughter of deceased. On Sunday, December 15, I returned from Sunday School between 4.30 and 4.35. As I went in my father came out to tell the boys to leave off shouting round his door. There were a lot of boys. It had happened before. He went straight up to the boys in the direction of the "Forge," and I followed him. Prisoner asked my father if he wanted to buy a yellow guinea-pig or a green crow. My father said he did not want anything to do with him. Tomasso said something to my father which I did pot hear, and then he gave my father a blow on the chest, and my father fell down near the fence. Then he got up again and went into the road. He went like this (turning one hand over the other), but never doubled his fists. I think he tried to defend himself. Then prisoner gave him another blow in the side after my father rushed at him. My father fell about on the kerb, and I ran home and told my mother.
Cross-examined. When I followed my father out of the house, Tomasso was standing by himself. My father was known as "Slasher McCan." I do not know why. When the boys annoyed him he used to follow them into the street. I do not know that he threw stones at them or thrashed them. He used to chase them with a stick occasionally.
I did not hear my father say to Tomasso, "Why do you not prevent the boys throwing stones at my door?" nor did I hear Tomasso say, "I did not do it, and I cannot prevent them doing it." While my father was talking to Tomasso a crowd of boys and girls came up. I saw Ethel Garrard there. I did not see someone push her towards my father and Tomasso. I heard somebody shout, "Go it, Slasher." That was before Tomasso struck my father. I did not hear my father call Tomasso an ignorant pig. When the struggle commenced Tomasso was making fun of my father. My father seemed angry. Tomasso was not angry. I did not see my father strike Tomasso. He did not strike a blow at all that I saw. Only two blows were struck. I have described the first blow as a push. He was pushing my father away. Then on the second occasion my father rushed at Tomasso, who was in the middle of the street. The whole affair lasted about three minutes.
FREDERICK COLLIER , 1, Lower Mortlake Road, farrier's improver. On December 15 about 4.40 I was in Red Lion Street talking to Ethel Garrard and the prisoner. We were opposite the "Forge." I heard some boys calling out, "Slasher McCan." I saw McEwen, who was telling the boys they ought to know better. Prisoner hid behind a girl, after tapping McEwen on the left shoulder for fun. The boys used to annoy him every Sunday. Then prisoner made a rude noise with his mouth and hollered out, "Slasher!" McEwan said, "You are not a man. You have not the breath of a man in you. You are an ignorant pig." Prisoner said, "I will put you over the fence." McEwen said, "It will take a dozen like you," or something like that. Prisoner said, "I have ate six men like you before breakfast," and put himself in a fighting position. When McEwen saw that, he Went like this (turning one hand over the other). I should not call that a fighting position. Prisoner hit him, and he fell against the fence. He hit with his fist, I think. McEwen got up again almost immediately and stepped from where he had fallen, and then prisoner hit him again, and he fell. McEwen had not done anything to prisoner. I did not see him hit him. The prisoner's blow fell on McEwen's stomach, and he fell like a log on his face and he did not speak again. I helped to take McEwen into his house.
Cross-examined. I did not hear McEwen ask prisoner to stop the boys from throwing stones at his door. I do not know that McEwen ever caught the boys and punished them. I could not say when prisoner became angry. He struck the first blow in anger. After McEwen called prisoner a pig he did not strike him.
Re-examined. I did not see McEwen hit prisoner. If he had done so I should have seen it.
ALBERT BAKER , 6, Sheen Vale, Richmond, golf caddie. At about 4.45 p.m. on December 15 I was in Red Lion Street, and saw a crowd outside the "Forge." I saw prisoner hit McEwen and knock him against the fence. McEwen got up and walked into the road. He had his hands down; he was not in fighting attitude. Prisoner hit him again and knocked him down. McEwen fell flat on his face.
Cross-examined. I came up rather late in the day. I did not see McEwen with his fists closed. I think I said at the coroner's inquest that McEwen was standing with his fists closed.
Re-examined. His fists were down by his side.
ETHEL GARRARD , 9, Long's Cottages, Richmond, domestic servant. On December 15, about 4.45, I was in Red Lion Street with Collier, talking to prisoner. The boys were round about us, and I saw McEwen come towards them. I heard a voice call out, "Slasher!" When he came up to the boys he told them to behave themselves. Prisoner tapped McEwen on the shoulder and then hid behind a girl, and made a rude noise with his mouth, and called out "Slasher." McEwen turned round and saw who it was, and said, "Who spoke to you, you ignorant pig. You have not the breath of a man in you." Prisoner said, "I will put you over the fence." McEwen said, "Would you?" Prisoner said, "I have ate half a dozen men like you before breakfast." McEwen said he was not afraid of anybody of his own stamp. Prisoner then got into a fighting attitude, and McEwen went like this (turning one hand over the other). Then prisoner struck the blow in the chest and McEwen fell against the fence in a sitting position. Then McEwen got up and walked into the road, doing the same thing with his hands. I told prisoner to let him alone, because prisoner was too strong for him. Prisoner gave him another blow and McEwen fell down. Prisoner is in the Militia. I have seen him punch the ball, but I have not seen him box anybody.
Cross-examined. Prisoner ran behind Caroline Sharp's back after tapping McEwen on the shoulder. Prisoner took it as a joke up to a certain point. I heard the boys shout out, "Go it, Slasher," encouraging him to strike prisoner. I did not see McEwen rush at prisoner.
JAMES GREGORY , 3, Wellington Place, Richmond, golf caddie. On December 15, about 4.45, I was near the "Forge." I heard prisoner say, "Death to all the pigs in Ireland." I suppose McEwen was an Irishman. Then I saw prisoner in a fighting attitude and rush at McEwen and give him a blow with his left fist in the chest, knocking him against the fence. He got up and walked out into the road, where prisoner was. Prisoner struck him again in the stomach, and he fell down on his face. I did not see McEwen hit prisoner at all.
Cross-examined. It was not all over when I came up. I have not talked to Ethel Garrard about this case. It is true that at 4.45 I was in the park, but the park is not near half a mile away from Red Lion Street.
CAROLINE SHARP , 9, Prospect Place, Richmond, domestic servant. On December 15, about 4.45, I was in Red Lion Street and heard the boys calling out "Slasher." I turned round and saw McEwen come from his house and ask the boys to leave off calling after him. I saw prisoner pat him on the shoulder and then make a rude noise with his mouth. McEwen asked him to leave off, and prisoner shoved McEwen against the fence. Afterwards prisoner hit him again and
knocked him on the ground. That was after McEwen had rushed towards prisoner, but McEwen never hit him.
Cross-examined. Prisoner did not run behind me. I did not see him run behind anybody. The quarrel arose very suddenly. Before you could turn round they were fighting.
Re-examined. McEwen rusned towards prisoner to hit him, but did not do so, and prisoner hit him a blow which knocked him down. ELIZABETH ANN MCEWEN , 34, Bed Lion Street, widow of deceased. My husband was 46 years of age. He was a gardener. His father was Scotch and his mother was Irish. On December 15 I saw him go out of doors in the afternoon. Soon afterwards he was brought back, and a doctor was sent for and came soon after five o'clock. My husband was not out more than two or three minutes.
Cross-examined. My husband was very excitable at times. The boys used to annoy him, and he used to rush out after them and sometimes throw sticks and stones at them, I believe. He was an apparently strong man. I was told that on one occasion he hit a boy named Hockley over the head with a stick, but I never saw it. He had been abroad, in hot countries. He never complained of pain in his head. I never heard that he had had sunstroke.
HAROLD BAXTER BOULTER , Hill Street, Richmond, medical practitioner. On December 15 I was called to 34, Red Lion Street, about five p.m., and saw McEwen, who was then dead. I found upon the forehead a scalp wound about-an inch long; there was a contused swelling over the right eyebrow, and various scratches and abrasions upon that side of his face and upon his nose and cheek. The next day Dr. Gardner made a post mortem, at which I was present. We formed the opinion that death was caused by an effusion of blood on the brain caused by the rupture of a vessel, which was caused by the blow which he received on his head.
Cross-examined. Excitement will sometimes cause the rupture of a blood-vessel. The scalp wound was not very, severe. The wounds upon the right cheek were more than scratches, but I could not call them severe. The bruise over the right eyebrow may have been due to the fall. The wounds were not such as to cause death.
MATTHEW HENRY GARDNER , medical practitioner. On December 16 1 held a post mortem, with Dr. Boulter, upon McEwen's body. We concluded that death was caused by pressure on the brain from blood which had poured out from a ruptured blood vessel, which rupture was caused by violence. It may have been caused by the blow on the face, or by the force of the fall.
Cross-examined. Excitement will cause the rupture of a blood-came vessel. It is only because I heard that there was violence that I to the conclusion that violence caused the rupture.
Detective-sergeant ALBERT OHATT . About 5.55 on December 15 I went to Red Lion Street, and saw the dead body of McEwen. subsequently went to Hounslow and made inquiries, and at 10.20 I went to 2, Derby Road, Hounslow, where I saw prisoner. In reply to the charge he said, "He struck me first. I struck him back in selfdefence."
He did not say anything about a scar upon his face. I took him to Hounslow Police Station, and subsequently to Richmond.
Cross-examined. Constable Taylor was with me when I arrested prisoner. I heard him say something to Taylor. When we got to Hounslow Station I saw a slight scratch under his eye, which looked as if it had been done quite recently.
Captain HANCOCK , Adjutant. 7th Battalion Royal Fusiliers. Prisoner has been in the battalion from September 1, 1906. During the time he has been soldiering he has had a very good character. He is now lance-sergeant.
GEORGE LONG , 10, Bottom's Place, Richmond. On December 15, about 4.45, I saw McEwen come up to prisoner. He said, "You are an ignorant pig." Prisoner put himself in fighting attitude, and McEwen rushed at him and struck him on the face. Prisoner then hit him and knocked him down. McEwen got up and again ran at prisoner, who was standing in the middle of the road. Prisoner knocked him straight down on his face. I am certain that McEwen hit prisoner first.
Cross-examined. I was not called at the police-court nor before the coroner. Mr. Tomasso, prisoner's father, first asked me to give evidence a week ago. He did not give me a penny, nor any money, nor promise me any. I told my mother that he had given me a penny, so that I should not have to give evidence. I did not wish to give evidence because I was afraid of losing my job at the baker's if I came here. I did not tell my mother that the statement I had made to prisoner's solicitor that McEwen had hit prisoner first was false. My mother did not tell me that she went that evening to the inspector of police at Richmond and told him that I had said it was false. My mother is not here. When Mr. Tomasso asked me to go to the solicitor he did not tell me what he wanted me to say. Mr. Tomasso and I went together to the solicitor's office. It was about five or 10 minutes' walk. He said, "Come with me and tell the truth." He did not tell me what the truth was. He did not tell me what I was to say. Mr. Tomasso said, "Speak the truth and tell them what you see." It was a lie that he had given me a penny.
Re-examined. I did not want to come here. I told the solicitor that I would not come unless he gave me a letter saying that I must come. I got the letter. It is at home.
JAMES FROST , 12, Artichoke Alley. Red Lion Street, Richmond. On December 15, about 4.45, I was in Red Lion Street with Ethel Garrard and some boys and girls. I saw McEwen coming out of his door. He came up to prisoner and said, "Why do you not stop those boys hollering?" Prisoner said, "I have once." Then McEwen said, "You are an ignorant pig," and prisoner said "Am I ignorant? Death to all the pigs in Ireland." Then McEwen knocked him on the shoulder and said he was ignorant again, and went to punch him, and then prisoner went and hit him, and he went up against
the fence. Then he got up from the fence and rushed at prisoner, and prisoner hit him again and he fell down.
Cross-examined. Prisoner got angry after he was called an ignorant pig several times, but McEwen hit him first.
Cross-examined. It never made me angry when McEwen called me an ignorant pig. I did not tap him on the shoulder to annoy him. That ain't a game of mine, interfering with people. I thought he came up joking to me, and I did it as a kind of joke. I knocked him down after he struck me on the cheek; the blood was streaming down from my face. I pushed him away the first time; I did not hit him then. After I shoved him he rushed at me to hit me. Then I rushed at him and he went down. I did not hit him with my fist. I put my hands against his chest, because I am not a fighting man. I do not box. All the time I was in camp I, did not go in for it.
Re-examined. Some of the crowd were saying, "Go it, Slasher," encouraging him to fight me. That was when we were both at it. When McEwen first came up to me I was not at ell angry with him. It is untrue that I ran behind the back of a girl and made some remark. That is all untrue; that is what makes a man get out of temper. I take my oath McEwen struck the first blow. It is not a game of mine to interfere with people. I never interfere with nobody. I always go about minding my own business. Verdict, Not guilty.
BEFORE THE RECORDER.
(Thursday, January 9.)
Mr. Charles Doughty prosecuted; Mr. Purcell and Mr. Rentoul defended.
Sergeant CHATT . On October 17 I received a communication from Alfred Harris, who was convicted at the November Sessions of housebreaking. In consequence of that I looked out, not for a cleanshaven man, like prisoner, but for a man wearing an auburn moustache. On October 26 I saw a man answering the description given me in the Essex Road, just opposite the Home and Colonial Stores. Subsequently I saw him entering 21, Duncan Terrace. I am certain he is the man now in the dock I searched the house but was unable to find him. I next saw him at Vine Street Police Station on December 10, and told him he would be charged with being concerned with Alfred Harris in breaking and entering 17, Larchfield Road, Richmond, and stealing certain property. He said, "I thought I
had got to be identified." I replied, "You will be put up for identification, but you will be charged whether identified or not." I then took him to Richmond, where he was charged. At the police court I overheard him say. "I do not think it fair to bring the other prisoner up to give evidence against me, as his evidence would not be taken on my behalf." At that time Harris had not given evidence against him, and as far as I know nobody had told him that Harris would do so.
Cross-examined. I kept watch on Duncan Terrace in consequence of information given me by Harris. A letter was received by the police from Harris while in Pentonville. Harm has been three times sent to penal servitude, besides several terms of imprisonment.
Re-examined. Harris has never accused anyone besides this man of this particular offence.
NORA FENN . I help my mother in keeping a restaurant at 10, Kew Road, Richmond. I remember two men coming into the restaurant on October 17, at about half-past three, and staying nearly two hours. I was rather suspicious of them. One of them was the man in the dock and I saw the other at Richmond Police Court. Prisoner was not so rough-looking as he is now, and had an auburn moustache, but he had no moustache when he was at Richmond Police Court. When prisoner was put up for identification at the police court I failed to pick him out, but I am now certain he is the man I saw in the restaurant on October 17.
Cross-examined. I said before the magistrates, "I would not be sure of these two men again." I should think there were about a dozen men in a row at the station, fair and dark, short and tall, young and old. I walked deliberately along the row and picked out a man, and said I thought that was the man. When I saw prisoner at the police court I recognised him as the man who had been to our shop. The man I picked out was of the same stamp and had the same coloured hair and moustache, and he was of about the same age and height. I said before the magistrate to prisoner: "I should not have picked you out this morning if you had been lined up with others as you were in the police station, but I recognise you now that you are by yourself."
Mrs. CHARLOTTE MORRISON , 17, Larchfield Road, Richmond. I let apartments, and one of my lodgers is Mr. Robertson. On October 17 I left my house at half-past five in the afternoon fastening the front door behind me. When I came back a quarter of an hour afterwards I found the door had been forced.
ERNEST MORRISON , a little boy, gave evidence that on October 17 his mother went out and he was left by himself in the kitchen. There was a knock and ring at the front door which he did not answer. Two or three minutes afterwards the door was burst open and two men came in. He ran out of the back door to the front of the house and spoke to a man named Swindell.
me I waited outside No 17. In a minute or two two men came out and he pointed them out to a policeman. The constable took one and witness went after the other, who went in the direction of Mort-lake Road, but failed to catch him. Witness could not identify the man, and could only say that he had a bowler hat on.
ALFRED HARRIS . I am at present serving a term of 18 months' imprisonment for breaking into 17, Larchfield Road. I committed that crime in conjunction with prisoner Clare, whom I have known for a period of 12 years, for the last eight intimately. I met Clare early in the morning of October 17 and we had a drink or two together in the Hampstead Road, and he suggested we should go to Richmond to "do" a place he knew of that could be broken into. We went to Portland Road Station and took tickets to Richmond, but he failed to discover the place he wanted to break into; so he suggested we should do another. We waited in a coffee shop for two hours and left there about half-past five. At 10 minutes to six we found this place unattended; prisoner Clare forced the door and we went in. He was at that time wearing a moustache.
Cross-examined. Clare stated at the police court that I was living on a woman's earnings. He had never threatened me before October 17, and we were on the best of terms. It is not true that Clare and some other men refused on one occasion to drink with me in the "George," Liverpool Road, first of all because they said I was a "policeman" (an informer), and, secondly, because I was living on the earnings of a prostitute. I have never assisted the police until the present occasion. There is honour among thieves to a certain extent.
To Mr. Doughty. When I saw Clare at the "George" was within a week or so after I came out of penal servitude. We were not at all unfriendly at that time; we were on the best of terms.
JAMES CLARE (prisoner, on oath). I was not concerned with Harris in this burglary on October 17. As to whether Harris had reason to have a grudge against me my version of the affair is this: When he came back from his seven years' penal servitude he walked into a public house called the "George" and asked several to drink with him. They refused to do so on account of his living with a woman who walked the streets and giving information and they told him to go out of their company. When he refused to do so I took up a glass of ale and threw over him and he challenged me to come out and fight. He asked what my name was, and when he heard it he said, "I will get my own back. If I do not myself I will get somebody else to do it."
Cross-examined. There was a number of people in the public-house who were friends of mine and knew Harris. The woman Harris
corresponded with when he was doing his seven years was walking Leicester Square. I had never seen Harris until he came into the "George." I knew all the other men in the "George," and he did not know me because he asked another man my name. Harris offered drinks all round. He like spoke to one and all. The woman was pointed out to me when I was in Leicester Square with several other men. It was not I who accused him in the "George" of living on the earnings of a woman, but somebody who knew him. I do not think in common sense any man ought to drink with a man who lives on the earnings of a woman. I have seen Harris five times in all—four times after I had seen him in the "George." If I said at the police court "I have only been in Harris's company five times and the last time I threw a glass of ale in his face and told him he was a 'copper' and lived on the earnings of a woman," that was a mistake and because I was nervous and an uneducated man. I deny that I have known Harris for years. I was annoyed with Harris, both for living on the earnings of a woman and for being a "copper." The parties I was with were some of them respectable married men. I have none of them here as witnesses, as I did not wish my friends to know I was in custody. I get my living at race meetings selling cards and helping the bookmakers and go to very nigh all of them. I have not had a moustache for six or eight months. On October 17 I was at Newmarket and met several people I knew, but I have not asked any of them to come here as witnesses. I do not remember seeing Inspector Kidd on October 3. I know him well. He lives only a stone's throw from where I live. I can swear I was not wearing a moustache on that day, as I have not worn it since the City and Suburban.
Re-examined. I knew nothing about Harris when I saw him in the "George" except what the other men told me about his character.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Friday, January 10.)
Mr. T. Wing prosecuted; Mr. Schultess Young defended.
On the night of Thursday, December 12, at half-past 11, I left my shop safely fastened up. On arriving there on the following morning
at about half-past eight I found some of my goods on the floor, and I communicated with the police. Investigation showed that the window in a door at the back had been broken, and that entry had been effected in that way. I identify the goods produced as part of my stock; the value of them is about £150. Cross-examined. The window was smashed. Inspector JOHN BARNARD , V Division. On the morning of December 13, about nine o'clock, I went to 17, Walpole Road, Wimbledon, and made a careful detailed examination. I found that a side door which was not used, the upper portion of which was glass, had been broken, the putty had been scraped away from the rabbets and the glass removed, and there were pieces of plate on the ground. There was a working bench, a fixture, inside the door, and there were marks of parts of the sole of a boot on the paper lying on the bench; there were various articles of jewellery and plate lying about, and the place was generally in disorder.
Cross-examined. There were not sufficient marks of the sole of the boot to compare them with the footprints of the prisoners. They were just the marks of an ordinary sole. There were no nail marks. I have not compared the prisoners' boots to see if there were any nails in them; they were not arrested till some time afterwards. The knife which was taken from the prisoners was dirty, but I could not say whether it was putty on it or not. I did not examine the knife. (To Judge Lumley Smith.) It appeared to me that the glass had been broken, and that then the glass and putty bad been removed with a knife,. ✗the pieces taken out as I have seen workmen take them out. The size of the glass which was removed was about 20 inches by two feet; I did not measure it. It was large enough for a man to get through. The pieces of glass were lying about on each side of the door, and some on the work bench; it had apparently been laid there, not allowed to fall.
Detective HENRY GODDARD , W Division. On December 13 I went, in company with Detective Wills, to 78, Charlemont Road, Tooting, at about 12 noon. There I saw, on the copper in the scullery, a basket, a bag, and two brown paper parcels. I opened the basket and the bag, and found that they contained new silver and plated goods. I did not undo the parcels then. I fastened the basket up again and covered the bag over. The bag was full and had brown paper inside to cover up the contents. I put it back the same as I found it. We then kept observation. At about 2.40 the two prisoners came to the back door and knocked. They were admitted into the scullery by the occupier of the house, and West said, "We have come for our bundles." When I heard him say that I went into the scullery and took hold of his right arm. I said to him, "Where did you get these parcels from?" He said, "We found them on Wimbledon Common this morning; and, turning to Hurren, he said, "Didn't we, Charlie?" I then told him that he would be charged with stealing them, the property of some person unknown. He said, "It is not stealing them, it is only unlawful possession." They were
then taken to Tooting Police Station by Wills and myself. West gave his name as "Albert George West, no fixed abode"; and Hurren gave his name as "Charles Hurren, no fixed abode." I then fetched the property to Tooting Police Station, where I examined the contents of the parcels. I produce a list of the articles, and Mr. Bolt afterwards attended at the Tooting Police Station and identified the property by the labels that were attached to it; he also identified a piece of blind cloth which was inside the large brown paper parcel as a piece that was taken off one of his show cases. I searched West at the police station and found in his right-jacket pocket the pocketknife produced. The distance from where I arrested the prisoners and the spot where they said they found the property is about four miles, and it is about three miles from prosecutor's premises. Prisoners were present when I examined the parcels.
Detective-sergeant JOHN GILLAN , V Division. At about 6.30, on December 13, I saw prisoners at the Tooting Police Station. I told them that the property had been identified by Mr. Bolt, of Wimbledon, having been stolen on the previous night from his shop in Walpole Road. I told them they would be conveyed to Wimbledon Police Station, where they would be charged with breaking and entering. Hurren, referring to the property, said, "I suppose the stuff is worth about £200." We conveyed them to Wimbledon Police Station, where they were detained. I conveyed West. On the way west said to me, "I suppose this means about 10 years. When I come out I will put Jumbo out of mess." Jumbo is an Italian who occupies the house where this property was found. They were subsequently charged at Wimbledon Police Station. Hurren made no reply, and West said, "What do you mean by 'stealing'?" When at the police station this knife was handed to me by Detective Goddard. I examined the blades, and on the large blade I saw distinctive marks of putty, fresh putty, and also a greasy substance on the top of the blade. On the 13th I examined the premises of No. 17, Walpole Road and found that the wood had been cut away from the window and a quantity of the putty removed with some not very sharp instrument. At the time Hurren said "I suppose the stuff is worth about £200." The property was there, most of it packed up in brown paper parcels, and in the basket. He had not seen the contents of the parcels; some small portion of the things were loose, we had not quite finished the packing up.
Cross-examined. The fragments of putty were so small that they were not worth saving. I know the inspector said that he saw no marks of putty, but he had not examined the knife—he had not seen it until it was handed to him in the witness-box. It was handed to the magistrate, and he came to the conclusion that it was putty. I could not say what the articles which were exposed at the police station were—they were small silver and plated articles.
Re-examined. There was some putty still in the window frame when I examined it—it was painted over. I have no doubt the putty had been there for years
Detective ROSE , V Division. The prisoner Hurren was given into my custody on the night of December 13 at Tooting Police Station and I took him back to Wimbledon. On the way he said, "It is hard luck falling so soon and so soft; we have not had a chance for anything, and they did not even know us at Tooting; but you can only do us for unlawful possession."
Detective JOSEPH WILLS , W Division. I went with Detective Goddard to the house in Charlemont Road. We found there a carpet bag containing jewellery, a basket containing jewellery, a brown paper parcel containing jewellery, and a curtain containing jewellery. We examined the parcels, and then went into the house and waited. At about 2.45 p.m. both prisoners came to the back door and were admitted; the door was closed and we went into the scullery. Goddard arrested West and I arrested Hurren. When Goddard told prisoner West that he should charge him with stealing this property from some person unknown West said, "We found that on Wimbledon Common, didn't we, Charlie?" Hurren said to me, "Yes, we found that on the golf links. You need not take hold of me, I shall go quiet; you have got me and I will go through it."
Cross-examined. There are golf links at Wimbledon. Persons in prisoners' position might go to look for golf balls that were lost.
ALBERT GEORGE WEST (prisoner, on oath). On the night of December 12 I was living at 13, Kohat Road, Wimbledon. I left Mrs. Bond's house, 13, Kohat Road, about half-past seven on the Friday morning and told her that I was going up to the Common to see if I could find some golf balls. When I got to Wimbledon Bridge I met the other prisoner. That is about a mile from Wimbledon Common. I asked him to go up to the Common along with me and told him I was going for golf balls. We went up on the Common and started looking about for golf balls; I was looking in some bushes and I found this parcel. I pulled out the basket, looked in, and saw all kinds of jewellery stuff in it. I said, "Charlie, look what I have found. I can see some more under there; fetch 'em out. What shall we do with them?" He said, "I do not know." I said, "Let us take them down to Jumbo's." He said, "Who is Jumbo?" I said, "A friend of my brother's." We took them to the man's house at Tooting. Jumbo opened the door. I said, "Do you mind Letting us leave these parcels here till this evening?" He said, "All right." I asked him if he had got enough to give us a drink, and he gave us 3d. There was nothing on the parcels to show who they belonged to. We went to Tooting Broadway and had a drink and then had a stroll round. While we were walking round I said, "What shall we do with the stuff?" He said, "I do not know." I said, "Let us take it to the police station." He agreed. We went back to the man's house and I said, "We have come for our bundles, as we are going to
take them to the police station." While I was speaking the kitchen door opened suddenly and out came the detectives. One of them took hold of me and said, "Where did you get these parcels from?" I said, "We found them on Wimbledon Common this morning. Didn't we, Charlie?" What Gillan says about the putty on the knife is all lies. It is my knife. I had been doing some work for this lady at 13, Kohat Road on the Thursday in the garden. I put some bulbs in and cut some sticks with the knife to stick in, so that I should know where the bulbs were. Then I did a bit of painting and used the knife to scrape the handle of the paint brush. I have got a bit of the paint on my trousers now. That was at the house where I had slept on the 10th, 11th, and 12th.
Cross-examined. It is about two miles from the house in Charlemont Road to the golf links. The Wimbledon Police Station would not be on my way as I went from the Common to Charlemont Road. It was about nine o'clock when I found the parcels. I had been on the Common about half an hour. I did not find any golf balls. When we took the things to Jumbo's house we intended to keep them there to see if anybody would own them. We thought there would be a reward up if anybody had lost them. I did not tell the police that I had slept at Mrs. Bond's house for three nights, because I did not want her name to get in the papers. It was not true that I had no fixed abode. When anybody asks where I live I always say I have no fixed abode.
CHARLES HURREN (prisoner, on oath) corroborated West as to finding the jewellery, etc. On our way to the station, after being arrested, the man who had hold of me was trying to get something out of me all the way along, but I would not answer him. When we got to the station they searched us; then they went away and came back to put us into the cell. I saw the parcels on the bench, one was open with a lot of stuff in. They were all packed up. They were sorting them out and making a bill. Wills looked into my cell a little while after; he said, "You know very well where you got that stuff from." I said, "What are you talking about? It is hard luck." Then he went to West. I did not hear what he said to West, but West said something and laughed. When we were in the train we were all arguing as to the value of it, and I said "I should think about £200." Just before we got into the train Gillan said to West, "I reckon this means about five years for you." West got a bit wild; he said, "I suppose it means about 10 year, the way you are talking, but I can do that standing on my head." That is all I know about it. I have spoken the truth, the whole truth, and nothing but the truth.
Cross-examined. In going from Wimbledon Common to Charlemont Road we did not pass the police station; the station is down Queen's Road; we turned to the right. We passed within a stone's throw of the police station. I knew that the station was there. I did not know what to do with the stuff for the moment; I was thunder-struck when we found it. We did not speak about it till we got to
Jumbo's house. West said, "Let us take it to Jumbo's house." Going along I said to him, "Do not you think we had better take it somewhere else; I do not think it will be safe there?" I did not think about its being wrong. I thought everything was quite all right When I said, "You can only do us for unlawful possession," I thought that meant finding it. I knew where I was on the night of the robbery, and I knew they could not hurt us for anything else. (To Judge Lumley Smith.) It was about a quarter past nine when we found the parcels. It did not come into my head at all at the time that they had been stolen.
Mrs. IVY BOND, 13, Kohat Road, South Wimbledon. My husband is a gardener. I employed West on the Tuesday, Wednesday, and Thursday. December 10, 11, and 12, to do some odd jobs for my husband. He did some painting, some gardening, some carpentering, and some tarring. He slept at my place on the Thursday night. He had nothing to do after five o'clock till he had his tea, and he did not go outside the door. He had his tea with my husband and me at about half-past five, and after that he sat down and read the paper. We all went to bed at about nine o'clock. He had been sleeping at my house because his mother had no room for him. On the Friday morning prisoner had a cup of tea in my house at about a quarter past seven; about half-past seven he had a wash and said he was going on to Wimbledon Common to find some golf balls. I know nothing more about him till after he was arrested.
Cross-examined. He was sleeping at my place on the three nights, the 10th, 11th, and 12th. My husband and I slept in the front room and prisoner in the back. After we went to bed at nine o'clock on the Thursday night we were not disturbed. I remember seeing Detective Gillan on one afternoon outside my front door; it might have been on the Thursday. I could not say whether I told him that I had not seen West for a month.
Re-examined. If I said that I had not seen him for a month I meant a month before I employed him on the 10th. I am a light sleeper, and if West had left the house after we had gone to bed I should almost certainly have heard him. (To Judge Lumley Smith.) I have nothing in writing to fix the days on which West slept at my house. I heard of his arrest on the Sunday. We expected him back on the Friday, but when he did not come I naturally thought he had got sometihing to do.
Mrs. JAMES , mother of prisoner Hurren. I was married a second time. On this Thursday night we all had supper at 10 o'clock, and I think it was about a quarter past when we all went to bed, and I do not know any more until I came down next morning about seven to light the fire, and I missed his boots. I ran upstairs again and said to Alice, "Oh, dear, where is Charlie? He has been to bed, but he is not here now." Dada had said to him that if he wanted work he must get up early in the morning, and I thought he had gone out to try and get work.
Cross-examined. When I saw my sons bed on the Friday morning it had been slept in, but it was not much rumpled because he slept by himself, and he never kicked about much. I did not tell Detective Gillan on the Friday that the bed had not been slept in. I know nothing of what happened between a quarter past 10 on the Thursday night and seven o'clock on the Friday morning.
Re-examined. It was the detective who started the conversation about the bed not being slept in. I took him upstairs and showed him Charlie's room. I said, "This is his room; there is his bed just as he got out of it; he could not have kicked about much, the bed is not very much rumpled." He said, "No." (To Judge Lumley Smith.) I was the first to come down in the morning. I came down about, seven; I did not know that Charlie had gone then, but he was in fact out of the house.
Previous convictions were proved against both prisoners. Sentence, both, Five years' penal servitude.