Vol. CXLVIII.] Part 880.
CENTRAL CRIMINAL COURT
HELD FEBRUARY 4TH, 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, February 4th, 1908, and following days.
Before the Right Hon. Sir JOHN CHARLES BELL , Knight, Alderman, LORD MAYOR of the City of London; the Hon. Sir WALTER GEORGE FRANK PHILLIMORE , Bart., one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart., Sir HORATIO DAVIES , Sir JOHN POUND , Bart., Sir T. VANSITTART BOWATER, Sir JOHN KNILL , Bart., and Capt. W.C. SIMMONS, Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FREDERICK ALBERT BOSANQUET, K.C., Common Serjeant of the said City; His Honour Judge RENTOUL, K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CHARLES CHEERS WAKEFIELD, Esq.
CENTRAL CRIMINAL COURT
BELL, MAYOR. FOURTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, February 4.)
Prisoner admitted having been convicted at the Central Criminal Court on July 23, 1906, for stealing a horse, Van, and contents. Five other convictions for van robberies were proved.
Sentence, Three years' penal servitude.
MINTON, George (38, engineer), pleaded guilty of stealing two postal orders, value 20s., the property of the Postmaster-General; feloniously demanding of and receiving from the Postmaster-General the sum of 19s. by virtue of a certain forged instrument, to wit, a Savings Bank deposit book, knowing the same to be forged and altered.
Prisoner admitted having been convicted at Gloucester Assizes on February 12, 1904, receiving three years' penal servitude for forgery. Four other convictions for larceny and obtaining were proved.
Sentence, Three years' penal servitude.
Prisoner had been in the Post Office service 24 years, had received two good conduct stripes, was receiving 46s. a week, and would shortly be entitled to a pension.
Sentence, Six months' hard labour.
RUSSELL, George (40, photographer), pleaded guilty of stealing one card and other articles, the goods of Vivian Samuel; being found by night having in his possession, without lawful excuse, a certain implement of house-breaking, to wit, one jemmy; stealing one watch, the goods of William Everard Cecil Barns.
Prisoner admitted having been convicted at Birmingham on July 18, 1901, for larceny. receiving eight months' hard labour. Eleven other convictions, going back to 1889, were proved.
Sentence, 20 months' hard labour.
STEVENS, George (22, tailor), and FULLERTON, William (19, coster), pleaded guilty of breaking and entering the shop of Henry Hill and stealing therein two metal watches, his goods; maliciously damaging by night a plate-glass window, value £10, the goods of Henry Hill.
Stevens admitted having been, convicted on February 14, 1906, at Newington Sessions, receiving six months for larceny and shop-breaking. Four other similar convictions were proved.
Sentence: Fullerton, Two years under the Borstal system; Stevens, 18 months' imprisonment, without hard labour, with an intimation that he be dealt with at Wormwood Scrubbs under the Borstal system, if possible.
STONE, Henry James Raymond (27, postman), pleaded guilty of stealing a post packet containing 5s. and certain postage stamps; and a post packet containing one pair of eye-glasses and one leather case, the property of the Postmaster-General, he being employed under the Post Office.
Sentence, Six months' hard labour.
WIFFEN, Charles (34, carman), and BAKER, George (28, packer), pleaded guilty of breaking and entering the shop of the Non-Tread-over Boot Company, Limited, and stealing therein three boots, their goods.
Baker admitted being convicted at Guildhall on October 16, 1905, receiving five months for stealing and wilful damage. Another conviction was proved.
Sentences: Baker, 12 months' hard labour; Wiffen, Nine months' hard labour.
Prisoner also admitted having been convicted at North London Police Court on December 5, 1905, receiving six months' hard labour for stealing. Prisoner had refused to give any assistance to the police with a view to the recovery of the articles.
Sentence, Three years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Tuesday, February 4)
WILSON, John (22, wood stainer), WILSON, John Walter (26, miner), and BAX, David (32, servant) ; all breaking and entering the shop of Vivian Samuel, and stealing therein six pocket knives, his goods; all maliciously damaging one plate glass window, value £15, the goods of Vivian Samuel.
Mr. E. A. Hume prosecuted.
Police-constable EDWARD MEE, 674 City. On January 28, at about 10 minutes past one a.m., I was on duty in Queen Victoria Street and saw prisoners. I sent for assistance, and in company with Detective Shouard and Constable Thompson kept them under observation for 40 minutes. They were walking up and down the street and loitering suspiciously near the shop of Mr. Samuel. At 2.10 there was a sudden crash and I saw the three prisoners close round one of the windows of 26, Victoria Street. I ran out from my place of concealment and arrested John Walter Wilson with six Swedish pocketknives in his hand. I did not see who threw the stone.
To prisoner Bax. It is not usual for men to loiter at that corner at that time of the morning waiting for the man, who comes from the East End with tickets for bread end butter.
Detective-constable JOHN SHOUARD gave similar evidence and deposed also to seeing prisoner John Wilson throw a stone through the plate-glass window. The prisoners had been standing between Bucklersbury and Pancras Lane. He arrested John Wilson and took him to the station. When charged, he said, "Cannot get any work; must do something" Two stones were found in the shop. Witness was about 25 yards away when the stone was thrown by John Wilson. The streets were brightly lighted, and he could see a distance of from 100 to 200 yards.
Police-constable JOHN THOMPSON, 667 City, spoke to seeing John Wilson throw something at the window, and at the tame time the glass went smash. Witness took Bax into custody and asked him what he broke the window for. Bax replied, "There are none round here only what is covered up." Two stones were found in the shop which appeared to have been brought from a distance, probably from the Mile End Road, where work in connection with the electric trams is going forward.
Bax, called upon for his defence, pointed out that he was not seen to throw the stone, nor was anything found on him, and said he had no money for a bed and was waiting about for the man with bread tickets.
Verdict, all Guilty. Previous convictions against the two Wilsons were proved. Against Bax nothing was known.
Sentences: The Wilsons, each, six months' hard labour; Bax, One month's bard labour.
HUHERNA, George (22, mechanic) ; breaking and entering a place of Divine worship, to wit, St. Stephen the Martyr Church,Hampstead, and stealing therein the sum of 5s. 8d., the moneys of the churchwardens of the said church.
Mr. E.A. Hume prosecuted.
Police-constable MARK SIMPSON, 171S. On December 30 I was on duty in Avenue Road, Hampstead, and on passing the Church of St. Stephen the Martyr, at about 10.30 p.m., I noticed that the door was a little bit open. I pushed it open further, when two men rushed out and knocked against me. I gave chase, and caught prisoner, who was one of the men, in St. James's Terrace, a distance of about half a mile. I questioned him, and he said he did not understand English. I took him to the police-station, where I found on him 4s. in silver and 11d.in bronze. Some of the money was very sticky, and there was also a sticky substance on the end of prisoners stick. I am positive prisoner is the man I pursued from the church. I only lost sight of him momentarily as he was turning the corner.
FRANK HAMPTON , verger. On December 30 I locked up the church just after seven o'clock. Just before 11 I was summoned to the church and found the vestry door had been broken open. On lighting up I found the alms box fixed inside the vestibule south door had been broken open. Underneath the box I found that the grating over the hot waiter pipes had been pulled away, and there was 6d. in the opening. I imagine that the coin had dropped down and the grating had been pulled away to facilitate getting at it. There was money in the box, which had not been opened for five months. The money was collected for charitable purposes, and distributed by the churchwardens, Mr. Frederick Morgan and Mr. Frederick Whinney, Avenue Road, Hampstead. I found the poor box had also been tampered with. I got the keys from the churchwardens in the morning. The other boxes had not been forced, but there was some sticky substance in the aperture at the top of the boxes. While I was with the vicar and the detective a jemmy was found in one of the pews, and the next night, after the watch night service, I found another one, which corresponded with some marks on a cupboard in the vestry, where our registers and some other things are kept. I think I saw prisoner in company with another man a week previous to the robbery in the vicinity of the church by the west door, which is at right angles to the south door. I ordered them away, as no one has any right to be in the Avenue after service hours. I saw prisoner searched at the police station. There was sticky stuff on some of the coins found on him.
Detective-sergeant FREDERICK BOWDEN. On December 31 I examined the church of St. Stephen the Martyr and found the vestry door had been forced. On searching inside I found the jemmy produced in the aisle close to the box that was broken open. I compared the jemmy with the marks on the vestry door and found they corresponded exactly. I examined the collection boxes and found a sticky substance upon them. There was also sticky substance of a similar nature on the coins found on prisoner.
Detective-sergeant BOWDEN said he asked prisoner at Marylebone Police Court, through an interpreter, if he had anyone who could speak for him, but he declined to give the name of anybody. He applied to the French police for his photograph and description, and was informed in answer that he was a man who was easily led away, but nothing was known to his detriment. A week previous to this offence St. Mary's Church, Hamilton Terrace, was broken into, and the jemmy marks there corresponded with those on the cupboard in the Church of St. Stephen.
Sentence, Six months' hard labour, prisoner to be recommended for deportation at the expiration of the sentence. An order was made for the restoration to the churchwardens of the money found on prisoner.
BROWN, Thomas (30, labourer), and WHATMOUGH, John (36, labourer), pleaded guilty of breaking and entering the shop of Henry Samuel, and stealing therein six clocks, his goods. Brown denied an indictment for a previous conviction in 1906 at Cardiff, which was, however, proved by Detective Alfred Davies, of the police force of that city. There was also a long list of other convictions against Brown, but against Whatmough nothing was known.
Sentences: Brown, Five years' penal servitude; Whatmough, 15 months' hard labour.
MURDOCH, George (26, seaman), pleaded guilty of breaking and entering the office of Robert Joseph Landman, in Seething Lane, and stealing therein one banker's cheque book, his goods; also confessed to a previous conviction. Sentence, 18 months' hard labour.
Before Mr. JUSTICE PHILLIMORE.
(Wednesday, February 5.)
Sentence, Seven years' penal servitude.
Mr. Bodkin prosecuted. Mr. W.H. Sands defended.
Verdict, Guilty. Sentence, Six years' penal servitude.
Mr. Bodkin prosecuted. Mr. Atherley-Jones, K.C., M.P., and Mr. J.A. Theobald defended.
various speakers discoursed on different subjects. At this spot three roads converged, and a great many people on fine mornings congregated to hear the speakers. People in the adjacent private houses could also hear them. Prisoner used to have a raised stand, on which he stood. Under an Act of Parliament, the Commissioner of Police granted a permit to prisoner to make street collections up to November last, but not since. On December I witness saw prisoner at the spot in question addressing about 200 people, and heard him speak some of the words (in a loud voice) which are deposed to by Redman. Witness also saw prisoner hold up a picture, which he could not see distinctly, and at the same time prisoner said, "Foote got 12 months for publishing this in 1883," and, pointing to the picture, made comments thereon. Witness also deposed to seeing prisoner on December 8 and 15, when language similar to that on the previous occasion was used.
Cross-examined. I had not attended prisoner's meetings before December 1. I knew he had addressed meetings at Highbury Corner for about 12 months before then. The meetings were, as a rule, quite orderly.
To the Judge. On December 15 prisoner indicated that his subject would be "The Salvation Army and Sweating," and a good deal of his discourse related to that.
Police-constable PETER REDMAN, 347 N, produced shorthand notes which he had taken at Highbury Corner on December 1, 8, and 15, of prisoner's speeches, when the following were among the words used, "I am going to poison all you young men this morning. I don't believe Jesus Christ ever lived or was. I am out to ridicule this foolish superstition. The people are sick to death of Christianity, and they come here for something else. I said the God of your Bible was an immoral old savage. I call the God of your Bible an immoral old savage. If I knew a man believed Christianity I would kill him. They drink their Christianity in Scotch. Here you will notice the people come out of church, and as soon as the church doors shut the pub opens. Their motto should be, 'Come unto me all who are beery and I will send you home heavily laden.' I put common sense in the place of Christianity. I don't believe in Noah and his blooming ark. People some years ago spoke loud, thinking God would hear them. They thought he was only up over the telegraph wires. Campbell calls God, 'Simple and silly.' Your God of the Bible is an immoral savage. There is no criminal in your gaols to-day who is so heartless as your Jehovah of the Jews." Other remarks were made ridiculing the nativity of Christ.
Cross-examined. I did not take the whole of the speech, only parts.
Inspector SIDNEY SMITH, Islington, said that he arrested prisoner (on December 19 outside his house in Fairbank Street), who said, "Who initiated the proceedings? It must have been a private person." I said that I had done so. I laid the information. Prisoner was taken to the station.
(Thursday, February 6.)
Prisoner was not called in defence.
Mr. Atherley-Jones asked his lordship to state a case on the point as to whether a direction of the late Lord Coleridge in R. v. Foote and others (15 Cox) was the test as to whether or not the words charged against prisoner constituted in law blasphemous libel, and secondly as to whether the circumstances in which the words were uttered, whereby they could be heard by passers by, including children, and might tend to a breach of the peace, should affect the question of law as to whether it was or not blasphemous libel. He also referred to an article on the subject by the late Mr. Justice Stephen.
Mr. Justice Phillimore declined to state a case.
(Saturday, February 8.)
Prisoner was released on his recognisances in £50 to come up for judgment if called upon, after giving the following undertaking: "I do hereby express my sincere regret for the utterance of the expressions attributed to and found against me, and I promise that I will not at any meeting in public attack Christianity or the Scriptures in the language for which I have been found guilty, or in any similar language, or in any language calculated to shock the feelings or outrage the belief of the public."
BEFORE THE RECORDER.
(Wednesday, January 5.)
JOHNSON, Talbot (37, billiard marker) ; forging and uttering, knowing the same to be forged and uttered, certain receipts for goods, to wit, receipts for empty baskets and boxes to the value of £2 1s. and £1 17s. respectively, in each case with intent to defraud.
Mr. Walter Frampton prosecuted.
JOHN HENRY THWAITES , salesman, Covent Garden Market. My shop is opposite the shop of Parsons, Limited, there being a passage running between the two, and I can see from my shop into Parsons' shop and see the cashier's desk there. I have seen prisoner hanging about in the market and looking into Parsons' shop. On Tuesday, January 7, I saw him about for upwards of an hour; he went into Parsons' shop and I made a communication to their cashier. On Thursday, January 9, I saw him again, after waiting some time, go into Parsons' shop at about 11.30 a.m. He presented a ticket and drew some money on both occasions. I again communicated with the cashier. I have seen him receive money in the same way on other occasions.
Cross-examined. Prisoner was loitering about for about an hour. I usually saw him between 9.45 and 11.45.
when the empties are returned a ticket is given, which is cashed by the cashier. Ticket produced, No. 9681, was issued on January 7 for one basket, Is., according to the counterfoil, which I produce. There is added to it "10 baskets at 2s." and "eight baskets at 2s. 6d.," making £2, and the amount has been altered to £2 Is. The ticket has been presented and that amount been paid. Thwaites made a communication to me on January 7, and again on January 9, in consequence of which I spoke to my cashier. At the same time I examined ticket 9681. On January 9 I was sent for and found prisoner detained in the shop. He had presented ticket 9698 produced, which purported to show that there had been one basket returned at ls., eight at 2s., and eight at 2s. 6d., making a total of £1 17s. Counterfoil of that ticket is for the basket at Is., the additional £1 16s. of value having been added. I said to prisoner, "You have been at this game long enough," sent for a constable, and gave him into custody. I have gone through my accounts for the purpose of ascertaining to what extent these tickets have been altered.
OSMOND GEORGE CHAMPION , cashier at Parsons, Limited. I am a cousin of the last witness, and have been cashier since October, 1907. I recognise prisoner as having been in the shop several times to cash tickets for empties. On January 9 he presented ticket No. 9681, and I paid him £2 1s., believing it to be genuine. The last witness afterwards gave me certain instructions. The next day prisoner presented ticket No. 9698 showing 37s. due, which I paid him, and sent for Mr. Champion, my director. I detained prisoner, and he was given into custody.
GEORGE ARDLEY , clerk in returned empties department, Parsons, Limited. I issue tickets to persons who return empties. Nos. 9681 and 9698 were both issued by me for one basket, 1s. I recognise my writing, and the counterfoil shows it. Both have additions in another and similar handwriting—the first of 10 baskets at 2s. and eight at 2s. 6d., making it £2 1s., and the second of eight baskets at 2s. and eight at 2s. 6d., making it £1 17s. I do not know the prisoner. Both tickets are dated January 9, 1908, and were issued at about an hour's interval between them.
Police-constable FRANK HAMILTON, 247 E. On January 10 I was sent for to Parsons, Limited, and saw the prisoner. Mr. Champion explained what had been done, produced these tickets, and gave prisoner into custody. Prisoner said nothing in reply to the charge. On the next day, as he was waiting to go into court, he stated he had been to the shop on several occasions. He said, "I have been there about five times, that is all." He owned to being there the day before, and said he had received 2s. from another man, but he would not state the amount he received from the desk. When searched £1 17s. 8 1/2 d. was found upon him.
Prisoner's statement: I say that I distinctly deny that that handwriting is mine. I am quite innocent if there was any alteration in the tickets. I have not been in the market for the last 12 months
until the last two or three weeks, and then only five times. I had to go through the market on my way to the hospital in Queen's Square for paralysis, I having lost the use of my right arm. I was unable to write because of the paralysis. I have no witnesses to call.
Prisoner handed in a statement to the effect that both his hands were rendered practically useless by paralysis, that the tickets were not and could not have been altered by him, that he presented them believing them to be perfectly genuine, he receiving a shilling or two for his trouble from a man who employed him. He denied that he had been waiting in the market the time stated.
Verdict, Guilty of felonious uttering.
Sentence, Nine months' hard labour. 37s. of the money found on prisoner ordered to be returned to the prosecutors.
Sentence postponed till next Session, prisoners to remain in custody, the Court Missionary, Mr. Scott-France, undertaking to endeavour to find them employment.
Sentence, 12 months' hard labour.
Mr. C. Harvard Pierson prosecuted.
ERNEST KETTERINGHAM , carman to William Donaldson, Crutched Friars. On January 23, 1908, I was in Crutched Friars with my van; there were several vans of Donaldson's there. I was ordered by the manager to take four half cheats of tea from my van to another van a short distance away. Having removed one chest, I returned to get the other three and found one had been taken. I looked down the road, and saw a man carrying something. I followed him and caught the prisoner in John Street, Minories, with the half chest of tea on this back. I asked him what he was going to do with the half chest of tea. I said, "That half chest of tea belongs to me." I took the half chest from him and brought him back to my van. I reported it to my manager, Mr. Baldwin, who gave prisoner into custody. The value of the half cheat of tea is £3 12s. (To the Judge.) Prisoner said nothing. When I asked him for the half chest of tea he handed it over to me and walked quietly back with me.
Cross-examined. I did not see prisoner take the tea. Prisoner said some man had asked him to carry it up the road and was going to give him a drink. When I caught hold of prisoner, he said,
"Let go of my arm, I will walk quietly down the road." He did not say, "I have no fear of walking down with you."
Police-constable FREDERICK DOLLIMORE, 864 City. I took the prisoner into custody. When charged he made no reply.
Prisoner's statement: I was walking along the street when a carman came out and asked me if I wanted a job. I said, "Yes." He said, "Carry this chest of tea to the corner of the Minories for me." He lifted it from the cart on to my shoulders. I went towards the Minories, and when I had got to the corner of John Street this carman came up to me and asked me where I was going. I told him the carman asked me to carry it to the corner of the Minories. He said, "That chest of tea belongs to me." He took it, and caught hold of me and said, "Come back along with me." I said. "You need not catch hold of me, I will come back." He let me go, and I walked back with him and looked round for the carman, but could not find him.
Prisoner admitted having been convicted at Rochester Quarter Sessions on April 2, 1906, receiving two sentences of six months' for burglary and housebreaking. He had also had 12 months under the Prevention of Crimes Act.
Sentence. Three years' penal servitude.
BREWER, James (25, bootmaker) ; feloniously receiving 10 silver brushes and five silver mirrors, the goods of Charles Henry Freeman; 10 dozen braces, the goods of Caroline Eliza Dymock; six pieces of cloth, the goods of James Dixon Mounsey; two gross of Stylo pens, the goods of George Shand, in each case well knowing them to have been stolen.
Mr. Burnie prosecuted; Mr. Purcell appeared for prisoner.
Prisoner pleaded guilty to receiving two gross of Stylo pens; the other charges were not proceeded with.
Sentence, 12 months' hard labour.
The police stated that prisoner had been in respectable employment for 22 years, bore an excellent character, and had acted under the influence of drink in committing the offence.
Sentence, Three days' imprisonment.
GRAY, John (45, painter); FRISBY, Charles (french polisher); FRISBY, Ada; all burglary in the dwelling-house of Thomas Fox and stealing therein three dozen umbrellas and other articles, his goods; receiving same, well knowing them to have been stolen.
Mr. Cornes prosecuted.
Thomas Fox, 4, Barnsbury Park, Islington, umbrella maker. On January 15 I closed my shop at 9.45 p.m. and left it safe. I live on the premises. At 7.45 a.m. the next morning I found that the door leading into the shop parlour had been forced open, the place in disorder, about three dozen umbrellas taken from the shop window, and a number of sticks missing of the value of £5 or £6. The thieves had entered from the back, forced the kitchen window, come up the staircase, and forced the back door leading into the shop. I have since seen the goods at the Upper Street Police Station and identify the bundle produced as mine. I should like to express my thanks to the police for the kind attention they paid to the case and the promptness with which they acted.
Detective JAMES BUTT, N Division. On January 16, at 7.15, I saw the three prisoners in Cannon Street and followed them to 29, Albert Street, Islington. The prisoners entered, and five minutes afterwards I followed with three other officers. I said, "I want to inquire about some umbrellas that have been stolen." Gray said, "I do not know anything at all about it; I do not live here." Charles Frisby said, "Neither do I. The woman said, pointing to Frisby, "His name is Charles Brown." Gray said, "I live at Cyrus Street." He did not know the number. I asked who rented the room. Ada Frisby said, "I do—my husband is away." I know that Charles and Ada Frisby are not husband and wife; they cohabit together. I called in a boy that lives in the house and asked him if he knew either of them. He said, "I know that man," pointing to Frisby. "He lives here." I searched the room and found a bundle of umbrellas (produced) in the corner. Gray walked across the room to a cupboard and dropped the jemmy (produced), Which Sergeant Tanner picked up. I found on Gray a skeleton key (produced). The prisoners did not state where they got the umbrellas. None of them made any reply to the charge. Charles and Ada Frisby admitted they both lived there. I do not know where Gray lives.
Cross-examined by Gray. When I came up the stairs the door was open. You stood in the room fully dressed, with your hat on. You then sat on a chair near the door.
To C. Frisby. I say you are not married to Ada Frisby, because I believe her husband is alive. When I came into the room I heard you whistling out into the street. There were two men outside the house.
Sergeant TOM TANNER, N Division. I went into the room with the last witness and saw the three prisoners. While Butt was searching the room Gray, who was sitting at the end of the bed on a chair, walked across the room and dropped jemmy produced from his right hand on to the coals in the coal cupboard. I said, "What are you doing there?" He said, "I only went there for a light." I then picked up the jemmy. After the arrest I went to Fox's premises and found marks on the doors corresponding with this jemmy.
Cross-examined by Gray. When you crossed the room I was standing near the door, the cupboard being on the right. I saw the jemmy drop from your right hand. I did not see where you took the jemmy from.
Re-examined. I know that Charles and Ada Frisby occupy the room. My information is that they are not married.
Statement of prisoners. Charles Frisby: On Thursday morning, the 16th inst. I returned home at 1.30 a.m. the worse for drink. At about two a.m. I heard someone whistling outside my house. I looked out of the window and saw two men I was slightly acquainted with. They motioned for me to go down. I went to the door and they said to me, "Mind these for us," at the same time handing me a large parcel. I said, "What is it?" One of them replied, "It is all right, only we are not going home yet and we do not want to carry them about with us." I took the parcel upstairs and went to bed. I was awakened by my wife at 7.30 a.m., who asked me if I had any paper to light the fire with. I told her to take the paper from the parcel that had been left with me. She did so, and then asked me whose umbrellas they were. I said I was minding them for someone. I then took the remainder of the paper off the parcel myself, and in doing so I found the jemmy in the middle of the umbrellas. I wanted to break some coal, and, having no hammer, I used it, leaving it amongst the coal, where it was found by the police.
The Recorder here said that he did not think it would be safe to convict Ada Frisby. It was not clear that she was not Frisby's wife; if she were the doctrine of coercion would apply.
JOHN GRAY (prisoner, on oath). About a quarter to seven I met the two other prisoners in Penton Street and asked Frisby to lend me a bit of silver. He said he would if I came upstairs, which I did. I stood at the open door with my hat on for about two minutes, when the detectives came up. I went round to them on the landing, and they said, "We have come to see about some umbrellas that have been stolen." I said, "I know nothing about it." They said. "Well, we are going to search round." They dragged me into the room and sat me down in the corner. They searched the room; one of them found the jemmy in the cupboard and handed it to Sergeant Tanner before they had anything to do with me whatever. I went across the room to turn down the light and they stopped me. (To the Judge.) The other two prisoners will prove that the jemmy was there the day before I came there.
Cross-examined. I am a painter and do not need a jemmy. Frisby is an acquaintance of mine. I did not tell the detectives about the silver, because I did not think they could charge me. I do not live there and am not concerned with the goods being there. I do not understand being charged with burglary with no evidence of when it was committed and nothing being brought home. There is no
connection between the burglary and my standing at that room door. When I was taken to the police station I offered to tell the detectives all I knew about it, but when they were saying I crossed the room with the tool and were trying to twist it on me I declined to say. I spoke to Butt. I did not say this before the magistrate, "What is the good of telling the story before the magistrate and letting the police know what defence you are going to make?"
Cross-examined. I do not use a jemmy in my trade. I did not know what it was until the police told me. The men who left the parcel with me are two brothers, named Tom and Harry Berry. I have not called them to give evidence because I cannot find out where they live. I thought they were two commission agents. My name is not Charles Brown. I did not live at Rowton House. I am legally married to Ada Frisby.
Verdict. Gray and Charles Frisby, Guilty; Ada Frisby, Not guilty.
Gray admitted having been convicted at North London on June 28, 1904. A number of convictions for housebreaking, etc., were proved—of five years, seven years, seven years, 12 months, 12 months, five years, etc., going back 38 years. Charles Frisby admitted having been convicted a this Court on July 27, 1907, of housebreaking, when he was released on recognisances as a first offender.
Sentences. Gray, Three years' penal servitude; Frisby, 18 months' hard labour.
RENNIE, Roderick Logan, pleaded guilty of obtaining credit in incurring a debt for £100 to John Vining Elliot Taylor; forging and uttering a bill of exchange for £120, with intent to defraud Samuel Tumin; forging and uttering a bill of exchange for £50, with intent to defraud the Midland Discount Company; obtaining by false pretences from Saul Tumin the sum of £23 11s. 1d.; from the Midland Discount Company, £30; and from the Staffordshire Financial Company a banker's cheque and order for the payment of £160, in each case with intent to defraud; forging and uttering a certain document with intent to defraud the said Staffordshire Financial Company.
Sentence. Three years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Wednesday, February 5.)
It appearing that prisoner had good characters from his employers and had been discharged only through slackness of work, the
Recorder communicated with officers of the Church Army with a view to finding him employment and prisoner was ordered to come up for judgment on March 31, when the Church Army will make a report on his conduct during the interval.
Sentence, 12 months' hard labour.
Sentence, Six months' hard labour.
Sentence, 15 months' hard labour.
LORD, Charles Chinnery (21, traveller), pleaded guilty of obtaining by false pretences from T. and H. Cotton and Co., Limited, of Huddersfield, goods value £111 13s.; from Herbert and Co., Limited, of Slough, goods value £70; and from Thomas Latimer, Bradford, goods value £24 19s., in each case with intent to defraud; in incurring certain debts and liabilities to the several amounts of £111 13s., £70 and £24 19s., did unlawfully obtain credit by false pretences and by means of fraud other than false pretences. According to the statement of counsel for the prosecution prisoner was engaged in long-firm frauds of considerable ramifications, and, it appearing that he was not the principal offender, the Common Serjeant sentenced him to five months' hard labour.
Mr. Wimpfheimer prosecuted.
EMMA WOODGET . I have been married to prisoner 25 years. He has been a thorough good husband. Since about August he has been suffering from pains in the head and has been under medical treatment for some time. On the morning of January 27 I was sitting against my kitchen table reading, and I called to him, "Jack, come and have a look at the paper. It is a sight." He said, "Yes," and that is all I remember, but he has been such a kind, dear husband to me. I felt that he hit me on the back of the head, and I remember wrestling with him. I screamed, and Mr. Hamilton, who lives next door but one, came in.
To the Common Serjeant. When I called to my husband he was in the washhouse. There was a chopper against the gas-stove in the corner. I did not see it in his hand.
I went to prisoner's house and knocked at the door. Getting no answer, I knocked again. My wife brought out our key knowing that it would fit their door. I rushed in, hearing a terrible noise at the back, a gurgling, as if someone was trying to scream. Pushing open the kitchen door I found Mrs. Woodget on the floor and prisoner on the top of her with a hatchet in the right hand and holding her by the throat with the other. I put my left arm round his neck and with my right hand seized the arm holding the chopper, and threw him over on to the sofa. I said, "What are you doing?" He did not seem able to speak for a second, and then said, "What have I done? What have I done?" I have known him about 12 years. In my opinion he is a very respectable man and I think everybody thanks the same. I have noticed that he has been strange in his manner, and have noticed him walking along the street as if he did not want to speak to anybody. That is the reason I ran in because I thought he might have gone mad. I believe he works at Straker's, and had been at work up to this day as far at I know. At that time of the morning he should have been, at work. He was queer, and I understood the doctor told him ho had better have a couple of weeks' rest.
Prisoner. I had been at home four days the week previously. To the Common Serjeant. I never heard of any. complaint of his ill-treating his wife. I never heard him quarrelling with her.
Constable STEPHEN FOSTER, 5 LR. I was called to Mr. Hamilton's house on January 27 about noon, and found Mrs. Woodget bleeding very profusely from a wound on the left side of her head. I asked her how she came by that, and she said, "My husband has just done it with a chopper." I did not actually see the wound as she had an apron over it. I said, "Do you wish to charge him?" She said, "No; I do not want him looked up. He is not right in his mind." I said, "Where is he?" She said, "Next door hut one." I went in to No. 5, and found prisoner sitting in a chair, looking very strange, and being held by the left hand by Hamilton. I said to him, "What have you been doing to your wife?" He replied, "What have I done?" I said, "You have cut her head open." I took him to the station and charged him. He made no reply.
FREDERICK JAMES PORTER SMITH , surgeon, East Street, Walworth. I attend prisoner's wife and family. On January 27 I was called to attend Mrs. Woodget. I found she had three large scalp wounds. She has a large quantity of hair on the top of the head, which was clotted with blood. I first found two large scalp wounds on the left side of the head. I dressed those for the time being. Then, at the request of the police-constable, I went to the Rodney Road Police Station and described the wounds. I said I should prefer them to take her back with me to the surgery and examine her further. I then found another large wound at the anterior part of the scalp. All the wounds were what one would call "severe" wounds, but not dangerous. I have dressed the wounds repeatedly, and they are going on
very well. They might become dangerous wounds, as one has to think of erysipelas. The skin in each case was broken, but the wounds did not penetrate to the bone. The wounds might have been caused by the chopper produced. There was hair on it corresponding to the hair on Mrs. Woodget's head. I saw prisoner coming out of No. 5, Hatherton Street in charge of a constable. He appeared to be very dejected and depressed. I had heard of prisoner being a little bit strange in his manner. I was not called in; I was not his medical attendant.
FRANCIS WILLIAM BROOKS , physician, 149, Walworth Road. Prisoner was attending at my surgery before this happened for treatment for pains in the head and debility. I think, in view of the assault, this was probably an attack of epileptic mania, which is a thing that comes on quite suddenly, and an attack may come on without the patient having previously suffered from epilepsy. I saw him about four days before the assault and told him he had better have a rest.
Prisoner, asked if he wished to say anything in defence, said he did not remember doing it and had no animosity against his wife He had been with his present firm for 30 years without a stain on his character. For some time he had suffered with his head and had been under several doctors. How this affair came about he did not know. It was blank to him until he was taken hold of by his neighbour, Hamilton. Fortunately, he struck his wife with the back of the chopper and not with the sharp edge.
Dr. SCOTT, medical officer, Brixton Prison, considered prisoner insane, and that he probably was so some time before being taken into custody. There was a great chance that under proper treatment prisoner might get right.
Verdict, Guilty, but irresponsible.
The Common Serjeant ordered that prisoner be detained during the King's pleasure.
Mr. A.F.S. Passmore prosecuted.
Detective-sergeant GEORGE COLE, X Division, produced the certificate of marriage between Ernest Egbert Isaac Body and Annie Elizabeth Alexander, at St. Anne's Church, Wandsworth, on March 5, 1892, and the certificate of marriage between George Albert Smith, bachelor, and Florence Julia Marksworth, on June 20, 1898 Witness added: On January 12 I went to Fifth Avenue, Kilburn Lane, where I saw prisoner. I asked him if has name was George Albert Smith, and he said, "Yes." I then told him I was a police officer, and should take him into custody for bigamy with Miss Marksworth in 1898. He said, "This is awkward; I did not expect it. I suppose what is to be will be. Who has given the information?" I conveyed him to Kilburn Police Station, where I showed him the two certificates, and charged him. He said, "I quite understand the charge."
WILLIAM ALFRED ALEXANDER gave evidence of the marriage of his sister to prisoner on March 5, 1892, and stated that he signed the register. They lived together for 15 months at Putney Bridge, and after that his sister went into service at Sevenoaks and is still alive.
FLORENCE JULIA MARKSWORTH , 17, Harvest Road, Kilburn. I made prisoner's acquaintance in 1896, when he came to our house to live. He called himself George Albert Smith, and I always knew him as a single man. He never told me he had a wife. We were married on June 20 at the Registrar's Office, Lavender Hill. He described himself as "Albert Smith, bachelor." We lived together till 1905, when, as the result of inquiries, I found he had been married before. When I taxed him with it he made no remark. I have had three children by him, of whom two are living.
To Prisoner. I admit I knew you had been living with a woman and had had a child by her. I was in the family way by you when I married you, but I do not want this to get into the papers. I have my living to get and two children to keep, and this may go against me. I think it is rather cowardly, knowing how I am situated. (To the Court.) After I left him he sent me money for twelve months but not continuously, as part of the time he was out of work.
To Prisoner. The allowance was stopped because I refused to return to live with you.
ELLEN BODY , Merton Road, Wandsworth, prisoners sister-in-law. Prisoner introduced Florence Marksworth to me before he went through the form of marriage with her. She asked me whether he was a married man. I said, "Before I answer that question what is he to you?" She said, "Nothing." I said, "Are you fond of him?" She replied, "We are all fond of him." I said, "He is a married man." She said, "Is his wife alive or dead?" and I said, "I do not know, as I have never seen or heard from her from the hour they separated." After the separation prisoner lived with me until he went to lodge with the Marksworths in 1896. Prisoner has always been called "George Body," though his Christian names are Ernest Egbert Isaac. He assumed his mother's maiden name of Smith about 14 years ago after an upset with has father. Verdict, Guilty.
Sergeant COLE stated that the separation from the first wife was in consequence of prisoner's drinking habits. He drank very heavily, but was a good workman, and was generally in work, earning good money. To the support of the two children of the second wife he had contributed nothing for 18 months. When in drink he was a very violent man. Sentence, Four months' hard labour.
Mr. Gathorne Hardy prosecuted; Mr. Purcell defended Taylor.
EDITH MEREDITH , employed as an ironer at Peckham. On January 25, about half-past six, I was leaving the "Globe" public-house, Hill Street. I said "Good night" to a friend outside, and after I had gone about six steps I received a blow at the back of the neck and one on the side of the face from Taylor. Taylor then held me while Cobb dragged the money out of my hands and continued to hold me until he thought Cobb was out of sight. I afterwards missed my ring. Cobb went to a stable in the Peckham Park Road and Taylor jumped on a bus and left. I went to the stable to see if I could get in, but it was locked inside. A friend of father's coming along said the best thing I could do was to go to the police station, and I did so. Afterwards I identified prisoners. I recovered my ring. On the Monday morning, at half-past eight, I had passed four men standing at the corner of Sumner Road and Commercial Road and the ring came rolling after me and hit the wall. I picked it up and ran home and told mother.
Cross-examined. I was with a girl named Bridget, who is also an ironer, in the "Globe," and there were two sailors there. Hill Street is a busy street. I did not scream when I was assaulted. I have never heard of the "Beaufort Arms." I did not say to Taylor, "Are you going to stand me a drink?" He did not say, "I am not going in here. We will go to the "Beaufort Arms." On the way to the "Beaufort Arms" Taylor did not point out the stable where he kept his barrow. I did not go with him into the stable. I did not speak to him and he did not speak to me. I did not afterwards in the presence of Cobb begin to cry and say, "I have lost my purse." Taylor did not say, "I do not believe you. You just now said you had no money." Hill Street is an omnibus route. I did not call out "Stop thief!" but I ran after Cobb to the stable. I had never seen Taylor or Cobb before this Saturday night. Cobb asked the manager of the "Globe" for a piece of sticking plaster and Bridget asked for a piece too and Cobb made a rude remark about it. Bridget and I came out before the prisoners. We did not speak to them outside. Bridget left me after saying "Good night."
Re-examined. When I went to the police station three was a bruise and swelling on my jaw.
Detective THOMAS HOWARD, Metropolitan Police. On January 25 I went with a constable named Hall to Peckham Park Road. I saw prisoner Cobb leave the stable in Hill Street and lock the door. We stopped him and told him we were police officers and should take him into custody for stealing 12s. 6d. and a gold ring from the person of Edith Meredith. He said, "Me a crook! I suppose you will put me up, but, there, my f—g nose will do it." We then took him to Peckham Police Station and he was placed amongst 10 other men and identified by Meredith. At the station, in answer to the charge, he said, "Right you are, governor." I searched him and found on him 2d. in bronze, a knife, and a key, which later on I handed to Inspector Badcock.
Police-constable FREDERICK HALL, 110 P, gave similar evidence.
Detective ERNEST HAIG, P Division. At 1.30 a.m., on January 26, I went to 42, Blue Anchor Lane, Peckham, where prisoner Taylor lives. I knocked, and after waiting some minutes a woman opened the window of the upper room. She afterwards came down and let us in, and I saw Taylor at the top of the staircase in his shirt. I said to him, "I am a police-officer. Is your name Taylor?" and he said, "Yes." I then said I should arrest him for being concerned with Cobb in the robbery. He replied, "That will have to be proved; you will have to prove it." I took him to the station, where he was identified by the prosecutrix.
Detective-inspector EDWARD BADCOCK, P Division. At midnight, on January 25, I was handed the key of the stable in Hill Street by Detective Howard. I undid the padlock, opened the door, and lighted a candle, and, on searching, found 12s. 1d. spread about on the floor, four two-shilling pieces, four shillings, and a penny. I was with Sergeant Haig when Taylor was arrested. He was placed in the second cell from Cobb, and I heard him say, "Cobby, Cobby, are you there?" Cobb said, "Yes. Is that you Taylor?" Taylor said, "Yes; where did they scoop you up?" Cobb said, "In Hill Street. Two splits put it on me." Taylor said, "You know what to plead. She pulled us up." Cobb said, "All right; where did they get you?" Taylor said, "In bed; two of them come in. How did they know it was me? Did you come copper on me?" Cobb said, "No fear, not me."
To the Court. There was a barrow inside the shed and a few pieces of wood as if it was occupied by a woodchopper. There was also a little lumber. There was a partition as if the shed at one time had been used as a two-stall stable. There was some sacking in the second stall, and some of the coins were on the sacking and some on the ground. The place had an earth floor and was very rough and dirty.
(Thursday, February 6.)
ERNEST TAYLOR (prisoner, on oath), 42, Blue Anchor Lane, Peckham. I am a confectioner, and sell things on a barrow. This is the first time a charge of any kind has been brought against me. Cobb occasionally helps me to push my barrow. On Saturday, January 25, I went with Cobb to the "Globe" public-house in Hill Street, about five o'clock. I am known there as a customer. The stable is close by. I saw in the "Globe" prosecutor and another woman called Bridget, and two sailors. We were all in one compartment. The two girls forced their conversation upon us. It arose in this way: The barman asked Cobb if he would have a bit of sticking plaster, and pulled a bit of stuff off a stamp, and Bridget passed the remark, "I could do with a bit of that," and Cobb said, "What
for?" The answer she made was something not very ladylike. In a quarter of an hour the two sailors came out. I did not notice how many drinks they had. When Cobb and I went outside I suppose the two girls followed us out, and Meredith said, "Are you going to treat me?" I said, "I do not mind treating you, but I do not want to go back in there again." That was because I was known there. I had never seen Meredith in my life before. The rest of the conversation was that we were to go round to the "Beaufort Arms," have a drink and make arrangements. The "Beaufort Arms" is about three minutes walk from the "Globe," and to get there we should have to pass the stable. Cobb stopped behind. As we passed the stable I said, "That is my shed." At the "Beaufort Arms" we had two drinks, and remained there about quarter of an hour. She then suggested that we should go back to the shed, and we did so. I put the sacks in the position in which they were found. When I came out I saw Cobb. When Meredith came out she said, "I have lost my purse." She started crying, and I said, "I do not believe you. You said just now you had no money, and you had no mother and father." That was a statement she had just previously made in the "Beaufort." Seeing Cobb outside I said to him, "I do not want to get into no trouble," and asked him to lock up the shed and gave him the key. It is not true that I went home by 'bus. I walked up the hill. It is about 20 minutes' walk to where I live. There is not a word of truth in the suggestion that I hit this woman on the jaw outside the "Globe," and that Cobb dragged 12s. 6d. out of her hand. I saw no money about her at all. I know nothing of the 12s. that was afterwards found on the sacking. It is correct that the "Globe" is an exceptionally busy house on Saturday night.
Cross-examined. There is no truth in what prosecutrix has said from first to last. The first I heard of this charge was when I was arrested. It is the first charge of the kind that has been made against me. "It has got to be proved" is all I said. As to the conversation which Inspector Cobb has spoken to in the cells, what took place was this: I halloaed out to Cobb, "Are you there? What did this happen over?" He said, "I got took in Hill Street." I said, "They just come and took me out of bed." I remember saying, "You know what to plead." I did not say, "How did they know it was me? Did you come 'copper' on me?"
Verdict: Both prisoners, Not guilty.
BEFORE JUDGE RENTOUL.
(Wednesday, February 5.)
HEALEY, Augustus James Fleming (51, accountant) ; conspiring and agreeing with Alfred Wright and other persons to cheat and defraud liege subjects of our late lady Queen Victoria and the King oftheir moneys and property; obtaining from Audley Salterton Archdale a certain valuable security, to wit, a banker's cheque for £375, with intent to defraud; fraudulently causing and inducing the said Audley Salterton Archdale to execute a certain valuable security, to wit, a banker's cheque for £375, with intent to defraud; committing wilful and corrupt perjury; forging a transfer of 20 shares in the capital stock in the Rhodesian Purchase and Exploration Syndicate, Limited, with intent to defraud and uttering same.
Mr. R. D. Muir and Mr. Arthur Gill prosecuted; Mr. Frampton and Mr. W. H. Thorne defended
ALBIRT HENRY HOLE , Clerk in Registry of Joint Stock Companies, Somerset House. I produce the file of the Anglo-American Exchange, limited. It was registered on December 29, 1899, with a nominal capital of £1, 000, in 2, 000 shares of 10s. each. The statement of the nominal capital is signed, "W.F. Thomas Jones, secretary, pro term" On January 27, 1900, a return was filed showing the issue of 1, 752 shares. Among the shareholders were Jessie Vernon, Edward Driver, Howick, Simpson, and Healey. On January 25 an order was made removing Howick from the list, and another order was made on February 4 removing Simpson's name. Among the signatories was "Edward Driver, 102, Brook Street, Kennington, artiste." and "Spiers, artist." A summary of the year 1900 was filed in March, 1906, signed "William T. Jones, secretary." At that date only seven shares were shown as paid, £3 10s. That was the whole capital of the company. Two shillings was called up on 1, 745 shares, but unpaid. On May 17, 1901, there was a resolution for the voluntary winding up of the company, signed "A. J. Fleming Healey, Chairman." On June 19, 1901, there was an order of the Court for the compulsory winding up of the company, and the liquidator was released on January 13, 1904. I also produce the file of the Rhodesian Purchase and Exploration Company, Limited. That company was registered on May 25, 1899. The statement of capital is signed "John Andus," or "Aldus." I do not know which, "Secretary." Nominal capital £5, 000, in 5, 000 shares of £1 each. One of the signatories is "James Frank Scott." On the file is a requisition from the Registrar for the annual statement for 1899, addressed to Scott. A letter of November 30, 1900, sent to Andus was returned from the Post Office marked, "Gone away." On January 17, 1901, a statement was filed, made up to October 8, 1899, showing that the only shares issued were those to the signatories. That is signed by Witkin, as manager. On February 4, 1901, there is another summary made up to January 2, signed "A. White, Secretary." On the same date an agreement between Edward Horace Driver, and the syndicate was filed in which Driver is described as of 65, Kennington Road, Lambeth. That agreement provided for the allotment to Driver of 1, 000 fully-paid shares, and 3, 900 shares with 7s. 6d. each credited for services rendered in connection with the formation of the company. On February 9, 1901, there is a statement as to the shares allotted to Driver. Driver is stated to be a
"mining agent," registered address 2 and 3, West Street, Finsbury Circus. On March 15 there is a notice of change of address to 201, Great Portland Street, signed "H. Herwig, Secretary"; on April 17, 1901, a further change of address, signed "A. J. Fleming Henley, one of the directors"; and on June 20, 1901, another change of address to 6, Bond Court, Walbrook, signed "White, Secretary." The agreement of January 9 is signed by Witkin and Meggie, as "Directors affixing the seal of the company."
ADAM WITKIN , baker, 32, Uxbridge Street, Kennington Road. I lived at my present address during 1900 and 1901. I knew nothing about the management of joint stock companies or about gold mining. Horace Herwig is my brother-in-law; his wife was manageress of one of my shops. At Herwig's request I became a director of the Rhodesian Purchase and Exploration Syndicate, Limited. In January. 1901, I went to Great Saint Helens to the office of Wright and Healey. Up to that time I had taken no part whatever in the management of the company. I had never seen Meggie before then, and did not know he was co-director with me. When we got to the office Herwig brought the papers out, Healey and Wright were in the private office. I signed the agreement of January 9, 1901. It was also signed by Mr. Wright in the name of "White." I did not see him sign it. I also signed the return of shareholders filed in January, 1901. After signing we went into the inner office. Mr. Wright handed Herwig some money and Healey told us that it would be a good company and a great success. It was a very small office. When we came out Herwig gave me 15s. or 16s., and gave Meggie the same. I was not aware at that time that I had signed an agreement issuing 4, 000 shares to Driver. I did not read it. Mr. Meggie read it over. No explanation was given to me by Healey or by Wright. Healey offered me £50 shares as a present. I said I did not want them. I did not want to have anything to do with the company. At a later date I saw some transfers in an office in Moorgate Street, which Wright and Healey took afterwards. I did not execute any transfers. I received the letter produced, dated February 27, 1901, and signed by White. I consulted my solicitor, Mr. Bamford, and under his advice Mr. Meggie and I had a meeting, as directors, and appointed Herwig as secretary. I received the letter (Exhibit 23.) I received another letter dated April 13, and another on June 27, 1901. (Witness identified the documents.)
Cross-examined. I am a German. I do not know Mr. Herwig's nationality. He was born in England. He married my wife's sister. I believe Wright married Herwig's sister, but I do not know much about them. The word "officer" must have been on the document produced when I signed it, but the word "manager" was not there. I did not know in what capacity I was signing. The paper was put before me and I was told there must be eight signatures to keep the company going, so I signed it. It was about 18 months before I met Mr. Healey that I first became connected with the Rhodesian Purchase and Exploration Syndicate. I swear it was Healey
who offered me the shares at the meeting at Great St. Helens, and I refused them. I may have said at the police court, "I am almost sure." I did not say, "I may have said in 1903 that it was Wright who offered me the shares." If those words are there it is a mistake; it is untrue. When I gave evidence in 1903 the accused person was Wright. I said, "The accused said he was going to give as £50 shares each in the company, and told me to put them in my wife's name. I said I would not have them." I signed the agreement of January 9, 1901, between Driver and the Rhodesian Purchase and Exploration Syndicate, Limited. I did not look at it. I trusted to Herwig that it was all right. I only went once to any of the offices connected with these syndicates. I do not know anything about the people who came to them.
Re-examined. The reason I signed the papers was because I was to be paid for it. Herwig suggested that as I was often in the City I could do the business in my spare time. Down to the meeting of January 9 I exercised no discretion in the matter at all. After that I acted on the advice of my solicitor. I did not sign any transfers.
STANLEY MEGGIE , printer and engraver, 31, King William Street. I remember becoming a director of the Rhodesian Purchase and Exploration Syndicate. I think it was soon after it was registered. Herwig called on me and took me to the office in Great St. Helens where I saw Healey and Wright. In January, 1901, Herwig called on me again with Mr. Witkin, and took us to Great St. Helens. We signed the document produced. I did not read it. I did not understand that it was an agreement. I did not know who Driver was. I had never been a director before, and knew nothing about joint stock companies. The company had lapsed for two or three years, and I thought it was a notice which had to be given to Somerset House of the restarting of it. After we had signed the paper Herwig introduced us to Healey and Wright in the inner office. There was some conversation about shares; both Healey and Wright were present, and whichever of them mentioned the shares the other must have heard what he said. I said I thought it was necessary to hold some shares to qualify for a director, and one of them replied that it was not necessary in this case. I received a guinea from Mr. Herwig for signing the document. Mr. Witkin and I had two meetings as directors after that, one at Finsbury Pavement and one at Mr. Bamford's office. At finsbury Pavement Mr. Herwig, Mr. Witkin, and Mr. Bamford were present. I took legal advice, but after that I did nothing. I did not sign any transfers, and took no part in the management of the company.
Cross-examined. I did not read over the agreement that I signed. It would be untrue to say that I read the paper through. Mr. Witkin was standing so that he could see what I was doing. He may have seen me turning over the pages. Herwig was in the room daring the conversation about the shares. I do not think it was he who offered me the shares. I could not remember now who it was. I am quite certain that, whoever it was who made the offer
of the shares, both Wright and Healey could hear it. I cannot swear that they did hear it. It is possible that the Rhodesian Syndicate had some options and some property, but I did not know it.
EDWARD HORACE DRIVER , Renfrew Street, Lower Kennington Road, music-hall artist. I have been in South Africa, but I have no knowledge of gold mining. I have known prisoner for 16 or 18 years. He was a music-hall agent, and it was he who sent me to Africa; be would know quite well what my occupation was. I was never a mining agent. I know nothing about West African mining, and never had concessions in gold mines to deal with. I signed some papers in connection with the Anglo-American Exchange, but I did not know what they were. The document produced is signed by me. I do not know the meaning of "Memorandum and articles of association." The document also bears the name of "Spiers." I knew a variety artist of that name some years ago, but do not know whether it is the same. I never had any shares in the Anglo-American Exchange and never applied for any. I know nothing about the Rhodesian Purchase and Exploration Syndicate. The signature on the document produced looks like mine. I have no idea what the document is. I do not know the Mr. Gentry who purports to have witnessed my signature. I cannot remember signing any documents in January, 1901; it is too far back for me to remember. I have signed some papers for Healey, but I do not know what they were. Every time I signed I had given me £I have lived in a great many houses in Kennington Road; it is very likely I have lived at No. 65. I am not aware that I ever rendered services and assistance in connection with, the formation of the Rhodesian Purchase and Exploration Syndicate, or furnished reports and information with regard to mining properties and options, and I am not acquainted with any financial firms. I never agreed to act as adviser and consulting manager to the company, and never knew a man named Frederick Hall, nor transferred any shares to him. I never heard of Interasso in West Africa. I never met Mr. A. White, who signs the document as "secretary." I have met Mr. Witkin and Mr. Meggie on several occasions at different places. I did not know them as directors of the company.
Cross-examined. Mr. Healey was a personal friend of mine, and if I was passing the offices of the Anglo-American Exchange I used to call and see him. I may have been there 20 or 30 times. I have signed documents for Mr. Healey at my own house; he used to call there almost every night. I was never, on very intimate terms with Mr. Wright. I do not remember doing any business with him. was always asked to stay in the outside office when I called at the Anglo-American Exchange, to wait for Mr. Healey. It would be quite possible for anyone to go into the inner office without the clerks in the outer office knowing it. I have been in the private office, but on matters unconnected with business. If I signed the document which has been produced I signed it without reading it. It look's like my signature. At the time that agreement was signed I did not
know anything about the Rhodesian Purchase and Exploration Syndicate. I cannot say that I received £1 each time I signed a document; sometimes I might have had more. I do not remember that in 1903 a number of transfers purporting to be signed by me were put to me for identification. I was asked to identify a number of signatures, but I did not know what the document were.
Re-examined. I do not remember signing a document that was studded with seals. I never transacted any business in the office at Great St. Helens. Every document which I signed wit at Mr. Healey's request, and I was paid by him and not by Mr. Wright. I do not remember any such person as Mr. Hall, and there is no truth in the statement that I transferred a large block of shares to him.
HORACE HERWIG , 64, Albert Road, Peckham. Alfred Wright and Mr. Witkin are my brothers-in-law. In 1896 I went to Copthall Avenue as clerk to Mr. Wright. He was also known as Mr. Upright. He was manager to a group of African and Westralian mining companies. Healey came on to the board of one the companies about 1898 or 1899. I obtained some of the signatories for the AngloAmerican Exchange. I did that under the instructions of Wright and Healey. The name, "William Thomas Jones," in the memorandum of association is in Upright's handwriting. There was no such person as William Thomas Jones to my knowledge. The signature, "W. T. Jones," on the summary of capital of January 22, 1900, is also in Upright's handwriting. After the company was formed there was a meeting of the signatories held at New Cross; five of them attended. A resolution was passed appointing Mr. Healey and Mr. Upright as directors at salaries of, I think, £500 and £750 a year. I got the signatories in the usual way; they were friends of mine; I think some of them got half a crown for it The Anglo-American Exchange carried on business in stocks and shares as outside brokers. The Rhodesian Purchase and Exploration Syndicate was registered on May 25, 1899. I got some of the signatories for that company under Upright's instructions. The signature, "John Aldus," on the statement of capital was signed by Adam Witkin. I will not swear to the signature on May 25, but the word "secretary" is in Upright's writing. The signature to the certificate of incorporation, "J. Aldus," was signed by me. Aldus was a clerk in an accountant's office. The signature, "A White," to the notice of change of address of January 17, 1901, is in Upright's writing. There was no one named White in the office at Great St. Helens. Nothing was done by the company, previous to January, 1901, when the agreement was signed by Witkin and Meggie. At that time Healey and Upright wanted to resuscitate the company, and they asked me to look up the directors. They were both present, but I cannot say which of them asked me to do that. I took the directors to the office of the Anglo-American Exchange. Upright gave me the agreement for them to sign and they did so in the outer office. I then took them into the inner office, and I think Upright said it was a good thing and he would give them some shares. When the agreement was signed it was in blank.
There was not time for them to read it. When Witkin was offered some shares he said he did not care for them; he would have them in another name. After they had signed the agreement Upright gave me two guineas. I gave Mr. Meggie a guinea, and offered Witkin one, but he said, "You can have 5s. out of it." I left Mr. Wright's employment a few months after that. I remember going to Mr. Bamford's office when Mr. Witkin and Mr. Meggie were present, and they passed a resolution making me secretary. I received a letter on April 10, 1901, informing me of an extraordinary general meeting, which I did not attend. I received another letter on April 12. That was a make-believe letter to try and suggest that I had books. There never were any books. Healey knew that. That letter was the end of my connection with the company. The signature to the transfer produced is in Healey's handwriting. I do not know of any such person as Frederick Hall.
Cross-examined. The offices at Great St. Helens had originally been one room, which was made into two. There was more than one means of access to the inner office and it was possible for persons to go in or out without the knowledge of anyone in the outer office. Mr. Wright had been managing several different companies before his connection with Healey and had considerable experience as an outside broker. I knew Healey about 18 months before he came to Great St. Helens. I do not know what his previous experience was. The "Anglo-American Exchange" was practically another name for Healey and Wright. Wright was supposed to be very clever in company work; he knew more of it than anyone else; he was boss, and no doubt Healey would bow to his decision. When he told me to go and get the signatories I went as a matter of course. It is probable that I got the signatories for both companies, acting under Wright's instructions. I am quite clear that when Witkin was offered the 50 shares he did not absolutely refuse them; what he said was, "I will have them in another name."
Re-examined. Healey and Wright were both present when the shares were offered. They were together in a small office about 8 it. square, and each could hear what the other said. Except as a name for Wright and Healey, the Anglo-American Exchange had no existence. Healey would not know as much about stocks and shares as Wright would, but in ordinary business he would be right up to date, and was much more a man of the world.
RHODA JEFFREYS , 5, Cranmer Road, Brixton. I have lived at my present address for 15 years. Mr. Frederick Hall never lived there. I have never heard of such a person except in connection with this case.
Cross-examined. I do not let lodgings. I occupy the whole of the house.
CHARLES LEASH , clerk. I was employed by Wright from April, 1896, to January, 1902, first at Copthall Avenue and afterwards at Great St. Helens. During the time I was there I never knew any person named William Thomas Jones as secretary of the Anglo-American
Exchange. I did not know any one at White in the office of the Rhodesian Purchase and Exploration Syndicate, nor do I know Frederick Hall.
Cross-examined. I was never employed in the offices of the Rhodesian Syndicate, and I do not know exactly where they were. I know nothing at all about that company. I should think there would be between half a dozen and a dozen people coming into the offices of the Anglo-American Exchange every day. We did not keep a call book; if anyone called we wrote the name on a slip of paper. There was a way into the private office without coming through the outer office, but the door was always kept locked. It was not a common thing for people to go in and out of the private office in that way.
Re-examined. The two letters produced written by Healey as director of the Rhodesian Purchase and Exploration Syndicate are written from Great St. Helens.
(Thursday, February, 6.)
ALBEET HENRY HOLE , recalled. According to the file of the Registrar-General, the Rhodesian Syndicate was dissolved under the Companies Act of 1880. If the Registrar-General finds that a company is not carrying on business he has power under that Act to dissolve it by advertisement in the "London Gazette." He did so with this company on December 22, 1903, and that was the end of it.
JAMS MERCHAHT , accountant. In 1901 and 1902 I was doing business as a jeweller at Ramsgate. I have known prisoner about 20 years. I knew a men named Alfred Wright, or Upright; and introduced prisoner to him in 1898 or 1899. At that time I was secretary to a company called the Corporation of British Investors, which had offices in Copthall Avenue. Mr. Edward Beale had offices there. Wright was secretary to a great many companies of which Mr. Beale was solicitor. In 1900 I visited the offices of the Anglo-American Exchange almost daily. Wright and prisoner carried on the business. I never saw a person named William Thomas Jones at that office. I have seen the cheques of the Anglo-American Ex-change signed. Upright signed the name of "Jones" to them, as secretary, I think. Prisoner signed as director. On this cheque, dated February 4, I find the signature, "William T. Jones." Up-right had several handwritings, and I fancy this is one of them. The signature of "A. White" shown to me appears to be in Upright's writing. On this transfer, dated January 26, from a person signing "F. Hall," I see "Signed in the presence of A. J. F. Healey, 4, Great St. Helens, E.C., director." I think that is prisoner's writing. On my visits to the Anglo-American Exchange I never saw a person named Frederick Hall. I knew nothing at all about the Rhodesian Exploration and Purchase Syndicate until after I had ceased visiting. I cannot recognise the writing of "F. Hall"; I have never seen it.
Mr. Muir said this was the forged transfer which Wright had pleaded guilty of uttering.
Cross-examined. I have seen Wright write different handwritings, and at that time I could very nearly tell that they were written by him.
AUSTIN FREDERICK WILLIAM MEEN , clerk, Leadenhall branch, London Joint Stock Bank. In 1901 the Rhodesian Syndicate had an account at that bank. I produce a certified copy of the account, which was opened on May 25, 1901, with a payment in of £375 by a cheque signed by A. S. Archdale, payable to A. Wright, of the Rhodesian Purchase Syndicate. On the other side of the account a number of sums were drawn out for directors' fees and for the secretary. On September 3, 1901, the balance was 7s. 2d. There had been three other payments in—£13 2s. 6d., £12 15s., and £7 9s. 6d. They were all paid in on or before June 10, and all drawn out except 7s. 2d. by September 3, and nothing further was paid in. The persons entitled to sign cheques were any two of the directors, counter-signed by the secretary. The directors were A. J. F. Healey, Charles W. Whitley, and Alfred Thomas Child, and A. Wright, secretary.
AUDLEY SALTERTON ARCHDALE , "The Lodge," Bembridge, Isle of Wight. At the end of 1901 I was living at Westward Ho. In 1900, as the result of dealings in stocks and shares with the Anglo-American Exchange, I became entitled to about £600 from that company, of which I never got any payment. I received a letter from them dated January 24, 1901, and another dated January 28. I believed the statement that the intention of the directors of the Rhodesian Syndicate were unknown to the Anglo-American Exchange. I did not know they were practically the same persons, and I accepted the transfers of those shares. On April 17 I got notice of a call, and afterwards another letter, and I thereupon sent a cheque for £375, dated May 21. That is endorsed, "On behalf of the Rhodesian Purchase and Exploration Syndicate, Limited, A. Wright, Secretary." That was duly honoured, and I got a receipt dated May 22. I got a transfer for my shares, I think, but I do not think I ever got a certificate. I never got any dividend. I believed that I was bound to pay those calls and that it was a genuine company. My credit of £600 was transferred into a debit of £375, which I paid.
Cross-examined. I cannot remember having got a certificate.
GEORGE ARTHUR ESDEN , Examiner in the Companies Winding-up Department of the Board of Trade. I produce the Court file of the winding-up of the Anglo-American Exchange. A compulsory order was made to wind it up on June 19, 1901. Before that there had been a resolution for voluntarily winding it up. The prisoner gave evidence at the public examination, and also Wright. The statement shows unsecured creditors to the amount of £3, 886 9s., and preferential creditors to the amount of £18 15s. The assets have realised £115 gross. I could not find any trace of any dealings with the Stock Exchange. The directors drew as fees £2, 157. The total
amount of money received from the public was £4, 369, from January, 1900, till March or April, 1901. Among the shareholders of that company were two persons—Simpson, represented to have held 200 shares, and Howitt 175 shares. They applied to the Court to have their names removed from the list of shareholders, and their application was successful. Among the other name I find that Jessie Burnham was represented to have held 500 shares. I find no trace of any payment for those shares. Edward Horace Driver is represented to have had 250 shares, for which there was no payment, and the prisoner 520 shares, for which no payment was made.
PHILIP HENRY GEORGE , clerk in the Companies Winding-up Offices, Bankruptcy Buifdings, Carey Street. I produce a file in me winding-up of the Anglo-American Exchange, containing a transcript of the public examination of A. J. F. Healey, which is signed by him. He was examined on November 15, 1901. (Extracts from the transcript were read.)
Detective-constable WILLIAM GEORGE SUTTOH, City. On October 18 last I saw prisoner in Oxford Street. I said, "I have a warrant for your arrest." He said, "Yes, all right." I conveyed him to Bishops-gate Police Station, where I read the warrant to him. He was then charged. He made no reply. The date of the warrant is August 20, 1902, so that it had been in existence for five years.
Detective-inspector ARTHUR PENTIN, City. On August 7, 1902, I received two summonses at the Guildhall Police Court for the appearance of Alfred Wright and the prisoner, and I served them at 68, Cannon Street. I read the summonses to them, which charged them with conspiracy to defraud. I do not think prisoner said anything. Wright said, "This will be attended to." Neither of them attended on August 20 in answer to the summons, and I then got a warrant, but could find neither of them. In the following year some circulars issued from Manchester came to the notice of my department, and in consequence of that Wright was arrested in Manchester and brought before the magistrate at Guildhall, and committed for trial to this Court upon charges of forgery, perjury, conspiracy, and false pretences. He pleaded guilty to uttering a forged transfer, purporting to be signed by "F. Hall" in favour of Mr. Archdale. The case was that Hall was a fictitious person, and that was proved at the Guildhall. The transfer purported to have been witnessed by Wright. I searched the office at 68, Cannon Street. There was a Mr. Thompson, a solicitor, who had offices close by, and he appeared far Wright. Thompson handed me over a quantity of documents belonging to the Rhodesian Company, among which were a lot of transfers, all purporting to be signed "F. Hall." The signatures were all similar to that on the transfer produced in this case, which is one of those handed over by Mr. Thompson.
Cross-examined. I can almost say that there was not a call-book, but I would not swear to it. I took the information with regard to Witkin and Meggie from a document relating to a public examination, I think, furnished by the Treasury. I had no information
from Witkin and Meggie. The summons was returnable on August 20, 1902. Before that, arrangements had been made by prisoner that his bail should be inquired into in the event of a remand. They were inquired into by me, and I was quite prepared to accept them.
Re-examined. It was a fortnight after the warrant was granted that Mr. Thompson gave me the documents. If there was a callbook in existence it would show the persons calling at the office, and if Hall was a real person who called at the office his name would have appeared there. I was never asked by Mr. Thompson or by anybody on behalf of Wright to produce a call-book, and never did so I have not the slightest recollection of any call-book being in existence.
AUGUSTIN JAMES FLEMING HEALEY (prisoner, on oath). I was born in Newfoundland in 1856. I studied medicine at the University of Edinburgh from 1874 to 1877, and at Leipzig in 1878. In 1879 I became clerk in a Parliamentary publishers firm, and remained there till 1884. Then I became a musical and dramatic agent, and that was how I came to know Driver, which was about 21 years ago. I myself ran a show at the Agricultural Hall for one season, which was a failure. My bankruptcy occurred in connection with that. Mr. Merchant introduced me to Wright in 1899, when Wright was in Copthall Avenue. Wright suggested that I should go into business with him as outside brokers. I told him I had neither money nor experience. He said he had both, and I consented to join him. I had had no experience of dealings in stocks and shares. Wright told me he had had 20 years' experience in the City. The evidence of Herwig, that Wright had had experience in an outside broker's office from the time he was 19 years of age is correct, so far as I know. I obtained two signatories to the Anglo-American Exchange, Driver and Spiers. The others were obtained by Herwig. The business of the Exchange was bucket shop business. The private entrance to the office was used by persons coming to see Wright and myself. It was kept locked. It would be possible for anyone to come to the office without its being known to Herwig or anyone in the outer office. Wright was the boss; I did the purely mechanical work. I did not draft the letters or circulars, nor copy any. I folded the circulars and addressed the envelopes. Wright might give me instructions to draw out contract forms. There was a typewriting machine in the outer office, which was used by a lady typist at first, and afterwards by Leech. When I said in my public examination that I was responsible for what was done I meant I was civilly responsible, not that I knew all that was going on. I was not in a position at the public examination to give information as to the various incidents about which I was asked. The information which I gave to Mr. Registrar Hood was derived from Wright. The relations between Wright and Herwig were not friendly. Wright showed no confidence
in him. W. T. Jones was certainly an existing person. I met him originally in Bucklersbury. I was introduced to him by Wright. I have seen Jones at the Exchange on several occasions. He always came through the private door. The explanation as to why he was not at the office regularly was given to me by Wright—namely, that he did not want him to get in communication with anyone else in the office; he said he had no confidence either in his brother-in-law, Herwig, or in the clerk. He said that if they got together Jones would be corrupted. I believed that explanation. I was introduced to Hall by Driver at an hotel in the Strand—I think the "Windsor Castle." Previously I had introduced Driver to Wright. Hall came two or three times to the office. It is not true that whenever Driver signed a document I asked him to do it. The secretary of the Rhodesian Company, White, would write him in the ordinary way to call at the office. I never gave Driver any money for business purposes. Driver called at the Anglo-American Exchange about four times a week, but at the Rhodesian Company I think he only called when he was asked to. I never took a document to his private house to be signed. As to the circumstances in which I purported to attest the signature of F. Hall, Wright had a number of transfers signed by Hall in his safe, and when any shares were to be transferred he would hand me over the transfers to witness the signature, though I really never witnessed the signature of Hall. I did not have a safe, nor did I have a key to Wright's safe. Nobody else had a key. Wright kept his cheque-book and all his private papers there. I know the Rhodesian Company had one or two options in Rhodesia. I could not tell you what they were. Wright told me, when. I saw the papers and documents, that originally the company was formed for the purpose of offering them to the public, but owing to slackness in business in Rhodesia it was abandoned. But they still held the options of those properties, because I saw them. I do not know from whom the options were acquired. With regard to the Interatso, or part of the Bonzi concession, originally a man named Hunter, of the West African Trust and Investment Corporation, got into touch with Driver, and the offer of the option was made by Driver to the Rhodesian Company. The negotiations were between Hunter, Driver, and Wright. Wright would not listen to anybody; he would stand no interference. I did not frame any of the letters to Mr. Archdale, nor typewrite them. Wright conducted the whole of the operations. I said in my public examination that I accepted responsibility for those letters, as co-director with Wright. I did not mean I had any knowledge of them at the time they were written. I will not say I did not see one of them, but I was never consulted at to the framing of the letters, nor as to the policy of offering Mr. Archdale those shares instead of paying him. When I said at my public examination that I had a business experience second to none I did not mean with regard to City speculations; I meant general knowledge. I can explain why in 1903 I did not face the consequences of anything that might have happened. I intended to answer the summons on the
Tuesday, and I gave the detectives the names of my bails so that they might inquire into them. They were satisfactory. on the Saturday previous Wright told me, "I am not going to appear on Tuesday to answer that summons." I said, "Why not?" "Well," he said, "my father has refused to be one of my bails, and I cannot get the bail, and as this will be a lengthy case I do not want to stay in Brixton." I said, "That puts me in an awkward position. I have got a furnished flat at Brighton and my own flat in Brixton with furniture, and I do not know how to get rid of it. I do not like to face the matter myself as I know so little about the business. I shall not be able to answer any questions which are put to me with regard to the details of the business. You told me all along that there was no danger, even when the summons was served." When Inspector Pentin served the summons Wright said, "That is all right; we have a full answer to the charge"; and I really believed Wright to the very finish. I never believed that a man of his vast experience, who had been so often described as having the Companies Acts at his fingers' ends, would make such a mess of the thing. I was panic-stricken, and went down to the West of England and stayed there a little over three years, when I came back to London. I never knowingly helped Wright to defraud anyone. I never made any of the false pretences to Mr. Archdale, nor did I authorise them to be made. I did not even know that they were being made.
Cross-examined. I was cross-examined at the public examination on a pamphlet sent out by the Anglo-American Exchange, which said that it was "controlled by responsible men of vast commercial and financial experience." Mr. Wright was one and I was the other. I do not say that that language was quite justified. I said at the public examination, "I consider my commercial experience is second to none." I was partly responsible for the circular, as co-director of the Exchange. I was asked, "Are you a responsible man. of business?" and I answered, "I was then." I presume I was. It does not matter that I was an undischarged bankrupt. Wright had capital—some £2, 000 or £3, 000 I do not know where he got it. I had known Wright about six months before we started the Anglo-American Exchange. He was then in the employment of Mr. Beale, who controlled a large number of bogus companies. I was a director of two of those companies. Beale at the end of 1899 was convicted and sentenced to four years' penal servitude for frauds in connection with companies. It was after that that I carried on the Exchange with Wright. I did not look upon it that Wright's private capital would not be liable for the debts of the company. I cannot say that the company had not a shilling of capital; it would have the moneys received from clients. Nobody paid for shares in the company at all. When I went into it I was led to believe it was going to be an honest concern. My fellow-director was Wright, and the only other public official of the company was the secretary, Jones. I have not the faintest idea where he is. I saw him last in 1901, I presume when the company was dissolved. He was never a friend of mine.
The only individual who could swear that Jones ever existed is Wright. Wright is not here; he would not come. I do not know why. Wright told me that Jones was a solicitor's clerk. I signed the bulk of the cheques while the business was being carried on; as director, and each of them was signed "William T. Jones." I do not know by what solicitor Jones was employed. I never saw him sign a cheque or any document. Wright always had a pile of cheques with Jones's signature on them. I can account for Merchant saying that he had seen Wright sign the name of Jones on the cheques. It was because Merchant felt he wanted to say that at the previous examination because he had a particular animus against Wright. It was perjury on his part. Jones's handwriting was identified as being the handwriting of Wright. It was impossible for me to try to produce Jones. I do not know where he went. He was Wright's friend. I knew Mr. White; he was a very old friend of Wright's. He lived at Putney, and their wives were friends. White was Wright were not the same person. For a time White was secretary of the Rhodesian Purchase and Exploration Syndicate, of which I was chairman later on. I have seen White also at the Exchange offices when he called to see Wright, about half a dozen times. I think he was a clerk in a solicitors office. We did not want any of the clerks in the office to know Jones or White. The only one I could produce who knew Hall is Driver, and he says he does not know him. account for that in this way: In the first instance he thought the best thing he could do was to give a denial to everything, and to put all the blame on somebody else, and he thought the easiest way was to put the responsibility upon my shoulders, as I was not anywhere near the Court. I have known Driver 20 years and we have always been friendly. I never knew anything to his detriment. I think the fear that he might be implicated overruled everything else. Wright knew that Hall was a real person and a friend of Driver's. Hall gave the same address as Driver. Hall's transfers were dated 1901 and Driver gave evidence in 1903, so that Driver might have been convicted of perjury at once by Hall being produced. Yet Wright, being charged with uttering a forged document because it had Hall's name upon it, Hall being said to be an entirely fictitious person, pleaded guilty. That was in order to prevent further charges of forgery and fraud being pressed against him. I do not know where Hall is now. What I have signed is: "Signed, sealed and delivered by the above-named Frederick Hall in the presence of A. J. F. Healey, 4, Great St. Helens, Director." I did that in the same way as with regard to the cheques. These transfers handed to me are all signed by Hall and witnessed by Wright himself. I cannot say why he asked me to sign the one with which I am charged. Mr. Whitley, my fellow-director in the Rhodesian Company, was introduced by Driver. I think he had something to do with Lloyds' Shipping. I do not know where he is. I did not know that any object would be served by having him here. Until Mr. Archdale was defrauded of his £375 the Rhodesian Company never had a shilling of capital.
The correspondence with Mr. Archdale took place in January, and on January 9 a meeting took place between Witkin and Meggie at 31, King William Street, at which the agreement with Driver was supposed to be signed. Driver, whom I had known as a negro comedian, was described in that document as a mining agent. Mr. Archdale was induced to take the shares in payment of his £600 debt. Then there was a change in the management of the Rhodesian Company, and I became a director, and on April 11 Whitley and I had a meeting at 4, Great St. Helens, myself in the chair, at which we passed a resolution to make a call on those shares, which Mr. Archdale had to pay. I call that honest business. I do not know where Mr. Whitley is; I have not seen him since 1901. We first of all started the Anglo-American Exchange without any capital; we speculated with people who would speculate with us; when they lost we took their money, and we got between £4, 000 and £5, 000 by that means. It is not clear that when we owed them money we did not pay them. It is clear in the case of Mr. Tophs and in the case of Mr. Archdale. It is clear in the case of the 1, 431 shares, amounting to a liability of £923. There were £3, 000 liabilities in the winding-up not paid, making £4, 000 in all. Instead of paying our liabilities we offered those shares, and some of them took them to the extent of 1, 431. Then the Rhodesian Company made a call. I did not create the liability. They were liable when they got the shares, but not liable unless a call was made.
Re-examined. I never knew anything of Beale's connection with any of the companies of which I was a director, except that he appeared at one or two meetings as solicitor. I did not graduate in Mr. Beale's office. At the time I was a director of the Rhodesian Company, White was in no way connected with it.
Sentence, Three years' penal servitude.
BEFORE MR. JUSTICE PHILLIMORE.
(Thursday, February 6.)
Sir Charles Mathews and Mr. R. F. Graham-Campbell prosecuted; Mr. Danford Thomas defended.
JAMES CHRISTY FENSHAM , 15, St. James's Road, Islington, father of prisoner. I rent the above house, having two lodgers, and occupy the ground floor. Deceased was my second wife, stepmother of accused. She was 50 at death, and we had been married for 4 1/2 years. My daughter Florence Lived with me. Prisoner lived at a lodging-house in King's Cross Road; he has not lived with me since my remarriage. He used to call round and see us. He was on very good
terms with my wife; she was very good and kind to him. Prisoner did not speak to me about her. I remember him coming on December 27, also on Saturday, the 28th, between eight and 8.30 p.m. He went straight into the kitchen, where my wife was. She cooked a chop for him and made some tea. He ate the chop, and I then went out to finish some shopping. I believe my wife went out and got a pint of "half and half," but I did not see it. I went into the front parlour to see my landlord and make arrangements for giving up the house. I was speaking to him for some time; then my son came out of the kitchen and said, "Good-night father." Then I went into the kitchen and saw my poor wife with a knife in her throat. I picked her up and sent for a doctor. My daughter called the lodger from upstairs, and they both went for the doctor; one after the other. I took the knife out of deceased's neck and laid it on the table; it belonged to my son.
Cross-examined. I have a good memory. My son is 30; I did not say before the coroner that he was 27. We were all good friends together. My wife and I were not always friendly. My other son has complained of the way my wife treated me. When my son came earlier in the evening in question I was not in bed with my wife, nor the worse for drink. I saw my son in the afternoon, when I went to have a glass of ale in the "Montrose." He was in the other bar. I do not recollect saying that my son went to fetch the beer just before this occurrence. I am pretty well sure my wife and prisoner drank the beer; they would do so because they have done it before. When under the influence of drink my wife was sometimes quarrelsome, but it was my fault as well as hers. I do not want to condemn her, nor do I want to condemn my son. It was a little after eight when my landlord came. When I was talking to him I heard a noise, so I went into the kitchen, and he went out before I got there. My daughter was screaming out for me and Mr. Sutherland (the lodger). When I got into the kitchen Florrie was there, and Mrs. Sutherland had gone for the doctor. I always made my son welcome at the house. He has been to a lot of hospitals in the last few years. He has had glands in the neck, and has been under operations for them. When the doctor came I was bathing my wife's wound with warm water, but she was too far gone. The place was like a slaughter-house. I believe the doctor did his best for my wife. (His Lord-ship said that this was not material to the case.) My daughter did not tell me that she did not remember whether she was in the kitchen.
FLORENCE FENSHAM . I was living at 15, St. James's Road on December 28 last. Prisoner is my brother. I remember him coming to the house on December 28. I think I went into the kitchen about 6 p.m., when I found him there. I then went upstairs, and later on came down again; I should say about eight or half-past. I saw my stepmother and brother; they were very friendly; he was eating a pork chop, and they were having a glass of beer together. My brother said to me, "Will you go upstairs, Florrie?" I said, "Oh, give me
a chance, Wal, I have only just come down." My stepmother spoke to prisoner, and said, "Will you go home Wallie?" My brother got up and said, "Well, if you don't want me I will go home." He said that quite quietly. He then turned round to me and said, "I don't care if I get hung for my poor father." I said, "Oh, don't do it. Wal." I saw a knife, which he pulled out of his pocket; it looked as if it was open. He sat at the side of my stepmother; then got hold of her neck and cut her throat. I called to father, who was in the front parlour talking to the landlord. I also called Mrs. Sutherland. Deceased was then lying on the floor, and there was blood coming from her throat.
Cross-examined. My brother has had very bad health during the last few years. I do not think he is in his senses. I have seen a great many quarrels between my father and stepmother, and I have had to suffer for it. I have been under the doctor for months. It has been an unhappy marriage from the first. Deceased had been in prison three times, if not more; once for robbing me and once for robbing the landlord where she was lodging. She used to take the sheets off the bed, and the man would have nothing to lie on. I have never heard my brother threaten deceased. They always spoke friendly when I saw them. At the police court I stated that my brother had not threatened to kill my stepmother; only to do something to her. I did not see my brother early in the afternoon of the murder, in the "Montrose." I should say about a quarter of an hour passed between the murder and the doctor coming. He told me he would be over shortly, when I told him what had happened, and I thought he was coming then. My brother has often said that he would not mind doing time for his old father because he has had such a lot to put up with. We have never taken notice of that. I did not think he meant it seriously. My memory is not very good; I suffer very much with nervous debility. After I had given evidence at the police court my father said that I was remembering too much.
Re-examined. They said at the hospital that they could not really say what was the matter with my brother. He did not drink much. On this night he seemed quite cheerful. My father has told prisoner a lot about the way he has been treated by his wife. The doctor has advised my father to get away from deceased.
Mrs. GERTRUDE SUTHERLAND, lodging at 15, St. James's Road, Islington. I know prisoner as visiting the house to see his father. I remember one evening in November speaking to prisoner about the quarrelling that went on in the house between deceased and Mr. Fensham. I do not remember exactly what I told prisoner. He then went out, and came back about 9 p.m., going into the bedroom where Mrs. Fensham was. I afterwards saw him in the kitchen, when he said he had been giving his stepmother a talking to; that he had told her she would have to alter and look after his father better, or he would do for her; simply to frighten her, I think it was. I told him not to talk such nonsense, or something like that. On December 28 Florrie Fensham was in my room in the evening. I sent her
downstairs. I then heard some words, but did not take much notice. After that I heard Florrie screaming, and went down. Before that I had been downstairs to get a can of water. When I went down after Florrie called me I saw Mr. Fensham holding his wife by the shoulders, and I could see her throat had been cut. I sent Florrie for the doctor and afterwards went myself.
Cross-examined. I have been living in the house for two years, and knew there had been a great deal of trouble going on. I and my husband stopped on more out of pity for the old gentleman than anything else, though we were going to move two or three times. I did not know that Mr. Fensham had threatened to take his life. I have removed poison from him. I know that Miss Fensham does not remember things. At times Mrs. Fensham would be a great drinker. I have taken gin away from her. When under the influence of drink she was very quarrelsome; would quarrel with anyone. She was the worse for drink on the night of the crime. I have seen prisoner the worse for drink. He seemed peculiar in his ways at times. When I went down for the water, not long before the murder, I went into the kitchen and saw prisoner and Mrs. Fensham. I said, "Hullo, Wal, "; he said, "Hullo, Mrs. Sutherland"; that is all. That would be about ten minutes to nine. From that time till I sent Miss Fensham down would be about a minute only. When I went down after the screaming prisoner had gone. The doctor seemed so long in coming that I went for him myself.
WILLIAM JOSEPH FENSHAM . milkman, brother of prisoner. Prisoner had been working for another brother, a bookbinder. He was not doing so on Saturday, December 28. I had seen him every day for some time previously. On the 28th, about 9.30 p.m., prisoner knocked at the door, and on opening it I said, "Hullo Wal." He said, "Hullo Bill." and stepped inside. As he did so I noticed there was a bit of blood on one of his hands. I said, "Hullo, what have you done?" He replied, "I must have struck her with my knife; I have done it; I have done the old woman in. Let's come upstairs and have a bit of supper." I said, "No, you cannot come upstairs like that," as I saw he had had too much to drink. He was very, very excited, and said, "Well, if I cannot come upstairs and have some supper, wall you come out and have a drink?" I went out with him, and when we got to the corner I said, "Look here, Wal, you don't want any more drink; you have had enough, haven't you?" He said he had. I advised him to go to bed, and see me tomorrow. Then he said he was going to King's Cross Police Station to give himself up. I did not think he was serious. We then walked towards Rowton House, and when we got opposite it we went into a public-house called the "Union," prisoner having a small soda. He after-wards went straight into Rowton House. I went home, and then thought I had better go and see what was the matter. When I got to St. James's Road my stepmother had been removed to the hospital. The knife produced is one I gave my brother last year. On one occasion, about a month before this affair, my brother said to
me, "You ought to see how the old chap looks; he is nearly bent double. He is like a maniac about the place; he is going to take poison and kill himself. The lodger found the poison." He said if she (deceased) was not careful in her behaviour towards his father he would do time for her. That is the only time I can say that he threatened her. My brother has been at Rowton House for three or four years. I saw him on the 27th, about 8.30 or nine p.m., but nothing particular was said. I did not think from prisoner's manner that anything serious had happened when he came to me on the 28th. When we were having the drink he said he really did not know what he had done.
Cross-examined. I did not draw prisoner's attention to the blood on his hand. I have seen more of my brother than anyone else during the last few years. He has occasionally been the worse for drink. Once he told me that he had got up the previous night out of bed, his neck was so bad, and started walking, he did not know where, and when he woke up found himself at Hendon. That, he said, was because he had not had any laudanum to make him sleep. I know he has taken doses of laudanum for some months; he used to buy pennyworths at a shop in Gray's Inn Road. He has suffered from the glands in his neck for five or six years to my knowledge. He used to sit up in my room with me, and it rather frightened my wife; she used to give me the tip to get rid of him. He has not threatened to take his stepmother's life. I have been to see him in Holborn Infirmary several times. That was about three months before Christmas. He had boards round his bed, and he was lying as if he was dead; they told me he was very, very bad. One day, about five years ago, when he was sitting in the kitchen with me he fell off his seat, and kicked and struggled on the floor; he was foaming at the mouth, and was very bad indeed. We had to sit up with him all night. We had the doctor for him.
Re-examined. I have not seen him like that since, but he told me he had had the attacks again. I do not know whether the doctor who attended him then was Dr. Wilson, or his assistant, Dr. Harbinson, the doctor in this case. I should say prisoner had been drinking very heavily on the night of the crime. He told me that he took so much laudanum that it seemed to have no effect on him. He has been in St. Bartholomew's Hospital for appendicitis.
ROBERT HARBINSON , 44, St. James's Road, Holloway, medical practitioner. On December 28, about 9.15, I went to 15, St. James's Road and saw the deceased woman, who was being supported by her husband; she had a large gaping wound in the neck, about four inches long and about an inch and a half wide. I did not measure it. I stopped the haemorrhage by pressure and stitched up the wound. Her pulse was very weak, and she was unconscious. After I had been there from 10 minutes to a quarter of an hour she was moved to the hospital. The case was hopeless. The knife produced was on the table; it was half open and covered with blood.
Cross-examined. There was a great quantity of blood about the woman. I did not at the time think that any large blood vessel was injured. I said at the police court that blood was pouring from a superficial wound. I did not attend prisoner when he had a fit five years ago; my principal did.
Dr. WADE, house surgeon, Great Northern Hospital. On December 28, about 10.15 p.m., deceased was admitted, with a large wound in the left side of the neck. I took the stitches out because it had commenced to bleed again. The external part was cut away and the bleeding ceased. At about a quarter past six next morning I was called to her again, and almost immediately afterwards she died. I made a post-mortem and found that the internal jugular had been cut, as well as the external. There were also a number of minute hemorrhages over both lungs. The cause of death was the bleeding from the wound and the lungs. The knife produced might have caused the wound; it is rather difficult to open; the blade is blunt, and it would have required considerable force to inflict the wound.
Cross-examined. I saw deceased within five minutes of her admission to the hospital. There was a bandage round her neck. The wound was about 3 in. long altogether; it was about an inch deep behind and getting shallower forward. There was no hemorrhage from the internal jugular when I saw her first; it must have burst out later. I should think the knife, being heavy, would have fallen out of the wound after the blow had been struck. I should think the blow was done from the front of the woman; put in at the back of the neck and drawn forward. The posterior margin of the left sternomastoid muscle was not cut; half of the sternomastoid was;
Sergeant GEORGE OSBORN, Y division. At 11.30 p.m., on December 28, I went with William Joseph Fensham to Rowton House, where I saw prisoner, whom I woke and told would be arrested for maliciously wounding Harriet Fensham that evening. He said, "All right; is she dead?" I said, "No." On the way to the station he said, "I will hang for her; she has ruined my father." I searched prisoner at the station and found two empty bottles—one labelled "Laudanum" (produced). Prisoner was the worse for drink.
Cross-examined. I should say the other bottle contained other. It has not been examined, and that is only my opinion.
Inspector ARTHUR NEIL. Y Division. I saw prisoner at Caledonian Road Police Station at 12.30 on the night in question. I told him he would be charged with attempted murder. He said, "I was there; I do not know what I did; I will say nothing." Later I told him that the woman was dead and he would be charged with murder. He said, "I did not intend to do it. Do you think I shall get hung for it. I went there last night; she called me a bastard, and said I only came there to get what I could out of the old man. I lost my temper." He made no reply when formally charged. He had the appearance of having been drinking. He was quite sober when charged.
WALTER EDWARD FENSHAM (prisoner, on oath). I lived with my father and mother till about four years ago. When I was 23 I went with the London Omnibus-Carriage Company, Limited, and while with them I fell off a horse which I was exercising. That was about four years ago. I must have gone off to sleep. When I woke up I saw the horse kicking about on the ground. I had to walk all the way home; this happened at Barnet about one in the morning. I had a bump at the back of the head, and I used to come over very giddy and sick. I have lived at Rowton House for the last three or four years. I have been in St. Bartholomew's Hospital two or three times, and was operated on twice for appendicitis. I was also in Holborn Infirmary at various times from 1903 to 1907. My head used to be very bad. I have always taken my own discharge from these hospitals. The last time I was at the Holborn Infirmary, from August 12 to September 19, I had boards round the bed; I don't know what that was for. I have also been in the Royal Free Hospital two or three times. I have had two operations there for glands in the neck. From December 18 to December 27 last I was in St. Pancras Infirmary. While in these hospitals I was given morphia, bromide, and laudanum, which gave me relief from the pain. I had been taking laudanum every day between December 5 and 18; I purchased it in Gray's Inn Road. I seemed to have a mania for it. When I came out of hospital on December 27 at 5 a.m. I went to Islington Vestry yard and got a day's work as dustman. I had nothing to eat all day, but had a lot of drink given to me as Christmas boxes; I had a lot of whisky and ale given to me in the houses. We shared out 1s. 10d. at the end of the day; that was from tips. I called on my father on my way home; he had just got out of bed, and seemed a bit "tight." That did not surprise me. I left both my father and his wife in bed, and said I would call again to-morrow. I then went to my brother Bill, and we had a drink together. I had nothing to eat all day, but I had a pennyworth of laudanum in the morning and another when I went to bed. On Saturday morning I felt very bad in the head, and had a pennyworth of laudanum at about 10. I could not eat anything. At three I went to the Vestry and got paid 5s. for the previous day's work. I then went and had some rum because I was so cold. I then went round to the "Montrose," opposite my father's house. That was about four o'clock. I saw my father and the lodger, Mr. Sutherland, in the private bar; I was in the four-ale bar. I went round to see my father, but when I got there he had gone. I wanted to give him a shilling, which I occasionally did. Mr. Sutherland told me not to be a fool, that I wanted the money myself. I wandered about somewhere, I don't know where, till about eight o'clock. I then went to the "Pocock Arms," where I saw Sutherland again. We had several drinks, but he would not allow me to pay for any. I then left, saying that I would see my father and then see him (Sutherland) again. I went to
The "Montrose," and had some more rum. I was there about 20 minutes, and saw a friend, Charles Crew. I left him there, but I do not remember what condition I was in. I got to my father's house about 8.30, and my father let me in. I went straight to the kitchen. My stepmother was lying on a chair drunk; paralytic, you might say. I do not remember having anything to eat, and yet I have a faint idea I had. I went and got some beer for my stepmother, and she and I had it. I got it from the "Montrose," and had a drop more rum there myself. I don't remember much more. When I came back I think my father was in the kitchen. A knock came at the door, and my father went out. I have a faint recollection of Mrs. Sutherland saying, "Hullo, Wal"; she passed the door, I think. Then my sister came down. I was talking to my stepmother, but not quarrelling. I told my sister to go upstairs again, saying, "You are always sitting up there instead of being down here looking after your father." She did not go. Then I said, "Go up and ask Mr. and Mrs. Sutherland to come out and we will have a drink." I believe my sister went up, I am not certain. My stepmother then said, "Can't I come and have a drink?" I said, "No, you are not worth it." She jumped up at me and said, "You are only a bastard and come here to get what you can out of your father." I went at her with both hands and struck her, and she fell down. I caught hold of the first hat I could see and went out. I do not remember hitting her with a knife. My brother opened the blade out in my hand, and then I remembered having it in my hand. I was scraping my pipe out. I generally have the blade half open to dig the plug out. I went to my brother's then, as he states. I do not want to dispute what the inspector says.
Cross-examined. I do not remember what I said to my brother when I went to him after the occurrence. The blood on my hand must have come from my sticking the knife into my stepmother's throat. I did not dislike my stepmother; I was friendly with her. She was not land to my father. I never said that I would do for her. I have said that I would do time for her. I said that after my father tried to poison himself. I meant that I might give her a good hiding. She used to kick my father on the floor. I never told my sister that I did not care if I got hung for my poor father's sake; nor that I would cut my stepmother's throat. The only purpose for which I had my knife out in the kitchen was to scrape my pipe out. I only half opened it. I remember seeing the blood on it. I rushed at deceased with both hands while I was scraping my pipe out. I do not know where the knife went to; I did not see it. I did not know that deceased was cut; I saw no blood. I do not remember seeing my father in the passage and saying good-night to him; nor do I remember leaving the house. My mind came back when I was in the motor-'bus going to my brother's. I remember the officer coming to me when I was in bed. I asked him what I had done; he says, "You know what you have done; don't be a fool; come quietly." I did not say, "All right, is she dead?" I might have said it; I
do not want to dispute anything. I can't say whether I was sober at 12.30 on the Sunday night. I was bad from the effects of drink and drugs.
To the Judge. I do not think my sister was in the room when the affair happened. I did not ask her to go out so that I could "do for" deceased.
CHARLES CREW , 23, St. James's Road, Holloway. I have known prisoner for about 21 years. I saw him in the "Montrose" on December 28 with some friends. He had had enough to drink, in my opinion. I had seen him intoxicated on many other occasions. I have known him to be very violent; once I found him lying on the pavement struggling.
Cross-examined. It was between eight and half-past when I saw prisoner in the "Montrose"; he left about 20 past.
JAMES SMITH , Gray's Inn Road, chemist. For the last three or four months prisoner has come to my shop, probably two or three times a week, and purchased pennyworths of laudanum; that is about a dram and a half. The bottle produced holds two drams.
Cross-examined. There are 60 minims to a dram, and the maximum dose is about 30 minims. We sell three doses provided it is labelled "poison" in a proper poison bottle. The whole of that bottle could not be safely taken. I could not say that I would fill that bottle once a day.
WILLIAM JOHN GUISEPPI , house surgeon, Royal Free Hospital, produced notes from the hospital showing that prisoner had been there in 1903, and was suffering from tuberculous glands in the neck; an operation was performed on him. Another note was produced showing prisoner had been in the hospital in 1906 for a fortnight, and underwent another operation for the same reason. Witness had attended him from November 21, 1907, to December 5. It had been a puzzle to know what to do to relieve the patients pain. He was very excitable, especially at nights, when he was often delirious. The effect of the opium he took would be to make him less responsible.
Cross-examined. I last saw prisoner on December 5; I did not think he was insane. The effect of drink in conjunction with drugs would be more considerable than otherwise. Even after the opium has worked off, opium eaters may lose their moral control.
Cross-examined. I did not think the external jugular had been severed, only one of its branches.
Dr. WADE, recalled. I do not think it could have been an accident; it was such a blunt instrument and deep cut.
ARTHUR HENRY ROBINSON , medical officer, Islington Infirmary. Prisoner, was under my care at various times from 1903 to 1906. He was a sullen, morose man—as regards actual evidence of mental derangement I never saw any.
Cross-examined. I should say prisoner was certainly not neurotic, as I understand the term; rather the opposite.
ISAAC C. MACLEARN , medical superintendent, Holborn Infirmary, said that prisoner had been treated in his hospital last year; he was not insane, but delirious at night. I thought he might hare controlled himself more than he did, but with difficulty.
Dr. JAMES SCOTT, medical officer, Brixton Prison, said that prisoner had been under his observation since December 30. Prisoner has not been irrational in conduct or conversation; he has been depressed, but not more so than one would expect in the circumstances. I have not observed any indication of insanity.
Cross-examined. On one occasion he complained of pain at night so I sent him a dose of bromide.
Verdict, Guilty, with a recommendation to mercy. Sentence, Death.
BEFORE THE RECORDER.
(Thursday, February 6.)
Sentence, Three days' imprisonment.
HOPFF, Paul (33, manager), pleaded guilty of embezzling and stealing on December 6, 1907, a valuable security, to wit, a banker's cheque and order for the payment of £50, and on December 19, 1907, a valuable security, to wit, a banker's cheque and order for the payment of £50, received by him for and on account of the American Trading Company, his masters; between July 16, 1906, and December 19, 1907, stealing a valuable security, to wit, a banker's cheque and order for the payment of £1, 243 16s. 4d., received by him for and on account of the American Trading Company, his makers.
Sentence, 18 months' hard labour.
Mr. Henry Lancaster prosecuted; Mr. C. L. Collard defended.
PATRICK CARROLL , 48, Little Clarendon Street, Somers Town, labourer. On January 24 I was in the "George" public-house with my brother and two mates, when a friend of prisoner's entered with three females, who had babies in their arms. I got into conversation with him; he called for a drink and left our company. Prisoner then entered the house and tried to get his friend to leave,
which he would not do. Prisoner left, returned, and again tried to persuade his friend to leave, which he would not do. Prisoner's friend was drunk. I went out intending to go to the lavatory at Euston Station, followed by my two mates. Prisoner rushed at me and blamed me for detaining his chum in there. I said I had not been in the house 10 minutes. He hit me and I hit him back; then he rushed at me again; I swung aside to avoid the blow and felt something cold down my neck. I then became unconscious. I was taken to the station, a doctor was sent for, and I went to bed; the wound got better the next day, and I am all right now.
Cross-examined. I first saw the prisoner in the public-house about 11.45 p.m., when I had been there about five minutes. I had been out selling a few cabbages. I have never spoken to the women with whom prisoner's friend was. I have been employed by F. Sage, of Gray's Inn Road, for three or four years as a labourer. I have been six weeks out of employment. I live near Euston Station, and go past there every day, but I do not wait about there after discharged soldiers and sailors. Prisoner returned to the public-house at about 12 and said to his chum, "Come along, get out of this here company"—that was the women, nothing to do with us—his chum was in bad company. I did not follow the prisoner, or strike him until he struck me. I was not drunk. Prisoner was the worse for drink; his chum was drunk. I did not see that prisoner was cutting tobacco with a knife in his hand. When he rushed at me he said, "You are the man I want." I think he took me for somebody else. I was with William Knill and my brother Thomas Carroll.
Re-examined. Since I left Sage's I have worked for the parish and as a costermonger.
GEORGE SKANES , 5, Lancing Street, Somers Town, warehouseman On January 24, as I was about to enter the "George" public-house in Drummond Street, Euston Station, I saw prisoner and prosecutor fighting. Several blows were exchanged, and the prisoner had an open knife in his hand with which he struck the prosecutor in the back. Then he made off to Euston Station; he was stopped by the constable.and arrested.
Cross-examined. I did not see the row begin. I have seen prosecutor in the neighbourhood. I have never seen him hanging about the Euston Station gates. After the blow had been struck prisoner walked towards the station.
JAMES MAUGHAN , divisional surgeon, Albany Street, Somers Town Police Station. In the early morning of January 25 I was called to the station and saw the prisoner and the prosecutor. The prosecutor was suffering from an incised wound half an inch long, situated about four inches on the left side of the spine, just over the eleventh rib. The wound was deep, but had not penetrated the lung; there had been considerable haemorrhage. The man was in a nervous state. The wound was in a dangerous locality, and had it been one-tenth of an inch deeper would have penetrated the chest cavity. Knife
produced was handed to me by the officer. I found it fitted every one of the rents in the man's clothes and the wound in the flesh. The wound was three-quarters of an inch, to an inch deep. There must have been considerable force used.
Cross-examined. The wound must have been inflicted during a Struggle. If it had been a deliberate stab it would have been deeper I did not find any discolorations on the knife. Prosecutor had been drinking. From a casual observation I should say prisoner had been drinking too. I did not see any injury to prisoner's eye, nor was my Attention called to it.
Police-constable THOMAS GARNHAM, 648 S. On the night of January 24 I saw prisoner and prosecutor fighting in Drummond Street. I parted them, pushed the prisoner across the road towards the railway station, and dispersed the crowd. I then saw them fighting again, went across, and prosecutor said he was stabbed. I went down the station yard, saw prisoner, and took him back to the prosecutor. Prisoner was walking away with both hands in his pockets. I put my hand in prisoner's right-hand pocket and found the knife, produced, with the blade open as it is now. When charged the prisoner made no reply.
Cross-examined. I did not see who started the fight. I do not know the prosecutor. I found on prisoner some navy plug tobacco and his papers of discharge, and a railway ticket to Kingstown (produced).
Prisoner's statement: When I went in to warn my friend in the public-house he was with some women. I asked him to come away and told him he was in very bad company. This man who was stabbed was in the bar at the time. He asked me what I had to do with taking him away. When I told my friend to come away I walked away towards Euston Station. I was going to put some tobacco in my pipe and my knife was open in my hand. He followed me out of the public-house and hit me two or three blows on my face, so I struck him back, but I did not know the knife was in my hand. He had two or three of his chums round there.
PATRICK WHITNEY (prisoner, on oath). I live at Longford, in Ireland, and am an Army reservist, having been three years with the colours. I was last stationed at Bloemfontein, and left South Africaon December 29, 1907, arriving at Southampton on January 24. I received my discharge at Gosport, and came up to London the same day at seven p.m. with a train full of reserve men, including my friend Hinckley, a gunner in the Royal Field Artillery, in which I was driver. We went about to some public-houses, and my friend went away with two or three women, and entered the "George" public-house, where we had a drink. I asked Hinckley to come away. He would not leave, and I went over to the station to see if the train
was ready, then went up the street, and returned some time after to the public-house and asked my friend to come away. Prosecutor was drinking there. As Hinckley would not leave I went off to get into the train for Holyhead, when prosecutor followed me and hit me. I was cutting some tobacco to put in my pipe with a penknife. Prosecutor came up from behind and hit me. I bad done nothing to him, and had never seen him before in my life. I turned round and hit him with the hand in which I had my pocket-knife. I was walking towards the station when arrested. My discharges are "good." Cross-examined. I had 10s. given me on discharge, and some other money of my own. I and my friend had had a few drinks.
Verdict of Unlawful wounding. His Lordship stated that there were extenuating circumstance.
Sentence, Three days' imprisonment.
Mr. R. D. Muir prosecuted; Mr. Huntly Jenkins defended.
GERALD FAULKNER CRIPPS , 3 and 4, Prince's Street, Cavendish Square, costume manufacturer. I have known prisoner since 1902 or 1903. In November, 1907, he told me he had a motor-car to dispose of, which I bought of him on December 2, paying £250 by cheque (produced), and transferring my interest in a house-boat called the "Golden Grasshopper," at Henley, in exchange for the car. The transaction took place at my solicitor's office. I introduced prisoner to my bankers, and he opened an account there with my cheque. Prisoner told me he bad become possessed of the car is June, and had paid £675 for it—£500 in cash and the remainder in bills; that he bought it from Mr. Fletcher. Within a few days I received from Fletcher's solicitors a claim for the car, and I then bought it from him for £350; it was in consequence of the fact that I realised the car belonged to Fletcher, and that we had both been victimised, so he took a smaller price, I paying less than I should have. I valued the car at £500.
Cross-examined. I was going to buy the car for £250 in cash, the house-boat and a half interest on the resale of the car for what it would fetch over £325—I think that was the amount—that forming an equivalent to £500, which prisoner had asked for the oar. The "Golden Grasshopper" is a large house-boat sleeping 13 people, and may have cost £1, 000 originally, having been built for Colonel North. She is an old boat, and her present value would be about £150.
ROBERT BURNELL RENDALL , of Sutton, Ommanney, and Rendall, 3 and 4, Great Winchester Street, solicitors. Mr. Andrew Fletcher is a client of mine, and I had his car last year for the purpose of getting it sold. In June, 1907, I had it sent to London and stored at the Lanchester Garage Company. On November 16 I agreed to sell it to Mr. Otto, of Stoke Newington, for £500, and seat it by the prisoner to his place on November 16. On November 27 Otto declared
himself unable to carry out his agreement, and I sent prisoner with an authority to get the car back, giving him the part agreement signed by Otto to exchange for the part agreement signed by me and a cheque in favour of Otto for £25, being the return of the deposit which Otto had made. I told prisoner he was to take the car back to the Lancheater Garage, where it had been since June. He called At my office about 11 a.m. that morning, and said there was a gentleman whom he knew who was to be at Paddington at two o'clock, who might become a purchaser of the car, and asked if he might show the car to him. I agreed, and told him on the way back to the Lanchester Garage to telephone me from Paddington Station as to whether this gentleman was likely to be a purchaser, and that he was to take the car back to the garage. Prisoner had no authority whatever to sell the car. Some days later I learnt that the car bad not been lodged at the Lanchester Garage, and after inquiry found it at the Napier Garage. I communicated with Mr. Cripps and his solicitors, with the result that Cripps purchased the car from me, acting for Fletcher, for £350 or £375.
Cross-examined. I received no receipt from the prisoner, and heard nothing from him until he was on board the ship on his way home from America. Prisoner did not introduce Otto—it was Mr. Barr. Prisoner told me Barr was Otto's agent; his chauffeur. I should have prosecuted prisoner if he had parted with the car without my sanction. (To the Recorder.) Prisoner never told me he had sold the car. I paid Barr £10' out of £25 I received from Otto, as commission.
FRANK LANCHESTER , London manager of the Lanchester Motor Company, Limited, 311, Oxford Street. Mr. Fletcher's motor-car was garaged with me from June last. No one was permitted to take it out without Rendall's written authority. Prisoner took it out on November 28 and did not bring it back.
Cross-examined. This car never went out without Rendall's instructions. Brett is in our employment and would sometimes be there in my absence.
Re-examined. I have no reason to believe the car was ever sent out without Mr. Rendall's written authority.
Detective-sergeant FREDERICK WEST, C Division. On December 31 I saw the prisoner on the s.s. "Majestic," off Plymouth, homeward bound from New York. I said to him, "I believe your name it Parrott, otherwise Pexter." He said, "Yes, that is right." I said, "I am a police officer; I hold a warrant for your arrest for stealing a motor-car, the property of Mr. Fletcher." He said, "I had Mr. Rendall's authority to sell the car. He told me I could do what I liked by it. I lost £198 odd of the money I received for the car playing Bridge with three card sharpers going out on the boat. The
reason I did not oppose my extradition was because they told me I should be sent back on the same boat with the girl." He had gone away with a girl.
ROBERT BURNELL RENDALL , recalled. I received a letter from prisoner on board the "Majestic": "Mr. Rendall, I do not quite understand your action after my letter to you explaining exactly what I was doing"—I never received any such other letter—, "Well, you will be the loser in the long run. I will settle on January 12, as I arranged in the letter, but only for the £250, and you must take over the other things. I should have sold the house-boat for £300, and you would have had your £450, but my being arrested has upset the arrangement. If you withdraw the charge you will have the £250 by the 12th, otherwise I shall fight it to the end.
Re-examined. Exhibits 4 and 5 are a letter and envelope which appear to be in the same handwriting, which were produced by Cripps at the police court. "Tombs, New York, December 16, 1907. Dear Mr. Cripps,—I wired you yesterday as regards the car. Now will you be kind enough to send it back to Mr. Rendall, 4, Great Winchester Street. I shall be in London by the 29th. and will arrange to pay you. I have got into a damned hole, and this is worse than all that could happen. I was over here on business, and should have made some money by now and been right again, but luck is right out. Now please do this and help me, and I will work for you as an engineer, as I am qualified, free of charge, and by that time might be more sensible than I have been during the last few years. I am a married man, and my wife, who is 18 1/2 years of age, might act as governess to your children. She is will up in everything, and in the course of a year or two will have some money," etc.
Verdict, Guilty. Prisoner admitted having been convicted on November 10, 1906, receiving six months' hard labour for obtaining money by a worthless cheque. Another conviction of four month was proved.
Sentence, 18 months' hard labour.
WHITE, George (22, porter) ; breaking and entering the warehouse of Wingrove and Company, Limited, with intent to steal therein; being found by night having in his possession, without lawful excuse, certain implements of house-breaking.
Mr. Colin Smith prosecuted.
JOHN THACK , foreman to Wingrove and Co., Limited, 8, St. James Street, Clerkenwell. On Saturday, January 18, at 6.30 p.m., I fastened the premises securely up. I sleep there, and was awakened at 2.15 a.m. by a police whistle. About a quarter of an hour later the electric bell rang. When I came downstairs, found a policeman at the door, and with him searched the place. I found the window on the roof lifted up on the outside. There were marks on the wall where the mortar had been knocked away, on the outside of the window finger marks, and tool marks on the roof as if somebody had
been up there and opened the window. Nothing was taken. At 5.30 a. m. I went to the station and heard the prisoner charged; he nude no remark.
Cross-examined. The premises had not been entered—not right inside.
Police-constable JOHN PETHICK, 311, G. Division. On the early morning of January 18. I saw two men on the roof of Wingrove's warehouse, prisoner being one, apparently attempting to get in. I kept observation for about 10 minutes, when I heard a voice from the roof, "Charlie, come down and turn that light off." I saw them coming down and thought they were coming by the wall near which they were standing, instead of which I saw the prisoner and two other men leave the door of the next house, No. 9, St. James Street They caught sight of me, and all ran in different directions. I blew my whistle, and chased the prisoner through Clerkenwell close (where I saw him throw something away), across Clerkenwell Green to Clerkenwell Road, where he was stopped by Marshall. We brought the prisoner back and found the jemmy (produced) on the tide of the road where he had thrown it. He was taken to the station, charged, and made no reply. In his waistcoat pocket I found a screwdriver (produced). The other men got away. There were marks on the roof all the way along—cracks; the skylight had, been forced and was open; there were marks on the inside. The men did not drop down inside. They were all on the roof together.
Cross-examined. Prisoner was on the roof near the window and evidently forcing it.
Police-constable FREDERICK MARSHALL, 315 G. On this sunday morning I was on duty at the corner of Woodbridge Street. Hearing a whistle I ran down Clerkenwell Road, saw prisoner running with two others, followed by Pethick; I stopped prisoner, and we took him back into Clerkenwell Close, where we saw the jemmy. The other two men got away. Prisoner said, "You are f——g smart; I have done nothing; let me go."
Prisoner's statement: I do not see how it comes in for warehouse breaking. I never entered the premises.
Prisoner (not on oath). All my statement is that I never entered the premises at all. The caretaker himself said the premises had not been entered, and there were no marks on the window.
Verdict, Guilty. Three previous convictions were proved.
Sentence, 20 months' hard labour on each indictment, concurrent.
BEFORE THE COMMON SERJEANT.
(Thursday, February 6.)
COCKBURN, James (38) ; stealing two silver dishes and one silver-plated coffee pot, the goods of Emily Clare Brodribb; feloniously marrying Caroline Eliza Buck, his wife being then alive;obtaining by false pretences from Ellen Esther Jacobs, the several sums of £100, £25. and £50; and from Jane Upham one diamond ring and the sum of £16 10s., in each case with intent to defraud; stealing one gold chain and one gold cross, the property of Jane Upham.
Prisoner pleaded guilty to the bigamy indictment.
Mr. Lawless prosecuted.
JANE UPHAM , single woman, residing at 56, Castle Street East, Oxford street draper's assistant. In March last I met prisoner in Castle Street. He asked me to go for a walk and we went to Hampstead Heath. After that I met him a good many times by appointment. He told me he was living at 9, Prince's Street, Hanover Square, and I have two or three times been to his rooms, which were rather fashionably furnished. Early in May I lent him a small sum of money, and he said he would repay me in a week. In the month of June I was walking with him on Hampstead Herth when it commenced to rain. I was wearing outside my jacket a gold chain and gold locket, and I asked him to put it in his pocket and take care of it. When I left him I omitted to ask him for it, having forgotten all about it. When I asked him for it the next time he said he had locked it away. When I asked him for it a second time he said he had lost his keys, and that made me very suspicious. Before I asked him for the locket and chain the second time he had asked me to let him have as much money as I could, and I drew from the Post Office £16 10s. I think that was in July. I let him have the money as he said he was in debt, and it would not do for him to have his name in the papers, and he would not be taken to prison; he would rather shoot himself. He promised to repay me in a week or a fortnight, when he said he would be having plenty of money from a bank in Threadneedle Street. I made the £16 10s. into a parcel, and left it with the housekeeper at No. 9, Prince's Street, and in reply received the following letter:" Kitten, my beloved, why did not you run upstairs with your dear parcel? How can I ever repay your kindness? I am just racing off to square up, so will you forgive a short note? Can I see you 5.30 on Saturday or any time before? Goodbye, my sweet love. With all my heart and devotion." After that I saw him once a week, and he promised to pay me when he had the money, and to let me have my jewellery. He also had a diamond ring of mine which he wore on his finger for a time. He asked me to let him, wear it in exchange for a plain gold band or bracelet he was wearing. After a time he asked me for the bracelet back, and I returned it to him. I asked him for the ring, and he said it was locked up in a drawer. Having asked him several times for the ring and a gold cross, I eventually taxed him with having pawned them. He replied, "What if I have?" I then asked him for the tickets and he refused to give them to me. I told him I would not leave Hanover Square until I had the tickets from him. He said I could not get the things out unless he wrote me a note, which he did, and gave me the two tickets with it. The things were pledged with T.A.
Robinson, 26, Mortimer Street, Regent Street, the diamond ring for £6 on May 27, and the guard and cross on June 15 for £1 5s. in the name of James Cockburn, of Prince's Street. The note was in the following terms: "9, Prince's Street, Hanover Square, August 2, 1907. To Messrs. T. A. Robinson, Mortimer Street. Gentlemen. Kindly give caller the articles herein mentioned, one diamond ring pledged £6, one gold chain £1 5s—£7 5s.—Yours faithfully, J. Cockreceived burn." Having got the pawntickets, I never saw him again, but I two letters. The first is headed "Liverpool, August 10, 1907. Good-bye. You have been the cause of this. Sailing to-day.—Jack." The second, written apparently on the same sort of paper, was headed, "Waldorf Astoria, New York, August 19, 1907. Patience is a golden virtue." The letter was stamped "New York." Prisoner told me that he was a man of means and had plenty of money. He spoke several times of his bank in Threadneedle Street, and told me the name of the manager was Baker. He told me he was a major retired from the Army.
To Prisoner. You promised me several times that you would get the rings out, and at last I gave up in despair and demanded the tickets.
NELLY OWENS , housemaid, 9, Prince's Street, Hanover Square, remembered last witness leaving a parcel at that house some time in July of last year. Witness took it up to the "major's" flat. He opened the parcel, which contained gold, and gave her two sovereigns to give to the housekeeper. He occupied a flat of four rooms.
ELLEN ESTHER JACOBS , ladies fitter, 4, Silver Street, Notting Hill Gate. I am single, and I have known prisoner two or three years as "Major" Cockburn. Early in last August he spoke to me about lending him money. He told me he wanted to go away for a holiday, but was hard up and had not the money to go with. I offered to lend him some, and he said he would not take a loan from a woman. I said I would advance him £10, as he was expecting his quarter's money. He said he was in difficulties through a woman, and was overdrawn at his bank to the extent of £75. He said he was a retired major and had an income of £30 a week, and was also a retired cattle rancher. He went away for a week. I paid him the £10 by cheque, and on his return I drew a cheque for 100 guineas, out of which I gave him £100. He said he was a rich man and would draw, his money in September. He said he had £30 a week and was heir to his uncle in India who was very rich and would leave him his money if he behaved himself. I mentioned to him that I wanted to insure myself in the Gresham, but he told me I should do better to invest money in the Canadian Sun Insurance Company, in which he was himself insured for several thousands, which he was entitled to draw, but if he did not touch it and married his wife would be entitled to £300 a year. He represented himself as a single man.
The statements as to his means and the insurance were made to me before I advanced him the money. I expected to get my money back. I should not have lent it on chance. When I drew the£105 he put me in a cab at the Trocadero and told me not to walk as it was a large sum of money for me to have. He waited for me at the Trocadero. Of the £45 I drew on August 15 I gave£25 to "Major" Cockburn. The day after I had given him the £100 he sent me a wire to meet him at Netting Hill Gate. I met him with a friend, and he told me he was going away with Lady Skudall. I saw nothing of him then for some time. When I gave him the £25 he told me his cheque was still on the way, and took me to Frascati's to dinner. He asked me for it the previous day at the Popular Cafe, where I lunched every day. I said I would think it over, and I gave it to him the next night in Frascati's. I had also been asked to lend £70 to a friend of mine who was an undischarged bankrupt. I asked prisoner about it and he said he would get advice as to whether I ought to lend an undischarged bankrupt money. He told me that if I lent an undischarged bankrupt money I should be accessory before the fact and liable to imprisonment. At the Frascati dinner he called out to a man who was passing to come and have some dinner with him. He introduced this man to me as Major Probyn, and said, "This is the little girl I asked advice about," and then he made the same statement as to my being an accessory, and Probyn said, "Yes, that is quite correct. Have nothing to do with it at all." On August 31 prisoner asked me for £50, stating that he was still short, and that he had just previously expended £5 in a cable to ascertain why his money had not arrived, and had had a cable in reply assuring him that it was on the way. I gave him the £50 and that left me with £13 in the bank. All the money was to be returned with interest. Prisoner knew I wanted to open a business for myself with this money. I gave him a cheque for the £50 and he handed me back £2 out of it. I met him once casually after that and he assured me it was all right. A little later on I met him in Oxford Street and he told me he was going to buy a tin trunk and was going away to Torquay. That was the last time I saw him before his arrest. That would be about the third week in October. He had a black eye and was much bruised, and said he had been run over and was very shaky. When we had conversation, about the insurance he said he was insured in the Sun for several thousands, and he showed me what mine would be if I paid in about £13 a year.
To Prisoner. When I gave you the £10 for a holiday I suggested you should take me with you, and we did go away for a week-end.
GEORGE EDWARD READ , manager of the Sun Life Assurance Company of Canada, 93, Queen Victoria Street, E. C. Prisoner is not insured with us and never has been, but there was a Cockburn appointed a sub-agent of our company in Sheffield in 1904, under our Yorkshire manager, but his name was not James. He was appointed in the name of Maurice Cockburn. Prisoner called at our office about six months ago and said he had a case in hand, and would we
allow him commission provided he secured it for us. He then mentioned that he held an appointment for our company in Sheffield.
Detective-inspector SIMMONS, D Division, stated that he arrested prisoner on the previous charge, and that he had been a married man some years.
JAMES COCKBURN (prisoner, not on oath), said he had never led these women to believe that he intended to marry them, and he had treated the money he had from them as loans, as debts that would have to be honourably paid, but there was never any stipulation as to when the money was to be repaid. The ring that he pawned he was perfectly willing to redeem only the lady took the tickets away. Giving details of his earlier life he said he went to the ranks as a private soldier and rose to be a commissioned officer as riding master in record time. As a boy he was going into the Bengal police to follow his father, who was Inspector-General. Since leaving the army he had tried several times to get employment, but he had had no commercial training and was told that they could employ boys for much less than he wanted. Verdict, Guilty.
Inspector SIMMONS said he had made' inquiries and found that prisoner was born in India, and that his father held the post of Inspector-General of the Bengal Police. He came to this country at the age of 19 and joined the King's Royal Dragoon Guards, and in 1901 had attained to the position of riding master, with a commission and the rank of lieutenant, having, as he said, accomplished that feat in record time. He was considered one of the smartest cavalry riders in the Army. Having gone on well up to that point and been drafted to the 21st Lancers in Dublin, he got into trouble by passing dishonoured cheques. There was a further charge against him of having lodged a Government horse in payment of a private debt; he was court-martialled, found guilty, and cashiered in July, 1903. After that he went with his wife and two children to Sheffield, where he resided with his mother-in-law, and negotiated for any situation in the life assurance company as sub-agent. After he came to London in 1904 he seemed to have given himself entirely to getting into the company of young women with means. Judging from what he had heard and from his appearance, prisoner had a fascinating way with, ladies, and one woman with whom he had lived for nearly two years had told ham that when he came out from this sentence if she should have £1, 000 she would be willing to give it to him. In the case of one young woman who was separated from her husband, he had obtained her jewellery, and she had not recovered from the effects of his assault upon her. At the flat he believed there was about £30 owing, and wherever he had been there was money owing. The fraud on Miss Jacobs was a particularly heartless one. She came into a legacy of £300, and within a month or two she was left stranded and
is now out of employment. With regard to the bigamy charge, Miss Buck was licensee of a public-house in one of the suburbs of London. Sentence, Two terms of Five years' penal servitude for the frauds on Miss Jacobs and Miss Upham, the sentences to run concurrently.
WALKER, Alfred William (21, clerk) ; forging and uttering, knowing the same to be forged and uttered, a request for the payment of money, with intent to defraud; stealing the sum of £2, the moneys of the V. V. Bread Company, Limited.
Mr. W.H. Leycester prosecuted; Mr. Warburton defended.
MARY JANE WHITE , manageress of the branch of the V. V. Bread Company, Limited, 59, Barnsbury Street, Islington. The head office of the company is at Brewery Road, Holloway. and Mr. Richardson is the general manager. On Thursday, January 23, at about a quarter to nine in the evening, a man whom I believe to be prisoner came into my branch with an envelope in his hand. He said to me, "Mrs. White?" I said, "Yes." He then handed me the envelope and said, "That is from Mr. Richardson, the manager, and requires an answer in reference to cash". I laid the envelope aside, as I had four customers in the shop, and when I had served them I went into the back parlour and opened the letter. It was addressed to the manageress of No. 27 depot, and was as follows: "Please give bearer all cash in hand, as we have run short of cash to pay the men to-night. He will give you receipt for same.—Yours faithfully, A. Richardson." The envelope and paper were such as are used by the company. No one outside the business would know that my depot was No. 27. As a rule we give the cash to the carman in the morning, but sometimes a messenger comes with a letter asking for the money. That happened on Christmas Day. I believed the letter to be genuine. To the best of my belief the carman had that day taken £. When the letter was brought I had 30s. that we keep over for change, and I gave him also a half sovereign belonging to the day's takings. He signed a receipt for it with a pencil he had in his hand in the name of "F. Williams," but he made out the receipt for £2 10s. instead of £2. That aroused my suspicions, and as soon as I noticed it I telephoned to the head office. Next day a young man came down from the head office with a note. He was like prisoner, but younger. On Saturday, the 25th, I went with Mr. Richardson and a police officer named Powell to St. George's House, Eastcheap, where prisoner is at work. Mr. Richardson and I waited in the passage where there were a good many young men passing backwards and forwards. I saw prisoner come out of an office into which Powell had gone. I recognised him at once, and when, the officer came out and looked at me, I nodded. He then asked me if that was the man I gave the money to, and I said "Yes" in the hearing of the prisoner, and he was then arrested. I had noticed that prisoner had a tooth missing. When he brought me the note on the Thursday he lit a cigarette and puffed it into my face, and I noticed that he was short of a tooth in the upper jaw.
ARTHUR RICHARDSON . manager of the V.V. Bread Company in Brewery Road. Prisoner was employed at the head office from November 7 to January 4 as a clerk. On Christmas Day a clerk was. sent to collect money from the different branches, as we were short of cash. There was a great quantity of money lying at the different depots, and we thought it would be safer at the head office, so it was arranged to collect it. I believe prisoner knew that was done. The letter produced, signed "A. Richardson," is not signed by me. I did not on January 23 authorise anybody to go to Mrs. White's depot and collect the cash. I did not give any authority for that letter to be written. When I saw the letter I thought I recognised the writing. I produce the letter written by prisoner asking for a situation, and I say that the two letters resemble each other. The book produced also contains prisoner's writing, which resembles that of the letters. Prisoners brother is still in the service of the company. He is younger than prisoner, but very much like him. After I had looked at the writing I sent prisoner's brother to Mrs. White with a note. I was with Mrs. White and the detective when prisoner was arrested.
To Mr. Warburton. There are 12 clerks engaged at the office. To the best of my recollection only Walker has left us since November. I do not agree that such clerical handwriting as that of the prisoner is vary common.
(Friday, February 7.)
ARTHUR JOHN TASPLEY , clerk employed by the V.V. Bread Company. I know prisoner's handwriting, and have constantly seen it in the course of my employment. On January 23 I received a telephone message from Mrs. White's branch to the effect that somebody had been there. I went round there and saw the letter signed "A. Richardson," and the envelope and the receipt. I took them back to the head office and examined them, and formed the opinion that they were in prisoner's handwriting. They are similar to the handwriting of the prisoner which appears in the wages book.
Detective THOMAS POWELL, Y Division. On the morning of January 25 I went with Mrs. White and Mr. Richardson to St. George's House, Eastcheap. I went into an office and there saw prisoner. I produced to him his own letter asking for a situation, and asked him if that was his writing. He said, "Yes." I said, "On Thursday evening someone went to the shop 59, Barnsbury Street, and there obtained £2 on this note," which I showed him. He said, "I know nothing about that." I told him that from the description Mrs. White, the manageress of the shop, gave me, and on the resemblance of the written documents, I should arrest him on suspicion. He made no immediate reply, but a few seconds afterwards he said, "The writings do resemble one another." I then told him that Mrs. White and Mr. Richardson, his late employer, were in the passage, and he left the office followed very closely by me. When he had got. near the end of the passage Mrs. White nodded her head. When I
got up to him she said, "That is the man I gave £2 to." I then told him I should arrest him, and he replied, "I am absolutely innocent of this. I know nothing whatever about it." I then took him to the Tube station, and while in the tube he said, "I left home about 20 minutes past eight on Thursday evening and returned again about nine. Shortly after then I went to Finsbury Park to see my young lady." I conveyed him to the station. When charged he made no further reply. He asked me what time of night the alleged offence was committed. I told him that Mrs. White had said about a quarter to nine, but I knew it was somewhere near nine. He resides at 12, Huntingdon Street, Barnsbury, about five minutes' walk from the V. V. bread shop. He has a tooth missing in the middle of the upper jaw.
Cross-examined. Mrs. White had told me about the missing tooth before I arrested him.
ALFRED WILLIAM WALKER (prisoner, on oath). I have always preserved a thoroughly respectable character. I left the employ of the prosecutors to better myself, and at the time of the arrest was working for Messrs. Myers, Rose, and Co., Limited, coal factors, in Eastcheap. My usual time for leaving is six o'clock, but this affair occurred in my late week, and I had to stop and finish any extra work; consequently it was 6. 20 on January 23 before I left. I arrived home within a minute or two of seven o'clock. I remained in doors till within a minute or two of eight o'clock, when I went out to post a letter for my brother, as it being a foggy night he did not want to go. Having posted the letter I went down the Caledonian Road and bought some cigarettes, and then I went to 17, Thornhill Square, to see Leonard Richards, the captain of our cricket club, of which I am secretary. I stopped talking to him till 20 minutes to nine. He was not aware I had left the V.V. Company, and I told him all about my new appointment. After leaving Thornhill Square I went straight home, and the time I arrived there would be about 20 minutes or a quarter to nine. I noticed that my brother was sitting in my father's chair, which was rather unusual, and father was sitting at the table with mother. I asked my brother, who is in the employ of the V. V. Bread Company, what time he left off work, and he said about half past eight. I then wrote to a member of the club whose address I had received from Mr. Richards. Whilst doing so Mrs. Carter, a lodger, came in and spoke to mother. I had not a stamp, and put the letter on the mantelpiece. Father and mother were playing cribbage. I watched them for a few minutes, and then told them I was going out to see my young lady at Finsbury Park, and they remarked it was rather a silly thing to do. I looked at the clock before I went out. It had turned five minutes to nine. My father is a cabinetmaker working at Maple's, in Tottenham Court Road, and as he has to go to business early accurate time is necessary in our
house. I arrived at my young lady's house not later than 9.15. It is a goodish distance from Barnsbury to her house in Regina Road, Tollington Park. I stayed there some time. When I was leaving I asked Mr. Page where Mrs. Page was, and he said she was at the auction room. I went and fetched her from the auction room, and left the house at a quarter to 11. I did not go near the V. V. bread shop. On the day I was arrested I was called into the managing director's room of Messrs. Myers, Rose, and Co., where Mr. Powell showed me my letter of application and the other letter and envelope. In the passage I saw Mrs. White and Richardson, and Mrs. White said, "That. is the man." I have always been in respectable employment. My salary is now 30s., with the promise of a substantial rise at the end of three months.
Cross-examined. It is a fact that I have a tooth missing in the upper jaw.
ALLAN GEORGE WALKER , prisoner's brother, 'spoke to prisoner coming home about seven p.m., having his tea, and writing a letter. Prisoner went out to post a letter, came in about 20 minutes to nine, and went out again just before nine.
LEONARD RICHARDS , clerk in the employ of W. D. and H. O. Wills, Holborn Viaduct, living at 17, Thornhill Square, deposed to having conversation with prisoner on the night of January 23 on matters connected with the cricket club.
JOSEPH ERNEST WALKER , brother of prisoner, and employed by the V.V. Bread Company, spoke to prisoner's movements on the night of January 23, and evidence of a similar character was given by Mrs. EMILY CARTER, the lodger at 12, Huntingdon Street, and Mr. WILLIAM WALKER, prisoner's father.
Mr. ARTHUR HENRY PAGE gave evidence of the visit of his prospective son-in-law on the night in question.
GERTRUDE PENNEY , science teacher at the City of London Higher Grade School, pointed out particulars in respect of which she thought prisoner's handwriting differed from that of the letter written in the name of Mr. Richardson.
Verdict, Not guilty.
BEFORE JUDGE RENTOUL.
(Thursday, February 6.)
Prisoner pleaded Guilty, but was remanded to next Session, in order that her state of mind might be inquired into.
BEFORE MR. JUSTICE PHILLIMORE.
(Friday, February 7.)
Sir Charles Mathews and Mr. I. A. Symmons prosecuted. Mr. R.F. Graham-Campbell (at the request of the Court) defended.
ELIZA CRANFIELD , domestic servant, Bexley, sister of deceased. I identified my sister's body at the mortuary on January 21. Her age was 26. She had been employed as parlour maid at Bourne Road, Bexley, in which situation she had been for about 15 months. I knew prisoner. He had been keeping company with the deceased for about two years. The envelope and letter produced are in my sister's handwriting. On the letter marked C my sister's signature is at the end. On letter D from "Dear Con." down to "Your loving sister Edith" is in her handwriting; the rest is not.
Cross-examined. I have seen prisoner from time to time, but have not noticed that latterly he has been depressed in manner. I did not see him very frequently.
CHARLES TRUNDLE , Belvedere, labourer. On September 19 I was going towards Bostal Heath, and at the corner of Wickham Lane I met prisoner and his young lady. I knew prisoner, but not the lady; this was at 8.15 p.m. We bade each other good-night.
Police-constable EDGAR CATT, 660 R. At 12.45 a.m. on Monday, January 20, I was on duty at Bostal Heath, when I saw prisoner coming to me from the heath; there was blood coming from his left wrist. He had a wound on the throat. He said to me, "I want you to take me in charge, constable; I have murdered my sweetheart. She is on a seat this side of the bandstand." I said, "Are you really telling me the truth?" He replied, "Yes, I am; that is a fact." I tried to stop the bleeding, and then took prisoner to Dr. Holmes, who has a cottage at Bostal Heath. I told the doctor, in prisoner's hearing, what the latter had said to me. The doctor dressed the wounds, and I searched prisoner, finding a bloodstained razor (produced) in his right-hand coat pocket. The blood was fresh on the razor. He handed me the three letters produced, A was opened, but B and C were sealed. I handed them to another officer. Prisoner said that his name was Arthur John Robinson, of 1, Maximfeldt Road, Erith. I then took him to the infirmary. Sergeant Shilliter was in my company on coming out of the doctor's, and I told him what prisoner had said. The latter had told me the name and address of deceased. On the way to the infirmary prisoner said, "She is quite dead; I made up my mind to do the job. She is pregnant by me, and I am not in a position to get married to her. We made up our minds to die together. I cut her throat and then
my own and left wrist. I bought the razor at Lloyd's, Pier Road, Erith." At the infirmary I handed him over to Dr. Davis.
Cross-eramined. I have been in the R Division just on two years.
Sergeant FREDERICK SHILLITER, 31 R. In consequence of information I went on January 21, about 1.10 a.m., to Dr. Holmes's, "The Cottage," Bostal Heath, where I saw prisoner and the last witness. In prisoner's hearing Catt said to me, "This man has told me he has murdered his sweetheart on a seat on Bostal Heath, near the band-stand," that he had cut his own throat and his left hand with the razor he (Catt) produced. That is the razor (produced). Prisoner said nothing then. We went to the house, and at the gate prisoner said to me, "You know where to find her; she is on the seat near the bandstand; it was a quarter past 11 when I did it." Prisoner seemed very cool and rational. I went to the bandstand with the doctor, and found, as prisoner had said, the woman sitting on the seat. After being seen by the divisional surgeon, the body was taken to Woolwich mortuary, where I searched it and found two newspaper cuttings (produced). (Two cuttings, one headed, "Tragedy of an honest couple," referring to the suicide of a man and woman by drowning, the other referring to a divorce case, were handed to the jury.)
JOHN ROBERT HOLMES , "The Cottage," Bostal Heath, medical practitioner, confirmed the bringing of prisoner to him by Catt, and what was said. I examined prisoner's throat, and found a wound about two inches long, superficial; no important vessels were cut. It was a jagged wound, the result of one cut apparently, end from a blunt instrument. It may have been done by the razor produced. There was also a wound on the wrist of about an inch and a quarter; it was not bleeding when I examined it, and apparently no artery was cut. It is difficult to say whether the bleeding stopped of itself or by the pressure which the constable applied to it. I dressed the wounds temporarily. When I asked prisoner why he had done it he said, "That is a thing best known to ourselves; she was quite willing to die." I went with Shilliter and found the dead woman on a seat near the bandstand, resting on her elbow, with the head inclined to the left side. The body was cold; this was at 1.15 a.m.; and consistent with death at 11.15. I found a large wound across the throat; (blood on the dress and on the ground. The wound was such as would have killed her instantly; it went right through to the spine. There was an impression of a man's boot at the back of. the seat, as though her assailant had stood behind. I made a postmortem at the mortuary on the following Tuesday. The cause of death was hemorrhage from the wounds; there were three nicks on the spine, showing three wounds. The womb contained a six months' male foetus.
Cross-examined. The wound in the man's neck was a rather gaping one. It would be more difficult to inflict a serious wound on oneself than on another. I think prisoner could have made a worse wound on himself if he had desired. I have heard that defendant's father
died in a lunatic asylum. I have only a general acquaintance with the subject of insanity. (Witness was examined as to the symptoms of insanity.) I have never met with a case where enteric fever has been a cause of insanity. A great deal of insanity is hereditary. (Theories of two authorities on insanity were put to the witness.) I am not an expert on insanity. A person having hereditary taint would be more likely to become insane suddenly. The fact that prisoner had served through a war, and in a hot climate, might aggravate his condition, assuming hereditary taint. Malarial fever would have a tendency that way. The fact of a girl being made pregnant by a subject of hereditary taint might cause great depression tending to insanity.
Re-examined. I had not seen prisoner before this tragedy. I believe he was perfectly sane when I saw him.
Sub-divisional Inspector ERNEST BACCHUS, R Division. I saw prisoner in Plumstead infirmary on January 21 and told him I was going to take him in charge for the wilful murder of Edith Cranfield. He replied, "Yes, sir, I quite understand that." I took him to Woolwich Police Station. When charged there (also with attempting suicide) he said, "Very good. You know we made up our minds to do this a fortnight or three weeks ago." Three letters were handed to me by the other officer. (The letters were read, containing passages as follow: From the deceased woman to prisoner: "I would like to put an end to myself now than anything be found out against me. I do not think I can bear it much longer. I do try to cheer up as you told me, but how can I? I do not think one can pat any confidence in anybody now, only keep their trouble to themselves. I was rather looking forward to getting married; then, of course, I should have taken my luck as it came." Another letter, an unposted one, addressed to Miss E. Robinson, contained the following: "I am now writing these few lines to you from your dear sister Edith. I am very sorry to cause you this trouble, but after three months' consideration we have both decided to die together. Hope you will forgive me for the mad act I am going to undertake." That letter purported to come from both deceased and the prisoner.) When the cuttings from the newspapers were handed to the magistrate at the police court prisoner said, "The long one I sent to the girl myself; it is a cutting from the 'Daily Mirror.' " That was the one about the suicide.
Cross-examined. I have been in the R Division for about 12 months. I know nothing of prisoner's family. I have inquired about prisoner's history. He went into the army when he was 15 1/2, giving his age as 18. He served in the war in South Africa, obtaining the Queen's medal with three clasps and the King's with two clasps. I noticed from his papers that prisoner had had some diseases, but I did not notice enteric. Prisoner afterwards went to India., where he served for three years and 310 days, coming back here on January 2, 1906. He was transferred to the Army Reserve in August last; discharge marked "Good." His father was a constable
in the R (my) Division. According to a doctor's report he went to a lunatic asylum, where he died an 1899. The cause of his insanity was due to alcoholism, I should say; he was drinking heavily shortly before he became insane. I found no trace in the police reports of injury to the head. I know that prisoner has scars on the back of his head. I have heard his eldest brother is mentally deficient. The cause is stated by the mother to have been an operation at his birth.
Re-examined. I have had prisoner's health record while in the army. I do not find anything which points to fever, either enteric or malarial. After discharge from the army prisoner was employed as conductor on the District Council's trams till January 14, 1907; then was out of employment till April 16. He was then employed at engineering works at Erith, where he remained till January 17 this year. On Saturday, the 18th, he did not go to his employment. Prisoner's father left five sons and a daughter.
OSCAR ROBINSON , postman, 1, Maximfeldt Road, Erith, brother of prisoner. The two letters produced are in my brother's handwriting. I last saw him on the afternoon of the crime at about a quarter to one.
Cross-examined. Since Christmas I have noticed prisoner bit fanny. His eyes seemed to be bolting or wandering at you. On Boxing Day he came home, ran straight upstairs, and went to bed; what for I do not know; that was about 7 p.m. On the Saturday, the 17th, my mother said to my sister, "If Jack don't leave the drink alone he will go out of his mind." Prisoner had been teetotaller for five months, and then broke out again about August, last year but he never used to show it. He used to be very particular about his clothes up to last Christmas, when he began to get careless. He was a heavy smoker, and would use as much as an ounce and a half a day of strong tobacco. I have heard him make strange remarks; about a clock, for instance. He used often to say to the clock, "Tick, tick, tick; I will give you tick, tick, tick, you old b—." I never heard him say that my father said anything of the sort. He used to say he had sent things home from India which we never got—a pig's head and other things. We have had a good deal of trouble in the family in the last year or two. My sister has had serious operations performed on her. Prisoner has seemed very depressed of late. I think my eldest brother's mind is a little bit affected; he is paralysed in one arm. Prisoner used to be an intelligent and bright chap. Since Christmas I have noticed a great change.
GEORGE ADOLPHUS SAMUEL ADAMS , Vicar of Erith. I have known prisoner for 13 years off and on. He was in our Sunday class, and I saw him constantly. For a few months, when he was about 13 or 14, I considered he was distinctly weak in intellect. Once when he was taken on at a draper's, and I saw him on a ladder, I received a strong impression by the very peculiar look which he gave me, and at the beginning of last year, when he gave up the tramway, I mentioned
it, telling him that unless he left alcohol alone he would die in a lunatic asylum. His answer was, "I hope not, sir." After the few months I spoke of prisoner seemed to get better; then he went away into the army. When he left the army he had an excellent letter of reference from the chaplain. When he left the tramway company he told me it was through drink, but I learnt afterwards that that was not so; that it was because of neglect of duty; if anyone he knew came into the tram he would stop and speak to them and neglect other fares.
Cross-examined. Prisoner was not at all equable in his demeanour; for short periods he would be intensely excited. The last time I saw him was the night before the murder, when he was waiting at a dinner to old people, and he was in high excitement then; the condition of his eyes impressed me.
Dr. JAMES SCOTT, medical officer, Brixton. I have had prisoner under my observation, since January 21. I have no reason to think he is insane.
Cross-examined. Prisoner told me that he had suffered from enteric in South Africa. I have no confirmation of that. He also said that he had had an attack of malarial fever or ague in India. With an hereditary pre-disposition a person would probably be more likely to become insane from a particular cause than without such taint. As a rule, relations are the first to notice symptoms of insanity. Depression and excessive excitement might point to the possibility of insanity. The fact of a woman whom a man was attached to being pregnant by him might produce great depression, and in the case of hereditary taint I cannot deny the possibility of its producing insanity. Just after an attack of insanity there frequently comes a calm. Prisoner has been very closely observed night and day since January 21, and I have not detected insanity.
The jury, after deliberating for about two hours in private, said that they could not agree, and were discharged. Re-trial postponed till next Session.
Mr. R.F. Graham-Campbell prosecuted; Mr. Burnie defended.
Mrs. ELIZABETH SLATER, Castle Street, Kentish Town. Prisoner is my youngest brother. He came to live with me and my husband in April, 1907, since when he has been out of work except for some three weeks. I have another brother named Harry Marsh, who lives with his wife Charlotte at 270, Lilley Road, Fulham. They have a baby known as "Sis." In the beginning of this year our drains were out of order, in consequence of which I wrote my brother Harry, which letter I read to George (the prisoner). That is the letter produced. It complains of the drains, and says that the prisoner would have to turn out as there was no room for him, and asks that my
brother Harry should take him for a time. To this I received no reply, and my husband then wrote to Harry. On January 14 we received a letter from Harry, upon which I saw George, and showed him the letter, which says among other things that the writer, Harry, could not accommodate prisoner, for various reasons. On reading the letter prisoner said, "I am done, that finishes it; I have my home and work taken from me, and I have nothing to live for." He said he was going over to see "Sis," and I said, "No, George, don't go"; but he left the house; I think this was about 9.30. The hammer produced belongs to my husband. The baby had had it on the night before, January 13, and I told prisoner to take it away from him in case he did anything with it; prisoner took it away and put it in the drawer.
Cross-examined. Prisoner had been queer; he had been complaining of pains in the head a lot; he felt funny in his head. He was a sober man.
Mrs. CHARLOTTE MARSH, 270, Lilley Road, Fulham. Prisoner is my brother-in-law. I have a little girl four year and five months old. On January 14 prisoner came to my house at about 2.30 p.m., when I was alone with the little girl. He came into the kitchen. I asked him if he would have some dinner, and he said he had had some bread and cheese and a drop of whisky. He said he had been, to Southfields at eight that morning, and walked all the way from Kentish Town. He also said they would have no work at Southfields for three months. He had not worked there that I know of. He appeared quite sober. He talked about having had good characters where he had been to work, and that he had not been getting up till two as he had to get his own food, and he could not do that. He said that if he did anything wrong they could not hurt him; he was too ill; he would be looked after. He did not mention any letters that had passed. I went upstairs to do some work, telling prisoner that the children would soon be in from school, and we would all have tea together. The little girl was showing prisoner a race game, and playing with him; I left them like that in the kitchen. I had finished my work and was going to call to Ivy when I heard her scream. I ran downstairs and found her lying in a pool of blood. She was shouting, "Oh, mummy." I said, "What have you done to my baby?" He didn't answer, but lifted the hammer to me. I said, "You do"; with that he ran out. I picked the baby up and ran after him. I called to some men opposite to stop him; they called down the road and someone stopped him. When I got up to prisoner I said, "Oh, George, why did you do it?" He made no reply. Then someone put me and the baby in a cab and took us to the hospital. The hammer produced is the one prisoner used.
Cross-examined. Prisoner did not seem dull and depressed when he came; he talked quietly. I did say before the magistrate that he was very quiet, but he usually is. He did not tell me that he had had anything to drink besides the whisky.
—BARBER. On January 14 I was in Lilley Road a little before four p.m., when I saw prisoner running towards Hammersmith. I detained him and handed him to a constable, after taking him back and meeting the mother of the child. I was present when the officer found the hammer.
Police-constable JOHN ROWLANDS, 348 T. I was in lilley Road at the time in question, and saw prisoner being held by two men, who said to me, "This man has hit a child on the head with a hammer." I arrested him and took him to the station. He said nothing, and appeared to be sober. At the police station I found on him a hammer (produced) in his inside breast pocket. Prisoner then said, "I hit the child with the hammer, but I could not have known what I was doing." I found on him 7 1/2.
Sergeant RICHARD NURSEY, T Division. About quarter past six on January 14 I visited 270, Lilley Road, and saw in the kitchen two pools of blood. I was present when prisoner was charged at the station. He replied, "Yes, sir." When I first saw prisoner, shortly before six, he was quite cool and rational.
ARTHUR CHARLES FIRTH , house surgeon, West London Hospital, said that he made an examination of the child, and found the hair covered with blood, four cuts on the head, one on the forehead, and three behind the level of the ear; the topmost one extended down to the bone, also the third one. He noticed a large bruise on the centre of the forehead. An operation was performed within an hour. Considerable violence must have been used, and three of the fractures were dangerous. The wounds might have been caused by a hammer. The operation was successful, and the child was going on very well.
Sergeant NURSEY, recalled as to character of prisoner, said that he had found it good.
Verdict, Guilty of wounding, with intent to do grievous bodily harm. Sentence, Five years' penal servitude.
Mr. Warburton prosecuted; Mr. Elkin defended.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Friday, February 7.)
Mr. A.H. Bodkin and Mr. Travers Humphreys prosecuted; Mr. Marshall Hall, K.C., and Mr. Huntly Jenkins defended.
At the conclusion of the opening Mr. Marshall Hall submitted that no case within the indictment was disclosed; that even if the girl (14 1/2 years old) was takes out with a view to accustom her to the idea of leading an immoral life when 16 it would
be too remote; that under R.v. Brown (24 Q.B.D., 367) and R.v. Collins (L. and C., 471) there was no attempt to commit an offence which, if uninterrupted, would have resulted in its committal.
Mr. Bodkin quoted Archbold, p. 2, and suggested that the difficulty in case was to determine at what stage there was sufficient proximity to the completed offence to constitute any act done by the accused as an attempt.
The Recorder. If the girl had been within a few weeks or months of the age of 16 I should certainly have lent the case to the jury, but, having regard to the fact that she is 1 1/2 years off that age, I think it is too remote.
On the direction of the Judge the Jury returned a verdict of "Not guilty."
BEFORE THE COMMON SERJEANT.
(Friday, February 7.)
RETCHKOWITCH, Isaac (38, cabinet maker) ; having been adjudged bankrupt did by false representations obtain a quantity of timber, value £164 7s., from William Pharaoh on credit with intent to defraud; having been adjudged bankrupt, attempting to account for a certain part of his property, to wit, the sum of £230, by a fictitious loss—an alleged burglary: having been adjudged bankrupt, not discovering to Arthur Charles Bourner, the trustee administering his estate, how and to whom and for what consideration and when he disposed of part of his property, to wit, the sum of £1, 400, such part not having been disposed of in the ordinary way of his trade or laid out in the ordinary expenses of his family; having been adjudged bankrupt after the presentation of a bankruptcy petition against him, to wit, on April 14, 1902, did make and was privy to the making of a certain false entry in a document relating to his property and affairs, to wit, a goods account filed in his bankruptcy by entering the sum of £1, 382 6s. 6d. as the value of timber sold by him for cash and not entered in his ledger. In 1902 prisoner absconded.
Sir Charles Mathews and Mr. A.E. Gill prosecuted; Mr. Marshall Hall, K.C., and Mr. Louis Green defended.
GEORGH INGLIS BOYLE , Bankruptcy Court messenger, produced the file in the prisoner's bankruptcy. The petition was presented on October 5, 1901, and a receiving order was made the same day and adjudication followed on October 21. On November 16 Mr. Arthur Charles Bourner was appointed trustee. A statement of affairs purPorting to be signed by the debtor was sworn on November 14, 1901. Debtor described himself as of 48, Pembury Road, and the liabilities were shown as£3, 888 11s. 10d. to eleven unsecured trade creditors for goods sold and delivered, with assets £883 19s. 8d., including £614 for stock-in-trade and £298 3s. book debts described as good. The statement of affairs also showed book debts described as bad amounting to £1, 362 19s. In the deficiency account there
appeared an item of £260 in respect of an alleged burglary. The public examination was commenced on January 17, 1902, and ceased on May 15.
EDWARD JAMES PERRIN , living at 19, Elgin Road, Seven Kings, cashier of the Shoreditch branch of the London and County Bank, produced a certified copy of prisoner's account, nominally, between September 3, 1901, and June 19, 1902. The last payment in was on October 5, 1901, and the balance due to the bank was £152 14s. 6d. in respect of dishonoured bills.
(Monday, February 10.)
Police-constable DAVID BRIGGS, 596 J. I produce plans of the corner House of Pembury Road and Downs Park Road, Clapton. The houses stand within their own gardens. In the centre of the road opposite the house occupied by prisoner there is an obelisk with a lamp. A trellis work fence divides the front garden from the back premises, which includes an outhouse and stables. Passing through the door in the trellis work and entering the back premises there are area steps quite close leading to a door communicating with the basement, and over that area there is a flight of steps leading from a door on the ground floor into the back garden. In the upper part of the area door is a large glass panel. The distance from the bottom of the glass to the bolt inside is 2 ft. 8 in.
Police constable FRANK HARRADIKE. 60 J R. In the early morning of October 8, 1901, I was on duty in Downs Park Road, opposite the Clapton Presbyterian Church. At 3.10 I heard the sound of a police whistle from the direction of No. 48. I crossed the road and went to the garden gate, where I met Sergeant Stephens. I threw my light on the front of the house to see that the door was secure. Then I saw someone at the bedroom window of the first floor. In a few minutes prisoner came to the gate in the trellis work dressed in his shirt and pants. He was very excited and said, "Burglars have been in my house." I said, "Where?" He said, "They have been in by the area door." I said, "No one has passed out here." He said "I followed him downstairs. He came out by this (trellis) gate." I said, "It is impossible, because I have been here all the time." Sergeant Stephens searched the back garden, but found no one. I then turned my light on, and at the top of the area steps I saw a pair of trousers. Prisoner picked up the trousers and said, "My money is all gone." I then saw a coat lying on the brickwork at the side of the area, and on the coat was lying a pocket-book. Prisoner picked his pocket-book up and said his notes were all gone. We then entered the house by the area door. Prisoner said, "This is where they got in." There was a broken kind of round hole in the glass, with pieces sticking out from the woodwork at the bottom to the extent of three inches or four inches, as nearly as I can remember. There was broken glass on the mat inside, and also outside in the area. The glass was ordinary window glass, not very thick. Prisoner
said the house was entered by the burglar lifting or slipping the bolt. When we went in officers were posted outside. We searched the house, commencing with the basement, and found no one there, nor on the ground floor. In the first floor bedroom all the drawers of the dressing-table were drawn out, cigarettes were strewn all over the floor, the wardrobe doors were open, and both ladies' and gentlemen's clothing, as near as I can remember, were lying on the floor. Finding no one there, we proceeded to the second floor. In the back room was a young lady lying on the bed, and when I shone my light she sat up; and whilst I was searching the room she got out of bed, and I saw she was fully dressed, boots and everything.
Cross-examined. This all took place about six years and three months ago. I made up my mind at the time that there had been no burglary. All this occurred in 1901, and I was not called upon to swear an information about it until April, 1903.
Re-examined. A report would be prepared the same day by the officer in charge of the case, who in this instance was Inspector Gunns. I know as a fact that a further report was recorded on October 13. If prisoner blew his police whistle at the window, and immediately pursued the burglar downstairs, there was no time for the burglar to escape before I got to the trellis door. I am certain prisoner said the burglar had gone through the trellis door. I am quite clear that I met prisoner coming through the trellis door.
Police-sergeant HENRY STEPHENS, 18 J. In the early morning of October 8, 1901, I was standing at the Obelisk, opposite 48, Pembury Road, at about 3.15 a.m., when my attention was attracted by a whistle from the bedroom window of No. 48. Before that I had not heard sounds of anything unusual, such as the breaking of glass. I was distant from the bedroom window about 40 yards. The place was otherwise quiet, and there were no vehicles about at that time of night. Standing at the corner I could see both the wall abutting on the Pembury Road and that abutting on the Downs Park Road. If anyone had come out or across the walls I am certain I should have seen him. After I heard the whistle I ran across the road and into the gate, and in the front garden leading to the house I met Policeconstable Harradine. I then ran into the garden and looked at the windows abutting on Pembury Road and the windows abutting on Downs Park Roard, and then I went through the trelliswork gate into the back garden. When prisoner came out he said, "Burglars have been in my house. I followed him down from the bedroom, and they went out of this gate (or door)." I am not certain whether he said "gate" or "door." At the same time, he pointed to the gate in the trelliswork. I said, "He hasn't come out here. "I then directed Harradine to remain on the area steps whilst I searched the back garden. I was quite satisfied there was nobody there. I then returned to the front, blew my whistle, and two more constables arrived. I placed one in the front garden and one in the back garden. I then accompanied Constable Harradine and the prisoner into the house through the area door, where the window was broken, and prisoner
told me that was where the burglar had entered. Prisoner stated that the burglar had entered by breaking the glass, and that the door had been bolted at the bottom, inside. There was also a bolt at the top, but I do not remember that prisoner said that the door was also bolted at the top. I examined the door myself, and asked prisoner if he thought it was possible for a man to lean over the spikes of the broken glass and unbolt the bottom bolt. I pointed out to him that the glass would be broken off by the weight of anybody's body. Prisoner made no reply or explanation. I found a hammer and chisel on the mat inside, but found no marks showing that they had been used for effecting entry. Accompanied by prisoner and Harradine, I proceeded to search the house. In prisoner's bedroom I found a small chisel and a piece of candle. The doors of the wardrobe were open and a quantity of clothing was strewn about the floor. In the upper bedrooms I found nothing unusual. When I came downstairs prisoner said that he had lost two gold watches, and I think he said that £230 in notes had been taken from his pocket-book. I did not go into all the rooms, but I saw no trace of any burglar.
Cross-examined. Prisoner pointed out the trellis door as the door out of which the burglar had come.
Retired Inspector ALFRED GUNNS, formerly of the J Division. On October 8, 1901, I was stationed at Hackney, and on that night was in charge of the night duty relief. About a quarter to five in the morning I was called to 48, Pembury Road. I went there and saw the prisoner, who was then the occupier. He told me he had had a burglary in his house, and that about a quarter past three in the morning he woke up in his bedroom, where the gas was burning, and saw a man leaving the room, taking prisoner's jacket and vest with him. Prisoner stated that he had at once blown the police whistle out of the bedroom window and followed the man down the staircase. The man, he said, ran out of the area door, leaving prisoner's jacket and vest lying on the area steps, that he had lost £230 in bank notes out, of the pocket-book which had been in his jacket pocket, £6 in gold, which, with other coins, had been in his trousers pocket, and two gold watches that had been in his bedroom. He said that no money had been taken from his trousers pocket, except the gold. I pointed out to him it was singular that a man running down a couple of staircases in the dark in a strange house should have been able to select the gold and leave the other coins, but prisoner insisted that the other money was all correct. The same observation applied to the bank notes that had been in his jacket. Prisoner said that all the other papers were correct and nothing had gone but the bank notes. He pointed out to me the broken panel in the area door, and said that the thief had put his arm through that and undone the bolt. Prisoner said that he had himself secured the bolt, or had seen it secured. I then said, "Will you show me the way the man did it?" Either the constable or the sergeant closed the door, and I then inserted my arm through the hole in the glass and reached down as
far as I possibly could and showed him distinctly that it was impossible for anyone—few men have a longer arm than I have—to have reached that bolt. I also told him that even with the chisel he could not have turned the bolt up and removed it from the socket. The glass that was lying in the area had fallen a considerable distance, and it occurred to me at the time that an expert thief of this daring kind, who would go up into a man's bedroom whilst he was sleeping, would certainly have used some means of deadening the noise before breaking the glass. I asked him for the description of the watches, telling him that my object was to send a description of them to the pawnbrokers, but he could give no description of them at all. I also asked him if he could furnish me with the numbers of the notes, but he could not give me them, nor could he give me the numbers of the watches, though he said he had them in his possession some three or four years. I asked him if he was insured; he said he was not, and that he had got to meet some big bills that day, but was unable now to do it. I then told him I doubted very much whether what he had told me was true; that I had ascertained from the sergeant and the constable that they had been standing outside the house for some length of time and had run on to the premises directly the whistle blew. I went straight back to the station, made a report that morning, and sent to Scotland Yard at once, saying that I very much doubted whether any burglary had taken place.
Cross-examined. I did not make up my mind that there had been no burglary until after the examination of the house
WILLIAM PHARAOH , timber merchant, 108, Bishopsgate Street Within. I first became acquainted with prisoner about 1901, and I used to supply him with goods, some of which he paid for, and I am returned in the statement of affairs as an unsecured creditor for £234 19s. 9d. I see that my first transaction with him was on December 11, 1900, and the amount was £21 17s. 9d., which was paid in cash. On March 20 and 21, 1901, I supplied him with goods to the amount of £187 6s. 2d., which was to be paid by his own acceptances. On May 30 there was an order for £95 12s. 9d., but the goods were not delivered until I had seen what bills had been paid. On August 28 he gave me an order for £95 19s. 9d. and paid £25 on account. My traveller brought me a further order on September 13 for £164 7s., but before I executed the order I wanted to see the defendant to see whether he was solvent. My traveller accordingly brought him to my office and I had a very short conversation with him. I asked him whether he was solvent and he said, "Thank God, I am solvent and can pay 20s. in the £." The following day I happened to be in Curtain Road and saw that the yard was full of timber. At that time I believed that he was solvent, so I gave an order for the goods to be delivered and received in exchange acceptances. None of the bills were met, and I proved in the bankruptcy in respect of them and a balance of £70.
Cross-examined. All the transactions were carried out through the traveller and confirmed by me.
EDGAR ALFRED SMITH , 2, Priory Gardens, Highgate. In 1901 I was in the service of the last witness as traveller. I left him in 1902. I remember receiving orders from prisoner on behalf of Mr. Pharaoh. I first received orders at the end of 1900. I think I had the last order on September 8, 1901. None of the orders were executed until certain inquiries had been made. I was present at the conversation deposed to by the last witness with reference to the solvency of the prisoner. Mr. Pharaoh put the question to prisoner direct, and prisoner immediately replied, "Thank God, I can pay 20s. in the £." I would not be sure that those were the exact words, but that was the purport of his statement. I had previously had a conversation with prisoner on the subject of his financial position.
Cross-examined. Mr. Pharaoh and I had heard rumours that prisoner was insolvent. I accompanied Mr. Pharaoh to prisoners timber yard and it was not till Mr. Pharaoh, had seen the timber that the order was passed for execution. There was the best part of a thousand pounds worth of timber in prisoner's yard at the time. Mr. Pharaoh also went down to the docks at prisoner's request.
WALTER BOLTON STURGESS , Harlesden, clerk, Shoreditch branch of the London City and Midland Bank, produced a certified copy of the prisoner's account in 1901. The account was opened on March 15, 1897, and was closed on October 30, 1901, by cheque to the Official Receiver in Bankruptcy for the amount of 11s. 2d., the balance.
In cross-examination witness stated that the average balance kept by prisoner was between £300 and £400. Banks meeting acceptances for customers in the way of trade required a larger balance to be kept than if they were not called upon to meet acceptances.
CHARLES BOYER . I was appointed trustee of the prisoner, and attended a meeting of his creditors on October 17, 1901. Prisoner was called in order that he might do something upon which a petition in bankruptcy could be founded, and he declared himself unable to meet his debts. I believe he made a proposal to pay 2s. 6d. in the £, which was ridiculed; the creditors were determined on bankruptcy. He was told as he was one of a number of people whose affairs were being investigated, he would have to go into the Bankruptcy Court with a view of being prosecuted. Looking at prisoner's pass book with the London and County Bank, Shoreditch, commencing September 3, 1901, the credit balance on the morning of October 1 was £365 10s. 3d.; up to October 15 there are further payments in amounting to £131 16s. 5d., after which no further payment in occurs, making a total of £497 6s. 8d., which he had in bank after September 30. On October 8 the balance was reduced to £46 15s. 1d., and on October 9 to £8 15s. 1d., the total drawn out amounting to £488 11s. 7d. On October 1 is a cheque to "Self £70." On that date in prisoner's account with the London City and Midland Bank £70 is paid in. On October 1 cheque to self £65—described in cash account filed by the debtor as "Repaid Barnett's loan £65." on October 3 cheque "Self £35." October 4 cheque Wilson £60—described
as "Loan repaid to Wilson"; there are also various other cheques described as loans repaid. Then there are 11 sums for cartage amounting to £210, and then "Stolen by burglars £230." I find no documentary evidence in respect of the alleged loans, except the cheque—no entry of having received the loan or any receipt for payment of the loans. In the London City and Midland Bank account I find sums entered at loans repaid amounting to £368; there is no evidence to show receipt of any of such loans. That observation applies generally wherever we have investigated the account. It was the practice of the prisoner to enter particulars of all bills he gave. On October 7 the balance in the London City and Midland Bank was reduced to £1 11s. 2d. I find a three years' agreement with regard to 48, Pembury Road, at £75 per annum, and from inquiries learnt that he had furniture to the value of £170. In that month he gave a bill of sale on his furniture in Enoch Road for £150. His statement shows an excess of liabilities over assets of £400. The deficiency account contains the entry" Burglary £260" and "Bad debts £136 11s." The liabilities show £3, 888 11s. 10d. for goods supplied between March and September, 1901. It shows assets £888 19s. 8d., of which £614 consists of stock in trade. Prisoner was ordered to file fresh accounts, which he did, covering a period of six months before the receiving order. The goods account shows that he had goods to the value of £3, 940 in those six months, including stock on hand at the beginning; the balance shows stock £643; £1, 382 6s. 6d. sold to customers (whose names the debtor does not remember) for cash, and not entered in ledger. I have no particulars whatever of that. He takes credit for stock in hand £643—it realised £20. The cash account shows receipt by him in the same period of £5, 361 9s. 8d., including £512 in hand at the beginning. He makes the estimated sales for cash £2, 496 4s. 6d., instead of the £1, 388 on the previous account—he has raised it by £1, 500. Then he brings out the gross profit £864 18s. 9d. As the result the cash sales, of which no particulars are furnished, are £2, 896; the cash received during that period by the first account was £5, 361 9s. 8d.; that is now increased by £300, his drawings out of the business, which makes another £300 to be accounted for. The result of that cash account is that during the period in question there passed through his hands £5, 709 19s. 2d. £2, 207 19s. 9d. is said to be paid for goods and carriage, leaving a balance of £3, 500. Cheques to self amount to £866 16s., in addition to £300 personal drawings; loans repaid £344 10s.; exchange cheques £930 18s. 11d. The public examination was closed on May 15, and in June I was preparing my account. He had given me no information with regard to moneys received by him. On June 5 I learnt from an anonymous letter that he had left the country. He had given me no notice of that.
Cross-examined. The date of receiving order was October 8; adjudication October 31; documents were filed down to May. On June 6 an application was made for a warrant ne exeat and refused; prisoner sailed on June 7. I do not know if prisoner was in court
on June 6. In my statement I say, "I knew for 24 hours before making the application that he had booked his passage. My object was to secure the £100 deposit paid by the defendant for his passage"—he went to South Africa and the document of the Castle Line says he must have £100—that was the condition upon which he got his ticket, and I desired to recover that amount. On June 30 I applied for an order to prosecute, which was granted on July 7, 1903. I made my report on June 30, 1902. I could not obtain information where he was. I learnt that he was back in England the day he was arrested. The warrant of arrest was got by the Treasury in September, 1903. The Treasury would not incur the expense of sending to South Africa. I did not know that he returned to this country early in 1906, or I should have had him arrested. I did not apply to Turner and Hodson for £140 worth of timber left with them to be sawn, because I believed they had a lien upon it for their debt. The committee of inspection, who are prominent timber merchants, knew the law as much as I did. I cannot possibly answer these questions from memory after seven years. I asked for an order to prosecute within seven months of my appointment. The Court would not make an order in the first instance. The public examination was on January 17, March 7, and May 15, 1902. He was cross-examined by Mr. Mallinson on my behalf I have made every effort to ascertain whether the alleged repayments of loans were made, and can find no evidence of them. I have no recollection of ever speaking to the bankrupt, except at the public examination. If it were possible to exculpate the prisoner from a criminal charge I should consider it my duty to do so as an officer of the Court. I saw there was no assets. It was said at the examination that a writ was issued by Toffshinsky for £198—that would not satisfy me that it was not a fictitious payment. I am not in the slightest degree prejudiced.
Re-examined. Toffshinsky is the prisoner's bail. When the application for a writ of re-examination was made I was not engaged in the criminal prosecution. It was refused on some technical ground; there were only 10 hours to apply in after I knew that he had taken his passage. After the criminal proceedings had been started the matter was in the hands of the Treasury.
The debtor's examination was then read.
(Tuesday, February 11.)
Detective-inspector ALFRED WARD, B Division. I was instructed to make inquiries into the prisoner's affairs in August, 1903. In the statement of affairs in bankruptcy there are the names and addresses of a number of persons shown as debtors to the estate. I called at a great number of the addresses shown in the statement of affairs and endeavoured to find the debtors mentioned by name in that statement, but could not do so.
Verdict, Guilty. Sentence, Nine months' hard labour.
BEFORE MR. JUSTICE PHILLIMORE.
(Saturday, February 8.)
VELTHEIM, Franz Von (49, agent) ; on June 11, 1907, feloniously sending, knowing the contents thereof, and causing to be received by Solomon Barnato Joel a letter demanding of him with menaces certain property, money, and valuable securities; feloniously sending, delivering and uttering to Solomon Barnato Joel, knowing the contents thereof, a letter demanding of him, with menaces certain property, money, and valuable securities.
Mr. C. F. Gill, K. C., Sir Charles Mathew s, and Mr. Bodkin prosecuted; Mr. Vachell, K. C., and Mr. Artemus Jones defended.
(Monday, February 10.)
SOLOMON BAENATO JOEL , of Barnato Bros., 10 and 11, Austin Friars, African merchants and bankers. On June 11, 1907, I received through the post letter produced with the envelope attached. It bears the post mark "26 May, 07," Russian style. It is a typewritten letter signed "F. Von Veltheim" in the handwriting of the prisoner, with which I am well acquainted, having seen very many specimens of it: "Odessa, June 6, 1907. Solly Joel, Esqe., London. Sir,—I daresay you have not quite forgotten the writer of these lines and the unsettled account between us. I have purposely delayed the inevitable settlement day till now, because I intended such to be worthy of the issue between us, and somewhat different to what I propose doing now. For reasons which do not concern you, I will be satisfied once and for all with a purely financial settlement of my outstanding account against you, provided you accept my terms promptly and frankly. To assist you to come to a reasonable decision corresponding with your own best interest, I must remind you to recall to your memory the character and grievances of the man addressing you. You have every reason to know from the history of the past that he keeps his word under all circumstances, regardless of consequences. Had you known this in Johannesburg, and acted accordingly, the history of your house in S. A. would have been a different one, Let me see now if you have learned anything from the past or not, or again regret when too late. There will be no threats made, no further letters, etc.; only a bill drawn against you, and presented for payment, which you can refuse to honour if you choose. In the latter case, I only assure you that you will have the sure opportunity to tell me personally your reason why you have refused.—F. VON VELTHEIM." On receipt of that letter I instructed my solicitors as to the application for a warrant against the writer immediately, and on June 12, the next day, an application was made at the Guildhall Police Court, and a warrant granted. I know the prisoner by sight. I first saw him in the dock in Johannesburg, when he was being tried for the murder of my brother, Woolf Joel, whose death occurred in
Johannesburg on March 14, 1898. The trial was in July, 1898, and on July 20 I was called as a witness for the prosecution. I next saw him in the dock at the Guildhall in this matter in December, 1907. In Johannesburg I was a very few minutes in the box. I produced a number of letters which had been written to me by the prisoner in Johannesburg in the early part of 1898 signed "Kismet." The first is dated February 12, 1898. (The letter was read.) On receipt of that letter I forthwith handed it to the police of Johannesburg with instructions to find and bring to justice the writer. It was followed by letter of February 16, 1898, addressed to my private residence in Johannesburg. (Letter read.) Another letter of the same date was posted to my business address, Box 433, Johannesburg. (Same read.) In compliance with the request in the first letter an advertisement was inserted in a newspaper by the police. I then received letter of February 18, 1898. (Same read.) Another advertisement was inserted followed by letter of February 22, 1898. (Read.) On February 23 I received a sixth letter in prisoner's hand-writing. (Same read.) I then received letter of February 25, 1898, containing a reference to the result to all my family. I was then living with my wife and family at Johannesburg and my brother Woolf Joel was in residence there in the same house. There is also a reference to the wrong man being arrested. In fact the police had arrested a man named Smith on suspicion that he was the author of the letters; he was afterwards released. Efforts were still proceeding to find the writer until I left Johannesburg on March 7, 1898, having broken down in health, my brother Woolf Joel remaining in sole control of the partnership business. I was in Cape Town when I learnt that my brother had been killed on March 14. On receiving news of his death I returned by special train to Johannesburg, brought my brother's body to this country, returned to Johannesburg, and appeared in Court at the trial of the prisoner on July 20, 1898, when I produced the "Kismet" letters. On June 11, 1907, I received the letter posted from Odessa. On July 2 I received another typed letter posted from St. Petersburg addressed to me at Maiden Erley, Reading, where I have a country house. I have also a residence, Sefton Lodge, Newmarket. (Letter read bearing postmark St. Petersburg, June 16, received in England July 2.) I received that letter at Newmarket, where I was for the meeting of July 1. The police had no success in discovering the whereabouts of the writer until September 3, 1907, when I received letter produced from V. Bu Millar, Antwerp, dated September 2, 1897, stating that Mr. Von Veltheim had handed him a draft on my firm for £16, 000 and that he would present it. On September 4 an interview occurred between Bu Millar and my solicitor, Mr. Harry Abrahams. A shorthand writer named Tagg was present in the room, I and an inspector of the City Police being in the adjoining room. Whilst the interview was proceeding Mr. Abrahams brought to me a bill at sight for £16, 000. I told him to endeavour to retain the bill, which he did, and we had it photographed. I have compared the photograph
produced with the original and it is correct. I handed the bill back to Bu Millar on September 5, when I and Abrahams had a second interview with him; the same shorthand writer being present, Inspector Pentin being in the adjoining room. I have examined the transcript of the shorthand note of that meeting, and it is correct word for word. The bill is as follows: "Antwerp.—London, 29 July, '07. £16, 000. At sight pay to my order £16, 000 sterling, value received as per advice.—F. Von veltheim. Solomon Barnato Joel, Esq., 10 and 11, Austin Friars." Endorsed "to the order of Rudolph B. Bu Millar, F. Von Veltheim." I heard part of the first interview, but cannot swear to the accuracy of the shorthand notes. At both interviews we inquired the address of the prisoner and could not get it. Bu Millar said it was simply an everyday business and he would write to me. If the bill was not paid he had to take it back and the prisoner would then present it himself. We did not discuss how the bill should be honoured—in notes or cash. Very persistent efforts were made to get the whereabouts of the drawer. Bu Millar was kept under observation and followed back to Antwerp. On September 17 I learnt of prisoner's arrest and under my instructions extradition proceedings were instituted. Prisoner was extradited and sent over to this country on December 28, 1907. In November, 1907, I receiver a letter from the prisoner in Paris. (Read.) On July 12, 1907, my solicitor, Mr. Abrahams, gave me letter produced, which was found sealed up among the documents in our office. It was sealed up with an endorsement stating by whom it had been opened. It is dated August 9, 1898, Delagoa Bay, and is from the prisoner. (Same read.)
Cross-examined. Barnato Bros. were established in 1870 odd in South Africa. Barney Barnato was the founder of the firm. He was in South Africa for a number of years on and off, coming frequently to England. One business was situate in the Transvaal and another at Kimberley. The house concerned in gold mines was at Johannesburg. Barnato belonged, I suppose, to the Uitlander party, as most Englishmen did; most of them believed they were badly treated in the matter of the franchise by the Boer Government, and I believe there was considerable agitation to secure full rights of citizenship, and the Reform Committee was formed. The Jameson Raid took place when I was in Johannesburg. Barnato and Woolf Joel were not there. I joined the Reform Committee. My firm were shareholders and directors of De Beers Diamond Company. I have heard it stated that arms were sent in drums from their works. After the raid I suppose the dissatisfaction of the Uitlander continued. The suspicion of the Boer party was aroused against the members of the Reform Committee. The Reform Committee broke up after the Raid. I am not aware whether the desire of the Reform Committee and the Uitlander Party to bring about a change continued; I had abandoned all hope personally. My uncle is said to have been a remarkably clever and enterprising man. He was in England and knew nothing about the political movement; he took no part in it.
The Raid took place at the end of 1895 and he left England in the early part of 1896. I was also in England. I think Barnato left for England about June, 1895, and returned the next year. He came back when I was arrested as a member of the Reform Committee in March. 1896, and remained till July. He would know the members of the Reform Committee and what was going on. When he came back he was in touch with current politics. I was arrested in Cape Town and returned voluntarily. Barnato returned with me on November 28, 1896. Woolf Joel had been out several times. He sailed in January, 1898, to relieve me and enable me to go back to England; I was unwell at the time. He was older than I and a good business man. I knew Caldecott as a co-director in two companies with which I was connected. There was a general decline and he may have suffered losses. He had a daughter who, I believe, resided with him at Mrs. Gray's boarding-house, where I have heard prisoner was also living. I have heard that the young lady is dead. I have heard that she delivered the last one of these letters at my brother's house. I was in Cape Town at the time. My uncle died in 1897. Woolf Joel arrived on February 6 at Cape Town and reached Johannesburg on February 12. The letters struck me as very extraordinary and very serious, and I handed them over immediately to the police. The language is very much out of the common, and I was very much disturbed by them. I left Woolf Joel in Johannesburg on March 7. Strange was manager of the Consolidated Investment Company, of which I am the chairman. He is now in England. I believe it is the fact that when my brother lost his life he, prisoner, and Strange were in the room together. After the trial prisoner was deported by the Government as an undesirable, and I believe he went to Delagoa Bay. I only heard it stated by his counsel at the Guildhall that attempts were there made upon his life. I came to England immediately after the trial. I believe prisoner was afterwards deported from Delagoa Bay—I took no part in it—it was kept from me in consequence of my state of health. A cablegram was received stating that he had gone to England, but I saw it only the other day. When I received the Odessa letters signed by the prisoner I knew they came from him—I only knew one Von Veltheim. I identified him as the man who had threatened my life. When I saw Bu Millar we had the Delagoa Bay letter in front of us asking for £2, 000, and we kept referring to that with a view of ascertaining the prisoner's address. That was the object of the interview.
Re-examined. The first time I ever heard of Von Veltheim was when my brother was killed. I was on terms of very, very close personal affection with Mr. Barnato and with my brother. As far as I know, neither my uncle, my brother, nor myself ever had any dealings direct or indirect with the prisoner of any sort or kind; and I knew nearly everything.
Harry Abrahams. I took down in shorthand what passed at that interview, and afterwards made a transcript of my shorthand notes. I produce the transcript, which is an accurate record of what took place at the interview. I was present on September 5 when Bu Millar was there again, and took a shorthand note of that, and produce an accurate record of the conversation.
Mr. Gill said he proposed, subject to his Lordship's ruling, to read those two interviews, and submitted that, supposing that this was a legitimate transaction and Bu Millar was there for the purpose of presenting this bill, under the circumstances it would be proper for the person to whom the bill was presented to make inquiries as to the person presenting it—as to when it was he was in communication with his principal, and when he might be expected to be again in communication with him for the purpose of paying him or giving him an account of what the result of presenting the bill was.
Mr. Justice Phillimore thought that the shorthand note put in en bloc could not be admissible, but that reference to a particular question, and answer might be permitted.
CAMILLE ROLAND , proprietor of the Hotel Regina, Antwerp, gave evidence as to prisoner living at his hotel from February to August of last year. Prisoner left luggage behind him, which was handed over to the Commissioner of Police at Antwerp.
(The form of declaration signed by the prisoner that he was staying is the country for more than a fortnight, and attested by the Commissary of Police, was put in and translated by the interpreter.)
Detective-Inspector PENTIN, City Police, gave evidence to the effect that on June 12 he received at the Guildhall Justice Room a warrant granted by the Alderman, on the application of Mr. Abrahams, Mr. Joel's solicitor, charging prisoner with feloniously sending and causing to be received, knowing the contents thereof, a certain letter demanding money and a valuable security from Solomon Barnato Joel, with menaces, without any reasonable or probable cause. Having received the warrant he made inquiries with a view to executing it, but was unable to obtain the necessary information. On September 3 he went to 49, Queen Victoria Street, where he saw Mr. Abrahams. On September 4, he again went to Mr. Joel's office, and was in the room adjoining that in which Mr. Bu Millar and Mr. Abrahams had an interview. He was also there on December 5. On December 5 he saw Bu Millar leave the office, followed him to Antwerp, and communicated with the Antwerp police. On September 6 a provisional warrant was issued in Belgium for the arrest of the prisoner. After communicating with the Antwerp police and making inquiries witness went to Paris. On September 19 a provisional warrant was issued in Paris for the arrest of prisoner, and witness was in company with two French detectives when prisoner was arrested on a warrant at the request of the British authorities. On the way to the station prisoner said: "What is it all about?" In reply, witness told him the charge, and cautioned him. He said: "I Know English law; I had some of it in Johannesburg. The idea of Solly Joel being such a fool as to take action about a letter I wrote to him. He is a scoundrel. He and his family tried to blow me up, to assassinate me, and
they owe me a lot of money for what I have done for them. I only asked him to pay me or not, just as he liked. "Prisoner was taken to the police depot, and the warrant was read to him. In reply he said: "This is a charge of a ludicrous kind. As far as I know the letter said. 'You can pay me some money or not. It will be left absolutely to you, and if you do not I will ask you personally why you refuse to pay.' Is that a threat? If so, it is something I do not quite understand. I certainly have written a letter, but if it contained menaces it is more than I can make out. If a man owes me money what harm is there in asking him to pay." He made a further statement in reference to Bu Millar. "I told Bu Millar not to present the bill and I was considering about sending a telegram to Solly Joel not to pay the bill if presented. If you had come half an hour later very likely you would have found me sending the telegram off." While the particulars of arrest were being taken prisoner said to witness, "You will no doubt see Solly Joel. You can convey a message to him. He has had the opportunity of making a friend of me, but now he has taken this step he will bitterly regret having made an enemy of Von Veltheim." A letter signed by Bu Millar, written in German, was found on prisoner, and was left in the possession of the French police. On September 24 witness went to Antwerp and was shown some travelling trunks by M. Roland. The trunks were afterwards sent to London and are now in the possession of the City Police. On October 23 prisoner was discharged by the French authorities under the extradition proceedings. (Witness gave further evidence as to prisoner being received into custody.)
FRANZ VON VELTHEIM (prisoner, on oath). My name is Frans Ludwig Kurt. I have used the name of Von Veltheim for 27 years for family reasons. I first made the acquaintance of any member of the firm of Barnato Brothers in 1896. In that year I came from South America, where I had been sent years before to organise a new steamship company and plantation business, and I was on leave and had just arrived in England. I think, at the commencement of January, just after the Jameson Raid. After a visit to the Continent I met in London an old friend from South America, who was representing one of the South American republics, through whom I met Mr. Barnato. I am under pledge not to give the name of my friend. My friend was governor of an independent state about the size of Germany, and I had lent him steamers to transport his troops and had generally been his intimate friend. I met him again in London as Minister or Ambassador, and when I met Mr. Barnato it was for the purpose of speaking to him about the Transvaal. My friend has a great notion of my natural gifts in handling men and my ability in handling a revolution, and as the question was one of a revolution in the Transvaal he had spoken to Mr. Barnato about me. The interview took place in the smoking-room of the Hotel
Metropole in July or August, 1896. Mr. Barnato explained the trouble in the Transvaal, and asked me what I thought of it—if it was possible that a raid could be carried out with success, and generally if it was possible at all to cope with the situation in a revolutionary sense without resorting to outside help or force. I asked him to explain the situation. He said that Mr. Kruger was practically an autocrat and could do what he liked, and that he was personally the only obstacle to a reasonable progressive policy. I then asked him if there were any other prominent Boers who were able and ambienough to be leaders themselves, and if there was anyone jealous of Mr. Kruger among the Boers, with the object of causing dissension among the solid block of the Boers. I pointed out that every revolution required two parties. There they had only one party of Boers, and they could not have a revolution by means of strangers without an absolute war and help from outside. Mr. Barnato, after speaking with me for about three-quarters of an hour, said that this view was new to him, but he thoroughly saw the point. My view was to cause a split among the Boers themselves by fostering the ambition of one of the leaders, and helping this leader with his party, putting secretly at his disposal the Uitlander force, and also capital and experts who would engineer a revolution. At the moment this revolution should come to a head this real Boer would take the place of Mr. Kruger instead of a foreigner or Uitlander, so that the revolution might seem at least outwardly one amongst the Boers themselves. Mr. Barnato said he was going out again, and he wanted to see me again. Accordingly, in a few days I saw him at the Grand Hotel, when he informed me he was going out to south Africa, and he would there make up his mind if he would do anything as I had proposed, and asked me if I was prepared to hold myself at his disposal. I agreed to do so, and resigned my position in South America. Mr. Barnato gave me £500. It was arranged that small amounts like this should never be paid by cheque. This was paid in notes. Barnato asked me how much in my opinion the whole operation would cost. I told him I could not say until I had seen the country myself, but I did not think it would cost more than half a million. He also asked me what I expected to get out of it if I took it up seriously. I said I would leave the payment to go by results—if the thing came off all right, I should think from £30, 000 to £50, 000 would be the right thing, or perhaps with it a good position; but that if the Revolution did not come off all right, I would not need it. I would be dead, and in that case I would only need expenses. He then asked me what I thought the preliminary expenses would be, including sums for bribery; and I told him my opinion was that about £1, 000 a month would cover the average expenses, but we should require a larger sum for certain purposes. He said that money was of no consequence, and that if it could be done within a million, it would be cheap at the price. I answered that I was almost certain it could be done within the margin of a million. Then there was an arrangement made that I was to communicate absolutely as little as
possible, only in case of dire necessity, and to leave my address where a communication would reach me immediately; and that if I needed to send him a letter to Austin Friars I was to make a little "x" in the corner. I did not see him again before he sailed for South Africa; and the final arrangement was that I was to hold myself at his disposal. I received £500 more in February of 1897; it came by a messenger from the office of Mr. Joel. I was then staying at the Grand Hotel, near Hastings, when a gentleman handed me a letter which contained a lead-pencil note from Mr. Barnato and £500 in cash, saying, "I expect you by first boat to meet me at Cape Town before I sail, and you will receive all further instructions then." I took a passage and arrived at Cape Town at the end of March. I there met Mr. Barnato outside the club. He was not in good health, and I thought for the moment he had been drinking, but it was not exactly the effect of drink I saw, he was very strange, and he asked me to lunch with him the next day at the Sea Point Hotel. He said, "I don't feel very well, and I am going home; my nephew, Woolf, is coming out, and he will have all instructions. In the meantime you can go on with the work, with all the preliminaries which you know better than I can tell you. Do you need any money at the present moment?" I said, "No, I don't." And he said we must arrange as to a channel through which I could draw money. It was on that occasion that I saw Mr. Solly Joel for the first time; he came into the room, nodded his head, and passed on. Mr. Barnato said, "That is my other nephew, Mr. Solly; he is a good boy, but he must not know anything about this business." I did not know what was his reason. I had not done any preliminaries then, and Mr. Barnato told me that I could go on with them. Then I went to a private hotel and waited events; Mr. Barnato left, without our seeing one another again. It was understood that I should keep any connection between us absolutely secret. About a fortnight after he had sailed the news came that he had committed suicide, and I got a message to return to Europe; but I thought I had better wait until Mr. Woolf came out: instead of returning, I Joined the Cape Mounted Police and was engaged in the war with the Bechuana Kaffirs. I was wounded and was lying in hospital when the news arrived that I had been found dead in the Thames. After that I left the Force to go into the Transvaal and proceed with the work. There I made the acquaintance of the leading men and occupied myself in finding out all about the possibilities of carrying out the plan. I arrived at Johannesburg, I think, in January. I stayed at a boarding-house kept by Mrs. Gray; and I made the acquaintance of a Miss Caldicott. I wrote the first of the "Kismet" letters on February 12, 1898. At that time, as far as I know, Mr. Woolf Joel had not arrived at Johannesburg. I went about the country prospecting, paying visits here and there, and sounding the country as to the dissatisfaction of the Uitlanders. Miss Caldicott was a friend of the Joels; so I asked Miss Caldicott her opinion of the family. She spoke very highly of Woolf, but very derogatorily of Solly Joel. One day I was sitting
on the verandah of my room when she came up to me with an American novel with a detective story dealing with a situation There a young lady wrote to a millionaire; and she said, "I am going to write a few letters of this description to him, as it will do him good." I said, "Why? What is the object?" and she told me that she blamed him personally. I think she had the opinion that he was to blame for the money her father had lost. I told her that she could not possibly get money by writing threatening letters, and that she would get into trouble. Then she said, "Well, it doesn't matter, I don't want money; but, anyhow, why shouldn't he be worried by my writing letters like that?" I argued the matter, but she influenced me enough to make me take an interest in it; and I wrote those melodramatic letters with the sole intention of causing worry, presuming that the first letter would end the matter. But, an answer came to the letters, and she brought me the paper in which the answer was given. I take full responsibility for the letters, and I am fully aware that they were in very bad taste. One day she brought me a paper showing that a man had been arrested; and then I realised that the thing was not a joke, but serious. I thought it was time to stop It. It is the one silly thing I ever did in my life, and I made up my mind the moment Mr. Woolf came to tell him all about it and beg his forgiveness. I went to see him, I think, about a week before his death. I was shown into a private office where, after a minute or two, Woolf Joel joined me, with my card in his hand. I said, "Have you ever seen that name before?" He looked me in the face and said, "Not that I am aware of." He said, "Are you the gentleman who has come to see me about those letters?" I said, "Yes, Mr. Woolf, I am the writer of the letters, though not on my own account, but as a silly joke," and I said that I realised they were, in very bad taste and that I had come to him to beg him to forgive me." I place myself at your mercy. Do with me what you please; I have been a fool but, believe me, I am sorry for what I have done." Woolf said, "Do you mean to say that you have been such a fool as to write such letters? How did you come to do it?" or words to that effect. I said, "I don't know how I came to do it, but I did it"; and I asked him to bury the letters and say nothing more about it. He stared at me and said, "Well, you have acted like a man—you say you are sorry and you place yourself at my disposal; I will, in my brother's name as well as my own, consider the matter settled"; and he gave me his hand; and I thanked him very much indeed. I then asked him if he knew anything about the business in which I was engaged with Barnato; and he said, "No." So I said I would tell him, on condition that he paid me the sum of £8, 000 down and £4, 000 some time later under a guarantee; and then I would tell him something that would be of ten times that value to him. He looked at me and said, "All right; I accept the condition of £12, 000, and I will pay you the £12, 000 provided what you say shall be worth it to me." I then told him all about the plan for changing the Transvaal Government with a mere word; and told him that before the
event came off he would have information of the fact, and that, with his millions, it would be worth more than £12, 000 or £1, 200, 000 to him, as he would be able to deal on the Stock Exchange. He replied that he knew better than I did what it would be worth; and said that if I communicated with him in the future I must do it in the style of the "Kismet" letters, but no more threats. He said he would see me again to-morrow and tell me how he would let me have the £8, 000, because it was of importance that the transfer should not be traceable. I saw the reason of that, but I pointed out that there was no danger of the Transvaal police connecting those silly letters with real serious business of the kind that I had in hand. But still he was nervous; and he made an appointment with me for the next day at "The President Cafe." After that we met again in his own office, where I saw Mr. Strange, the manager of one of his companies; and we discussed the question of how the transfer of the money to me was to be made; but nothing was said about the political business. Mr. Joel offered to transfer the money direct to London; and he asked me if I had got any friend in London to whom his London house could pay the money, and then cable it out to me. I did not accept that offer. He afterwards suggested that I had best run over to London and that the matter could be arranged over here; and that I could then go out there again, because, he said, a matter of six weeks more or less was not of any great consequence. I poohpoohed that idea, and suggested that we should make a bet and that Joel should lose the money; but he said, "It's not so easy as all that—people would not believe it if it ever came to any serious business. "We parted without any final agreement; and the matter was left till the following Monday. I then sent him a note making an appointment at "The President Tea Rooms"; and, at the hour appointed, Mr. Strange walked in and said that Mr. Joel was busy and could not come. He asked me to go to the office and see him. We went together and I sat down and wrote a slip of paper for Mr. Joel. When Mr. Joel came in, he closed the door and the catch slipped. He shook hands and asked me what I was going to do—was I ready to go? I said, "Was I ready to go, where?" "Why," he said, "you must go to London; there is no other way out of this; I will not risk giving you a large sum like that here." "Now, Mr. Joel," I said, "I want you to listen." The room had a big, broad desk right across it, it was not a large room, and I was standing on one side of the desk; Mr. Woolf was standing at the lower end speaking to me, and Mr. Strange was standing on the other side, almost opposite to me. Mr. Joel said that if I needed anything for personal expenses I could always have a few hundreds, but that for any larger sum I must go to London. Mr. Strange then brought a box of cigars and we began to smoke. After about ten minutes, suddenly a shot was fired and I received a blow in the face as if somebody had thrown some gravel or sand, causing my face to smart, and closing my eye. I stepped back two steps, turned round and looked at Strange. I was in conversation with Mr. Joel before the
shot was fired. Mr. Joel suddenly looked at Strange, and I involuntarily followed his look. I was in the act of slewing my head round when the shot was fired. I saw Strange with a smoking pistol in his hand covering me, and then I looked round at Mr. Joel, who was in the act of bringing up his revolver, which he had evidently pulled cut of his pocket; he had also got me covered. I then realised that they meant to shoot me. My hand flew to my pocket, where I had a little 32 calibre revolver, which I always carried in those days; I drew my revolver with a handkerchief over it—I had no idea of coming alive out of the room, standing between two pistols. I fired at Strange, and I saw him drop simultaneously with my shot. I then wheeled round on Joel, and, in quick succession, fired three shots at him, and then I wheeled back on Strange who had dropped on the floor; but, seeing that he was not trying to shoot me, I forebore putting a bullet into him, though I had two more left, and I told him to keep quiet—because I knew that he had a revolver in his hand. I saw that Joel had fallen back against the wall, and was sinking. Then I stooped, picked up his pistol, and walked towards the door, which people outside were trying to break in. I was arrested. Four months afterwards I was tried, and the trial lasted nine days. I went into court with my face black, the best witness I could have, and I was acquitted in three minutes. The people rose and cheered so much that the Government thought there was going to be trouble. The Government tried by every means in their power to compel me to disclose about the political plot, and the names of the people involved, and I was in peril of my life. They told me that if I did not answer the questions the jury would be instructed not to take account of my evidence. The reason I was deported to Delagoa Bay was that it was believed I had been trying to depose President Kruger. In Delagoa Bay I met with one or two adventures, which I put down to the agents of the Barnato firm. I wrote a letter to Mr. Solly Joel, explaining how his brother came by his death, as he evidently thought that I had murdered him, and about ten days after I had a parcel sent to me which contained a bomb. I had been expecting a parcel from the German Government, and, as I opened the cover, there was a terrific explosion; I was thrown against the wall and stunned. About a month later the hotel at which I was staying was burnt down and I escaped in my night clothes. I then wrote an application to the Boer authorities asking for permission to cross the border, but I did not get permission, so I crossed of my own accord and surrendered to an officer. and the Government promptly sent me to Barberton, and gave me three months for crossing the border without permission. The war followed a year later. Before that I was again released. I left Africa in November, 1900, and came to London, and after I landed from the steamship I received a letter bidding me beware of coming to London. In June, 1907, I wrote from Antwerp a letter to Mr. Joel, my intention being to remind him of an agreement that I had with his brother. I deny that the intention was to demand money with menaces. The settlement I sought was purely
financial without any row or litigation. "Grievances" referred to in the letter indicated the attempt to assassinate me when I thought I was among friends. If the shooting had not taken place in the office in Johannesburg there would have been no Boer war. The plot for engineering dissensions among the Boers would have resulted in Mr. Kruger's being turned out and another Boer President elected. I thought there was no harm in asking for the money which was due to me. The amount of the bill—£16, 000—is the £12, 000 and interest from 1898.
Cross-examined. I was introduced to Barnato by a friend whose name I am pledged not to give. I refuse to tell you who it was. I would be a scoundrel if I did. He was acting as a diplomat. I was selected because I was considered a good man from the revolutionary point of view. As to whether I can mention the name of any living person who ever saw me in company with Barnato, the hotel-keeper at Sea Point would perhaps remember me. Barnato did not ask me any questions as to who I was. My friend told him I had been a Consul and was manager of a steamship company on leave from New Orleans. I had leave for six months, and I wrote that I should not return. I have no document of any sort that I have received from Barnato. There was nothing except the paper I gave Mr. Woolf in his office. I cannot remember the denomination of the notes given me by Mr. Barnato. I think they were mostly tens and twenties. I am not aware that Barnato's office was not in Austin Friars at that time. My permanent address was at 55, Gower Street. After the occasion when Barnato sent me the £500 and the request to go to Cape Town, I did not go for other reasons. I was not a little worried at that time. I know what you mean, but you are mistaken. I did not in February, 1896, receive a sum of £500 from a Miss Schiffer, in a town on the Rhine. I got £500 from her in 1906, two or three months before I was married to her. In July, 1896, I was arranging to go to America. It is not correct that £1, 000 was given to me for the purpose of making a home out there. As to the suggestion that in July and August, 1896, I was staying with the lady in the Hartz Mountains, as the Hartz Mountains are only 200 miles from here there would be no great difficulty about that.
(Tuesday, February 11.)
Further cross-examined. In July and August, 1896, I passed a few days with Miss Schiffer in the Hartz Mountains. I was examined at Johannesburg about meeting Mr. Barnato. I do not remember what I said—it is 10 years ago. I did not say, "Barnato had nothing to do with me in Cape Town." I probably said he was not in a fit condition to do business. "I had a letter from a confidential agent of Barnato Bros. I refuse to give his name." I am not permitted to give you the name. It is quite correct that I did get some information from a friend of Barnato's. I could give you the name of the agent, but I am not permitted without a special permission from
gentlemen who have all got my pledge. I cannot have said, "Barnato had nothing to do with me in Cape Town"—there must be something added to it. I remember distinctly that the question came up that I had been at the "Sea Hotel." I have not seen a record of the trial lately. I rely solely on the truth as I remember it. I do not remember where I was when I got the telephonic message which led to the second meeting with Barnato in London—I think it was in a small club in Hanover Square called the "George" or "St. George." At that interview Barnato told me he was going to South Africa in a few months. He said, "I am going down again before I decide." I do not say there was a bargain that I was to have £30, 000 to £50, 000. He said, "What do you think you ought to gain by this?" I merely mentioned my views to get an idea if the thing was worth his while if the thing happened. The £1, 000 a month also was merely my opinion of what I thought would cover the expenses, leaving out large amounts for bribery, or for the engagement of 100 or 200 men where needed. I did receive two sums of £500. I was to be paid £1, 000 a month; if it had been finally arranged, but when I did come out to settle that he was not well. In London it was a mere mention of what would be necessary. When examined in Paris I did not say, "Presented in 1896 in London to the Brothers Barnato Joel, bankers. I was taken by them in the capacity of secret agent for overthrowing the Transvaal Government with whom they had differences over the exploitation of their gold and diamond mines. A sum of £500 was delivered to me for my journey and a monthly payment of £1, 000 was promised to me, but I never received it, and that is the origin of my debt." I spoke in German, and it has been mistranslated through the French into, the English. When at Eastbourne I got a pencil note with £500 from Barnato. He was then at Johannesburg. There was an unsigned letter wrapped round the £500: "We have received instructions to forward this note with this amount to you." It was arranged between Barnato and me that I should never receive anything that could prove anything. I accepted that as natural in such work. In secret service the backer is not going to risk all he has and be at the mercy of another man if he can prevent it. I deny that the money I received in 1897 was from Miss Mavrogordato. I did not leave England in 1897 because I apprehended proceedings being taken against me. I may have gone to a firm of solicitors in reference to Miss Mavrogordato on March 26, 1907. I may have gone to the Eastern Hotel in the East India Dock Road in the name of Captain Vincent, but I certainly was not in hiding. I do not remember the reason for it—it was not on account of Miss Mavrogordato; I was in correspondence with her up to the day I left. I suppose it is right that I booked a passage to Cape Town on April 17 in the name of "F. L. Kurt." When I arrived at Cape Town I was not entitled to £1, 000 a month—I had received two sums of £500 as a retainer; there was a silent understanding that I was to consider myself in Barnato's pay; it was not all hard and fast; it was a mutual understanding that
each would treat the other with consideration. Up to that date I had been sufficiently well paid. In Cape Town I met Barnato accidentally in the street and we went into a private bar for about 10 minutes. S. Joel passed us and, I think, raised his hat. Barnato said, "That is my nephew, Solly. He is going home with me, but he is not to know anything about this business; but he is a good boy." We walked together to the trams and Barnato got into a tram to go to his hotel. He said, "It is better for us not to be seen too much together, it would make it too ostentatious, but come up to lunch to-morrow and we can have another talk." I went out to his hotel the next day; he was again not well. We had a small bottle of champagne, and I stayed with him about half an hour. I saw him once more at the Grand Hotel, where I was staying. I do not know that he came specially to see me. He came in with another gentleman. We met down below in the hall; then we walked upstairs together, had a drink with the other gentle-man, and then he took my arm and we walked upstairs and had a conversation lasting about three-quarters of an hour. That was the last time I saw him. Shortly afterwards he went to England. All three interviews were early in May, within three or four days of my arrival in Cape Town—I was only there about three days. I do not believe that S. Joel only arrived in Cape Town on May 24; I saw him with my own eyes. I enlisted in the Cape Mounted Police for three years, knowing I could always get out by paying £20. I was out with a big patrol of 60 men chasing Galishwe and his chiefs, and was with him when captured by the so-called Stellaland Horse, close in our neighbourhood. I have been all through that country, but, of course, there was no fighting in our sense of the word. I got a wound by a burst gun used through the campaign. I had marks of powder on the side of my face from Strange's pistol. In the records of the trial you will see the doctor's certificates and the picture of me with all the marks. It is quite true there was an old mark underneath it in the eye, but the whole side of my face was covered black. I was marked with powder spots when a school boy through the explosion of a pistol, but the marks in my face in Johannesburg were perfectly fresh and, of course, examined by the doctors, and photographs taken to show the position in which the face had been injured. Attestation paper produced bears my signature. It describes me as having "gunpowder marks on the right eye," and shows that I enlisted at Kim-berley on July 21, 1897, in the name of Francis Louis Kurt, giving the name of my friend in case of anything happening to me as Baron Veltheim. While in hospital I saw my portrait in "Black and White" as Von Veltheim, who had been identified by a woman as her husband who had been drowned in the Thames, and I wrote stating that I was not the husband of that woman. I asked my officers to cable to Scotland Yard, and I would come home if wanted. I was told I was not wanted. I was under arrest for a day, then as my hand still made me useless I was told quietly that I need not pay £20, that I could go. I left on December 11, 1897, and after staying a little while in
the neighbourhood crossed the border to Johannesburg. Up to that time I had never been in the Transvaal. In January, 1898, I was at St. Michael's Hotel, in the centre of the mining district. On February 12, 1908, I wrote the first "Kismet" letter. I was not then without means—I was never without means—I had only to go to the Consul and ask him to send a telegram to certain people and I would have had money. At that time I was staying at an expensive boarding-house. Later on I was fairly short. I may have left the hotel without paying, and sent the money afterwards. I did not pledge my revolver for £3. I played cards with a man named Bracer and lost some money. It is possible I borrowed £3 from Foster to redeem the revolver from Bracer. On February 5 I was at Mrs. Gray's boarding house, 33, Fox Street. I possibly borrowed two sums of £5 from her in March, when I was expecting to get a settlement from Woolf Joel. I did not communicate with Barnato's place of business in London, because he was dead. He had said when he went away that Mr. Woolf Joel had or would have full instructions, and I thought he would appear after a few months to carry on the work. I could have got money at any time from a man in Cape Town, whose name I decline to disclose. My first explanation of the "Kismet" letter was that it was written for a man whose name nothing would induce me to divulge; that was to cover the lady. She was found dead on the day she was to be called to give evidence on my behalf, through the excitement of my arrest and of the tragedy; the doctors gave it as heart disease. I wrote the letters in company with her as a silly, stupid joke. I had had in my mind the sum that I intended to ask of Mr. Joel, and therefore put £12, 000 in the letter. I agree it looks like a blackmailing letter, but it was never meant seriously. I wrote a dramatic letter for the mere purpose of annoying the man who received it. I had heard a story which I will not repeat, but it was a just punishment. The object was to scare him. You can put it that way, that it meant if he did not pay £12, 000 he was to be murdered. I never intended to come for any money. (To the Judge.) Not to frighten him that he would lose £100 or lose a finger, but to frighten him that he would die. This was the brother and partner of the man who was killed by me. (To Mr. Gill.) It was written to a man I had never spoken to in my life. I say in the letter that, if he lends me the money that I need to recover my position, I will repay him for my own satisfaction; that meant nothing; the whole lot means nothing except annoyance. I told him the moment I knew I was in danger that moment would sign both our death warrants. I saw the advertisements that appeared in answer to those letters. I threatened not merely Mr. Joel, but those who were nearest and dearest to him—it was in the same sense, just to frighten—it was horrid and stupid. I admit nominally they were letters demanding money under threats to murder. They were merely meant in horrid bad taste, I admit, and worse if you like; to annoy and worry Mr. Solly Joel, and I humbly have eaten dirt for them. I do not remember when I learnt that Woolf Joel had returned to Johannesburg. Bundle of letters
produced are in my writing. (Letter of March 2 was read.) On February 28 an advertisement was put in the paper from S. Joel saying that I could see his brother, and the letter of March 2 asked that either S. Joel or his brother should bring the money—£12, 000. In speaking as if there was someone else acting with me who could avenge me, I think that is out of a novel; the whole scheme was based upon a novel; that had no meaning. "The consequences are upon your own heads"; "Fools ought to die young"; that was merely to annoy Solly Joel. At that time, when Woolf Joel had returned, it was decided to go and see him and later on admit that I was the author. (To the Judge.) In saying "It was decided" I was referring to the young lady, but it was practically myself.(Letter of March, 1898, was read.) An advertisement was then inserted, "Will you call at my office to-morrow, Thursday, if you have anything reasonable to propose." On March 12 I wrote: "It is absolutely necessary that to-morrow, at 11 a.m., this business should be finally settled." I may have owed Mrs. Gray £18 for my board. She possibly pressed me for payment; I do not remember. I am not sure if I owed her borrowed money besides. It did not matter because I only had to go and get some money if I wanted it; I could have had anything within a few hundred pounds. Previously to the shooting I had an interview with Woolf Joel, in which I explained about the letters; he accepted my explanation and forgave me on his own and his brother's behalf absolutely, and at the same interview promised me £8, 000 and £4, 000 later on. I was in a sense awaiting the arrival of Woolf Joel to communicate with him. I did go to him within a day or two of learning he was there. As a matter of fact, this "Kismet" business at that time was preying upon my mind, and I then realised that I had to end that, and it was rather a foolish business to have to admit. I needed £8, 000 for a certain purpose, and I had explained to Woolf Joel that I did not need it for my own pocket—that I needed it to save a man from financial trouble, and that the money would be only momentarily so occupied and would afterwards come back to him. (Two letters were read of March 13 asking for £2, 500.) That letter was to deceive Mr. Strange; there was an enclosure which is not produced; that is only bunkum. After the trial on August 9 I wrote a letter from Delagoa Bay asking for £2, 000—on account it is meant, until I got to London. I could not force them except on the moral persuasion that I had served them and it had been promised. I had not any document to show they owed it, and if he was not going to keep his word all I could do was to sue him and get what satisfaction I could by claiming it. In asking for £2, 000 and undertaking not to give any further trouble and saying that Mr. Joel could explain that he gave it because I was a dangerous nuisance or monomaniac, the object was that it should be shown to the police, for him to show that he was not paying me because he was concerned in any political business; because the Transvaal Government had no doubt whatever that it was very serious and were anxious to get at the people at the back of it. With
regard to the Odessa letter, I wrote it at Budapest and gave it to a friend, who made two typewritten copies of it. As he was going to Odessa he posted it there. I was going there, but had to turn back. I presume I had some letter paper that I used in writing letters from Antwerp. I sent it from Odessa because I thought Solly Joel would probably surround me with detectives, which I object to. I never dreamt of arrest. "I dare say you have not quite forgotten the writer of these lines and the unsettled account between us. I have purposely delayed the inevitable settlement until now because I intended such to be worthy of the issue between us"—that meant that I had made up my mind to ask him for a money settlement because I intended to settle all matters in Europe and settle down in America, and, before leaving. I intended to ask him to pay me as a matter due to himself. If he did not pay it was, of course, his business. It is very possible I used the same language as in the "Kismet" letters, but certainly not the same threats; there are no threats. "And somewhat different to what I propose doing now"—the difference was that I intended to be nasty, to sue him, and get into the position that we are in now, only that instead of being here I would be sitting there (pointing to the solicitors' table)—that I would demand satisfaction in Court. That is what I meant by "the inevitable settlement." "Unless you now come to a reasonable decision corresponding with your own best interests I must remind you to recall to your memory the character and grievances of the man addressing you." Although he had only seen me once, I wrote to him not as Mr. Solly Joel the private person—the only relation I ever had with him or claimed to have with him was as the chief of the house, who knew all about what had been passing. I did not know he had not got my letter from Lorenzo Marques. "You have every reason to know from the history of the past that he keeps his word under all circumstances regardless of consequences"—I am there speaking not of communications, but of my character; the character of the grievance of the man who was attempted to be shot in the office; the character of the man that afterwards stood and defied the Government to squeeze the names out of him referred to in any compromising letters that they could get hold of; also I may add that State's evidence was offered me very soon after the proceedings and I refused. (To the Judge.) I could not compromise Solomon Joel; it was not the person, but the house of Barnato Bros. At the whole trial it was notorious that the Public Prosecutor demanded constantly under threat the names of those persons who were backing me, and even told me that he would., appeal to the Judge to charge the Jury not to take my evidence into account if I did not give him the names. He was trying to make the trial useful to bring out other evidence to be used against other parties and that is what I refused. All the Transvaal knew I was a man of my word. (To Mr. Gill.) The decree was served on me of expulsion from the Transvaal—it was not for trying to extort money under threats of murder. I did not offer my services as a secret agent. After receiving the bomb in Delagoa Bay I did write a
letter to the effect that if they promised never to ask anything about the past, and they wanted my services, they could have them. I was approached about it. "Let me see whether you have learnt anything from the past or will again regret when too late"—I was there referring to what happened in the office in Johannesburg when people tried to kill me and, instead of being killed, by a miracle, I escaped. I do not pretend to give an explanation of Woolf Joel's conduct, but it was certainly a surprise to me, a tremendous treachery from my point of view. I presumed they regretted it. (To the Judge.) I am saying, "Do not now make a useless plot to assassinate or injure me as in Johannesburg"; that was my meaning. (To Mr. Gill.) I could not possibly have meant that I was demanding money under threat to murder as before, because that would be admitting that I was a murderer before. Would I have put myself in the power of my deadly enemy by writing him a threat and then going about Paris waiting to be arrested? I did not remember anything about the "Kismet" letters at the time. I had been trying to forget them for ten years. I have suffered for them and apologised for them, and I never had them in my mind one moment, but I had in my mind the terrible trial that I had to go through. "There will be no threats made"—you must remember the things that happened to me in Delagoa Bay, and I thought S. Joel was connected with them, and, therefore, would be nervous at receiving any communication from me. I wanted to make him quite certain that nothing was meant but pure business. I put, "No threats are meant," meaning, "No more letters will you receive if you do not pay me." I was anxious that he should not misunderstand me. (To the Judge.) I was anxious that he should not be afraid of me, not with regard to the "Kismet" letters, but from the past, because I thought his conscience was perhaps a little touched with regard to me and I have given him credit for having nothing to do with the ill-treatment I received in Delagoa Bay as well as at the trial. (To Mr. Gill.) "I only assure you that you will have a sure opportunity to tell me personally the reason why you refuse"—that is intended to say, "I will see you, but, on the other hand, I will make you know the truth that you ought to pay me"—because, though I offered him confidential information, the only account I could offer him, he has never accepted it and still made it his excuse that he does not owe me anything; therefore I meant, "This means you shall at least know the truth—I will prove it in open Court to you." I intended to go to St. Petersburg, and I sent the other letter by the same friend to be posted from there; I decline to give his name. They were copies; I sent two so as to make sure one should reach him. "The gentleman who will call on you has no inward knowledge of the issue between us, but considers the whole matter an everyday business one, so you need not fear any threat now. Now, act as you think proper, but, remember, your decision is final"—that meant that I was not going to bother more except to sue him in future, if I bothered him at all. I could not mean anything else except murder,
and you do not think I should be such a fool as to send a threat of murder to that gentleman after I had nearly lost everything by foolery and had been charged with it. I had learnt that S. Joel had a place at Newmarket, but did not know that he would be there at the beginning of July. I had been at Antwerp in June and was there up to the middle of August. I gave Bu Millar the bill at the end of July; when I left Antwerp he did not know where I had gone. If he got the money he would keep it till I arrived; I had every trust in him as a respectable man. I told him if Joel wanted to know how the amount was made up to leave it to him to pay what he thought right and it would be referred back. I had left my luggage, etc., in Antwerp and was coming back. Bu Millar is a big business men and the director of a factory and he would put the money in the bank. At that time I did not want the money; I had received 16, 000 marks shortly before and could have got more. In September I was not in Italy, but in Switzerland.
Re-examined. Bu Millar is a highly respectable and substantial man; I had no hesitation in trusting him with £16, 000. I had instructions from Barnato to communicate with the office if necessary, but to avoid it as much as possible. I may have heard that the address was Austin Friars afterwards. When Barnato left for England he asked me if I had sufficient money until his nephew came out, which would be shortly. I said, "Yes, I can manage, but anyhow I want to get to Cape Town first, and that will take me a fortnight or three weeks." It was understood there might be large payments needed, perhaps £100, 000 to be put to the credit of some-one, not of me necessarily, for some of the great Boers, but that arrangement was to come through Mr. Woolf Joel, as to how the sums were to be transferred, not only from Barnato's, but from another house which would take part in the expenses. I had to find out the most feasible route to enter the country from the borders. The nearest straight road from Bechuanaland was only 18 miles. The great thing to do at the time of the Raid, in my opinion, was, not to increase the solidity of the Boers by putting the Uitlanders against them, but by fostering jealousies among the Boers to bring about a split in their party. At the time I wrote the "Kismet" letters I was residing at, Mrs. Gray's, where the young lady I have mentioned was staying with her parents. I was sounding Johannesburg. I may as well give a name or two. If Mr. Joel will go and ask Mr. Fitzpatrick, of the firm of Eckstein, Wernher, Beit, and Co., and Mr. Ned Farren he will find that those gentlemen knew me slightly. A month or six weeks before this sad thing happened to Mr. Woolf Joel I was telling them that some work was going on to rectify matters from the Uitlander point of view. I was examining the public buildings of Johannesburg, taking plans of Kruger's house, and all the public buildings. Then I was waiting for Woolf Joel and also somebody else to come out to have an explanation for the future. The letter of March 10 was written before the interview with Woolf Joel. There was an advertisement, "Will you call at my
office at 11 to-morrow, Thursday, if you have anything reasonable to propose?" Then I wrote the letter of March 10 and saw him after that, he asked me to write a letter that he could show to the police. I wrote the letter of March 12: "Sir,—As you apparently have no inclination," etc.—that was to blind the police so that he could hand it to them and say that "Kismet" was finished. Then I wrote the letter of March 13, signed "Von Veltheim," saying I had posted that letter. On March 13 I wrote another letter signed "Kismet." I told Woolf Joel that the friend was in dire financial straits and to save him it was necessary for me to lend him this money. I do not exactly remember how it was I signed that "Kismet." Joel knew I had written for "Kismet" and that I wanted the £8, 000 for "Kismet." I wrote the letter demanding the £2, 500 to blind Strange. Mr. Woolf Joel said, "I do not want Strange to know too much. It is quite enough for him to know that there is some of this business going on, he need not know the sources." (To the Judge.) I delayed writing the Odessa letter because I thought that Solomon Joel's sorrow and unjust wrath might give place to more kind consideration of me and also that time might give him knowledge. Then I wanted to settle down for good, and, before leaving Europe, to get the thing settled. I had at that time some 25, 000 or 30, 000 marks in my bank. SOLOMON BARNATO JOEL, recalled. Mr. Barnato left Cape Town on July 15, 1896, and arrived in England on August 1. He went to Spencer House for a few days, to Scotland for about a fortnight, then returned to London and remained seeing to the building of his house in Park Lane until some time in November, running down to Brighton occasionally to see to a house he was building there. He was not contemplating returning to South Africa. I was going and he came to see me off at Southampton. He was very ill indeed, and my family, my brother and myself, advised him to take a trip to Madeira. He had only his hag with him, and, after a lot of persuasion, he decided to go to Madeira when we were on the ship. When we arrived at Madeira, in consequence of cables from London, he determined to go out to South Africa with me, and cabled for his valet to come out with his clothes, as he had no luggage with him except his little bag When we arrived at the Cape he went straight up with me to Johannes burg and stayed there until the end of April, 1897. (To the Judge.) I was arrested as at member of the Reform Committee the year before, in 1896. (To Mr. Gill.) He remained in Johannesburg till the end of April, 1897. He was at that time in bad health and went to Cape Town. I received, on May 13, a telegram from Mrs. Barnato saying that he was very ill I immediately left and joined him at "Sea Point Hotel," Cape Town. He was very ill indeed; after that I never left him, and slept in his bedroom. We returned to England together in the "Scot" on June 2, 1897. He saw no one from May 25 except a doctor. He was too ill to walk about Cape Town and did not do so; he was absolutely under my charge. On the voyage home he died at sea. Woolf Joel came out to South Africa only in consequence of Mr. Barnato's death and in consequence of my break-down.
During my uncle's lifetime he was never at Austin Friars; we took possession of the offices there on June 25, 1897, after his death.
Cross-examined. My uncle never came to South Africa without visiting Mr. Kruger. He was not a member of the Reform Committee; he knew nothing of it. I was a member. No other member of my firm was; and none of the directors of my firm; some co-directors of various companies in which my firm was interested very likely may have been. I did not identify myself with the Uitlanders' interest, in fact, I joined after the Raid; after Jameson had crossed the border. The President was always very friendly with Barnato; Barnato made him a presentation.
(Wednesday, February 12.)
Detective-inspector Pentin, City Police, read to the Court a long statement of prisoner's career, gathered from the police of various lands. This statement prisoner described as a tissue of lies.
Sentence, Twenty years' penal servitude.
BEFORE THE RECORDER.
(Saturday, February 8.)
Mr.J.P. Grain prosecuted. Mr. C. F. Gill, K. C., and Mr. A. H. Bodkin appeared for Humieres, Mr. J. R. Randolph for O'sullivan. Humieres (who had been liberated on £10 bail) did not surrender, and his recognisances were estreated. He was stated to be living abroad. O'sullivan surrendered.
Mr. Grain stated it was a peculiar case, and, having consulted the senior official of the Court, he proposed that O'sullivan should be let out on the same bail till next Sessions, and should Humieres not surrender he should not offer any evidence against O'sullivan. O'sullivan was released on his own recognisances in £10 to come up when called upon.
BEFORE THE RECORDER.
(Tuesday, February 4.)
Mr. Allan Ramsay prosecuted.
Canning Town Station down the Barking Road for a considerable distance, the prisoner on the same side and two others on the other side of the road. Just past the "Trossachs Tavern" prisoner came up and said to prosecutor in German, "What do you mean, you are going to sleep with my wife?" Prisoner then pushed prosecutor against the railings and put his hands in his jacket pocket, while the other two men rushed across the road and held prosecutor by the back of the neck. I ran into the road and screamed for the constable. A policeman came up and took the prisoner; the other two men ran away.
Cross-examined. I have known prosecutor about five weeks, since he came home from his last voyage.
EUGEN FRANK , ship's fireman. On January 8 I was walking with the last witness from the East India Dock Road, Canning Town, to her house, when prisoner stopped me and asked, "What do you do with my wife?" He spoke first in English and then in German. I could not understand, and said, "I do not know." Two other men. who were hidden somewhere, got hold of my back. The prisoner and one of the others held me, while the third placed his hands in my pockets. I struggled, the policeman came along and prisoner was taken into custody. I had never seen prisoner before.
Cross-examined. I had not known the woman before that evening—it was the day that I arrived in London. The other two men rifled my pockets. If I said before the magistrate that the prisoner put his hands in my pockets it was a mistake.
Police-constable EDWARD S. CHOPPIN, 863 K. On January 8 I was on duty in Barking Road when I heard shouts of "police, help," and at once went in the direction of the cry. I saw three men, and the last two witnesses. The three men scattered in different directions. I stopped the prisoner. Prosecutor and MacGilloway stated that the three men had pinned the prosecutor against the railings, the two others holding him while prisoner had put both hands in his pocket and wrenched a basket which prosecutor was carrying from his arm I took prisoner to the station; he made no reply to the charge. He was searched, and a medal was found upon him, of which the owner has been found.
Cross-examined. The prosecutor and the woman were excited.
THOMAS KING (prisoner, not on oath). As I was going home I heard a commotion, and a woman screaming. The woman pointed me out as the man who attempted to rob the prosecutor. I was taken to the station and charged. I know nothing whatever about it.
Verdict, Not guilty.
ROBERT LEGGETT , labourer. Medal produced is mine. It bears the date, "1895, North-West Frontier," and was given me for service in India. There was attached to it a bar for the Punjaub Frontier, 1897-8. On January 5 I was accosted in Wellington Street, Wool-wich,
by a man and a woman. The man asked me to go home with the woman, which I refused. The man then struck me and snatched this medal and also a watch which I was wearing, and ran off. The woman had gone away before. I do not recognise the prisoner. The road was fairly lighted, but was dark in places.
Cross-examined. I cannot say whether I have seen prisoner before.
Police-constable EDWARD CHOPPIN, 863 K. I arrested prisoner, as stated in the last case, and searched him. I found on him the medal produced and asked him where he got it from. He said, "That is nothing to do with you; that is my business." Prisoner gave no explanation as to how it came into his possession. The Criminal Investigation Department made inquiries and found it belonged to the prosecutor.
Cross-examined. Prisoner did not say he had bought the medal. He said, "That is my property."
Prisoner (not on oath) stated that he had at once said he had bought the medal. He had frequently bought soldiers' medals in a public-house and that he bought this one from a person who was a retired soldier, giving 2s. for it.
Prisoner admitted having been convicted at Clerkenwell on May 5, 1903, when he received nine months' hard labour for assault with intent to rob. Other convictions were proved.
Sentence, 18 months' hard labour, the Recorder stating that if prisoner came before the Court again he would certainly be sent to penal servitude.
DESMOND, Albert (31, seaman), pleaded guilty of attempting to obtain by false pretences from Mark Moses the sum of £15 with intent to defraud; obtaining from Samuel Rubenstein one pair of boots and the sum of £1, and from Max Weiss the sum of 15s., in each case with intent to defraud; assaulting Mark Moses and occasioning him actual bodily harm; assaulting Alexander Taylor, a Metropolitan police constable, in the execution of his duty.
Prisoner admitted having been convicted at Clerkenwell on April 23. 1907, in the name of Charles Dumont, receiving six months' hard labour for obtaining money by false pretences. Three other similar convictions were proved.
Sentence, Three years' penal servitude and recommended for deportation.
BEFORE MR. JUSTICE PHILLIMORE.
(Wednesday, February 5.)
The prosecution offered no evidence and the Jury returned a formal verdict of Not guilty.
BEFORE THE RECORDER.
(Wednesday, February 5.)
PEARMAN, Thomas (28, dealer), pleaded guilty of stealing two mares, one set of harness and other articles, the goods of William Boyne Hector and feloniously receiving same; stealing one mare, one set of harness and one wagonette, the goods of Henry Stevens and feloniously receiving same; and also to having been convicted on April 12, 1904, at North London, receiving four years' penal servitude; he had also received 18 months' and 12 months' hard labour. It was stated that prisoner had been endeavouring to get an honest living since coming out of penal servitude. and that he had been led astray by another man.
Sentence, Twelve months' hard labour.
Mr. Grantham prosecuted.
Previous convictions: Stevens, September 10, 1903, five years' penal servitude for house breaking; Cooper, August 1, 1899, North London, 12 months' for burglary; July 23, 1900, 21 months for house breaking; February 10, 1902, 18 months for office breaking; October 21, 1903, 15 months for house breaking; January 9, 1905, 12 months, house breaking; Chelmsford, 12 months in 1906; in 1907, six months for house breaking.
Sentence (both), Twelve months' hard labour.
Mr. Salkeld Green prosecuted.
SOLOMON HANDS , 24, Percy Street, Leytonstone. On January 3 I left home between 10 and 11 a. m., locked the door, and returned between 12 and one p.m., when Mrs. Cancel, who lives next door, made a statement to me. I missed my watch from my bedroom.
ISABEL CANCEL , 26, Percy Street, Leytonstone, wife of George Cancel, carman. On January 3 I saw prisoner at about half-past 10 enter the front gate of No. 24. After 10 minutes he came out of the front door and closed it behind him. I asked him what he had been in there for. He asked what had that to do with me. I said Mrs. Hands did not have anybody there at half-past 10 in the morning. He made no reply and ran away up Norman Road. I followed him for half a mile and communicated with the police. A fortnight after wards, when with Mrs. Hands in the High Road, Leytonstone, I again saw prisoner and pointed him out to Mrs. Hands. Prisoner was afterwards put up for identification and I picked him out without difficulty from 12 other men. I am quite sure he is the man.
Detective HY. EDWARDS, J Division. I was present when the last witness identified prisoner. He said, "I was indoors all day, I can bring two witnesses to prove it." When the charge was read to him he said, "I do not know anything about it. I was indoors. I did not get up till 10 o'clock." When the prisoner was arrested two keys produced were found upon him—one a skeleton key.
Prisoner's statement: I am not guilty of the charge.
Prisoner (not on oath). I have never done it. I am innocent of it
Verdict, Not guilty.
BEFORE THE RECORDER.
(Thursday, February 6.)
Mr. G.W.H. Jones prosecuted.
Detective-sergeant HENRY EDWARDS, J Division. On January 8, shortly after five p.m., I saw prisoner standing against the jeweller's shop window, No. 404, High Road, Leytonstone. He appeared to be doing something to the window with a tool he held in his right hand. I was in plain clothes. I watched him for about 10 or 11 minutes. When persons passed he moved away from the window. He had made two holes in the window and started on the third, when I came upon him from the back. He then ran away; I saw him throw something into the forecourt of Lattison's Club, a few doors away. I arrested him. He said, "Take me, I have no tools on me." I took him back to the shop, saw Wm. Waite, the occupier, and took prisoner to the station, where he was detained. I returned to the club and found in the forecourt small screw-driver produced. Waite's window is of plate-glass, about 10 ft. 6 in. by 5 ft. I found three holes bored through the frame into the glass at the corner and two cracks of 6 in. and 12 in. in length; another crack extended about 20 in. from the centre of the pane. Opposite that part of the window were trays containing gold keeper and other rings and other valuable jewellery. On being charged prisoner said, "very good."
Cross-examined. Prisoner ran away from the window.
Prisoner. I admit it is my tool. I threw it into the garden when I saw the detective. It is quite right what he says I was doing, and when I came away from the window I knew the detective. I walked to the detective, and told him to take me.
Edwards brought the prisoner in, when I examined the window and found it was cracked, and there were marks in the frame where some instrument had been used to break it. There was a tray of 22 carat rings opposite the crack. The shop was quite empty when I heard the noise. I close the shop window at night with a shutter.
Statement of Prisoner: About eight weeks ago I came out of Wandsworth Prison. Not being able to find any work I thought I would break this window, and stop there until I saw the detective come by. I was waiting about 10 minutes and I saw this detective come down the turning opposite. I walked over to this turning and saw him standing on the kerb. I went along the street again, crossed the road and round to the window again. I saw the detective come up to the turning, turn to the left, and stand under a window blind. I went up to another corner where there is a wide opening, and came back to this turning again. I walked to the window again, and the screw-driver which I had I threw between the railings. I walked into the detective's arms. He said, "What have you got?" I said, "I have nothing."
CHARLES CALLAGER (prisoner, not on oath). My account of doing that is being out of work and having nowhere to go to; I thought I would break this window so as to get in here for a short time—so as to get locked up so that a missionary might find me a job. I have no witnesses to call.
Verdict, Guilty. Several other convictions were proved.
Sentence, 12 months' hard labour.
BEFORE THE RECORDER.
(Tuesday, February 4.)
Sentence, Six months' hard labour, with a recommendation for deportation to Germany at conclusion.