1908, MARCH (1).
Vol. CXLVIII.] Part 881.
CENTRAL CRIMINAL COURT
HELD MARCH 3RD, 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, March 3rd, 1908, and following days.
Before the Right Hon. Sir JOHN CHARLES BELL , Knight, Alderman,LORD MAYOR of the City of London; the Hon. Sir THOMAS TOWNSEND BUCKNILL, one of the Justices of His Majesty's High Court; Sir A. J. NEWTON, Bart., Sir W. VAUGHAN MORGAN , Bart., Sir WM. TRELOAR, Bart., Sir T. VESEY STRONG, W. GUTHRIE, Esq., and C. JOHNSTON, Esq., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FREDERICK ALBERT BOSANQUET , K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH , K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CHARLES CHEERS WAKEFIELD, Esq.
CENTRAL CRIMINAL COURT
BELL, MAYOR. FIFTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, March 3.)
POLICE EVIDENCE—PRESENTMENT BY THE GRAND JURY.
The Grand Jury, at the conclusion of their labours, handed to the Recorder a statement in which they expressed their "high appreciation of the fair and impartial way in which the police officers, from inspectors to constables, have given their evidence before us."
ROSE, Annie, who pleaded guilty of larceny and embezzlement at the February Sessions, came up for sentence. She was engaged as a barmaid, and, being suspected of theft, was watched and seen to conceal some marked money in her bodice. Sergeant Clarke, of, the Margate Police, gave evidence of previous convictions and stated that her method was to pass stolen money to a confederate in the bar Sentence, 18 months' hard labour>.
BECKWITH, William (17, groom), and MACDONALD, James (18, van guard), who pleaded guilty at the February Sessions of larceny of a post letter from a post office and receiving stolen goods, respited, were again before the Court. The method adopted by prisoners was that known as "fishing." On Mrs. Scott France, the wife of the Court missionary, stating that a home had been found for Beckwith, the Recorder bound him over in the sum of £5 to come up for judgment if called upon. Mr. Thomas Macdonald consented to being bound over for the good behaviour of his son, James, and the latter prisoner was set at liberty.
JARVIS, Basil Reginald (21, artist), pleaded guilty of forging and uttering a request and authority for the payment of money—to wit, a notice for the withdrawal of £25 from the Post Office Savings Bank, with intent to defraud, and of forging and uttering a receipt for the said sum of £25, with intent to defraud. Prisoner lodged at the house of a Mrs. Brooker in Clapham and abstracted the bank book from a chest of drawers in his room. He was detected through having endorsed one of the notes with his own name and address. Sentence, 15 months' hard labour.
JARROLD. Ernest Edward (29, boot repairer), pleaded guilty of stealing a post letter containing two postal orders, value 1s. 6d. and 4s. 6d. respectively, and three penny stamps, the property of the Postmaster-General, he being employed under the Post Office; and of stealing a post letter containing two postal orders, value 2s. and stealing a post letter containing the sum of 13s., the property of the Postmaster-General, he being employed under the Post Office.
Prisoner was employed as an auxiliary postman and was detected by means of test letters. Sentence, Nine months' hard labour.
ROSE, Thomas (45, shop assistant), pleaded guilty of stealing on February 10, 1908, one postal order for £1, the property of the Postmaster-General; stealing on February 11, 1908, one postal order for £1, the property of the Postmaster-General; and stealing on February 14, 1908, one postal order for £1, the property of the Postmaster-General.
Prisoner's method was to go into a post office, ask for a postal order for 20s., and when it had been handed over to him put down a farthing burnished to resemble a sovereign and 1 1/2 d. the cost of the order.
Sentence, Nine months' hard labour.
THOMAS, Frederick Laurence (24, postman), pleaded guilty of stealing a post letter containing the sum of 13s., the property of the Postmaster-General, he being employed under the Post Office. Prisoner was detected by means of a test letter.
Sentence, Nine months' hard labour.
TAYLOR, Josephine (20, servant), pleaded guilty of stealing one costume and other articles, the goods of Elizabeth Morgan; stealing one blouse and other articles, the goods of Nellie Jones; stealing one watch and certain money—to wit, the sum of £1 3s. 6d., the goods and moneys of Louie Easter.
These were cases of robberies from fellow-servants. The Rev. Mr. Elliott, assistant chaplain, Holloway Prison, having stated that one of the ladies who assist young girls who get into trouble had interested herself in the case, prisoner (on March 9) was released on her recognisances to come up for judgment if called on, she consenting to go into a home.
EDWARDS, Cadwallader (45, no occupation), pleaded guilty of feloniously personating F. Lort Phillips, with intent fraudulently to obtain certain money—to wit, £750 from Mark Wolfe; forging a promissory note for £1,000, with intent to defraud; forging and uttering a certain, request for the payment of money—to wit, a banker's cheque for £750, and thereby obtaining £750, the moneys of Mark Wolfe and another, with intent to defraud; feloniously personating John Frederick L. Phillips and thereby fraudulently obtaining from Louis Nathan Levine a banker's cheque for £1,000, with intent to defraud; forging the name of J. F. Lort Phillips to a promissory note for £1,200, with intent to defraud; also to a previous conviction for forgery in 1901, when he was sentenced to five years' penal servitude.
It appeared from the statement of counsel that prisoner was connected by family ties with Mr. Lort Phillips, who is a gentleman of position with an estate near Pembroke, having married Mr. Phillips's stepsister, by whom he was divorced some 15 years ago. The persons victimised were money lenders. Prisoner, it is said, had been frequently assisted by his friends.
Sentence, Five years' penal servitude.
LAURENCE, Alfred James (33, packer) ; breaking and entering the warehouse of Laurence Gunn Sloan and others and stealing there-in 880 fountain pens, their goods; feloniously receiving two fountain pens, well knowing them to have been stolen.
Mr. Jones Lewis prosecuted.
FREDERICK WARD , warehouseman to Messrs. L. and C. Hardtmuth, 12, Golden Lane, E.C. Mr. Laurence Gunn Sloan is a partner in the firm, Who are pen and pencil manufacturers. On January 31, at half-past six in the afternoon, I locked up the warehouse quite safely. The pens were there at that time. I left the place quite empty and nobody should have been thereafter I went. I came again at half-past eight the next morning. I found the shop in disorder and the cupboards burst open, and the top floor window was open. We believe that entrance was effected from the next warehouse by means of the balcony. I missed a case of medals and the pens. The value of the stolen property was stated by a witness at the police court to be £1, 247.
CATHERINE SAGER . I live with my husband at 123, Unwin Road, Newington Butts. On November 17 prisoner rented a bedroom in my house and continued to occupy it until February 6. He and another man went into that room on February 6, and after they had gone I found the pen produced on the stairs. Prisoner was at work up till Christmas, and, as far as I know, was a respectable man up to that time. After February 6 he never returned. He left without notice. Next time I saw him was at the Guildhall. He only owed one week's rent—4s.
To Prisoner. During the time you occupied the room I saw nothing suspicious. I knew you were at work until Christmas. After that I knew you had some letters relating to employment. You had had no correspondence before that. You were not living extravagantly and did not seem like a man engaged in big robberies. I never saw any housebreaking implements of any kind.
To the Judge. Prisoner told me he had been employed at Stone's, of Deptford, an engineering firm.
To Prisoner. You told me you had got work near Blackfriars and had moved your lodging in order to be near your work. When the police came I handed them the pen and they searched the room. On the night when this burglary was committed your bed appeared to have been slept in.
ALFRED WILLIAM MANLEY , costermonger, Hoxton. I stand with my barrow outside the "Royal Oak," Pitfield Street. On Monday, February 3, prisoner came up to me and asked me if I knew where Harris, the shoeblack, was, and I replied I had not seen him. He
then asked me where he lived, and I told him in Essex Street, but I did not know the number. Later in the day he came back with Harris. I heard them talking and I saw some fountain pens. On a subsequent occasion I heard prisoner ask Harris if he could dispose of some nibs. Harris asked me in prisoner's presence if I could leave my barrow for an hour or an hour and a half and it would be to my benefit from 10s. to £1. I refused to have anything to do with it. He wanted me to go in order to help to get rid of some of these said nibs. Prisoner was an entire stranger to me.
To Prisoner. It is not a fact that I spoke to you first, and, seeing you looking inside the "Royal Oak," asked you whom you were looking for and that you said you had an appointment with Harris. I saw you show the pen to Harris after you returned with him. It is not true that Harris produced the pen from his pocket and showed it to you. It is not true that Harris produced the nibs to you and said that he had got them for sale for another man. I know that Harris was in the first instance charged with stealing this property. I have not concocted this story with Harris. I am speaking the truth. I received a silver pen from Harris to dispose of, and I took it home and asked my missus if she would pawn it, but she refused to have anything to do with it.
CHARLES HARRIS , shoeblack, 33, Essex Street, Kingsland Road. I stand outside the "Royal Oak" and have cleaned prisoner's boots lots of times. On Monday, February 3, prisoner came to me and said he had a job for me. He showed me a gold pen, which he said had belonged to his father and asked me if I could sell it and I said I would try. I did not ask him why he did not sell it himself. I took the pen to Mr. Williams, jeweller, in Pitfield Street, but he would not buy it of me as I was not the owner, and I came back to fetch prisoner. Mr. Williams bought it and prisoner gave him a receipt for 7s. 6d. I was arrested on this charge on the Thursday and remanded on bail, but the charge was not proceeded with. This is the only pen I had. I saw nothing of any silver pen. At five o'clock in the evening of the same day prisoner came to me again and brought some gold pen nibs that had been used and wanted me to sell them. He said they were 14-carat gold. He said he had bought them of a dealer. I should think there were over 100. I took them down to some gold refiners in the Barbican and prisoner stood three or four doors off. They valued them at £6 15s., but would not buy them unless I had a license or dealer's card. I brought the nibs away and gave them to the prisoner. On February 8 I was with two constables in Newington Butts, when prisoner was coming out of a public-house. He was pointed out to the constables and arrested. I have known prisoner some years.
(Wednesday, March 4.)
To Prisoner. No stolen property was found on me when I was arrested. It never occurred to me that I could get out of this trouble by putting all the blame on you. I know two or three men named Martin. I know George Martin, but I do not know anybody named
Hamilton. I asked Manby for you to go with me to sell some nibs. I told him there was half a sovereign or a sovereign to be made out of them and you would give it me. I took a gold pen to Williams. A silver pen, which a previous witness said he gave to me to sell was given to me to give to a coster to pawn, and the coster would not pawn it. I forgot this matter till now. Perhaps the other witness forgot it. I did not hear his evidence. I saw you with a black pen. There was another gold pen which I gave you back. I was charged with stealing a pen that had been stolen; that is the one Williams has got. On the Monday afternoon I took some nibs to Bryan's. I said they belonged to me; they asked me my name and address and I gave it. They then said they would not buy from me as I had no jeweller's or dealer's license. I did not tell them how I got them. They weighed them and said they weighed 6 oz. odd and came to £6 15s. You sold those nibs next day. I met you; there was another man with me. I said, "He will sell them for you if he can without a license." I have never mentioned this to the police. The man said, "Come down Brick Lane and I will do them in for you." I have not tried to keep this man in the dark. We went down to Brick Lane together, but I did not give this man a single nib; you gave it to him yourself. He went into the shop alone. I did not give him a parcel of nibs to take back when he came out. He said to you, "He will buy them, but he will not give more than £4." All the way from the "Royal Oak" to this shop I walked in front of you and you were talking to him. You went into the shop with him; I was on the other side. I did not say to you, "Now go over with him and give a receipt for those nibs the same as you did for the pen to Williams." You did not give me the £4: it was 2s. 6d. You gave the other man, I believe, 2s., so he said. I have told the police where that man lives and everything else. I daresay he can be found. I did not take a pen out of my pocket and say, "Will you take this gold pen and see if you can find a customer for it?" I never gave you the pens at all and never saw one until you gave me one on Monday. I did not press you to take that black pen. I said yesterday I had known you for years. I have only seen you at intervals of some months. You told me the gold pen you got from your father and that you made the nibs; that you were a dealer in them. I know nothing about the first gold pen that was produced at the police court.
GEORGE PERCIVAL WILLIAMSON , retail jeweller, 24, Pitfield Street, Hoxton. On February 3 Harris came into my shop with a fountain pen (produced). I had a talk with him and he went away. The prisoner sold me the pen; he asked me if it was gold; I gave him 7s. 6d. for it. He gave me his name and address on a piece of a paper. I asked him where he got the pen from, and he said he had had some things left him and this was amongst them; he had been out of work. I next saw prisoner at Moor Lane Police Station.
Cross-examined by prisoner. Harris introduced you to me as the man the pen belonged to. It is not the fact that the business was arranged between Harris and me before you came into the shop. I
told Harris I wanted to know more about it before I bought it. He said, "It does not belong to me; I will fetch the man it belongs to." I did not agree the price with Harris. I had never seen a pen like that before and hardly knew what to offer. I have known Harris about 12 years. I doubt if I should have bought that pen if Harris had not been there. I asked you both if it was straight business, and you said, "Yes." I did not say to Harris when you came in, "Is this the man that will give the receipt?" I bought the pen off you and handed you that piece of paper, and you wrote the name and address down yourself. When I saw it was the proceeds of the robbery I gave information to the police.
ALEXANDER SHROUD , of H. Shroud and Sons, 182, Brick Lane, E., jewellers. On February 4 last prisoner came into my shop; he was a stranger to me; he produced a gold fountain pen and asked me what it was worth. I looked at it and said it was worth 4d. He then explained to me he had about 100 of them to sell—would I buy them? I said I should like to look at them, and he produced a parcel from his pocket containing broken nibs—all damaged. He said he knew they were 14-carat gold. He explained to me that he was a penmaker and that he got the pens from the firm to replace new nibs in them. I asked him if he had a business card, and he said he worked privately; that it took him a considerable time to collect the nibs. He asked £4 10s. for them; I offered him £3 10s.; he refused that and went away. He came again a few moments afterwards and said he would take £4 and no less. I gave him £4 and he gave me a receipt (produced). He signed in the name of J. Simpson, 17, Willow Street, Finsbury. The nibs weighed 2 oz. He knew that himself, because he said they were worth 45s. an ounce; that is the value of 14-carat. Inspector Lyon called on me and asked for the nibs, but as my jeweller wanted some gold he had melted them down. I took him to my jeweller, as I had sold him the nibs for £4 4s. I next saw prisoner on the following Monday morning at Moor Lane Police Station.
Cross-examined by prisoner. You were a stranger to me. It is not a fact that another man came in with a single nib. You are the man I had the transaction with. I have seen no other man. Harris has never been in my shop. If there was another man in the shop I did not see him. It is not true that you were only called in when everything was arranged to draw the receipt. There were not 3 1/2 oz. of nibs.
JAMES EDWARD NICHOLLS , clerk to the prosecutors, Harrow Cottage, Sidney Road, New Southgate. The pen produced is identical with 3 one of three pens taken from a desk in the office. Its value is 63s.; the nib is 14-carat gold. The second pen is identical with 39 missing from the filled stock kept on the ground floor. Its value is 21s. I
can say nothing about the silver pen. There may have been a silver pen among them; there were 880 missing in all, value £1, 247 7s. 6d.; since recovered, £279 worth; they were already packed up to be taken away.
Detective EDWARD MARRIOTT, City. On February 8 last I saw prisoner at a public-house in Newington Butts. I told him I should arrest him for breaking and entering a warehouse in Golden Lane and stealing a very large quantity of fountain pens. He said, "You have made a mistake." I then brought him to the City, where he was charged. He said, "I did no breaking and entering." On the 10th he was brought before the magistrate, and, in reply to the clerk, said, "I did no breaking and entering," but he admitted that he had had dealings with the property through a third person.
Cross-examined by prisoner. You gave me no information whatever when taken in charge. We asked for no information. I made no notes at all. I asked where you lived, your name and address, and found them correct. I did not ask what you had been doing recently. I have the letter you wrote to me mentioning places where you had been at work. I have been to those places. You were working at Jones and Higgins's from January 5 to January 12, inclusive and went there with a good character. There is no contradiction of the story you told. You never mentioned the name of Harris.
Detective-inspector ROBERT LYON, City Police. The pen produced was handed to me by Mr. Williamson, and the receipt at well. Two receipts were handed to me. I was not called before the magistrate.
Cross-examined by prisoner. I did not show you a second gold pen; I have never handled but one. I arrested Harris; he had none of this stolen property on him; he was not found dealing with any. You wrote from Brixton Prison asking me to produce a witness for you. I sent an officer, but the gentleman declined to come forward. Harris had not acknowledged that he went alone to Bryan's. We did not know that till it came out at the police court. Mr. Bryan told me he did not know you and had not been connected in any way with you. I am not in a position to compel that gentleman to be here. I made inquiries about the two addresses on the receipts, which were found to be false.
Prisoner declined to go into the witness-box, but addressed the jury at great length.
Verdict, Guilty; Sentence, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, March 3.)
GODSELL, Thomas (60, blacksmith), pleaded guilty of uttering counterfeit coin, well knowing the same to be counterfeit; also to having been convicted of felonious possession of a mould. Previous convictions dating back to January 31, 1881, of 18 months, five years, six years, six months, and six years, for coinage offences were proved.
Sentence, Seven years' penal servitude.
HARDING, Albert (26, labourer), SULLIVAN, James (20, labourer) ; both feloniously making counterfeit coin; feloniously possessing three moulds for making counterfeit coin; unlawfully possessing counterfeit coin, well knowing the same to be counterfeit, with intent to utter same.
Harding pleaded guilty.
Mr. Beaumont Morice prosecuted.
Detective SAMUEL LEE, H Division. On February 1, at 8.30 p.m., with other officers, I entered 44, Condon Street, Limehouse, by the front door, which was open. In the back room upstairs I found Harding seated on a chair in front of the fire filling a mould by means of a ladle (produced). Sullivan was standing by his side examining a coin, which he had in his hand. On our entering Harding put the ladle on the fire and placed the mould on a chair, on which was another mould containing a counterfeit florin. I said to Harding, "Have you any counterfeit coin on you?" He said, "No." On searching him I found four counterfeit half-crowns, dated 1896 and five counterfeit florins dated 1901. The mould he was in the act of filling contained half a florin, he not having poured in quite enough metal to make a complete coin. On the mantelpiece I found a quantity of metal. Harding then said, "That is all I have got, and this is the first time I have done it." In the front bedroom I found a quantity of plaster of Paris, and, concealed under the washstand, another mould for making florins dated 1901. The prisoners were taken to the station, formally charged, and made no reply. I took the ladle off the fire; it contained molten metal.
Cross-examined. Sullivan was examining a coin when I came up. Harding's wife is Sullivan's sister. I could not say how long he had been in the house. The door was opened by people downstairs, who were going out.
Detective-sergeant BENJAMIN LEESON, H Division. I entered the house with the last witness. Sullivan was standing at the side of Harding, who was seated on a chair in front of the fire. Sullivan was in the act of examining a coin, which was taken from him by another officer. I arrested Sullivan after these things were found. He said, "I have come here for something. I knew he would keep on till he got caught. It is the first time that I have had anything to do with the making of them." I took him to the station; he made no answer to the charge.
Detective ALFRED PYE, H Division. I went upstairs with the last two witnesses. Sullivan stood by the side of Harding, holding something in his hand. I searched him and found the bad florin produced in his right-hand waistcoat pocket. He said, "That is all I have got on me."
Cross-examined. I did not take that coin off the table; I took it out of Sullivan's pocket. (To the Judge.) I was watching outside for some considerable time. Sullivan did not go in during the last two or three minutes I am positive he did not go in during the hour before we entered.
SIDNEY PHILLIPS , carman, 44, Condor Street, Limehouse. Harding and his wife occupied three rooms in my house since October last up to the date of the arrest. Sullivan has come to see them nearly every day.
WILLIAM JOHN WEBSTER , Expert in Coins, H. M. Mint. I have received two single moulds for florins, both dated 1907, one containing a florin partially made, owing to there not being sufficient metal poured into the mould; in the other mould there is a complete coin. It is very badly cast and in a very blurred condition. The third is a florin mould dated 1901. The five bad florins produced are made from it. The five half-crowns are counterfeit. The coin found on Sullivan is counterfeit and is made from the 1907 mould. Among other things is plaster of Paris in powder, from which the moulds are made, molten metal from the ladle, and a number of pieces of metal, consisting of antimony, tin, and a small percentage of copper, mixed all ready for making the coin. There it a file marked with metal and a knife for mixing up the plaster.
JAMES SULLIVAN (prisoner, not on oath) stated that he had gone home from his work and had then gone to his sister's (Harding's wife) for tea; that as soon as he saw what Harding was doing he went downstairs to go away, and that a girl had asked him to ask Mrs. Harding if she would buy a washing dish, and that as he went upstairs the officers followed him into the room.
Verdict, Not guilty.
Harding had been twice summarily convicted of larceny. It was stated that during the past three years he had been spending money freely and doing little work and was associated with notorious. East-End coiners.
Sentence, Five years' penal servitude.
WOOLLEY, Richard (26, house decorator), GIGG, Thomas Albert (19, newsvendor), pleaded guilty of burglary in the dwelling-house of James Joyce and stealing therein a quantity of cooked turkey, the goods of the said James Joyce; breaking and entering a certain office and stealing therein 10 keys, one ivory rule, one diary, and other articles, and 9 1/2 d. in money, the goods and moneys of Alfred Griffin; breaking and entering an office in the occupation of the London Philanthropic Society and stealing therein one brass compass and other articles, the goods of Archibald Voules.
Woolley admitted having been convicted at Clerkenwell on May 28, 1907, receiving nine months' hard labour for burglary. Gigg admitted having been convicted at the Guildhall, receiving four months for breaking a window and stealing jewellery. Two other convictions were proved.
Sentence: Woolley, 15 months' hard labour; Gigg, 12 months' hard labour, with a recommendation that he be put under the Borstal system.
BEFORE MR. JUSTICE BUCKNILL.
(Wednesday, March 4.)
No evidence being offered by the prosecution, a formal verdict of Not guilty was returned.
Sir Charles Mathews and Mr. Bodkin prosecuted. Mr. R. F. Graham-Campbell defended.
Prisoner was tried last Session, when the Jury disagreed (page 564).
ELIZA CONSTANCE CRANFIELD , domestic servant, 119, High Street, Bexley. I am Edith's sister. She was about 26 years old and was also in service at Bexley. She had kept company with prisoner for 18 or 20 months. I identified her body. This letter (A), addressed to prisoner, dated January 13, 1908, is in her handwriting and is from Elmington, Bourne Road, Bexley: "My Own Darling Boy,—How are you by this time? I am still in the land of the living and amongst the sinners. I must say I quite enjoyed my walk on Sunday morning. It seemed quite a treat to be so fine, though I felt very miserable when I had to come in, although I did not want you to notice it to make you feel miserable too, for you seemed much happier and cheerful than you were the week before; but I expect it is all through me you are so wretched, but I do not think you can be more than I am, for my only fear is that I shall be noticed," etc. Signed, "I remain, ever your own little girl, Edith." I do not recognise the writing in the letter (C). I do not know prisoner's writing. The signature, "Edith Cranfield," is my sister's, but not the rest of the letter, "January 19, '08, 8.15 p.m.—Dear Mother,—Just a few lines to you asking you to forgive me for the wicked crime I am about to perform. After four or five months' worry Edith, the girl I love, have considered to die together. I feel sorry that I should bring this trouble upon you after having so much trouble this last few years," etc. Signed, "Jack Robinson" and "Edith Cranfield." Letter B contains a postscript in my sisters writing. The rest of the letter if not hers: "Plumstead Library, 8.30 p.m., Sunday, 19, 1, '08.—"Dear Con,—I am now writing these few lines to you on behalf of your dear sister, Edith. I am very sorry to cause you and yours this trouble, but after three months' consideration we have both decided to die together, and this will take place to-night," etc. Signed, "Jack Robinson."
ARTHUR HERBERT ROBINSON , 16, Pier Road, Erith, assistant to Lloyd and Son, ironmongers. I know prisoner as a customer. About eight p.m., on January 18 last, he came in and asked for a razor. I sold him one for 2s. 8d. I identified it at the last trial as the one he bought.
CHARLES TRUNDLE , Belvedere. On Sunday evening, January 19, about 8.15, I was on Bostal Heath and met prisoner with a young woman passing Wickham Lane, not far from the Public Library, plumstead. Prisoner and I said "Good night."
Police-constable EDGAR CATT, 660 R. At about 1.15 a.m., on January 20, I was on duty on Bostal Heath. Prisoner came to me and I noticed he was bleeding from the throat and wrist. He said, "I want you to take me in charge, constable, I have murdered my sweetheart." I said, "Are you really telling me the truth?" He said, "Yes, I have; that is a fact. She is on a seat this side of the bandstand." I stopped the bleeding and took him to Dr. Holmes, at "The Cottage," Bostal Heath, to whom in prisoner's presence I related our conversation. The doctor attended to his wounds. I searched him, and in his overcoat pocket I found this razor with fresh bloodstains on it. He handed me three letters. The grey one was open. The other two were in closed envelopes. I asked him for his name and address, which he gave me. At the doctor's suggestion I took him to the infirmary. Just before leaving he gave me the girl's name as "Edith Cranfield," of Elmington, Bourne Road, Bexley. Sergeant Shilliter then arrived. I told him what had taken place. 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." He was detained at the infirmary for some days.
JOHN ROBERT HOLMES , medical practitioner, "The Cottage," Bostal Heath. Police-constable Catt came to my house about 1.15 a.m. on January 20 with prisoner, who had a jagged, superficial wound on his throat about 2 in. long, cutting through no important vessels, as if the edge of the instrument had been blunted. He had a wound on his left wrist about 1 1/4 in. long. No important artery was cut. I dressed the wounds. He said the body would be found on a seat by the bandstand and that she was dead. I asked him why he did it. He said, "That is a matter best known to ourselves. She was quite willing. I cut her throat at 11.15 and I lay on the ground for an hour." Sergeant Shilliter came in, and with him I went to Bostal Heath, where, sitting on a seat near the bandstand, we found the body. I examined the body, which was cold, as I should expect after two hours. It was leaning on the left elbow, the head resting on the back of the seat and inclined to the left. The throat was cut 4 in. in length and 1 1/4 in. deep, right through to the vertebra, dividing the carotid artery. There were three nicks in the vertebra. The head was almost severed from the body. She would have died instantaneously. At her feet was a pool of blood, and by her side a piece of brown paper, in which, probably, the razor had been wrapped. At the back of the seat there was the impression of a man's boot on the ground, and I concluded that the person who committed the crime stood behind the woman. Considerable force had been used. The three nicks must have been the result of three separate cuts. On
January 21 I made a post-mortem examination of the body. She was about six months pregnant.
Cross-examined. I do not think the appearance of the ground was consistent with the assailant having stood in front. The wound on prisoner's throat was rather gaping considering its depth. It is more difficult to inflict a serious wound on oneself than on another. I only dressed his wounds temporarily and did not, therefore, make a complete examination. I knew the police-constable had already given first aid. A small branch of the radial artery might have been severed without my noticing it. I have a general acquaintance with the subject of insanity. It is very difficult to form a correct opinion in a matter of acquired insanity where there is no predisposition. There may be insanity which is not manifested by delusions, such as impulsive insanity, where a man acts on the impulse, the act not being premeditated, and to which the patient may be driven by a blind and ungovernable morbid influence. Dr. Blandford is a known authority on insanity. I am not prepared to differ from his statement, speaking of impulsive insanity, "There may be premeditation, but generally there is not," and "The will and the reason are overpowered for a longer or shorter time." Uncontrollable impulses are, for the most part, acts of suicide or homicide, and, there being no delusions, frequently no change would be detected in the individual. It is a fact that the impulse may be satisfied or exploded in the act, and, having thus found a vent may be felt no longer—at any rate, for a time. It may bring relief to the brain. I agree with Dr. Blandford when he says, "Moreover, the period just after the committal of an impulsive homicidal act will very probably be the one in which fewest symptoms of insanity will be noticeable," and "The period immediately preceding the committal of impulsive homicide will be that which will most closely demand scrutiny," etc. "Special attention must be paid to any indication of change of conduct or disposition, which is so indicative of mental disease. The first symptom usually noticed in a person becoming insane is an alteration in his emotional condition." It is very necessary, in the first place, to inquire into the family history of a person suspected of insanity. I know Dr Sibley as an authority on insanity and agree in what he says that, "The forms of insanity which seem to be most directly the result of hereditary influence make their appearance in those periods of life when either rapid structural development takes place or special functional activity." (Witness gave further technical evidence as to the symptoms and causes of insanity.) An insane person will often take the greatest dislike to a person he would otherwise be most fond of, and painful and emotional distress is often excited by the sight of a loved face. I do not agree with the theory that if a man makes no attempt to escape, but gives himself up and confesses to the crime, the presumption is in favour of insanity. The fact that a girl had become pregnant by a man would possibly cause him great depression, which might produce insanity.
Re-examined. I have not heard of impulsive insanity leading to an act of violence which had been under consideration for two months,
or which had been determined in a fortnight or three weeks before the act was committed. Exciting causes are only operative while the occasion of the excitement exists.
Sergeant FREDERICK SHILLITER, 31 R. At about one a.m., on January 20, I went to Dr. Holmes's, where I saw Police-constable Catt and prisoner. Catt said, "This man has asked me to take him into custody as he has murdered his sweetheart on a seat on Bostal Heath, near the bandstand, and has also cut his throat and wrist with a razor," which was produced. Prisoner made no reply then. As they were leaving for the infirmary prisoner stopped at the gate and said, "You know where to find her. She is on a seat near the bandstand. It was 11.15 when I did it." I found the body as prisoner had stated and these two newspaper cuttings.
Inspector ERNEST BACCHUS. On January 21 I went to the Plumstead Infirmary and saw the prisoner, who was then able to leave. I said, "I am now going to take you into custody for the wilful murder of Edith Cranfield." He said, "Yes, sir; I quite understand that." He was then formally charged at Woolwich Police Station. When the charge was read over to him he said, "Very good, sir," and afterwards added, "You know we made up our minds to do this a fortnight or three weeks ago." On January 28, when prisoner appeared on remand, he said, referring to the two newspaper cuttings, "The long one I sent to the girl myself. It is a cutting from the 'Daily Mirror.' " It referred to the joint suicide of Mr. and Mrs. Goode by drowning themselves in the Thames at Teddington.
Cross-examined. I have been in the R Division for 12 months. I have made inquiries with reference to prisoner and his father, who was once a constable in the R Division. He died in an asylum on February 22, 1899. He was admitted to an asylum twice in three years. I find the prisoner went into the Army when he was 15 1/2, and that he served in the South African War, obtaining the Queen's medal with three clasps and the King's with two. He then went to India and served for three years and 310 days, returning on January 2, 1906. He suffered from enteric fever. I have no reason to doubt it, and that he had malarial fever. He was transferred to the Army Reserve in August last with a certificate of conduct marked "Good." I know his mother is very ill and unable to attend. I know prisoner's eldest brother is mentally deficient.
Re-examined. There is no record of any delusions or mental deficiency of the prisoner in the whole course of his service in the Army. On his discharge he was employed as a tram conductor by the Erith Urban District Council from September, 1906, to January, 1907. There is no record of delusions or insanity during that service. He then worked as a labourer at the engineering works at Erith until Friday, January 17, 1908, earning 24s. or 25s. a week. No suggestion of delusion or insanity. He did not go to work on Saturday, January 18. Sergeant Hancock made inquiries of prisoner's mother.
Sergeant HENRY HANCOCK, R Division. I made inquiries of prisoner's mother in his hearing and that of the female members of the family and took a statement from her. She is too ill to go out. Her
husband died in an asylum in 1899. The family consists of five sons (four living) and one daughter. The eldest son was injured by an operation at his birth and has had three fits, the third leaving him paralysed. The others, as far as their minds are concerned, are all right. She said prisoner was the brightest of the family and always had been, but he had been very quiet since Christmas. On January 18 she said to her daughter, "If he does not alter he will go out of his mind."
Cross-examined. He has had a rather vacant look since Christmas. I said at the last trial he had seemed a bit funny or strange. I have seen a "bolting" in his eyes or a stare. He came home on Boxing Day about seven p.m. and went to bed without any apparent reason. Before Christmas he was very particular about his clothes and appearance, but since then he has become careless and has made strange remarks. He used to say of the clock (which he said his father said), "I will give you tick, tick, you old b——." He said he had sent things home from India which we had never got—a pig's head, for instance, and a six-guinea cape for mother. At one time he was a teetotaler and then took to drinking a little. He was a heavy smoker. We have had a good deal of trouble in our family the last year or so, and my sister has had a serious operation. One Saturday night, since Christmas, mother said, "If Jack does not leave the drink alone he will go out of his mind."
Re-examined. He had been drinking on the quiet, I fancy, since Christmas. He was depressed and went irregularly to his work. He never told me of the determination he had come to. There was nothing the matter with my sister Daisy's mind.
Rev. GEORGE ADOLPHUS SAMUEL ADAMS, Vicar of Erith. I have known prisoner for 13 years. He was in my Sunday School and Band of Hope. When he was 13 or 14 I thought him distinctly weak in mind. The most definite occasion was when he was employed as a messenger boy in a draper's shop. I was struck by a peculiar look he gave me when on a ladder at the window, and I went home and alluded to it, and said, "Fancy their taking crocky Arthur Robinson into their shop!" I remembered it when he returned to Erith from India. I cautioned him last year and said, "Be careful to leave drink alone. If you do not leave alcohol alone you will die in an asylum." He said, "I hope not, sir." I said, "Mark my words, you will," and I spoke of the insanity that showed itself in his father. What was in my mind then was what I had noticed when he was 13 or 14. He came to see me on his return from India and I had a general friendly talk with him. He was not drinking, so far as I knew, at the time. I advised him very strongly to keep thoroughly steady. I knew his father. His weakness was notorious. I saw prisoner on the night of January 17 waiting at a dinner given to
the old people of the parish. He hurried past me, and one thought that came to my mind was the condition of his eyes—gleaming and rolling.
Cross-examined. Prisoner's father was not a hard drinker until after the first frenzy of madness came on him, and he then had to be taken to an asylum. I believe prisoner was a teetotaler till October last. He was discharged from the Army in August, and was then engaged as a tram conductor. He had two or three suspensions; not in reference to his moral character, but he was volatile, careless, and talkative. He left the service about January last. He then went into hospital to have varicose veins treated to see if he could get into the City Police, and when he came out that idea had vanished. Then he worked as a labourer at the engineering works. I have not seen him much since Christmas.
Dr. JAMES SCOTT, medical officer, Brixton Prison. Prisoner was received at the prison on January 21 last and has been kept under close observation in the hospital ward. I have had many conversations with him and see no signs of insanity.
Cross-examined. Cases of insanity without delusions are reported in the text books. I have not met with many. They are reported in cases of impulsive insanity. He told me he had suffered from enteric fever. Sometimes insanity follows on some diseases of the intestines. If malarial fever were of long duration and produced great exhaustion it might increase a predisposition to insanity. He told me he had an attack of malaria in India. I am informed he was correct as to having had enteric. In cases of impulsive insanity a homicidal act is not infrequently followed by a period of calm. "General paralysis of the insane" is not so hereditary as other forms. All cases differ. The strain of a campaign in South Africa might affect some sensitive natures, but not many. Exposure to great heat, if prolonged and causing great exhaustion, might increase predisposition. A man taking largely to drink, after being a teetotaler, would be more susceptible. A girl becoming pregnant by him would cause mental depression in many cases. It is remotely possible that it would produce an attack of insanity where there was hereditary taint. Many nervous children show peculiarities at the time of adolescence. I agree with the passage read from Dr. Sibley.
Verdict, Guilty. Recommended to mercy on the ground that the jury thought that prisoner was largely controlled by the superior will of the deceased woman.
BEFORE THE RECORDER.
(Wednesday, March 4.)
Prisoner went through a form of marriage with Florence Campbell Guy 13 or 14 years ago, which afterwards proved a bogus marriage, but he was in fact married to her at Lambeth Registry Office on July 13, 1901. They did not live together very long, and on September 10 last prisoner married Ethel Jessie Smith at Christ Church, in Brondesbury, and within six weeks another woman of the name of Ethel Maud Knapp.
The Recorder said a more scandalous case was seldom brought before him.
Sentence, Five years' penal servitude.
BAKER, William (21, labourer), ROSCOE, Frank (19, seaman), SULLIVAN, John (39, cook), and GREEN, George (newsvendor), pleaded guilty of breaking and entering a certain shop in the occupation of the Crown Emporium Company, Cheapside, and stealing four watches.
Mr. Symmons prosecuted.
Police-constable ALFRED MOORE, 370 E, proved a conviction against Baker on May 20, 1901, at Clerkenwell Police Court, when he was sentenced to 16 months' hard labour for stealing a watch; August 23, 1903, 21 months for stealing trousers; February 8, 1904, 12 months' hard labour at Central Criminal Court, committing wilful damage.
Police-constable HENRY MCHENRY, 262 H, proved a conviction against Roscoe, when he was bound over at Old Street Police Court in February, 1906, for stealing money from a gas meter. There was proved against Green three convictions, and against Roscoe one conviction.
Detective THOMAS SMALL, H Division, proved against Sullivan a sentence of four years' penal servitude, with three years' supervision, on May 31, 1904, at North London Sessions; 21 days at Worship Street for stealing; 12 months at this Court on September 8, 1896, for burglary; as well as several other convictions.
Sentences: Sullivan, Three years' penal servitude; Baker, 15 months' hard labour; Roscoe and Green, Two years at Borstal Prison.
BLENKINS, George (38, compositor), and WOOD, George 24, printer), pleaded guilty of obtaining by false pretences from Frank George Brain, Frederick Thomas Cavie, Harry Tarrant, and Alfred Mankelow respectively, four postal orders of the value of 5s. each, with intent to defraud respectively; conspiring and agreeing together and in pursuance thereof, did unlawfully obtain from Frank George Brain, Frederick Thomas Cavie, Alfred Mankelow, and Harry Tarrant, and divers of His Majesty's liege subjects, divers postal orders of the value of 5s. respectively, with intent to defraud them of the same.
The postal orders had been obtained by means of an advertisement in a newspaper.
Sentence: Each, Six months' hard labour.
Sentence, Nine months' hard labour.
WRIGHT, George (40, no occupation), pleaded guilty of forging a certain order for the payment of money, to wit, a banker's cheque for the payment of £9 12s., and feloniously uttering the same well knowing it to be forged with, intent to defraud; obtaining by false pretences from Charles John Purslow the sum of £4 10s., his moneys, with intent to defraud; forging certain orders for the payment of money, to wit, banker's cheques for the payment of the several sums of £12 10s. and £12 15s., and feloniously uttering the same well knowing them to be forged, with intent to defraud; obtaining by false pretences from Richard James Atkins the sum of £3 16s., the moneys of the Referee Cycle Company, Limited, and from Herbert James Cathie the sum of £12 15s., his moneys, with intent to defraud.
Sentence was postponed till next Session, pending inquiries.
Sergeant WEST said that prisoner's father was an ex-convict, and had been convicted here for three terms of penal servitude. Prisoner some years ago was employed by coal contractors of Rye Lane, Peckham, and Camberwell Station; he stole money there and was given an opportunity of paying it back instead of being prosecuted; he paid back a portion, but very little. The boy, with his father, mother and sister had been defrauding the public for years.
Sentence, Two years' at Borstal Prison.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 4.)
HART, Edwin (35, interpreter), pleaded guilty of stealing 13 brooches and other articles, the goods of Edith Wood; stealing one watch, one cigarette case, and other articles, the goods of Ellington Beningfield; stealing one jewel case containing one diamond brooch and other articles, the goods of Mortimer Harley.
Prisoner confessed to a previous conviction. Other convictions were proved, including one of five years' penal servitude for larceny. It was stated that prisoner must have begun his career of crime at 16 years of age. He was well connected and this people had helped him; he had left the country and gone to Germany after being convicted, but on returning to England, through his past being found out, and being in want of work fell in with his old companions.
The Judge said that prisoner appeared to be an habitual criminal, and that they did not give such people "chances," as prisoner had pleaded for. Sentence, Six years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, March 4.)
FORD, William, pleaded guilty of forging and uttering a certain order for the payment of money, to wit, a banker's cheque for the payment of £5; feloniously receiving the sum of £5 by means of the said forged order, well knowing the same to be forged, in each case with intent to defraud.
Mr. Wing prosecuted.
Sentence, Two days' imprisonment, on prisoner's undertaking to go into a lads' home.
Mr. W. H. Sands prosecuted; Mr. Purcell defended.
Bell pleaded guilty.
CLARA SAUNDERS , assistant to Mr. Thacker, confectioner. On February 17 a woman came into the shop and asked for some chocolates, value sixpence, for which she tendered a half-sovereign. While I was giving change prisoner Bell came in and made a small purchase. The coin produced is the half-sovereign. I showed it to Mr. Thacker.
ROSE STEVENSON , assistant to Mr. Murrell, 499, New Cross Road. Between half-past eight and a quarter to nine on February 17, a woman came into the shop and asked for two pies; she put a half sovereign on the counter. I had not enough money in the till to give change and I said, "I will not keep you a minute, I will have to get change." The two prisoners had come into the shop directly after the woman and as I was leaving to get change Davis took some silver out of his pocket and said, "What is it you want?" Then the woman gave me a sixpence and I gave her the half sovereign back again. Neither of the men bought anything. I do not know whether it was a good half-sovereign or not.
Cross-examined. On the night this was done I went down to the police station and saw Davis with six other men. The other prisoner sat in his seat and would not stand with the men because they all had caps on. I did not identify Davis that night.
Re-examined. I am sure Davis is the man who came into the shop now, but being flurried I failed to recognise him that night.
FLORRIE ALLEN , assistant to Mr. Turner, confectioner, New Cross Road. On February 17 a woman came into the shop to buy some chocolate for which she offered me what purported to be a half-sovereign; after that Bell came in and said, "Hurry up and serve me"; he bought a pennyworth of sweets. I gave the woman 9s. 9d. change. Then I served Bell and he followed the woman out of the shop. Very soon afterwards I found that the coin was a gilded sixpence. I did not see Davis.
LIZZIE EVANS , provision dealer, 53, High Street Deptford. Between nine o'clock and half-past on February 17 a woman came into the shop and bought some butter and cheese, for which she tendered what I took to be a half-sovereign; I gave her 9s. 7d. change. Whilst I was giving the change Bell came in and asked if I had any Irish new laid eggs. About 20 minutes before that Davis had been in and asked for empty boxes, and while I was giving the woman change he came on the doorstep and said, "Do not forget them boxes to-morrow night." I afterwards gave the gilded sixpence to the police.
Cross-examined. On the night this occurred I went down to the police station. I saw six or seven men with caps on, but I did not pick any one out that night. I did not mention Davis's name to the magistrate. The first time I made this statement about him was eight days afterwards.
GEORGE MURRELL , pastrycook, 79, High Street, Deptford. At a quarter past nine on February 17 I was outside my shop at 499, New Cross Road. I looked in through the window and saw the man in the dock, also another man, and a woman. I had seen Davis earlier that night in a fried fish shop about 50 yards from mine. After they left my shop I went in and spoke to my assistant; then I followed the two men to the corner of High Street, where the woman joined them; they all turned back again and went into. Turner's shop, the woman first, Bell next, and Davis stood outside. When they came out I went into the shop and spoke to the assistant. I afterwards saw the two men close to the "Centurion" public-house; then the woman joined them again and they all walked down High Street to Miss Evans's shop. I pointed them out to the police. A man named Rust was with me. The two prisoners were apprehended at about 10 o'clock in the "Brown Bear."
Cross-examined. I lost sight of the three people only while I was in Turner's shop; I saw all three go into the "Brown Bear." I should say it was about a quarter past nine when I first saw them. The people were out of the music-halls long before that.
ALBERT HENRY RUST , 499, New Cross Road. At about nine o'clock on February 17 I saw the two prisoners and a woman in Mr. Murrell's shop. I saw all three go into the shop. The woman was apparently buying something over the counter; I saw Davis take some money from his pocket, look at it and put it back again. They then left the shop. Mr. Murrell and I then went into the shop and spoke to the assistant. I afterwards saw them in conversation outside the "Centurion."
Cross-examined. There was no occasion for me to pick prisoners out at the police station because I followed them in. I lost sight of prisoners for about three-quarters of an hour. I did not see them taken into custody.
Police-constable KNIBBS, 34 RR. I was on duty on February 17 in New Cross Road, when the witness Allen gave me a gilded sixpence. I then went to High Street, Deptford, and witness Evans gave me another one. I then went to the "Brown Bear" and saw Sergeant
Powell. Whilst talking to him Bell came out of the "Brown Bear" and I took him into custody. I did not see Davis.
Sergeant PAYNE, 20 RR. On February 17, after a conversation with Murrell, I went to the "Brown Bear." I there saw Davis and told him I should arrest him for being concerned with others in passing gilded sixpences for half-sovereigns. He replied, "There was a row outside. Did you see me hit him?" I told him I never saw any row. He said, "I got a smack in the jaw, and if he had stopped I would have smashed him." I then took him to the station. He appeared to be under the influence of drink.
Cross-examined. I did not see a woman in Davis's company. He was alone, so far as I am aware, when I saw him in the "Brows Bear"; the other prisoner was then being taken down to the station by Police-constable Knibbs.
Sergeant POWELL, 103 R. At about half-past nine, on February 17, Murrell spoke to me. I then saw the two prisoners. I followed them for about 250 yards and saw them go into the "Brown Bear." I did not see the woman. I saw no disturbance whatever. I was present when Davis was arrested; he appeared to have been drinking, but he knew what he was saying.
Cross-examined. If there had been a woman there I should have seen her.
Inspector PRESTAGE, R. Division. I was present when Davis was charged. There was found upon him four florins, four shillings, one penny, and one pair of spectacles. I asked for his address and he replied, "I refuse."
WILLIAM JOHN WEBSTER , Inspector of Counterfeit Coins to H. M. Mint. The three coins produced are Jubilee sixpences of the reign of the late Queen Victoria, gilded in such a manner that they could pass for a coin of a high denomination, namely, a half-sovereign. They are all of the same date; they were called in the same year because they were found to be sufficiently like a half-sovereign to be passed.
HENRY DAVIS (prisoner, not on oath). At the police station I was put up for identification with six other men, all with, caps on. Each witness was asked if he could pick me out and none of them did so. The next morning the same. Not one of the witnesses recognised me till the second hearing. The place where this happened is close to a market place, where there are two music-halls and a theatre, and people were standing about in groups. I can assure you I was never in the shop and was never in the woman's company. I had been in the urinal, and, coming out, I met the man Bell. We went and had a drink together; I bid him "Good night." I stopped to have another drink and the police come and arrest me. I had been having a row with a man, and I asked the policeman if he saw him hit me. I know nothing about this; the money found on me was good money. Verdict, Guilty.
A large number of previous convictions were proved against both prisoners.
Sentence, Each 15 months' hard labour.
Mr. W. H. Sands prosecuted; Mr. Blackmore defended.
ANNIE LEAVER . I assist my father, who is a confectioner and newsagent at 83, Union Road, Southwark. On Sunday morning, January 26, prisoner came into the shop and asked for "Lloyd's Newspaper." He put down a two-shilling piece in payment; it was a smooth coin; I bit it and it bent. I gave it to my mother and she took it up to my father. Prisoner remained in the shop until the policeman came.
Cross-examined. It was about a quarter of an hour before the policeman came.
GEORGE LEAVER , 83, Union Road. My wife brought me the coin which I produce. I then went into the shop and saw prisoner. I asked him if he had any more like that; he said, "No, that was all he had." I then told him I should have to call a constable. He said he had taken the coin when selling music the night before. My wife then blew a whistle, and in about five or seven minutes a constable came.
Cross-examined. I was probably about two minutes before I got down into the shop. Prisoner made no attempt to run away.
Sergeant F. REDHEAD, 20 MR. At about 11 o'clock, on January 26, in answer to a whistle, I went to 83, Union Road, where I saw the prisoner. I told him I was a police officer, and should take him into custody for attempting to utter a bad two-shilling piece. He said, "I did not know it was bad." I took him to the police station, and when charged he made no reply.
ALICE BURFIELD , wife of Benjamin Burfield, shopkeeper, Lancaster Street, Southwark. On December 10 last prisoner came into the shop and asked for half an ounce of tobacco, in payment for which he tendered a five-shilling piece. I looked at it, and told him it was bad. He said, "I do not think so; I have taken it for my music." I said, "Well, I shall not give it back to you; it is bad. Give me back the tobacco." He refused once or twice, but at last he gave me the tobacco and asked for the money back; I told him it was bad and I should keep it. He waited about five minutes in the shop; at last he went out and came back with two constables; he told them he had given me a five-shilling piece, that I had said it was bad, and refused to give it back. I gave the coin to the constable, who searched the prisoner and then took him away.
Cross-examined. He did not refuse to give me the tobacco, but he asked me to give him back the five-shilling piece. He said he did not know it was a bad one. Then, he went and fetched the constables.
Sergeant T. NANKIVELL, 41 M. On December 10 last prisoner met me in Blackfriars Road and said, "I want you to go to a shop with me. I have tendered a five-shilling piece for half an ounce of tobacco and the woman refuses to return it to me
and says it is bad." I went with him to the shop and saw the last witness, who in prisoner's presence said, "This man came into the shop and asked for half an ounce of tobacco, for which he gave me the five-shilling piece." She then gave me the coin, produced. I looked at it, and I saw it was base. I searched prisoner, but found nothing on him, neither good money nor bad. He subsequently said, "I took it for music that I was selling on Saturday night." He gave the name of Alfred Williams and the address of Rowton House. He was allowed to go then.
Cross-examined. When he met me in the street he told me the woman said it was a bad coin.
ROBERT SUTTON , barman at the "City Arms," Westminster. At about one o'clock on January 3 prisoner came in and asked for a pennyworth of rum and a pennyworth of tobacco, and tendered a two-shilling piece in payment. I thought it was a bad one, so I put it in the coin tester and bent it. I called my gov'nor's attention to it; he took the coin from me and went over to the prisoner. He said, "Have you got any more like this?" Prisoner said, "I have only got a penny." I took the penny for the rum, took the tobacco away from him, and put it back in the drawer. Mr. Headson told me to fetch a policeman. When I came back with the constable prisoner was standing on the pavement.
HENRY HEADSON , "City Arms," Westminster. On January 3 prisoner tendered the florin produced. I asked where he got it from. He said he got it selling music. I then sent for a policeman. While I was waiting prisoner walked out of the bar. I jumped over the bar and called him back; I told him to stop and see the policeman, and if he was not guilty he would soon get out of it. After I had sent for the policeman I was alone in the bar.
Cross-examined. Prisoner said he did not know it was a bad coin and asked me not to charge him because he had a wife and six children. He could have got out, if he had been smart, before I could have got over the counter.
Police-constable BROOKER, 397 M. On January 3 I was called to the "City Arms" and prisoner was charged with uttering the florin produced. I searched him and found fourpence in coppers. I then took him to the station. He gave the name of Alfred Harrison and the address of Rowton House, Newington Butts. He was taken straight to the police court and discharged.
GEORGE HARRIS (prisoner, on oath). During the last nine months I have been getting a living by hawking and selling music. Last May I went to Aldershot and was apprehended for hawking music without a licence, but was discharged by the magistrate. From there I went to Winchester and carried on the sale of music there. I have a letter
from the place I was living at and also a letter from a music shop at Winchester to prove that I bought music there on two or three occasions.
Mr. Sands objected to the letters being produced at not bearing on the charge.
Judge Lumley Smith ruled that they were not evidence.
Witness. On the Sunday morning in question I went to Mr. Leaver's shop and asked for a "Lloyd's Newspaper," and gave a 2s. piece to pay for it. The night before I had been standing in the Bermondsey New Road with my music; several customers came and looked over the music and one man said, "I will take that copy." While I was serving him another man came up; he confused me and got me into a muddle, and when he gave me the 2s. piece I gave him change without testing it; I put it in my pocket and took no more notice of it till I went to the shop on the Sunday morning. I had given the man 1s. 9d. change. With regard to the other case on December 10, I went to Mrs. Burfield's shop and asked for some tobacco for which I tendered a 5s. piece. That 5s. piece I had taken in the same way on a Saturday night in Bermondsey New Road. I could not say whether it was from the same man or not. Being a big piece of money I kept it for my stock on the Monday morning. When I went in for the tobacco the lady told me it was bad and accused me of knowing it. I swore that I did not know it and I went and got a policeman myself. When we got back to the shop the constable said, "You will have to come with me." At the station the inspector said, "Did you know it was bad?" I said, "No, I did not." They kept me there for about two hours and then sent me away. In the other case, on January 3, I went into the public-house and asked for some rum and tobacco, tendering a 2s. piece in payment, which I had taken the night before for my music; I was taken to the station, but the magistrate found me innocent and sent me away.
Cross-examined. I did not know that the 2s. piece which I gave to Mr. Leaver was a bad one. I am not a very good judge of bad silver. I had taken about 7s. or 8s. for music on the Saturday night, but I had given the remainder to my wife. I do not know that it is very difficult for a man to be convicted if he has only one bad coin in his possession. With regard to the 5s. piece, I only had that coin because I had saved it to buy stock with. I never told anybody about the bad coins being passed on to me. The reason I have given different names is that my people are in a good position, and I did not want my right name to be known. I told the constable I had a wife and family, but I did not mention any number of children.
Detective-sergeant Cunningham proved several convictions, and said he was told on reliable information that prisoner was a coiner.
Cross-examined. I say he is a coiner on information supplied to me; by that I mean he is the actual maker. I cannot say whether he is a skilled coiner.
It was stated that prisoner when charged refused to give any account of himself; he afterwards gave two addresses of music publishers,
but on making inquiry they both said they knew nothing whatever of him.
Sentence, Three years' penal servitude.
Mr. Blackmore prosecuted.
Police-constable HERBERT LOVETT, 481 N. On the night of February 23 I was on duty at Islington Green. At about five minutes to 12 I saw prisoner standing by the prosecutor, holding him by the coat; he appeared to be pulling him. Then he put his hand underneath prosecutor's coat, pulled it away quickly, and passed it into his own overcoat pocket. He then struck prosecutor a blow on the side of the head, knocking him down. Prisoner saw me and started to run. I ran after him and brought him back, when prosecutor said, "If you give me back my watch I will not charge you." Prisoner said, "I was running after the man who took his watch and knocked him down." I then took him to the station. On the way prisoner again struck prosecutor in the mouth. When we got to the station prisoner said, "I struck him because he made me wild by accusing me of stealing his watch." Prosecutor did not know whether prisoner was the man who took his watch or not. He said that at the time. He also said, "If you apologise, I will not charge you." I told him that, as he had been given into my custody, I had no power to release him.
Cross-examined. I was about nine or 10 yards away when I first saw the two men together. Prosecutor did not say, "This is not the man; I cannot charge him." He said, "I have no witnesses." I said, "This constable and myself saw him strike you." I saw nobody in prosecutor's company except prisoner. He said at the police court he might have been with a woman. He did not say as a woman passed, "This is the woman who can tell you all about it; the woman whose company I was in." There was an electric arc light within about two yards of where they were standing.
Police-constable ARCHIBALD SAWYER, 181 N. I was in the company of the last witness on the night in question at Islington Green. I saw prisoner holding prosecutor by the coat, pulling him towards him. He then put his hand down the front of prosecutor's coat, withdrew it sharply and put it in his own pocket; he then struck prosecutor a✗ blow, knocking him to the ground. He then walked a short distance away, and, seeing we were making towards him, he ran away. The other constable chased the prisoner and I ran up behind him.
Cross-examined. I was standing on the opposite side of the road at the corner of St. Peter's Street, about nine or 10 yards from where this happened. I did not see anyone else in prosecutor's company. I heard nothing said about a woman. I heard prosecutor say something about not wanting to charge you, as he had to go to work in the morning.
WILLIAM GOODRIDGE , grocer's assistant. On the night of February 23, between half-past 11 and 12, on coming round the corner at Islington Green I was knocked down in the road; I got up and was knocked down again. When I got up again I found my watch and chain was taken. I could not swear that prisoner took it. On the way to the station prisoner struck me on the nose. I valued the watch and chain at a sovereign. I said if he gave me back the watch I would not charge him. There may have been a woman there; I could not swear to it.
Cross-examined. I could not recognise you as the man who knocked me down and robbed me. I do not recollect going anywhere with a young woman. I can recollect that I was knocked down twice. When you were brought back I said I did not wish to charge you if I had my watch back. I did not say, "This is not the man; I cannot charge him." I do not remember saying, anything about a young woman. There were other people about.
WILLIAM GEORGE BAILEY (prisoner, on oath). I am a painter by trade, and when work is slack I get my living by selling flowers. On the night in question I was waiting for two men who had gone to the coffee stall, when I saw prosecutor and a young woman; they had just come out of a disorderly house; I heard a heated argument, and turned my head. I saw prosecutor with the woman and another man who had just joined them. All of a sudden prosecutor was thrown, to the ground, and as he fell the man seemed to strike him and then stepped over him. It was done so quickly that prosecutor had not time to shout out. I ran towards them, and as I did so the man struck prosecutor again. I said, "What is the matter?" He said, "I have been struck in the face and knocked down twice." I saw the man and woman going away very quickly. Prosecutor appeared as if he had been drinking. I picked him up, and said, "Stand up while I go and see if I can see the man who has done this to you." He then said, "I have also been robbed of my watch and chain." He then fell to the ground again. I went towards the woman, when to my surprise the constable said, "Wait a minute. What did you strike this man for?" Prosecutor then said, "I have been assaulted and robbed." The police said, "Is this the man?" He said, "No, that is not the man." "Do be sure," said the police, "we saw him hit you." Prosecutor then said, "If you saw him hit me, I cannot remember, but I will charge him." Going to the station prosecutor said, "If you was the man I would like five minutes out in the road with you." Then I put up my hand and hit him on the nose. Going to the station the constable said, "You must come up now and prosecute this man because you have given him in charge," or something to that effect.
Cross-examined. I saw prosecutor struck twice. The man and woman went from Essex Road towards Upper Street. I went to prosecutor's assistance, and found he could not stand, but I thought I had better run after the thieves.
Verdict, Guilty. A previous conviction was proved. Sentence. Three months' hard labour.
Previous convictions were proved.
Sentence, Three months' hard labour.
DALY, Charles (64, reporter), pleaded guilty of obtaining by false pretences from Maurice Alexander goods of the value of £4 10s. and the sum of £1, the goods and moneys of Poley Leapman, with intent to defraud.
Several previous convictions were proved.
Sentence, Three years' penal servitude.
BEFORE JUDGE RENTOUL.
(Wednesday, March 4.)
WEISS, Bertha (40), who pleaded guilty last Session (p. 563) of maliciously publishing certain false and defamatory libels of and concerning Ernest Von Goerschen, was released on her own recognisances to come up for judgment if called on.
BEFORE MR. JUSTICE BUCKNILL.
(Thursday, March 5.)
Mr. Arthur Gill, Mr. Kershaw, and Mr. Graham-Campbell prosecuted; Mr. George Elliott defended.
NATHAN FARVISH , 7, Church Street, Soho, tailor. Deceased was my wife and lived with me. We are Russians. She was 41 years old. Up to January 18 last my wife was in pretty good health, out she suffered sometimes from rheumatism. At that date she was suffering all night from toothache, and I went with her to the defendant's shop at 54 A, Broad Street, Soho, about 20 minutes past three. When we got there we first saw an assistant in the shop; then the prisoner came, to whom my daughter spoke. She said to him, "My mother is very weak; she is suffering from rheumatics; she was all night suffering from the toothache." I then asked him if he had any gas in the place. He said he had not got any, that after gas she would suffer for weeks from the head. Then I said to him, "Have you got any stuff to give her to have her tooth out without any pain." He said he had got some stuff but it was very dear, and that was cocaine; that it would cost about half a crown each tooth.
I said I did not mind about the money if he would try to take it out carefully without pain. Then the prisoner sent out my daughter to the shop, and says to me, "I have got the stuff there in the room." He then went into the shop with my daughter for about two or three minutes, and on coming back he took out from a drawer a little box, and took out a syringe. He also took a small bottle and put some stuff like water in the syringe. Then he says to me, "Hold up her bead," after which he put this staff into my wife's mouth with, a syringe. She was sitting on the chair. After he had done that my wife says to me, "Look what he makes my face; it is all crooked." Then Mr. Zeifert answered, "When the tooth will come out that will be all right again." He took one tooth out and was showing it to me. Then he gave her some water to rinse her mouth out, and while that was being done Zeifert said it had taken too long; the could not afford to wait so long. I said then, "Do you mean to say you have no time to waste? I pay you for your time." He then started to work on the other tooth, and when he had taken it out my missus shut her mouth, and some white stuff came out from the lips. Mr. Zeifert says, "we'll take her out and lay her on the couch," which we did. She was then in what you call a convulsion. Prisoner gave her some stuff to smell and then sent for a doctor. He said to me, "Don't be afraid, your wife will take like this about 10 minutes." It looked to me more than 10 minutes, and I started to make a row. Then he said again, "Don't be afraid; it will take about 20 minutes." Then I began screaming, and my wife got cold in the hands. When the doctor came it was about three-quarters of an hour, or half an hour, later. My wife was by this time very quiet, and he began working with her arms. Zeifert went to the door and asked the doctor quietly if he thought it was manslaughter. I then, started to make a row: "My wife is dead; why did you not tell me before?" Before prisoner took the tooth out he never examined my wife, nor asked her any questions about her state of health.
Cross-examined. My wife said someone had recommended Zeifert to her. I never knew him before. I did not know my wife suffered from a weak heart. Therefore I never told the doctor so.
ANNIE FARVISH , daughter of deceased. I went with my father and mother to defendant's shop on January 18. At that time my mother had the headache, neuralgia and toothache, and suffered from rheumatism. When prisoner came into the shop I had some conversation with him. I told him what my mother suffered from and said she was weak. He said he had no gas; it was too expensive, and it was no good; that she would suffer for several weeks with headaches. He mentioned this cocaine, but I do not remember that he mentioned it by name; he said be had stuff which was better than gas, but it was very expensive. I asked the price, and we agreed to pay half a crown a tooth. This conversation was in the room behind the shop. Prisoner only examined my mother's gums, nothing else. I then went out of the room before the actual operation took place; my mother was then sitting on the chair close to the fire. After that prisoner came into the shop, and I asked him how mother was; he
said she would be all right soon; she would speak to me in another five or 10 minutes. I remained there a little while, during which I saw a small boy go out. The prisoner again came back and I asked the same question. He said she would be all right soon. Before the doctor came another gentleman went out, after the boy. I heard prisoner say to his assistant, "She is dead." When I asked him he said, "No, it is not your mother." I knocked several times at the door of the room, but was told to go away. I afterwards went into the room and told prisoner that my mother was dead. He said, "I know;" so I said, "Why did you not tell me before?" He said, "I did not want to break your heart. I wish I had poison; I would poison myself."
Cross-examined. I did not know that my mother had a weak heart.
MONTAGUE DAVID EDER , 46, Fitzroy Street, and 2, Charlotte Street, medical practitioner. I have attended prisoner and his family for the last three years. On January 18 last a boy came to me at 2, Charlotte Street, in consequence of which I went to prisoner's place. When I got there he told me he had given, some cocaine to a woman to take out some teeth, that she had had convulsions, then fainted, and had remained in that condition. I then went into the room at the back of the shop and saw Mr. Farvish, and the woman lying on a couch. I examined the woman, and thought at first that she was alive, as I thought I saw a movement of the lower jaw; but on further examination I found no evidence of life. She might have just died as I came into the room. I tried artificial respiration, and gave her two injections of strychnine on the off-chance, but it was quite hopeless. The police then arrived, and I made a statement to them. Cocaine has been known in England for surgical use since about 1884; of course, the drug had been known for centuries. It is an uncertain drug, and is scheduled now as one of the poisons in the Poisons Act; that was done in 1905. All drugs are dangerous, of course; death has been known to result from Epsom salts; but those drugs which are scheduled as poisons are particularly dangerous. It is certainly desirable to examine the patient before administering these drugs; it is not done very often. (To the Judge.) The reason it is desirable to examine a patient is that the drug has a depressing effect on the heart. It acts by paralysis of the nerves going to the heart. If the heart were already diseased of course it would be still more dangerous. (To Mr. Kershaw.) I was present at the postmortem. It is highly probable that the condition of the deceased woman's heart would be discovered by examination. Assuming that condition of the heart, cocaine was not a proper drug to use, in my opinion. Of course, it is understood that the examination had revealed it during life. It is better that cocaine should be administered with a person in a supine condition. That applies to all anaesthetics, with the exception of nitrous-oxide.
Cross-examined. Cocaine is extensively used by dental practitioners, and often without any examination of the heart. It is sometimes used externally in the form of painting. In that case a 10 per cent. solution would be safe. They use up to 20 per cent. on the tonsils
and nose. In the case of tooth extraction, to anaesthetise sufficiently, half a grain to a grain is needed, and 10 minutes must be allowed before applying the forceps. I know Dr. Dudley Wilmot Buxton as an authority on anaesthetics. It is possible that the shock of the extraction of two teeth might lead to syncope where the person had a weak heart, but not to convulsions. Ten minims taken from a solution containing two grains of cocaine with 60 minims of water might be harmful even to a healthy person—that would be one-third of a grain. Up to the present two-thirds of a grain is the smallest dose known to produce death. It is recognised now that diluted doses are much better than strong doses. Where the skin is loose you can use plenty of fluid, but with a hard substance like the gums you must use a more concentrated fluid. The amount prescribed by Dr. Buxton would be a stronger dose than the 10 minims said to be injected by Mr. Zeifert.
Re-examined. When I speak of harmful effects I mean fainting or pallor, etc., especially fainting; that is a well-known effect of cocaine.
PHILIP HENRY DUNN , divisional surgeon, E Division. On January 18 I went to 54, Broad Street, Soho, about 6.20, where I saw deceased, who was then dead, and, apparently, had been for about an hour and a half. There was some rigor mortis. Prisoner said to me, "The woman came to have a tooth out, and I injected cocaine—half a grain in 10 minims of water." I think that is the way he put it. He showed me the syringe and two stumps of a tooth. He said that the woman fainted and they removed her to the couch; then she had convulsions. He said he had given her ammonia; I drew the conclusion that was to smell. He snowed me a bottle (labelled "Poison") from winch he said he had taken the cocaine (produced), also a bottle of ammonia. (To the Judge.) In my opinion, it is advisable to examine the patient when cocaine is used hypodermically. If the person has a weak heart it is not desirable to use cocaine. It is very likely to cause fainting attacks. It is quite possible for a man to discover that the mitral valve of the heart is diseased. The sound is entirely different from an ordinary heart. I was present at the postmortem and certainly think that a doctor could have discovered the condition of the heart by examination. In my opinion death was caused by cocaine poisoning. For extracting teeth I think a fifth or sixth of a grain of cocaine is sufficient. You would dissolve that in about 15 minims of water, making, roughly speaking, 1 per cent, solution. In addition to that, it is wise to add a solution of adrenalin, which is a new drug. I think a 5 per cent, solution is much too strong to make me of in a case like this.
Cross-examined. Adrenalin is not to be found in the British Pharmacopoeia. I am quite certain prisoner said he injected half a grain of cocaine in 10 minims. I wrote it down at the time. (Witness read his note.)
His Lordship said that adrenalin had nothing to do with the case.
Dr. LUDWIG FREYBERGER, medical practitioner. I held a postmortem on deceased, and found that her heart was small, fatty, pliable between the fingers, and the mitral valve was thickened, nodular, retracted,
and incompetent. In my opinion, cause of death was failure of the heart and respiration while deceased was under the influence of cocaine. In the woman's condition cocaine was a dangerous drug to use. Assuming a healthy patient, a quarter of a grain would be a sufficient dose of cocaine for extracting a tooth. Half a grain would be dangerous. (To the Judge.) It is not possible to say, even where the patient is supposed to be healthy, what the effect of cocaine will be; it is a very uncertain drug. I could not prognose what the effect would be even on myself. Cocaine should not be used on a person with a weak heart. I should advise that cocaine never be used.
Sub-divisional-inspector ERNEST ANDERSON, C Division. On January 18 I went to 54, Broad Street, where I saw prisoner. Lying on a couch was the dead woman. Annie Farvish was also in the room. She said to me in prisoner's presence, "This is my mother," and indicating prisoner said, "He put something on her gums and she died. He did not tell me for some time." Nathan Farvish was also there. Prisoner said, "I gave her cocaine, I have done it hundreds of times." Dr. Dunn was also there. In consequence of something Dr. Dunn said prisoner went on to say, "I have no qualifications in this country." The syringe, teeth, and bottle labelled cocaine were handed to me. Prisoner said, "That is the syringe I used to inject the cocaine, and that is the cocaine and the teeth." When charged prisoner made no reply.
Cross-examined. I did not hear prisoner say anything about the proportion of cocaine which he had used.
Inspector ELIAS BOWER, C Division. On January 18, about eight o'clock, I saw prisoner at Marlborough Street Station and told him what he would be charged with. He said, "I only administered half a grain; it was in 10 drops of water; I have done it hundreds of times; no harm has ever resulted till now." He was very excited at the time. He said he had no qualifications in England; that he had studied for two years in Warsaw and was not qualified there, I went to the shop in Broad-Street, an ordinary chemist's shop, called "Soho Drug Stores," with "Teeth extracted" on the panel of the door.
Prisoner's statement: I am not guilty. I reserve my defence and call no witnesses here.
(In answer to Mr. Elliott, his Lordship said that he was in doubt as to whether there was a case, but he thought that prisoner had better be talled.)
ISIDOR ZEIFERT (prisoner, on oath). I am a Russian born in Moscow. I studied at Vilna for seven years; afterwards entering Warsaw University, where I took a special course of medicine and surgery, and took the primary degree of bachelor of medicine. Before I got to the final examination I got into political troubles and had to fly the country. I came to London and took a position under a
doctor, with whom I remained for 13 months, practising every day under him. I then became assistant to a Dr. Harvey, with whom I was three years. I then went with another doctor for nearly three years; then started a drug store in Euston Square on my own account, after which I went to Broad Street, where I am now. For about 13 years I had been in constant practice as a dentist. I have never had any accident before, and I have administered cocaine a good many times. I had no intimation that deceased was suffering from a weak heart. The solution I gave was one-third of a grain, 3 per cent. solution, two grains to 60 minims of water.
Cross-examined. I do not remember exactly how many times I have used cocaine. I have carried on business myself for nearly three years. Up till November last I have had a qualified chemist in the shop. I have extracted teeth a good many times without using cocaine, more than with it. I do not use it unless there is a request to do so. I do not charge any price, I take whatever I get. I knew cocaine was a poison; it is used millions of times; it is not necesssarily dangerous. On some hearts it has a serious effect; it may be that it affects even sound hearts. I believe I told the Farvishes that it was a dangerous drug to use. I cannot remember. They wished me to use cocaine and I did. In this case there were stumps, and you could not do otherwise than use. something to deaden the pain. You do not necessarily examine the patient first. I have seen many men who have not examined; they are supposed to, but they do not. It is nonsense. I do not remember whether I asked if Mrs. Farvish had a weak heart. I believe I did. I asked the deceased. It is not true that I said I had injected half a grain in 10 minims. I was too excited to know what I was saying. I swear it was not half a grain that I gave to deceased. The daughter never told me that her mother was weak. She told me her mother had neuralgia and had not slept for three nights. The woman appeared to be all right. Probably I said before the magistrate that it did not strike me whether Mrs. Farvish was strong or not.
Re-examined. I was very much upset after Mrs. Farvish had died. It is possible I may have made statements then which I do not remember.
Verdict, Not guilty.
His Lordship recommended prisoner to be more careful in future ✗in ascertaining the condition of the patient's heart before using cocaine.
Mr. Pickering prosecuted; Mr. Graham-Campbell defended.
ELIZA READ , Hampshire Hog Lane, Hammersmith. I am cashier to Mr. Bunce, at 8, Porchester Road, who keeps a provision shop. I have been with him about 10 years. Prisoner was also in his employment for about eight years. He is a roundsman, but has no duties about the house. I was on friendly terms with him. On Saturday afternoon, February 8, I was in the scullery at 8, Porchester Road, in the basement near to the cellar. It was then about four o'clock. I
was washing my hands. Prisoner came in. I had not known him to come there before. He lighted the copper fire, and I told him I thought he had had his hot water before. He said, No, there was only a little water in the copper, and he could not take it because he would get into trouble with the girl. After lighting the fire he went back to the cellar, then came to the door, and called me, saying he had something to show me. I went to the cellar door, and he said, "You must come further inside; you cannot see there." I did so, and he tried to take liberties with me. I said, "Mr. Mitchell, what are you thinking about?" He gave me a rough push, and I fell over on to a brine tub. Then he kept stabbing at me. I screamed, and someone came from the shop and took me into the kitchen. The next I remember was the doctor standing beside me. I was taken to the hospital and remained there until the following Monday week. I suffered much pain, but am feeling better now.
Cross-examined. During the eight years I have known him prisoner has always behaved as a perfectly respectable man, and I have always been on friendly terms with him. I cannot account for his attack upon me. He has never taken liberties with me before. I have not heard of his suffering from epileptic fits—only in this Court and at the police court.
Re-examined. I have seen prisoner constantly during the time I have known him.
HENRY ARTHUR BUNCE , 8, Porchester Road, provision dealer. On Saturday, February 8, I was in my office about a quarter to four when I heard loud cries and went down into the cellar, where I discovered my cashier in a collapsed condition. I assisted her to her feet and into the house, where I gave her to my wife. I did not think anything then except that she was in a fit, but when I got back to the shop I discovered my hands had blood on them. I went back again to the basement and then sent for a doctor. Miss Read then made a statement. I did not see prisoner again that day. In the ordinary course he would leave about 10 o'clock.
Cross-examined. During the time prisoner has been with me—about seven years—he has been an inoffensive, good-tempered man; a most unlikely man to commit an offence like this. I never knew he suffered from epileptic fits.
GEORGE OWEN , assistant to Mr. Bunce. On Saturday, February 8, my attention was directed by cries, and I went with Mr. Bunce into the cellar and assisted him to remove prosecutrix. About half an hour afterwards I went into the cellar and found a knife (produced). It was lying by the side of a brine tub. It is the sort of knife used in our business for poultry; it was bent at the point. I do not think it had been bent before that afternoon.
Cross-examined. I have been six years with Mr. Bunce, during which time prisoner has borne the reputation of a quiet and inoffensive man.
Road and saw prosecutrix, finding her sitting on a chair in the basement very faint from loss of blood; almost unconscious. She had been bleeding a great deal. With the aid of the people in the house I got her into a bedroom and removed her clothes, when I discovered she had been stabbed in many places. On the right hand there was a slit; on the left elbow there was a puncture. There were several punctures over the lower part of the ribs and the upper part of the abdomen. Behind, at about the same level, there were more punctures. It was difficult to say at the time whether they were dangerous. I got her to the hospital as quickly as I could, because she was in such a state from the hemorrhage that we could not have done what was necessary at the house. At the police court the knife produced was shown to me. The wounds were consistent with being caused by it.
Cross-examined. I think a person suffering from epileptic fits would be more likely to commit an indecent assault than another, and also a murderous attack. At the police court I said, when asked how to account for this sudden outburst, that it seemed to be a temporary madness. With a person subject to epileptic fits, his mind may be a perfect blank after such an outburst, and generally is. I did not see the prisoner. (To the Judge.) With epileptic subjects these fits may come on very rapidly without any apparent reason. As a rule there is a slight premonitory symptom, which is called the aura.
Cross-examined. I have been in court while the last doctor gave his evidence and agree with what he says.
Sergeant EDWARD WILLIAMS, F Division. On Saturday, February 8, about 7.30, I saw prisoner in Fernhead Road and told him I would take him into custody for the attempted murder of Eliza Read at 8, Porchester Road. He said, "All right, I won't run away." I took him to the station, where he was subsequently charged. He made no reply. He had been drinking rather heavily, I should think.
Inspector ERNEST DALE.On the day in question I went to 8, porchester Road and found in the cellar a quantity of blood. A knife was handed to me afterwards, and I believe the point was bent.
Cross-examined. Inquiries have been made of this man's mother with regard to whether he suffered from epileptic fits. He did so as a little boy, then had them occasionally afterwards. He is a married man.
Prisoner's statement. "I reserve my defence."
Mrs. ANNIE MITCHELL, mother of prisoner. He has been married, I think, between six and seven years. As a boy he was subject to fits. When in the fits he used to struggle, but he was never rude or violent. He used to grind his teeth very much. Up to a short time before he was married he had fits. Of course, after he was married he did not live at home, but he always came to see me. He has been a good son.
Cross-examined. I have not seen him in a fit since he was married, nor heard of him having one. Prisoner might go for months and months and not have a fit.
Dr. JAMES SCOTT, medical officer, Brixton Prison. The symptoms described by Mrs. Mitchell probably would be epileptic fits. I agree that epileptic subjects would be more likely to commit an indecent assault, or a murderous assault, especially the latter. After persons suffer from a fit their mind is usually a blank. I have had prisoner under my observation since February 11 and have examined him and had conversations with him. He told me he had no recollection of committing the assault. It is possible that a man might suffer from these fits to a considerable extent as a boy, then less frequently in manhood, and there might be a cessation of the fits for some years. Excessive use of alcohol sometimes leads to convulsions. I believe it is a fact that prisoner had been drinking heavily. I put him in the padded cell on the 11th because of his condition, to prevent him injuring himself and others.
Cross-examined. When I saw prisoner he was suffering from delirium tremens. I did not see any evidence of epilepsy. It is very difficult to diagnose epilepsy when the fit is not on. There are appearances that sometimes make one suspect it, but scarcely any doctor would swear to an epileptic fit without seeing a convulsion or getting a report of one. Sometimes there are premonitory symptoms; sometimes they come entirely without warning. Epileptic subjects who commit such offences may not have the usual convulsions at the time, but in place of it they have a short attack of epileptic mania, when they commit the crime.
Verdict, Guilty of unlawful wounding. Sentence, Six months' hard labour.
Mr. Slade Butler prosecuted; Mr. Graham-Campbell defended.
CHARLES EDWARD MORTON , Whitton, railway claims inspector to the Midland Railway. Mrs. Brim has been in my service about two years. On February 9, Sunday morning, at 11 o'clock in the morning, I heard the bell ring and answered the door, where I found prisoner. He asked to see the "fair lady" who lived there. I said, "What lady?" and he replied, "The blonde lady." I asked him who he was and he said he was Harry Hedley, the lady's brother. He then pushed his way into the bedroom and said, "Now, I am inside." I asked him into the dining-room and asked him to sit down, but he did not do that. I called upstairs to Mrs. Brim, but did not know her by that name at the time. When she came in the prisoner advanced to meet her. My attention was then drawn by seeing a flash and hearing a scuffle and a cry for help. I rushed to the assistance of my housekeeper, and saw prisoner holding a revolver in his right hand. This I endeavoured to seize, and at that moment I heard a muffled shot. That was the second one. I fell back and felt that I had been injured in some way. I heard the revolver click I should
think about five or six times. I then noticed he had a dagger in his left hand, which I tried to seize. I backed him downstairs into the hall, and at last overpowered him. The revolver produced is the one, but it has been knocked about since. I think, as far as my memory serves me, it was in complete order. Prisoner put the revolver in his pocket. Then I think the wife said, "I will go with you." Prisoner kissed his wife and he was then crying. He shook hands with me. I then fainted. When I came round prisoner was upstairs with his wife trying to staunch the blood. He afterwards left the house with his wife.
Cross-examined. Prisoner was in a state of considerable excitement on the day in question. I do not know whether in the excitement I forced prisoner upstairs or whether he went up. When I asked him for the revolver he said, "I won't hurt her. I am a Freemason; you may take my word." I told prisoner I could get him fifteen years for this, and he said he should plead justification.
Re-examined. I found a number of cartridges on the Monday morning.
Mrs. RACHEL BRIM, wife of prisoner. He left me 15 or 16 years ago to go to America. On the morning in question I was upstairs in my bedroom when I heard Mr. Morton call out to me and I went downstairs. I had got half-way down when I saw prisoner advance towards me with a revolver in his hand. He then fired, I screamed, and Mr. Morton ran to my assistance, and tried to wrench the revolver from prisoner's hands. They struggled, and prisoner came at me again with the dagger. I hardly remember what happened next. The only thing I remembered was that I saw the blood gush from my blouse and I felt very faint. I said to prisoner, "see what you have done." He said, "I have come on purpose to Kill you. I don't care for my own life, and I do not see why you should live." He also threatened to kill my sister and mother. The knife produced is the one prisoner had. Mr. Morton asked him to give up the revolver and knife, but prisoner said, "I will not hurt her if she will go with me" While they were struggling I heard a kind of muffled report sod Mr. Morton called out, "I am shot." I asked prisoner to take me to the hospital. He said, "No, I could not take you to a hospital; that would give me away. You must go with me down to your sister's and I will get a doctor for you there." I afterwards left with prisoner and went to my sister's, where prisoner fetched a doctor who came and attended me. About that time prisoner said, "Don't give me away for God's sake." I afterwards went to his room under great threats. He said if I did not go with him there was plenty of time to finish me outright, and not only myself, but people who were in the room—"For I still have all my weapons with me." I was so terrified and frightened that he would do something that I hardly knew what I did. Then the blood was flowing very fast and I became faint and saw nothing else but darkness and blood in front of me. I went with him. He took me through some dark turnings until we got into the room, and while I was there he threatened me with this knife, saying, "If you attempt to go there is plenty of time to finish
you outright, and I shall then finish the others." The following day I saw a police-constable and gave him into custody.
Cross-examined. Prisoner was in a great state of excitement on the day he came to me. After the occurrence I stayed with prisoner for about twelve hours. During that time he would get very excited at times and then quite calm and collected, and then he would rush up and down the room, still threatening me the whole time. I have not had any communication with him during the 15 or 16 years he has been in America, and I do not know whether he was in an asylum there. The prisoner was not present when Dr. Ward examined me, nor did I see Dr. Ward in prisoner's presence.
Mrs. EVA SPURLING, sister of Mrs. Brim. Up to January 29 I had not seen prisoner for 11 1/2 years. On that date he called at my house and asked where my sister was. I said I did not know. He then said that he had been in Rochester in a crazy house for 10 months; that he had a paralytic stroke and came out in November. Then he asked for my sister and I told him I did not know where she was. He became excited and said if I would not tell him he would find her. He banged his fist on the table and said he would kill her if he found her. Then he left. I saw him two or three times after that occasionally, once on February 8, the day before this occurrence. He came in and spoke very nice at first, but before leaving he stood in the hall and was very nasty and said, "You know where she is, and if you will not tell me it won't be good for you." The next day he came about two in the afternoon, bringing his wife with him. When they entered the house she fell on a chair in a fainting condition, and he says, "You would not tell me where she was, and I found her, and I have done it." I then noticed my sister was bleeding. Prisoner went for the doctor and Dr. Mc Combie came. Then prisoner took her to the surgery. After that he came back and took out a revolver from his pocket, went out in the back garden, took a hammer of mine, broke the revolver up, and threw it in the dustbin. About seven o'clock in the evening prisoner took my sister away with him.
Cross-examined. On January 29 and on February 9 prisoner was very excited.
Dr. MCCOMBIE, 188, Commercial Road. On February 9, about three p.m., I was called to attend to Mrs. Brim. She had seven wounds; both her little fingers were cut and her left elbow. There were three on the inner part of the left upper arm and there was a wound over the left breast. I stitched some of them up. The wound over the left breast involved the lung. There was also a considerable amount of bruising and great loss of blood. I pointed out the danger of complications. Prisoner was very voluble at intervals, and then very apathetic and rambling.
Cross-examined. His condition did not then indicate to me anything with regard to the state of his mind. I did examine him. There were signs of nerve degeneration; there was some paralysis about the muscles of his eye, the effects of paralysis. I thought that the brain had affected that, as it was peripheral, but he gave a central explanation of it—a brain explanation. He said he had had some head trouble. That was a fairly reasonable explanation.
Dr. WARD, divisional surgeon, Twickenham. On February 10 I saw Mrs. Brim at the police station, where I found the wounds had been surgically dressed. They were too serious to examine there, and I ordered her off to the hospital, where I went and examined her. The chief wound was 1 3/4 in. long. The knife had undoubtedly penetrated the lung, and from that time even to now there has been a certain amount of blood spitting going on. When I first saw the knife produced it was marked with recent blood. There were several other wounds which I noticed. Prisoner was not present when I first examined the wounds.
Cross-examined. When I saw the prisoner first he was talking in a rambling way about not being responsible for what he had done, but I was not paying very much attention to what he said. I did not examine the prisoner in any way.
Police-constable ALFRED FIELD, 92 H. On Monday, February 10, I was in Commercial Road, and saw prisoner with Mrs. Brim. The woman appeared very weak and as if about to faint. Seeing her condition, I was about to ask what was the matter. She clutched at me and told me she had been stabbed, and that prisoner had attempted to shoot her at a house in Hounslow. I took prisoner in custody. He said, "Yes," and produced two knives. He said he did it with the big knife. "She deserved it. She deserted me for 16 years. The pistol I broke up and threw away." I then took him to Arbour Square Police Station. I searched him, and found in his right jacket pocket six cartridges and a small phial, which he said contained strychnine, which he took for a complaint. I also found a hammer in his inside pocket.
Detective-sergeant WILLIAM MOORE, T Division. On February 10, on receiving information, I went to Arbour Square Station, where I saw the injured woman and prisoner. I told him I was going to take him to Twickenham, where he would be charged with attempting to murder his wife, etc. He said, "I did it in self-defence. I went to the house at Hounslow and asked for my wife. I saw a man there, who said, 'Your wife is not here.' I said, 'She is here, and I want to see her.' I shot at him and stabbed her, but only to defend my-self. I took her away from the house to Whitechapel and I stopped with her last night." I then took him off in a cab to Twickenham Station. While in the cab he said, "I have been in America some years and came back a fortnight ago." When charged, his wife being present, he said, "Yes, that is what I did it with. She deserved it; the deserted me 16 years ago, and it was she who caused me to be Paralysed. She is a wicked woman. That is my knife and my revolver. I broke the revolver up at my sister's house and threw it in the dustbin. We made it up and stayed at my room together all night."
Dr. JAMES SCOTT, medical officer at Brixton Prison. I have had accused under my observation since February 11 and had interviews and conversations with him with a view to ascertaining what the state of his mind was at the time of the attack. I think his mind was then probably unsound, and is so now, as the result of disease of the brain,
from the thickening of the vessels—syphilis. Prisoner becomes very excited and garrulous at times. He told me he was for ten months in Rochester State Asylum. From my observation of him I think that is a true statement. He also told me he had been paralysed down one side. His face still shows it.
Verdict, Guilty, but insane at the time. Prisoner was ordered to be detained during His Majesty's pleasure.
BEFORE THE RECORDER.
(Thursday, March 5.)
Mr. J. P. Grain prosecuted; Mr. W. H. Leycester defended Miller.
HENRY JOHN GAZARD .I am chief foreman at the Great Western Wagon Works at Wormwood Scrubbs. On February 13, at six a.m., I was on duty looking round unused coaches and horse boxes standing at the Scrubbs Lane siding. I found a number of these connections had been taken off. They are connected to each end of the coaches for the steam to pass from one to the other—steam pipe connections or vacuum connections (specimens were produced in Court). I feel certain that this piece was cut off for seven-eighths of the way through and ripped off. The other portion of the rubber that exactly connects with this is in the possession of the company. The removal of these connections would render the steam heating apparatus useless. I communicated with the police. I have seen all these things on the premises of the defendant Miller.
Cross-examined. There would be a very serious accident if our examiners did not notice they were cut away before the coaches went into traffic. There had been previous thefts of the same kind. These two big pieces were not found at the prisoner's premises. (The witness withdrew in order to examine, for the purpose of identification, other parts produced.)
Sergeant JOHN GILL, X Division. About 12 o'clock on February 15 last I went with other officers to the shop of Miller, 82, Silchester Road, Notting Dale. It is a rag shop. The name up is "C. Miller, rag dealer." I first saw his son when I walked into the shop. I then went into the kitchen, where I saw Mrs. Miller, the wife of prisoner Miller, sitting on a chair. I told her we were not satisfied and we were going to make a second search. I requested her to get up from the chair, which she very reluctantly did. Under the chair was a pail containing broken metal—the one produced by the last witness. The metal was quite warm and had the appearance of having had heat applied to it. The last witness then identified them as portions of the heating apparatus belonging to coaches, the property of the Great Western Railway. I made a thorough search of the kitchen
and found other matters there, which are not the subject of this indictment. I also found some telegraph wire in a coal cellar in the rear of the premises. While in the kitchen I saw through the shop a woman outside in the street, whom I have since ascertained to he the wife of the prisoner Sear. She was standing at the corner of Manchester Road, looking about in each direction. Then she crossed the road, carrying a small handbag. She got to the door of the shop, and Mrs. Miller, who was in the shop between me and her, then met and spoke to her; she then hurried off carrying the bag.
Cross-examined. The kitchen was apparently used as a storeroom. It was very nearly full of rubber and different other goods—metal and all kinds of things. When we were conversing with the son she came to the shop door and listened to, and took part in, the conversation, stating that she purchased rags. She then went back to the kitchen and sat on a chair. I did not notice whether there was a bar underneath the chair; if there was you could not properly get the pail under the chair. She was not sitting on the chair with her foot resting on the pail. She was sitting by the fire. When I say the metal had the appearance of having been recently broken I am not speaking only from what the last witness told me. I noticed the letters G.W.R. upon them. There is no stamp on the other parts to my knowledge; I have not examined them all minutely. All the property that was found in the pail was identified by the G.W.R. I did not find any rubber on the premises that was part, of the stolen property. I did not see the prisoner at all. Serjeant Burrell left a message for him to come round to the police station. We took possession of the property.
Detective-sergeant WILLIAM BURRELL, X Division. I went to the prisoner Miller's shop in company with the last witness and Inspector Matthews. I received some instructions from Sergeant Gill to follow the woman I now know to be the wife of prisoner Sear. I caught her up. She had a bag with her containing 13 pieces of rubber (produced). a I went to 34, Blatchington Street, Notting Dale, where she lives with her husband—about three or four hundred yards from the prisoner Miller's shop. I saw the prisoner Sear and said to him, "Your wife has made a statement respecting the rubber; she says that she was with you yesterday afternoon and found the rubber in a hole in a field on wormwood Scrubbs." He said, "I was with my wife yesterday afternoon on the fields of Wormwood Scrubbs and found it in a hole; if there is anything wrong with it I will stand by it, do not lock the missus up." I then took him to the station, where he was charged with possession of this rubber. When the charge was read over he said, "I know nothing about this." He is a navvy. At 4.30 on February 15 the prisoner Miller came to the police station. He was there when I arrived at the station. I said to him, "Is your name Miller?" He said, "Yes; I have come to find out what you have taken away from my house." I showed him the whole of the property that had been found in his shop. I said to him, "All this property has been identified as having been stolen from railway carriages on the G.W.R. siding, and this has been found in your shop in this burnt condition; do you wish to say how it came into your possession?"
He said, "No. I bought it of a dealer." I said, "Do you keep any books in which you make entries of your buying and selling?" He said, "I keep no books and never intend to." I said, "Then you cannot say from whom you got this property?" He said, "No." I said, "How do you explain the meaning of this property being burnt and hammered in this way?" He said, "That is my business; I buy all the metal that comes into my shop and I do as I like with it when I get it." He was then formally charged. He said, "I do not care, I suppose this means a Sessions job." I am not sure what is the exact description of his business which is on the shop front. (To the Judge.) I do not think he has "Metal Dealer" on the shop.
Cross-examined. I have somewhere a copy of the inscription on the shop; I am nearly certain that the word metal is not on the windows of the shop. I know the shop well. I did not know he dealt with metal. The weight of the metal found was 54 lb. When searching his shop I did not find any memorandum forms with his name on them the same as produced. I did not see a notice up in the shop in large letters as produced. When he came into the station he seemed to have been drinking. (To the Judge.) A register is kept at each police station of the names and addresses of the various marine store dealers in the area of our division who become known to the police—all the names that are known—but the prisoners are not included.
JOHN HENRY MATTHEWS .I am a detective-inspector in the service of the G.W.R. I went with the other witnesses who have been called to the defendant's house on February 15. When we went into the shop the wife of the prisoner Miller came to the door and listened to the conversation between Sergeant Burrell and her son. After the conversation was over she retreated to a chair in the kitchen and sat upon it. After some minutes' searching she was asked to shift, which she did rather reluctantly. Under the chair seat was the pail which has been produced, which was hot. After the charge was made a number of other articles was found as well as the G.W.R. things—I think he is described on the shop as a "Rag and Bone Dealer," not a metal dealer. I afterwards went with the prisoner Sear to a field barely a mile away from the prisoners house. It is a field adjoining Wormwood Scrubbs. It is in the occupation of a Mr. Morris—Wells Farm, East Acton. The field was about half a mile from the particular sidings from which these things were stolen, but there were sidings adjacent to the place. Prior to getting into the place Sear said he had left three portions in this field. When we got there he pointed to a hole in the ground filled with stones. Sear took the stones out and at the bottom there were these three connections visible. They are connections of the vacuum apparatus. They had been stolen from some horse boxes on a siding within 20 yards from where they were found. Sear said, "Someone has been here since I was here yesterday; you could see these yesterday and you cannot see them to-day."
Cross-examined by Mr. Leycester. These pieces of vacuum brakes were stolen, but not the same night. To my knowledge no part of them was found on Millers premises.
HENRY JOHN GAZARD , recalled. (To the Judge.) I have made an examination of the contents of the pail. I identify the whole of the metal found in it as the property of the G.W.R. I do not know whether it is possible without heating these things to break them up. The particles expand with heat and the cohesion becomes proportionately less.
CHARLES MILLER (prisoner, on oath). My occupation is that of a rag, rope, and general merchant. I also buy metal. There is up outside my shop, "Rag, Rope, and General Merchant" on the facia and underneath in skeleton letters, "Charles Miller, marine store dealer." This large notice (produced) is in the front window near to a partition at the back of it—it is right in the middle of the window. (To the Judge.) Anybody passing by could see it. (To Mr. Leycester.) The memorandum form produced is one of my forms. On Saturday, February 15, when the police came I was out. The brass was not in the pail when I went out—it was in a bag. I bought it off a general dealer—1 cwt. 2 qr. 5 lb. He goes by the name of "Jess." I had a book on the end of the counter which had been stolen a few days previously, and I said I would not keep another book and would not put any more metal in. The metal I put in was 1 cwt. 2 qr. 5 lb. gross, less 2 lb. tare, which is 1 cwt. 2 qr. 3 lb.—that is 31b. over the standard weight. I bought it all at once from one man. This (indicating) is brass; the other is gun metal; I picked that out of this bag and sorted it separately, putting the copper wire into one bag and gun metal in another. These with the letters "G.W.R." on are brass. I have never seen any initial on them or else I should not have bought it. My eyes are not so good at they were. I paid "Jess" 42s. a cwt.; that was a good price for mixed scrap metal. I bought the copper wire at the same time and at the same price; it came in one bag altogether. I do not know anything at all about the rubber found with Mrs. Sear. That is not worth anything. When I came home I found the police had been into my shop. I then went down to the police-station on my own accord the same Saturday afternoon. I had had a drop or two of drink. I expect I was rather talkative, being a little bit upset.
Cross-examined by Mr. Grain. I had known "Jess," I dare say, about two months. I do not know where he lives; it was in the book. He lives at Acton somewhere; I do not know the road or street. I have not looked for him since February 15 to try and find him and bring him here as a witness. as I have had no chance to find anyone, not having been out on bail. My wife knows "Jess," but she does not know his address. She is not here. It is no good her coming here—she is a cripple. "Jess" brings these things in a cart drawn by a horse—rags, iron, and general things; he collects old bottles, raps, and bones, and newspapers. I have never seen anything like these things before in my place. I only thought they were old metal. I did not make any inquiry from "Jess" as to where he got all these articles from. If I had done so I suppose he would
have told me to mind my own business. I very often have that answer given when I have things brought to me. The copper wire and the other things came in the same bag mixed up. These things were not scattered about on the floor, but were in a bag. My son Charles helps me in the business. He is not here to-day. The articles found in the pail were not broken up at my place. The statement made by the police is not correct. The pail might have been hot from standing in front of the fireplace, where the fender is My wife had hurt her foot, and might have rested it on that pail. (To the Judge.) The metal was never heated in my place. (To Mr. Grain.) I say this large placard is visible from the street. I had half a dozen printed together about three months ago. I have been in this business 40 years. I have no other son besides my son Charles. I have never to my knowledge seen the man Sear before he came into my shop, and I have never served him. I do not know his wife. I was not at home when my wife spoke to her. I was not there on the Saturday until half-past four. My son Charles has strict orders not to take any metals in at all without my sanction, and my wife never buys any metals at all or rubber.
JOSEPH SEAR (prisoner, on oath). Me and my wife were walking on Friday afternoon, February 14, across the Scrubbs. We walked as far as Oak Lane, then walked back to the G.W.R. fence, and about a hundred yards from Oak Lane I saw the rubber in a hole. I said to my wife, "Shall I pick it up; it might get us two or three coppers?" She said, "Please yourself." I picked it up and took it home, and on Saturday morning, about 11 o'clock, I said to her, "Will you take a piece of rubber out and see if you can dispose of it?" She said, "Where am I to go?" I said, "I do not know; I don't know who buys it; I have seen 'Old Rubber Bought' in windows." She went out and came back and brought the rubber back with her. I said to her, "Did you go to the shop opposite the 'Black Bull'?" I do not know whether that is opposite Miller's shop. I said, "I think they buy old rubber." When she came back I was sitting on the bed with the baby, and she said, "Here are two inspectors come to take me to the station." The inspector asked me for an explanation about the rubber, and I told him where I got it. I said, "If you like to come I will show you where I picked up." I said I left three pieces there. He asked me what sort of pieces they were. I said I could not tell him; they looked to me like iron. I went up to the station then. I said, "Do not lock the missus up; I will stand by it." After we had been in the station some time they fetched me out and I took the inspector across the field to the hole, and when I got there I could not see them; I had left them noticeable on the previous day. I said to him, "Someone has been here." I fetched some stones out of the hole, and they lay underneath the stones. These pieces produced look to me like the same pieces. I carried them to the station. I was then charged with stealing brass fittings, which I know nothing about. I do not know anything about the property in the pail which was found under the chair upon which Mrs. Miller was sitting.
Cross-examined by Mr. Grain. This field where the hole was is a grass field—meadow; there is a public footpath across it. The hole is some little distance from the footpath. I went by it on account of the wet path. I am a labourer out of work. I never worked for the G.W.R. and do not know exactly where this siding is. I know where Scrubbs Lane is. I live about a mile or a mile and a half from that.
His Lordship, having regard to the first count of the indictment which charged both prisoners with stealing six metal steam pipe vacuum conductors, directed the Jury to acquit the prisoner Sear, and said that there was no evidence against the prisoner Miller on the first count. Hi✗ Lordship having summed up the case on the second count, the Jury returned a verdict of " Not guilty" against the prisoner Miller, but added as a rider that they thought he should be severely censured for his conduct.
CHARLES MILLER was then indicted for having on January 22, 1908, feloniously stolen a quantity of copper telegraph wire of the weight of 21 lb. and of the value of 15s., the property of His Majesty's Post-master-General, a second count charging him with having feloniously received the property knowing it to be stolen.
Mr. Forster Boulton, M.P., and Mr. A. J. Lawrie prosecuted; Mr. W. H. Leycester defended.
Sergeant JOHN GILL, X Division. On February 15 I went to the prisoner's premises, where I found in a coal cellar at the rear of the premises a sack covered with coals. I pulled it out and it contained telegraph wire. I found some other property on the premises which was the subject of another charge.
Cross-examined. I mean the subject of the Great Western charge.
Detective-sergeant WILLIAM BURRELL, X Division, corroborated the evidence of the last witness as to the finding of the copper wire on the prisoner's premises on February 15, and identified the wire, weighing 21 lb., which was produced. The prisoner was not in the house at the time it was found. I saw him afterwards at the police station. He had come there to find out what property had been taken from His house. I said to him, "Will you give me any information about this copper wire? can you say from whom you bought it?" He said, "No, you find out; that is your game." I said, "As you have failed to give me any information to account for the property being in your possession, I have no other alternative but to charge you with receiving it." He said, "I do not care; I suppose this means a Sessions job." He was then asked by the officer on duty for his name, address, and occupation and he said, "Sometimes a thief and sometimes a dealer." On February 24 the charge was read over to him; he said, "Yes, I bought that wire from the same dealer in the same bag as the other."
Cross-examined. The other wire was identified at the police station on the day in question by Grant, who is in the service of the General Post Office.
ARTHUR HENRY WOOD , of 4, Kimberley Road, Harrow. I am an engineer in employ of the General Post Office. I identify the wire as the property of the Postmaster-General. I should say it had been erected within the last 12 months. It has been severed in a manner contrary to the manner adopted by Post Office linesmen. There have been 92 separate cases of stealing wire within the last 12 months.
THOMAS GRANT .I am a linesman in the employ of the G.P.O. On January 23 I was in the neighbourhood of the Grand Junction Canal. I found six wires had been stolen from between poles Nos. 57 and 58; that is between Ladbroke Road and Mitre Bridge. They are telephone wires—four trunk wires and two fire alarm wires. I identify the wire produced, it being the same gauge as that used by the G.P.O. (150 lb. to the mile).
Cross-examined. When he said it, he winked at the sergeant who was taking the charge.
CHARLES MILLER (prisoner, on oath). This copper wire came from the same bag as the articles in the last case. I bought it from the same man, "Jess," at the same time as I bought the Great Western Railway property. As far as I could see, the wire was only old stuff The place where it was put was the washhouse. I keep other things in there besides coals. Some coals had come in on that Saturday morning, and some may have been accidentally put over the sack.
Sergeant GILL, recalled. The only other things in the coal cellar were two small old boxes and a sheet of zinc at the back. The bag containing the wire was carefully concealed under the coal.
Cross-examined by Mr. Forster Boulton. I got this wire from the man named "Jess" about just turned a month from now. I bought it at the same time as the other property. Verdict, Guilty.
Prisoner confessed to having been convicted of felony at the North London Sessions on September 3, 1895.
Detective-sergeant CHANDLER, X Division, proved that the prisoner was then sentenced to six months' hard labour for stealing 40 lb. of lead piping and four brass taps from the London School Board, two lads being charged with him, from whom he no doubt had been receiving stolen things. The police had recently received a number of complaints as to lads who had been charged with stealing zinc, lead, and brass taps from unoccupied houses, and, when asked as to what they had done with the property, they had mentioned the name of the defendant, which was the reason that observation had been kept upon his shop.
Witnesses as to prisoner's good character were called.
Sentence, Nine months' hard labour.
Mr. Kershaw prosecuted.
NELLIE MAY LITTLEJOHN .I am a domestic servant, in service at Kensington. On Sunday, January 26 last, I was walking along Bethnal Green Road, between half-past six and a quarter to seven. I was then wearing a fur boa, which was taken from the back of me. Two of the boys ran away, and I turned to the third (the prisoner) and said, "Did you see that boy take my fur?" He immediately gave me a heavy blow at the side of my face with his fist and another blow at the back of my neck and ran away. I felt dazed and after walking on a little way I spoke to a policeman. I have never seen my fur since. I went to Commercial Street Police Station the same evening and picked the prisoner out of about a dozen persons.
Police-constable ERNEST NEWRON, 320 H. On Sunday evening, January 26, I was on duty in Bethnel Green Road. I saw the prisoner (whom I have known by sight for 12 months,) in company with two other lads, about 6.15, at the top of Chilton Street, which is near the spot of the robbery. I next saw them together at half-past seven, having in the interval received an intimation of this robbery. They were at the junction of Brick Lane and Bethnal Green Road, which is about 100 yards from where I had first, seen them. When they saw me they went across the road and then started running. About 9.45 I arrested the prisoner and two other lads, named Groat and Carey. When I arrested the prisoner he asked what it was for. He was told he was arrested on suspicion of robbery in the street with violence. He asked, "How do you know; who told you it was me?" Police-constable JOHN STEVENS, 321 H. I arrested the prisoner and two others with the last witness on Sunday night about quarter to 10. I told them I should take them to Commercial Street Police Station for assaulting a woman in Bethnal Green Road at 6.30 that night, and stealing her fur. They were put up for identification the following day with 11 others. I communicated with the prosecutrix. She came to the station and went straight up to the prisoner and said, "That is the one that struck me the blow with his fist." The other two she failed to identify. The prisoner said, "I don't see how it is she has picked me out and not the other two; I don't see why I should suffer for the lot, and I don't see why I should be charged without them. I shall want them to go up as witnesses for me and if they don't go I shall set about them or "see them through" (or words to that effect) "when I come out." (To the prisoner.) I believe you did ask why you were arrested for everything done in Bethnal Green.
his name was Doherty. I have lost two or three birds lately. He did not enter the door, he only opened it. They an three went away.
Cross-examined by Mr. Kershaw. It would take five minutes to walk from my place to the scene of the robbery. (To the Judge.) There was plenty of time for them to have got there, if they had wanted to, after I refused to serve them. I should not recognise the two lads who were with the prisoner. The other two lads were sitting in the shop when the prisoner came.
JOHN GROAT .I was with prisoner until we went to Richards's coffee shop. I heard Richards say he would not serve prisoner. We went in there and came away at 7.25. We met him again at the corner of Brick Lane and then went round to Mrs. Mitchells shop. I do not know what the prisoner was doing between 6.10 and 7.25.
Mrs. AMY MITCHELL.I keep a coffee shop at 12. Granby Street, off Chilton Street. The prisoner came there between six and seven; I did not notice how long he stopped there because I was serving other people.
PRISONER(not on oath). Everything that is done in Bethnal Green Road and Brick Lane I am always blamed for.
Prisoner confessed to having been convicted at Old Street Police Court on January 30, 1907, of felony. Other convictions were proved. Sentence, Two years in Borstal Prison.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 5.)
Dr. SCOTT, medical officer of Brixton Prison. Prisoner has been under my observation since February 3. I consider him to be insane and unable to understand the proceedings of a criminal trial, or to give instructions for his defence.
Verdict, Insane. Ordered to be detained during His Majesty's pleasure.
Evidence having been given as to prisoner's previous good character, he was released upon his own recognisances in £5 to come up for judgment if called upon.
FINKELSTEIN, Israel (60, merchant), pleaded guilty of being adjudged bankrupt, did not fully discover to the trustee administering his estate for the benefit of the creditors all his property, to wit a sum of £1,460, with intent to defraud, the said sum not being disposed of in the ordinary way of his trade, or laid out in the ordinary expenses of his family.
On the application of Mr. Bodkin sentence was postponed to next sessions, when Mr. Bodkin was to complete his statement of the case, and pritoner to have liberty to call witnesses as to character.
GOLDSTEIN, David (19, cloth merchant) ; feloniously receiving from Samuel Goldman three-quarters of a yard of black twill and large quantities of trimmings, the goods of George Miller and another, his masters, well knowing the same to have been stolen.
Mr. Roach prosecuted; Mr. Purcell defended.
SAMUEL GOLDMAN , 105, Green Lanes, Highbury. I am also known as a music-hall artiste by the name of Sid Stuart, and have letters addressed to me in that name. I have only lived at my present address a fortnight. Up to February 18 last I was shop assistant to Mr. Miller, who carries on business as "Bolitho and Co." at Ludgate Hill. On February 18 I was convicted of taking a parcel of Mr. Millers goods. During about six months previous to that date I had stolen, in all, about eight parcels of goods belonging to Mr. Miller, of the total value of £20 or £25 and had sent them to Goldstein, the prisoner, whom I have known for about six months. I cannot say the amount he paid me for each parcel, but for the whole I received about £9. I sent no parcels to anyone but Goldstein. I took two or three parcels myself, sent two by Carter Paterson and two by Lavington's. I sent them by carrier because David Goldstein told me it would be safer than to bring them down myself. The brown paper produced is the wrapper of a parcel of trimmings that I sent to David Goldstein; it is addressed, "D. Goldstein, Esq., 47, Havering Street, Commercial Road East," in my handwriting. The label came from Bolitho and Co., Ludgate Hill, but I cut the name off. The second piece of brown, paper produced is the wrapper of a parcel I sent on January 21, 1908; it has a label of the same kind in my handwriting. I sent those parcels by Carter Paterson. The envelope produced addressed, "Sid Stuart, c/o Bert Snapper, 105, Green Lanes," is in David Goldstein's handwriting. I had not seen that before my arrest, but I expected it on the morning before I left the house. The card produced, "Sid Stuart, Comedian, c/o Bert Snapper, 105, Green Lanes Highbury, N.," is my professional card.
Cross-examined. I had lent Goldstein some money on the Friday before I was arrested and I understood the postal order which was in that envelope to be a repayment of that loan. I was stopped by Mr. Miller coming out of his shop with a parcel of his property at about nine o'clock in the morning. I had been 4 1/2 years in his employment, during which time he had treated me with confidence. When he caught me with the stolen property he asked me to whom I was going to send it, and said that if I would tell him how long this had been going on he would let me go free; if I did not he would send over for a policeman from Bridewell. He asked me to show him the name or the parcel, but did not ask who the receiver was. I told the magistrate, "In the belief that I would be let go free I made the statement implicating the Goldsteins"; I also swore before the magistrate that "prosecutor told me if I told him how long it had gone on and to whom I sent the stuff he would let me go free." I was sentenced to
one month's imprisonment at the Mansion House. Before being sentenced I had made a statement to the police, but as I was rather excited for the moment I may not have made quite a proper statement; there were two officers present asking me questions, and also Mr. Miller. I was in the room from about half-past nine till four and the officers were questioning me for about half an hour. The threequarters of a yard of stuff produced is of too common a quality for my master's shop; as a matter of fact it is not his property, as I said before. It was shown to me at the Mansion House and I said, "The three-quarters of a yard of lining is of too common a quality for our shop; I am of opinion that it is not Mr. Miller's stuff." I have two or three theatrical costumes; I sometimes, when I have to go a very short distance, put them into a parcel. I never left my theatrical costumes at Goldstein's or sent them there; I took the basket down there on my way to a concert one night and took it away again directly. If parcels came to our shop with brown paper wrappers the brown paper would probably be torn off and put aside and would be easily accessible. I know that Mr. Miller when, before the magistrate said that he did not tell me that if I made a statement he would let me go free, but he was not telling the truth.
Re-examined. It was only on one occasion that I took my theatrical clothing to Goldstein's place, and I did not leave it there. When I used the word "implicating" in reference to the statement I made to Mr. Miller I did not intend to convey that I was in any way making a false charge against Goldstein. Mr. Miller saw the name of Goldstein on the parcel. All the stolen property was sent to David Goldstein.
Mr. Purcell objected to witness referring to notes that he had made from a book in Messrs. Lavington's office.
Judge Lumley Smith ruled that the notes were not admissible and ordered the books to be sent for.
On the same day a man named Zeff, who is in the employ of Hyams tailors, Ludgate Hill, also brought a parcel to be sent to the same place.
Cross-examined. I have known Goldman for about three or four years; during that time he has come in almost daily with parcels. We do not take the name of the person who brings the parcel, but the name of the firm it comes from. I do not remember anyone but Goldman bringing parcels from Bolitho's. I have no recollectios of the dates except as I see them in the books in my handwriting.
Re-examined. The delivery notes are made out on the sorting bank, and when returned by the carman they are filed.
GEORGE WILLIAM WIGGINS . I am a carman in the employ of Lavington Brothers. On August 23 I had two parcels addressed to the prisoner; I knocked at the door and told him I had the two parcels. He said, "You have been a long time coming." I told him there was 8d. to pay. He paid me the 8d. and signed the sheet. One
of the parcels had the label of "Bolitho"; the other had a blind label. The sheet produced is the one that would be signed by the person to whom I delivered the parcels; it it signed "F. Goldstein." That was signed by the prisoner; I saw him do it.
Cross-examined. I remember about these parcels because I have not been used to parcel work; I am always on motor oil delivery.
LOUIS ZEFF , music hall artiste, 4, Holloway Road, N. I saw Goldman nearly every day during last August. About August 23 I took a parcel to Messrs. Lavington's for Goldman to be delivered; I did not notice whether there was any address on the parcel.
Cross-examined. It is not an uncommon thing for young men who have business in the City and also music-hall business to leave their costumes somewhere and call for them on their way home. I cannot say that Goldman ever did so, but I have met him sometimes going to concerts with his theatrical props in his hand—sometimes in a bag, but, as a rule, he would carry them in brown paper. It was I who introduced him to Goldstein. I had never taken a parcel to Lavington's for Goldman before; I took parcels for Messrs. Hyams regularly every day.
GEORGE MILLER .I carry on business as Bolitho and Co., at Ludgate Hill. Goldman has been in my employ for four years at a salary of 15s. a week. He also occasionally sings as a music-hall artiste under the name of Sid Stuart. On February 7 I noticed that there was a leakage in the trimmings and mentioned the matter to my assistant. On the Saturday, at about three minutes past nine, on entering the passage which leads to my shop, I met Goldman coming out with a parcel. I said, "What is the parcel, Goldman?" He said, "Carter Paterson." I said, "It is very early in the morning for Carter Paterson; to whom is it going?" After some hesitation he gave me the parcel and I saw the name "D. Goldstein" on it. I said, "This is not one of our customers." He said, "No." I said, "Does this man know that this parcel is coming?" He said, "Yes." When the parcel was opened I asked him how long it had been going on. At first I was told it was the first time. I said, "Now, my boy, up till this morning I have looked upon you as truthful and honest; I have found you out thieving. Now give me the whole truth of the matter." Then he admitted that it had been going on for six or seven months. I then sent for the police and they took him to the Bridewell. I afterwards went with the police officers to Goldstein's. Inspector Hallam told prisoner that Goldman had been taken to Bridewell and had admitted having stolen a parcel containing trimmings, which parcel was addressed to him, and had further admitted that several other parcels had been sent by him from Bolitho's to prisoner. Prisoner said he had no knowledge of it; that he did not know anyone of the name of Goldman; he had never seen him in his life. In the basement we found a quantity of goods, mostly ladies' material, a small piece of black lining, and a wrapper sent on January 21 or 22; it was in Goldman's handwriting on one of our labels with the name of the firm cut off; on the other side there is the name of one of my
woollen merchants; it is partly destroyed, but there is sufficient to distinguish that it comes from Borthwick and Ingram, of Hawick, N.B., and is sent to Bolitho and Co., of Ludgate Hill. The other wrapper produced is the wrapper of the parcel that I caught Goldman taking out.
Mr. Purcell objected to the evidence as not being evidence against the prisoner, but against Goldman.
Judge Lumley Smith ruled that it was admissible as part of the story, although it might or might not affect the prisoner.
At Goldstein's house we found this three-quarters of a yard of black lining, which is similar to the one that I have in my vest at the present time, and there were similar goods in the parcel; I claim that it is my stuff. I had never heard of Goldstein before. He had never been a customer of ours. After that we went upstairs, and there there was a tin trunk, locked. Prisoner said that it belonged to his brother, who was connected with the Amateur Professionals, or something of that sort. While this was going on the prisoner made a movement to pass something to his mother. The inspector said, "What is it you are trying to pass?" He said, "I am trying to pass nothing." "You have something in your hand?" "Yes, I have got a bit of paper." "You have got some thing else?" "No, I have not." "Yes, you have." "I have got my purse." Then the inspector said, "Give me your purse." When the purse was opened it contained a card of Sid Stuart's. The card produced is the one. I pointed out that this was a new address, and prisoner said he had not seen Goldman for six months; he had quarrelled with him and this address had been sent on to him by a friend. The inspector told him that he would have to be taken into custody and he was taken off in a cab. In the cab he remarked to the inspector that he had never bought any goods, but he had bought some rags from Goldman, or Sid Stuart, just before Christmas. I said, "You said that he had never been in your place"; he said, "No, he did not come in, I bought them outside."
Cross-examined. The three-quarters of a yard of stuff is a commodity that you could buy in any shop. I know that Goldman says that that is not my property because it is of too common a quality for my shop. I think he is making a mistake of judgment. I did not tell Goldman that he would be let go free if he made a statement implicating the Goldsteins. If Goldman has sworn that I said that he has misunderstood me. What I said was, "Now, Goldman, I have always looked upon you until this morning as being honest, and I want you to be truthful, and by being truthful you will get greater leniency." I was present at the time Goldman was being questioned by Inspector Hallam and Sergeant Digby; he was told that he need not answer the questions or say anything, but that what he did say would be taken down and given as evidence against him. I did not tell the police officers that I had told Goldman that it would be better for him if he told the truth. When I went with Inspector Hallam to prisoner's house and Goldman was mentioned prisoner said, "I do not know Goldman; I have never had anything from him in my
life." When the card was produced with Sid Stuart's name on it I said, "That is Goldman's professional name." Then Goldstein said, "I know Sid Stuart; I did not Know his name was Goldman." The statements made by prisoner were purely voluntary, and not in reply to questions put to him.
Re-examined. I did not mention the name of anyone to Goldman as the person who had received this property.
Inspector FRANK HALLAM, City Police. On February 8 I went to 47, Havering Street, where I saw prisoner. I said, "We are police officers, and this is Mr. Miller, of the firm of Messrs. Bolitho and Co., Ludgate Hill. We have a young man in custody named Samuel Goldman, who has been discovered stealing a parcel containing trimmings, the property of his master; he has stated that he has been stealing goods during the past six months, and that you and your father have been receiving them." Goldstein said, "I do not know Goldman; I have never had anything from him in my life." I then said, "I understand you have some goods down in your basement; would you allow me to see them?" He hesitated for a time, then he took me down. I saw a quantity of goods on shelves, and amongst them found the brown paper wrapper and the piece of lining which have been produced. Later I went with Mr. Miller, the prisoner, and prisoner's mother to the bedroom, and while there I saw prisoner putting something in his pocket. I said, "What have you got there?" He produced a piece of paper and a purse. In the purse I found the card which has been already produced, bearing the name of Sid Stuart. Mr. Miller said, "That is Goldman's professional names," whereupon prisoner said, "I know Sid Stuart; I did not know his name was Goldman; we fell out before Christmas." I then arrested prisoner and his father, and conveyed them in a cab to Bridewell Police Station. On the way prisoner said, "Goldman brought me a parcel of rags early in January; that is all I have had." I said, "You told me that you had fallen out before Christmas with Gold-man;" he then said, "He brought it all the same." I took him to the station, and confronted him with Goldman, who pointed both prisoner and his father out; they were eventually charged, and made no reply. I produce the postal order for 5s. which was produced at the police court by Snapper and identified by Goldman.
Cross-examined. I found a large quantity of dress material in prisoner's possession. All the marks of identification, such as tickets, had been taken off, and we were unable to trace any of it.
Mr. Purcell: I submit, formally, that a witness cannot refer to a book that is not in his own handwriting.
Judge Lumley Smith: I think that is actually, strictly correct, that you cannot produce a book in somebody else's handwriting unless you did something to it in pursuance of that matter. Did you do anything to it yourself?
The Witness: No; that also applies to the other book.
William Stewardson, having been sworn,
Mr. Purcell objected to this witness on the ground that his evidence referred to
the delivery of a parcel which was not specifically referred to by any other witness resting his objection on the last line of the deposition.
Judge Lumley Smith ruled that as Goldman had not referred to that particular parcel the evidence was not admissible in this case.
Mr. Purcell took the same objection to the next witness.
After some discussion, Judge Lumley Smith ruled that as his evidence related to the dated wrapper found in prisoner's possession, inasmuch as prisoner had said that he had not seen Goldman for more than six months, the fact that a parcel had been sent to him in January, and retained by him, was of some materiality to the issue.
JAMES WALTER BUBBERS , carman to Carter Paterson and Co. On January 23 I delivered a parcel at 47, Havering Street addressed to prisoner. It was received by prisoner's mother, who made a cross on the way sheet.
DAVID GOLDSTEIN (prisoner, on oath). I live with my father and mother at 47, Havering Street, and have been carrying on business there as a job buyer with my father. We deal in ladies' dresses and that sort of goods. This is the first time; in my life that I have had a charge of any kind brought against me. I have known Goldman in the name of Sid Stuart for about six or eight months. He was introduced to me by Mr. Zeff. Goldman's statement that he has sent me property which he has stolen from his master is a deliberate lie. I have had parcels left with me containing his theatrical outfits, which have been sent to me wrapped in brown paper. I have never paid Goldman money for property which he stole from his master. The postal order for 5s. was in payment of some money I had borrowed from him on the previous Friday afternoon. The three-quarters of a yard of lining is ladies' material; it might also be used for men's clothes. I bought it from a man in Commercial Road amongst a job line of lining. In the cab on the way to the station Inspector Hallam asked me if I ever dealt in rags; he then asked if I ever bought any rags from Stuart. I said, "No. He once sent me a suit of rag outfit as he appeared in a very low type of comedian." He told me one day that he was going to sing at a place called the King's Hall as a beggar in a costume of rags, and that he would send it on to my place and as he came round my way would call for it. He did not sell it to me. He has sent his theatrical clothes to me five or six times.
Cross-examined. The wrapper on the parcel that was brought to me by Carter Paterson is in Goldman's handwriting. He was going to sing at Poplar Workhouse, and as he lived at Highbury he would not have time to go home from work to fetch the things. He asked if I would mind if he sent the parcel on to my place and called for it on his way to Poplar. It is untrue to say that he never left a brown paper parcel at my place. The two parcels brought by Lavington's also contained theatrical outfits. I do not know anything about the parcel that Goldman had when he was arrested, or why it was addressed to me. I have never had any dealings with him in my life. I have received a similar parcel from him previously, but I do not know what it contained because I did not open it. When he came for the parcel he took off the outer wrapper with the label on it and
left it; the parcel was wrapped in another brown paper wrapper inside.
Several witnesses to character were called.
Inspector Hallam said that prisoner had a good character as far as the police had been able to find out.
Sentence, Eight months' in the second division.
BEFORE MR. JUSTICE BUCKNILL.
(Friday, March 6.)
Mr. A. E. Gill and Mr. Leycester prosecuted; Mr. A. W. Elkin defended.
ELIZABETH MAUD BAINES , living with her husband, Joseph Henry Baines, at Pond Place, Chelsea. Prisoner lived near me at 75, On slow Dwellings, and I have known her four and a half years. She was living with her husband, who works for the Westminster City Council. She had two children—Daisy, aged four years; and Norah, aged one year and nine months. They were very respectable people indeed. The children were kept very clean and prisoner seemed to be very fond of them. As far as I could tell, she got on well with her husband. On January 28 I saw prisoner at 20 minutes to 12 o'clock. I was in my front sitting room and saw her through my window in the street. I was singing to my children. She said, "You are singing. Have you done all your work?" and nodded her head towards the door. I went to the door and she said how bad her head was. I said, "Why don't you have a seidlitz powder. Perhaps that will do you good?" She said, "No, I won't. I am going to get a powder for my head and I will take the baby with me. When I come back perhaps she will go to sleep for a little while, and if she does I will lay down with her." I said, "I should, if you can spare the time." She then went away in the direction of her own home. I next saw her at twenty minutes past four at my street door. She seemed to be in a dazed condition. She said, "My head is still so bad." I said, "Is it not better?" and she said, "No, I must tell you my baby is dead." I said, "Dead!" She said, "Yes, I have cut its throat." I said, "Oh, Mrs. Money!" She asked me to let her sit down on a chair. I said, "Woman, you cannot in a case like this. Come through to the back and I will call Joe"—meaning my husband. She came through to the back and sat down on an old chair. She seemed then to be in a kind of collapsed condition, as if she was going to faint. When my husband came she said again she had cut her baby's throat. She added, "I have also cut my own throat." With that he went straight out and got two constables. Mrs. Money
also said she had taken some stuff out of a bottle. She had a bandage round her neck.
Cross-examined. The whole time I have known prisoner I have known her as a very respectable and very clean woman. She has never told me that she suffered from severe pains in the head and want of sleep.
At the request of Mr. Elkin the depositions of an aged witness, a Mrs. Culverness, taken before the coroner were read. She deposed that prisoner had said to her that her head was so bad she thought it would drive her out of her mind.
Police-constable RICHARD JONES, 374 B. On January 28, about five in the afternoon, I was called to 75, Onslow Place. Going there in company with another officer I saw prisoner sitting in a chair. She appeared to be in a dazed condition. I said to her, "What is the matter?" She said, "I have killed my baby; I done it with a razor." She had a scarf round her neck and on loosening it I saw a cut across her neck and some dry blood. I sent the other constable for a doctor. I asked her where she lived and went with her to 75, Onslow Dwellings. In the inner room of her dwelling-place I found a child lying on the bed with its face covered with a shawl. I pulled the shawl away and saw the child's throat was cut. I gave prisoner the usual caution and she said, "I did it about half-past 12." After the doctor had examined both her and the child she said, "I have had trouble with my husband. I have had some stuff out of a bottle my husband cleans his buttons with. There was only a little." On a shelf in the bedroom I found a razor with dry blood stains upon it and the bottle produced was in the sink.
Police-constable JOHN FORD, 192 B, gave similar evidence. In cross-examination he said he noticed that prisoner seemed to be in a dazed condition.
JAMES HAMILTON , medical practitioner, 60, Sydney Street. Chelses. On January 28 I was called by last witness to 2, Pond Place and afterwards went on to 75, Onslow Dwellings. I found prisoner sitting in her room. On examining her I found a superficial incised wound across the carotid on the left side of the neck, not of a serious nature, to which I applied a temporary bandage. I found the body of the child in the next room. The pillows were saturated with blood. I found a deep wound three-quarters of an inch above the breastbone extending for 1 1/2 m. on the left side of the middle line of the throat. Prisoner was sitting in a chair looking stupified. She was all on the work; her nerves were all shaking. I had no conversation with her which would indicate her mental condition.
To Mr. Elkin. I have general acquaintance with signs of insanity. I do not know whether it is more difficult for insane persons to inflict wounds on themselves than on others. I agree that a person who is insane may take a dislike to persons they otherwise love. Domestic troubles would be a cause of insanity. The condition of the prisoner was consistent with her having had an attack of acute in-sanity.
Onslow Dwellings. The child had then been dead several hours. Prisoner was in a dazed condition and did not seem to realise the gravity of the act she had committed. I agree with the last witness in other details. I made a "post-mortem" examination of the child. The stomach was fairly well filled with milk and farinaceous food. I examined the bottle produced. It contained traces of oxalic acid. I examined the inside of prisoner's mouth, but there were no signs of erosion such as I should have expected to find had she taken any quantity of the acid. The absence of erosion would indicate either that the solution was very diluted or that she had taken a very small quantity.
To Mr. Elkin. The child appeared to be well cared for. Any deep emotional disturbance might predispose to mental aberration. I do not think the fact of her husband having rebuked her for pawning things would have affected her unless she had been predisposed to insanity. My experience does not enable me to say that an insane person finds it more difficult to inflict wounds upon himself than upon others. It would, of course, be easy to inflict a wound upon a little child. It is a sign of insanity when a person takes a violent dislike to one he would naturally love. After an attack of acute mania has passed the patient might be left in a dazed, nervous condition; such a condition would at all events not be inconsistent.
Detective-inspector ALFRED WARD, B Division. On January 28 about seven o'clock in the evening I saw prisoner in custody at C✗else a Police Station. I told her who I was and charged her with the murder of her daughter Norah by cutting her throat. She said, "Yes." I cautioned her. She was formally charged and made no reply. I then went to 75, Onslow Dwellings and saw the body of the child on the bed. Apart from the traces of blood the rooms were exceedingly clean and tidy. There was food in the cupboard, there were no signs of want, and everything had the appearance of a comfortable working man's home. I was rather struck with the condition of the place, which, in my opinion, was above the ordinary.
To Mr. Elkin. My inquiries did not show that prisoner was addicted to drink. On the contrary, they show that she is a highly respectable woman and her husband is also a highly respectable man in good work. With regard to the alleged disagreement between husband and wife, my inquiries show that the cause of the trouble was that some time ago the husband had to complain of his wife's conduct in pledging a few things. Everything, however, appeared to have been squared up between them and they were living on very good terms until the night before the occurrence, when some question arose as between husband and wife respecting her wedding ring, which he found his wife had pledged again. He was very much upset, and in consequence they had a few words. The husband, who was apparently going out to see some friends, said he would not go, and, so far as I can gather, did not speak to his wife again that evening, and instead of going to bed lay down on the couch in the living room and slept there all night. When prisoner went to bed about 10 o'clock I believe she covered her husband up with some coats.
The following morning he got up as usual, had his breakfast, and went to work. It was his practice to kiss his children and wife and say, "Good bye." but he did not do so that morning. I have been told by the husband that he gave his wife 26s. a week out of 30s. that he was earning. He is not a man who drinks or spends any money in riotous living, but seems to have come straight home from his work and remained there. I understand that in October last, when they had words, she threatened to drown herself and the children.
Mr. Justice Bucknill publicly thanked the witness for the fair way in which he had given his evidence.
AMY TABRETT , matron, Chelsea Police Station. When prisoner was in custody I had charge of her. She remained at the station on the night of the 28th, and had a broken sleep. In the intervals she said that she and her husband had had a quarrel because she had been pawning some things, and also her wedding ring. Her husband slept on the couch, and she went to bed but could not sleep because her head was so bad. After her husband went to work she got up and cleared up the house. Still her head was terribly bad. She went down to a neighbour and told her this and the neighbour told her to go upstairs and lie down. Her baby then was crying very much, and she went to the couch and got two cushions and laid them on the bed. The baby would not go to sleep nor lie down. Her head was terribly bad and she could stand it no longer. She ran to the mantel-piece, took a razor and cut the baby's throat. She then went to the glass and began to cut her own but dropped the razor. She then lay down on the bed and hugged the baby, hoping they would both bleed to death. She then got up and tidied the room, changed her apron, and went out, thinking her husband might finish her when he came home. Prisoner seemed quite calm and quiet.
JOSEPH MONEY , carman to the Westminster City Council for five years and previously in the Rifle Brigade for 11 years, said he had been married to prisoner five years and they had lived happily until the last three months. She was a good mother and most affectionate and loving to the children. She had suffered from severe pains in the head for the last 12 months. Before January 28 her manner had been very strange and dazed, and she did not seem to know really what she was doing. She was a great sufferer from constipation. She was much distressed at not being able to send money to her mother, and constantly referred to a letter she had received from her brother-in-law asking her to contribute to her mother's maintenance, but he could not say for certain that the money she obtained by pawning things went to her mother. On the night of the 27th priSoner asked him about 10 o'clock to come to bed, but he refused to do so, and she covered him with some coats. She was then trembling from head to foot. Lately several small things had happened at home. For instance, one Sunday she went to the soda jar for some soda and returned without it.
ANNIE ERNST , a blind lady living at 73, Onslow Dwellings, gave evidence to the effect that on the morning of January 28 Mrs. Money knocked at her door and said, "I cannot do nothing this morning; my head is so bad. I have to hold the brush with one hand and with the other I have to hold my head." Witness said, "Oh! I am sorry for that." Prisoner added, "I feel I could take a carving knife and cut my head off. Witness recommended her to go and lie down.
Dr. FULLERTON, deputy medical officer, Holloway Prison, stated that when prisoner was received on January 29 she was in a condition of mental stupor and very depressed, and complained of very severe headache. Her appearance was careworn and depressed, and her condition consistent with an attack of acute mania. She stated that she had suffered from severe pains and insomnia for some months and had formed the idea of suicide. He formed the opinion that after she had inflicted the wounds on the child she had suffered from temporary loss of consciousness. Her memory appeared to be very defective with regard to the occurrence. She was in a condition of transitory melancholia when received, and had probably been melancholic for some time. People suffering from melancholia were very prone to take their own or other people's lives. He considered she was insane at the time she committed this act.
The jury found the prisoner Guilty, but insane at the time, and the Judge ordered her to be confined until a further order shall be made by the authorities.
Mr. MacDonald prosecuted; Mr. Beaumont Morice defended (at the request of the Court).
EMMA GALLAGHER , wife of a carman. On February 11 I was passing the door of the house where prisoner lived in Malvern Road, and in consequence of what was told me by a boy I went upstairs and saw prisoner bugging her little boy to her chest. She was covered with blood. When she saw me she said, "Good God, Emma, what have I done?" I went towards her and found the baby's throat cut. I said, "What have you done this for?" She said, "I have not done it. My husband has done it." I then went and fetched her husband. They have two children. The house was clean and tidy. I cannot account for her having done this, only that she said her husband had been beating her. I do not know whether there is any truth in that. Prisoner does not drink, and has always borne a good character.
To Mr. Beaumont Morice. At Paddington Infirmary prisoner said she wished she was dead. She was fond of the child, and I do not think she realised what she had done. She looked dazed. I think she would have done injury to herself if I had not stopped her.
Police-constable ARTHUR DAY741 X. On February 11 I was called to prisoner's house. She said, "There is the knife," pointing to a knife on the table. "I did it. It is all through my husband knocking me about. I am black and blue all over." I cannot say if there is any truth in
the statement. I have made no inquiries about it. Prisoner seemed very dazed. She did not seem to be exactly sane; her gate was fierce and vacant.
GEORGE ROBERTSON , divisional surgeon, X Division. On February 11, at four in the afternoon, I was called to No. 4A, Malvern Road, Kilburn. In the back room on the second floor I saw the boy lying on the bed with a cut in his throat about 4 in. in length on the left side. His life was saved practically by the knife coming across the apple of the throat. He was very blanched, but bleeding had ceased. I applied a light dressing and sent him to the infirmary. I saw prisoner, who said, "I did it; there is the knife that I done it with." She said she had done it because her husband beat her. I do not know whether that is true. She pointed to a mark on the upper lip, which she said had been done by her husband, but I could not make it out. The child is convalescent and able to run about. The woman seemed dazed, but I could not say she was either drunk or insane. I sent her to the infirmary for further observation.
Detective GEORGE GIBSON, X Division. On February 12 I saw prisoner and spoke to her about the case. She said, "I did not mean to kill him." Prisoner bears a good character and is very clean. She and her husband are very respectable people. She had a wild look and did not seem to realise what she had done.
Detective-inspector EDMUND POLLARD, X Division, deposed to arresting prisoner, who made no answer to the charge. She seemed in a dazed and confused state, and very despondent. She did not appear to understand what was said nor to realise her position. He conveyed her to the infirmary in a cab, and on the way she said, "Is my boy alive? My husband has driven me to this by his drunken habits. He gave me the knife a week ago and asked me to cut his throat it with it." On the following morning she apparently realised her position, because she cried. On the way to the police court in a cab she said, "My head is so bad, I do not know what I have done." She was very ill and almost fainted on two occasions and witness had to get her some brandy. The home was clean and tidy, and she had very good, clean clothes on, apparently made by herself. She was very fond of the child, and apparently there was no motive for committing the crime. The husband has been a licensed messenger many years, and prisoner is his second wife.
To Mr. Beaumont Morice. So far as I know, she is a hard-working respectable woman.
For the defence, Mr. Beaumont Morice called Dr. Fullerton, the deputy medical officer of Holloway Prison, who stated that prisoner at the time of her admission appeared to be very dazed and tremulous. She had very little recollection of what had happened and was suffering from delusions and was insane at the time. She was no dou t✗ insane at the time she committed the act. She stated that she had heard voices. The delusion of hearing voices and the delusion of persecution was one of the most dangerous forms of instanity.
This condition of delusional insanity lasted for about a week after admission and gradually diminished.
Verdict, Guilty, but insane at the time.
Mr. Justice Bucknill ordered that prisoner be detained until further order from the authorities.
BEFORE THE RECORDER.
(Friday, March 6.)
WOODS, James (26, labourer), pleaded guilty of breaking and entering the shop of A. W. Gamage, Limited, and stealing therein a quantity of jewellery and feloniously receiving the same; damaging one plate glass window, value £18, the property of A. W. Gamage, Limited.
Previous convictions proved: October 1, 1904, 18 months at Middlesex Sessions for stealing a bicycle after two previous convictions of three and six months for larceny; stated to belong to a gang who have committed a large number of shop burglaries in the City and West End.
Sentence, Three years' penal servitude.
ELDRIDGE, William George (35, brushmaker), BROOKS, Arthur (28, carpenter), pleaded guilty of both breaking and entering a certain church, to wit, All Saints Church, Hatcham Park, with intent to commit felony therein.
Eldridge was proved to have been convicted 13 times, commencing in 1891, for larceny, etc.; stated to be an expert thief frequenting railway stations picking pockets. Brooks had received two short sentences; stated to have been in regular employment, but to have latterly got into bad company.
Sentences: Eldridge, Five years' penal servitude; Brooks, 12 months' hard labour.
Prisoner was stated to have borne an excellent character for 10 1/2 years, and to have yielded to temptation when very poor—when casually employed at the Post Office. The Recorder stated he would, under the circumstances, adopt a course almost unprecedented in a Post Office case, and discharged prisoner on his own recognisances in £25 to come up for judgment if called upon.
After medical evidence as to his mental condition, prisoner, being a clerk in holy orders, was remanded in custody till next Sessions; when having completed the steps already begun to unfrock himself,
the Recorder intimated that prisoner would be released on recognisances of two sureties in £100 each to come up for sentence if called upon.
HOLLAMBY, Douglas (22, traveller) ; stealing one letter, containing two postal orders, value 10s. and 15s. respectively, the goods of Felix Arthur Newbery; forging and uttering certain receipts for money—to wit, receipts for the sums of 10s. and 15s. respectively, in each case with intent to defraud; forging and altering a certain accountable receipt—to wit, an entry in a Post Office Savings Bank deposit book of the sum of 25s., with intent to defraud.
Mr. Forster Boulton, M.P., and Mr. A. J. Lawrie prosecuted; Mr. Bircham defended.
MABEL LILIAS GUILD , 177, Sloane Street, skin specialist. On November 21, 1907, I wrote a letter to Felix Newbery, 21, Bedford Chambers, Covent Garden, enclosing two postal orders for 15s. and 10s. (produced), and of which I hold the counterfoils. I filled in the name of Felix Newbery in the body of the orders, crossed them, and handed the letter to my servant, Florence Donaldson, to post.
FELIX ARTHUR NEWBERY , proprietor of "The Gentleman's Journal," 26, Shaftesbury Avenue. I live at 12, Churchill Road, Dartmouth Park. Before taking my present offices I arranged with Mr. Arnell, lessee of 21, Bedford Chambers, to receive letters for me. For the first six months I used to call for them myself, having a key of the premises. I afterwards sent my clerk, Low, or my manager. I never received postal orders produced; the signatures to them are forged. Mrs. Guild wrote to me asking why she had not received a receipt, and, from information I received, I gave prisoner into custody on January 29, 1908. I have known prisoner since August last, having seen him at 21, Bedford Chambers writing at a desk in Arnell's offices. I used to go for letters myself in June last. My letters and those of Arnell were put together on a table, and whoever got there first sorted them out and took his own.
Cross-examined. I have seen Leslie Hollamby, a brother of the prisoner; he was the same height, and like the prisoner. I do not know that Leslie was employed by Arnell. I have seen both brothers in Arnell's room. I complained to the Post Office on November 28 and waited about a month, when they wrote stating they were inquiring.
Re-examined. I have seen Leslie Hollamby once in Arnell's office. The prisoner has always been engaged in clerical work; I have not seen Leslie so engaged.
HENRY LOW , 30, Roman Villas, East Finchley, clerk to Felix Newbery. It has been part of my duties to fetch Mr. Newbery's letters from 21, Bedford Chambers, having his key. I used to examine the letters, select those of Newbery, and take them away. I have seen
the prisoner engaged in Arnell's office as if he was a clerk. I have not seen Leslie there to know him.
Cross-examined. I have seen prisoner there once to my knowledge. When I went for letters I found the door locked, unless Arnell was already there.
Re-examined. I never saw prisoner there alone. I think Arnell was an agent for pipes. I do not know what his business was.
CHARLES EDWIN TOWNSEND , overseer, W. C. District Post Office. A letter posted at Sloane Street Post Office between three and five p.m. would be delivered in the ordinary course at Bedford Chambers at 6.20 p.m. or 7.40 p.m.
CHARLES JAMES SHEARWOOD , 77, Queensmill Road, Fulham Palace Road. On November 22 I was a clerk in the Charing Cross Post Office, on which day the two postal orders for 15s. and 10s. produced were handed to me by a man, who opened a savings bank account. I took them as a deposit for £1, handed him 5s. change and the bank book produced, which contains the entry in my writing, "November 22, £1," and stamped by me "November 22, 1907." The second "2" of the stamp has been obliterated, making it appear "November 2." The applicant signed the name "Felix Newbery" in the book and signed an application form, which I gave him in the same name. I do not recognise the prisoner.
Cross-examined. I had a great number of such applications. I am now unemployed. I have been for some years in the employ of the Post Office, and it has been my duty to check signatures. Looking at specimen of the prisoner's writing, it is very like that in the book and in the application form. I should say it is the same handwriting, but written backwards. I said at the police court that the deposit book and Exhibit 7 were not the same. The signatures on the postal orders are not in the same writing as those in the book and application form. In paying out a withdrawal we usually look at both the stamp and the written date. I should pay greater attention to the stamp.
MARTHA ELIZA TILBERY , assistant sub poet office, Vauxhall Bridge. On November 22, 1907, at about three p.m., a man whom I identify as the prisoner presented book (produced), and said, "I wish to withdraw 19s. from my account." I handed him demand note (produced), which he filled up, writing 19s. in words and figures and "Felix Newbery" three times thereon. The date, "November 22, 1907," and name of post office "Charing Cross, W.," are in my writing. Prisoner handed me the book and the envelope (produced), addressed by him for the book to be checked at the General Post Office. I then handed him 19s. and he left. It is against the regulations for a withdrawal to be made before three days after the deposit. It is usual to look at the writing and the stamp. In this case I only looked at the stamp, which showed the date of deposit as "November 2." As soon as prisoner had left I discovered that the withdrawal was irregular. I forwarded the book to the General Post Office. Four or five days afterwards prisoner called and I recognised him. He said, "Has my book been returned to me from the post office?" I said
it had not, and pointed out to him that the withdrawal should not have been made as the money had only been paid in on that day He said, "Yes, after I deposited the money I found I wanted it again." He left, and three or four days afterwards called again and asked if the book had been returned. I said, "No, but I have a letter here for you from the Savings Bank Department." It was addressed to Felix Newoery✗, in accordance with the address given. I handed him the letter and he left. Inquiries were afterwards made and I gave written description of the prisoner (produced). On January 29 I picked the prisoner out from nine or 10 other men without hesitation. I am quite sure he is the man.
Cross-examined. Vauxhall Bridge Post Office is also a shop. It is rather busy. There are several hundred customers in the day, and there is practically always someone applying to me on post office matters. I sit behind a wire screen. When I went to the G.P.O. on January 29 I knew I was going to identify a man, and picked out the man I had described. I knew prisoner by sight. (To the Judge.) The description was arrived at by having seen the man on several occasions and talking to him.
GEORGE BROOKS , commissionaire, housekeeper, Bedford Chambers. I or the lift man receive letters and distribute them in the different chambers, entering the various rooms by a master key. I have seen prisoner a great number of times; I understood he was in partnership with Mr. Arnell, of whose chambers he had a key. There were four keys of those chambers: Arnell had one; his partner Haile another; another gentleman had one, which was not given up; and prisoner had a fourth. I knew prisoner as Mr. Hollamby. I have seen his brother there; the last time was about February 6; I met him on the steps. I first heard of the loss of a letter a fortnight after that. I have seen prisoner's brother two or three times in all; within the last two or three months. He was not employed there to my knowledge. He is a little like the prisoner, about the same height, not quite so stout, clean-shaven, dark hair. I should not mistake one for the other. I have also seen a second brother, who asked if Mr. Arnell was in. Some of the chambers are residential and some offices; Arnell's were pure business. When prisoner received letters it was not usual to ask for a receipt, but on the last occasion I took a receipt from him because I was informed about this matter, and was asked to.
Cross-examined. I was there in June. I do not know that lesile Hollamby had a key. On one occasion he said he had come for letters for Mr. Haile.
Re-examined. I never saw the brother in Arnell's rooms to my knowledge. On the one occasion I speak of I may have gone in to see if there were any letters for Mr. Haile and there were none. He said he expected one from Mr. Haile with cash in it.
ARNOLD WHITE BRUCE , clerk in secretary's office, G.P.O. On January 29 I gave instructions to Police-constable Blake, and later on the same day I saw prisoner at the G.P.O. I cautioned him and said, "You have been in the habit of calling for letters addressed to Mr.
Arnell and Mr. Haile at 21, Bedford Chambers. Is that so?" He said "Yes." I said, "Do you know if anybody else called for letters there?" He said, "Yes," The Gentleman's Journal' people; Mr. Arnell and my two brothers, Reginald Charles and Leslie Knowles Hollamby." I said, "Do you know where your two brothers are?" He said, "No, I wish I did. They are both in appearance the very spit of me, and I am frequently being taken for one or the other of them." I said, "Did you call for letters there in the latter part of November last?" He said, "Yes, I have been in the habit of calling there for letters for some time." I said, "Had you authority to call for them?" He said, "Yes; from Mr. Arnell, and I have always signed for them whenever I called for them, either to the commissionaire, Mr. Brooks, or to the lift boy." I then showed him the two postal orders produced and said, "These two orders were enclosed in a letter addressed to Felix Newbery, Esq., 21, Bedford Chambers. Mr. Newbery says he has not received them. Do you know anything about them?" He said, "This is the first time I have ever seen them." I then showed him the demand note, deposit book, and cover. I said, "These two orders were deposited at Charing Cross Post Office on November 22, and later on the same day a withdrawal of 19s. was made at Vauxhall Post Office. Do you know anything about that?" He said, "No, I have never seen those things." At my request he then wrote at my dictation what appears on Exhibit 7. I asked him if he would mind being put up for identification. He said, "No." he was put up with nine others of similar appearance and Miss Tilbery at once picked him out. I do not think any of the men had a beard. It is part of my duty to consider the question of handwriting. In my opinion, the whole of the three documents were written by the writer of Exhibit 7.
Cross-examined. I received a letter from Arnell saying he would try and bring the prisoner to Chancery Lane. Prisoner gave me the information I asked at once and denied all knowledge of the matter. Some of the men put up with prisoner had moustaches. I could not say how many. He asked for the clerk at the Charing Cross Post Office to be brought. He was not brought as he said he had no recol lection of the person. He has been dismissed since this transaction; at had only seen prisoner once.
Re-examined. I got into communication with Arnell, in trying to trace the prisoner, through an agent for Bedford Chambers, who gate me Arnell's address, and Arnell gave me the prisoner's father's address.
Detective ALBERT BLAKE, General Post Office. Prisoner was brought to me in Chancery Lane by Arnell on January 29. I told him who I was and asked him to come to the G.P.O., which he did. He said, "I am quite willing." He gave his address—3, Josephine Avenue, Brixton, where I have since been. I saw prisoner identified by Miss Tilbery. She at once picked him out without any hesitation from about nine others taken from the Registry Office, resembling as much as possible the prisoner. He made no objection to any of them
and selected his own position. He was afterwards charged at Bow Street and made no reply.
Cross-examined. I have been to the prisoner's previous residence at Fentiman Road, but could not see the landlady—she has written me a letter. All those put up with prisoner for identification were clean-shaven. I picked out the men—choosing those who had no moustache.
DOUGLAS HOLLAMBY (prisoner, on oath). In November, 1907, I was living with Arnell, sharing rooms with him. Previous to that I had been for seven years, up to March, 1907, employed by G.T. Congreve, Rye Lane, Peckham, consumption doctor. I had an accident and broke the top of my collar bone, and that kept me out of business for about five months. My two brothers, Leslie and Reginald, lived with Arnell and me. Both are very like me—Leslie especially—and I have been frequently taken for him. I have heard that directly Leslie found I had been charged with this offence he left for Buenos Ayres. Reginald is about town. I am 5 ft. 10 in., Reginald 5 ft. 11 in., and Leslie 5 ft. 10 3/4 in. I was never employed by Arnell but he has asked me to go to Bedford Chambers for letters. Leslie had a key. We three brothers frequently wore each others fancy waistcoats, and, happening to be wearing one of Leslie's, I returned it to him, leaving Arnell's key in the pocket. We have frequently applied to him to return it, but he would not give it up. Arnell, in consequence, obtained his partner Haile's key. I know nothing about the signing of the various documents produced. I have been many times at the Vauxhall Bridge Post Office for stamps, etc.; it is close to where I lived. Exhibit 7 is in my writing. I never cashed the two postal orders at Charing Cross Post Office, nor opened the banking account there. I never knew of the loss of the letter until January 27, two days before I went to the G.P.O. Looking at the forged signatures I do not recognise them as my brother Leslie's writing. If I had been asked, apart from this case, if they were Leslie's writing, I should have said, "Certainly not." He is rather clever in disguising his handwriting. I think these are in a disfguised hand. When I met Detective Blake I told him I wished to have this accusation cleared from my name, that was the reason I came up two days after I heard about it. The persons put up with me for identification were dressed altogether differently, in black clothes such as clerks wear, I being in a green suit.
Cross-examined. I suggest that my brother Leslie forged these writings—they are not in his natural handwriting. I know Leslie is expert in disguising his handwriting, because he wrote a very insulting note to a gentleman friend of mine and that gentleman said it was my writing. (To the Judge.) Leslie is very like me in the face. (To Mr. Boultoon.) I lived from October, 1907, to January 1908, near Vauxhall Station, and frequently went to that post office. I did not know Miss Tilbery. I was generally served by a man. I was living in Vauxhall on November 22. Leslie was then living at 310
or 410, Clapham Road, opposite the Tube Station. He was out of work; he was going on the stage, end he used to come for music lessons at a house where Mr. Haile is living, opposite Vauxhall Station. I last saw Leslie in October, 1907, in the street—I did not speak to him. I spoke to him last in September, and asked him to return the key. He said he would not give it up, that it was handy for him to go up there to get letters for references if he wanted to, and write his own letters on Arnell's paper. Arnell asked him for the key in my presence. He set Araell at defiance and insisted on keeping it. I heard from Arnell on January 27 about the loss of the letter, and went up on the 29th. I think I passed Leslie in the street in November; I cannot be certain about the date. I believe I was in the Vauxhall Post Office in January; there are three ladies and one gentleman in the shop, but I should not recognise any of them. I have been employed for about a month as an agent by the Pearl Life Assurance Company. In November and December I was working for the Singer Sewing Machine Company. I left them because I got into a difficulty about some accounts. I have paid them. They said they did not expect they would require my services any more.
This cross-examination was objected to: Held relevant as prisoner had been put forward at a man of unblemished character.
I was employed for about three months by the Mainwaring Company, Sumner Road, Peckham, as a traveller on salary. I collected amounts. I had no dispute with them about accounts, but I was told I was not a good enough salesman. I did not do enough business, and was put on commission only, so I left. Mr. Mainwaring is a personal friend of mine. I was seven years in the business of Congreve, which has been established 100 years; J. A. Brown is the proprietor; he is a medical man of high reputation. I was out of employment in the early part of November, but I was doing work in getting people on the stage. I have lived with Arnell since May last at Acton, at Fentiman Road, and now at 3, Josephine Avenue. I did not assist him in his business, have never been to his office except to get letters for him, and have never been writing in his office. Brooks has mistaken my brother Leslie for me. Since I have been in Brixton Prison I had a letter stating that Leslie had gone to Buenos Ayres. I had a letter from Reginald, and believe he is in London. The incident of the waistcoat occurred in October, when my two brothers, Arnell and myself were living together at Alison Lodge, Alison Road, Acton. We were all on friendly terms, but as my brothers were out of employment and could not pay their way they suggested we should "do a guy"—leave the landlady without paying. We said we would not. Arnell and I paid and determined to leave. As we were going Leslie said, "You have my waistcoat," and I took it off and returned it with the key in the pocket. Arnell and I then took rooms at Fentiman Road, Vauxhall. I lived for three years with my people at 28, Hammack Road, Dulwich. In June last I cashed a cheque with Skinner for 10s., which was dishonoured. I overdrew my account without being aware of it.
Further Cross-examined. I do not know if the 10s. cheque was paid. I never received a letter from Skinner about it. I do not remember writing to Skinner. (Postcard produced.) I remember writing this: "July 3, 1907.—Be round to see you on Monday. Please be good enough to give me till then. I have got into a terrible hole."
Re-examined. The amount in question with the Singer Company was about 5s. Skinner took no steps about the cheque for 10s., and I believe it was paid. Leslie was living with my mother for two years without doing a stroke of work, and it was decided by my grandfather, who is our guardian, that my mother should live by herself, so that the boys should be put on their mettle to earn their living. As Leslie could not get a character he went to Arnell's office and wrote one in Arnell's name on his paper and got a situation, which he kept for a week. While travelling for Mainwaring I broke my shoulder playing football and had to leave his employ. I had saved about £22 and I got into betting company, lost heavily, and, not knowing my account was overdrawn, I drew this cheque to Skinner. Leslie was working for Arnell and getting a good salary. I was not very hard up in November. Arnell was good enough to help me, and my people also helped me to pay my way.
HUBERT FREDERICK CARSTAIRS ARNELL , 3, Josephine Avenue, Brixton Hill, clerk to Marks and Clerk, chartered patent agents, Southampton Buildings, Chancery Lane. For three years I had offices at 21, Bedford Chambers. Newbery part rented the office for about six months and had his letters directed there. I was in business as advertising contractor and employed a number of people, including prisoner's brother Leslie, who is very like the prisoner. I lived for some time with the three brothers, and, from last October, with the prisoner only, at 161, Fentiman Road, Vauxhall Park, 10 minutes walk from the Vauxhall Post Office. Haile lived opposite that post office. After Leslie was dismissed by me, I heard he was at my office several times and found him there two or three times. I dismissed him in September because I gave up my business—no other reason. I know he wrote his own character out on my paper. He told me so, and he came to my office to get the reply to it. I offered to write him a character for the time he was with me; he asked me to make it for two or three years, which I refused, and I was told afterwards he had written it himself. I asked him where the situation was and what he had written. He would not tell me. There were four keys of my chambers. I had one; Haile, my partner, had one; Newbery another, and Leslie, while in my employment, another. He gave it up in September, and I lent it to the prisoner, as I asked him to call for my letters. Shortly after that prisoner told me he had left the key in a waistcoat of his brother's, which he had returned. I asked Leslie for the key several times, and he said he had not got it, but in such away that I felt sure he had. I afterwards heard he had entered my office with the key. I saw Bruce about this matter and
informed the prisoner, who immediately offered to go and see them. The same night I wrote to Bruce making an appointment to meet Blake in Chancery Lane with the prisoner, which we kept. I did not give Bruce the prisoner's address, because he would not tell me his business. I went to the G.P.O. with prisoner and saw him identified by Miss Tilbery. Most of the men were very unlike the prisoner. Tilbery came in, looked up and down the line two or three times, and touched the prisoner. (To the Judge.) Leslie and all my clerks left because I gave up my business. I know Leslie's writing. Looking at the forged documents, "Felix Newbery" on one of the orders is somewhat like Leslie's writing—there is no real resemblance, but that is the one that is most like. The demand note is somewhat like his writing; it is not his ordinary writing. The signature in the book is not like his writing. I know prisoner's handwriting; he has a very backward writing—a flowing hand, very bad. I was present at the police court, but was not called. Our solicitor appeared for the prisoner.
Cross-examined. The postcard written by the prisoner is not written backward, nor in a flowing hand. I do not think it is much like the forgeries. The word "Newbsry" is not unlike the postcard. The postcard is very unlike prisoner's ordinary writing; I should not recognise it as his. Exhibit 7 is his ordinary writing. I have lived at three places with the prisoner, and he was living with me at 3, Josephine Avenue at the time of his arrest. I knew Leslie first, and engaged him in June, 1907, as a clerk to oblige a friend of mine. He was very hard up at the time. I used frequently to employ a lot of men as temporary clerks. I expected I should be able to send Leslie out, but I found he could not do anything. I kept him till September, when I gave up business. The offices are still in my possession, but unoccupied, the lease expiring next March. My rent is in arrear. Prisoner was hard up in November, but not in actual want. I kept him for some time, and also gave him money now and then. I do not know what excuse Leslie made about the key. I did not attach much importance to it. I gave instructions to the people not to allow him in. The porter told me he had been in, and there were traces of him. Prisoner writes a rather different hand now; I know he has been trying to improve his handwriting. I recognise Exhibit 7 as his ordinary writing.
ALFRED STANLEY HAILE , 22, Holford Road, Vanxhall, secretary and accountant. I have known the prisoner for about a year, having been introduced to him by my partner Arnell, and have always had reason to regard him as an honourable man. Leslie called on me at my lodgings on several occasions in November and December last—I live almost opposite the Vauxhall Post Office. I have always regarded the resemblance between the prisoner and Leslie as rather remarkable. Leslie was introduced to me by Arnell and a friend of his in a social way, and he was subsequently employed to do clerical work.
Cross-examined. I was a partner with Arnell for about two years, up to July or August last. Leslie was employed for a month or two prior to that. I went to Bedford Chambers from time to time and
sometimes gave Leslie instructions. Arnell, Leslie, and Newbery had keys. I have seen prisoner write, and have had letters from him, but could not be a judge as to his writing. I have known him for about a year rather intimately, and have always found him honourable, trustworthy, and honest. He has never been in our employment or a clerk in our office. I do not think I should know Leslie's writing very well, and should not care to express an opinion on it. Looking at the envelope, I do not recognise the writing at all.
EMMA LUCY MARTIN , 161, Fentiman Road, Vauxhall. Prisoner lodged at my house since October 1. I always found him a very nice gentleman, and was sorry when he left. I once opened the street door to Leslie Hollamby—I thought it was my lodger, the prisoner, until he asked for his brother.
HELENA MARY PINN , domestic servant, 161, Fentiman Road. I know the prisoner. I saw his brother Leslie enter the dining-room in front of the prisoner—I took Leslie for the prisoner, and had it not been for his manner I should not have known the difference. This was in the middle of December; prisoner had been lodging there since October 1.
Cross-examined. Leslie Hollamby came to Fentiman Road in December with his brother, the prisoner.
Verdict, Not guilty. The jury expressed the opinion that it was very injudicious of the Post Office authorities to allow an account to be opened by means of crossed postal orders.
BEFORE MR. JUSTICE BUCKNILL.
(Saturday, March 7.)
Mr. Muir and Mr. Bodkin prosecuted; Mr. C. F. Gill, K.C., and Mr. Curtis Bennet defended.
Mr. Mair, in opening the case, dwelt upon the necessity for corroboration. According to the story of the prosecutrix, with whom prisoner had unquestionably had immoral relations, prisoner had procured abortion eight times. As in cases of breach of promise, the jury could not find a verdict unless the story was corroborated in material particulars. (Wiedeman v. Walpole, 1891, 2 Q.B., 534.) On one occasion prisoner found prosecutrix, who was then living in his house as a servant, writing a letter to a friend describing the eighth illegal operation. He took the letter away from her, and it was found in his possession by the police. In the case cited Lord Esher, a former Master of the Rolls, asked, "Is it the ordinary habit of mankind of which the Court will take notice to answer such letters? Must it be taken according to the ordinary practice of mankind that if a man does not answer, he admits the truth of the charge made against him? If it were so life would be unbearable." Lord Justice Bowen in the same case said: "It would be a monstrous thing if the more fact of not answering a letter which charges a man with some misconduct was held to be evidence of admission by him that he had been guilty of it. There must be some limitation placed upon the doctrine that silence where a charge is made amounts to evidence of admission of the truth of the charge. The limitation is, I think, this: Silence is not an admission unless there are circumstances which render it more
reasonably probable that a man would answer the charge made against him than that he would not." In this case the letter was not even addressed to prisoner. It was a letter clearly libellous in its character, making serious allegations against the prisoner.
Mr. Justice Bucknill pointed out that the statement of prisoner that he was not angry with prosecutrix for writing the letter, but only grieved, was consistent both with admission and contradiction. He must hold that the letter was no corroboration.
Mr. Muir went on to describe how after the last alleged illegal operation prosecutrix went to visit a Mrs. Mabel Lynch in Prospect Road. Whilst there she fainted and prisoner fetched her home. She told him she was unwell and went to see Dr. Mackintosh. When she returned she told prisoner Dr. Mackintosh had told her she ought to be in bed, and prisoner told her she would not go to bed there. Prosecutrix afterwards went to Dr. Mackintosh and made a statement, and he, seeing the serious nature of it, called in another doctor and had the statement attested.
Mr. Justice Bucknill asked if it would be fair to rely on such corroboration as there was in this case. He had been reading the depositions and had formed a very strong view.
Mr. Muir said he might say at once that Mr. Bodkin and himself had been asked whether there was proper corroboration here, and they came unanimously to the conclusion that there was not.
Mr. Justice Bucknill. That settles the matter. His Lordship in addressing the Jury said that he could not direct, but strongly advised them to return a verdict of Not guilty.
Verdict, Not guilty.
Mr. Muir said that the attention of the General Medical Council would be drawn to the case.
(Monday, March 9.)
Mr. Arthur Gill, Mr. Graham-Campbell, and Mr. Arnold Ward prosecuted; Mr. I. A. Symmons defended.
HARRIET WALLINGTON , wife of Thomas Wallington, 8, Hunt Street, Ohiswick. Deceased was my daughter. She would have been 22 on January 21 last. Prisoner commenced to keep company with my daughter about two years ago. I have known him for about five years. 12 months last Christmas he came to stay at our house for a few days, and then stayed on as he could not get lodgings. Later on my daughter was in trouble through the prisoner; on July 21 last they were married, and went to Short Road, Chiswick, where they stayed till October; then came to my place at Hunt Street, where they had two rooms, paying 3s. 6d. Then prisoner fell out of work. On Christmas Eve deceased had a baby; prisoner had left her six weeks before that, and gone to his mother's at No. 11. On the Christmas Eve prisoner came and saw his wife. I asked my husband
first if he might come in. He continued, after that, to stay with her until 10 days after her confinement. On January 17 she was going to church with me when she saw prisoner at my door and gave him a letter which she had received from the missionary to whom she had been. On January 20 deceased went out in the evening about eight o'clock; she went to ask for a job. Later on a neighbour made a communication to me, in consequence of which I went to the corner of Hogarth Place and saw prisoner sitting on the coping outside Mrs. Moore's house, at the comer of Hunt Street. I said to him, "Oh, Wal., what have you done with my Alice?" He never answered. My husband came up the street and prisoner ran away directly down to his mother's door. Mr. Kebble is a married man with two children.
(Mr. Symmons said it was no part of the defence to make allegations against Mr. Kebble.)
Cross-examined. Prisoner and deceased used to be fond of each other. After prisoner and deceased came to stay with us he was out of work and could not keep up the 3s. 6d. a week rent. The letter which my daughter gave to prisoner on the 17th I know was from the missionary gentleman, but I did not know what was in it, and she did not know what was in it. It was an enclosed letter in an envelope. I do not know whether there was any talk about their starting a new home. On the day when this letter was passed I heard rather high words. There were no angry voices, and there was no quarrelling. We were on very friendly terms with the Kebbles and with the prisoner. Mr. Kebble has occasionally been in our place to have a game with the boys, and they have been in there playing when we were out shopping. I used to go out shopping with Mr. Kebble's wife sometimes. Kebble never slept at our house, only on christmas night, when he slept with my boys on the floor. My daughter was quite friendly with Mrs. Kebble. My daughter was rather a distant young woman. She did not make many friends. She never went to sleep with Mrs. Kebble. Prisoner paid the midwife who attended my daughter. At the time of my daughter's confinement I believe he brought her some little things, such as new laid eggs. I thought he was friendly to my daughter, and I thought they would make it up and be comfortable again and my daughter thought the same. He promised if he could come back again he would pay me a shilling or so a week off the rent he owed.
Re-examined. At first prisoner seemed to be fond of my daughter, but then he used to seem different, and associated with his own family.
FREDERICK CHARLES DODSWORTH , 385, High Road, Chiswick, medical practitioner. On Monday evening, January 20, I went to Chiswick Mortuary, and saw the body of Alice Susan Jones. I found her with a severe wound in the throat—what we call an incised wound, to the extent of 3 1/2 or 4 inches. It was a cut across the throat including the trachei✗. and aesophagus, and the muscles of the throat. It was a very clean cut, and I should say a considerable amount of force would have been required.
Cross-examined. The force would depend on the sharpness or bluntness of the weapon. The wound was a transverse one and would be made slightly upwards. It is quite possible that what happened was that the razor went upwards and the head fell forward on to it. I did not see prisoner at all. I should think it was more likely that the girl was standing up at the time.
THOMAS WALLINGTON , 8, Hunt Street, Chiswick, father of deseased. On January 20 I was at home. My daughter went out to get twopennyworth of peppermint for the baby, about 8.20. About 20 minutes after that I heard some screaming at the top of the street. I went there and saw the prisoner. As soon as he saw me he ran, off and I went alter him. He then busted his mother's door and ran indoors. I found my daughter in the gateway, with her throat out. she was dead. My daughter was quite sober on that night; she never drank anything. I have never heard prisoner complain of any familiarity between his wife and Kebble.
Cross-examined. I was on the spot a few minutes after I heard the screaming. (A photograph of the spot was produced.) I did not hear anything about any arrangements deceased and prisoner had made to go and set up a home again. My daughter was not a teetotaller; she might have taken a little, hut I have never seen her the worse for drink. I did not keep any beer in the house, nor did Mr. Kebble. If we wanted any beer we had to send for it.
SIDNEY LEOPOLD JONES , 11, Hunt Street, Chiswfok, fishmonger and poulterer, father of prisoner. When prisoner was in regular work he got about 24s. a week. When he was living with his wife's father and mother he did not come to my place. I brought prisoner back to our house ten days before Christmas. He met his sister up at the top of the street, and when he came in he said, "Dad, they have turned me out and I have had no food, and I am starving." He said the wife's mother had given him a week's notice and then told him to go. He stayed at our house for three days and then he asked my advice and his mother's. He said, "I will go back to Alice if she will let me go back." I said, "Yes, that is the best thing you can do; you are married; go back." Then he went back and stayed a few days. That would be about Christmas Eve. Then, he came back to us and said to bis mother, "I have been, there about two hours and Alice's mother won't give me anything to eat. I asked Alice if I could go down and get sixpence off her mother. She said, 'No, my mother has no money, go over to your own mother.' "I have a daughter called Amy Jones. On January 19 I asked for my rasor and asked her to look up on the top of the shelf. It was always kept there in the kitchen. My eldest son sent down for it, but it could not be found, and I did not trouble further. I used it last on Wednesday, January 15. The next I saw of it was when it was shown to me by the constable. On the day of this occurrence, about six or 6.30 in the evening, I was in the kitchen having my tea when my son came in. I then went into the bedroom, as my wife was laid up and I never saw any more of the prisoner until he came in after the murder. I was going to bed about a quarter or 20 to nine when my son opened the street door. His mother, I believe, was
then coming up the passage and she met him. He said, "Mother." She said, "What have you done, boy? You have been and cut your throat." He replied, "Yes, mother, and I have cut Alice's too. It was all through that Kebble." His mother said, "You stupid boy, whatever did you do it for?" He said he saw Alice up the street and asked her if she would come home and live with him if he would get a "sub." and take a furnished room. She turned round and said, "No; if I want 3s. I can get it off Kebble and I can sleep with him." I sent for the police and for a doctor. The constable was there when he said that. A "sub." means an advance of wages when you work for a master. My son told me he had forbidden his wife to speak to Mr. or Mrs. Kebble. That was during the time he was over at our place. They had a few words and he told his wife to tell Kebble what he had told her and she would not. I may have said before the magistrate that before January 20 I had heard nothing from my son with regard to Kebble. The conversation mentioned above was before Christmas.
Cross-examined. Prisoner has never shaved in my presence. I am a journeyman fishmonger and have been for six years. My son has been deaf since he was seven. He went to school, but did not get on well. I think he was 14 when he left. I believe he was in fifth standard. He was always a good son and was only too willing to do work if he could get it. He was very fond of his wife, only the mother-in-law prevented him from being so. I have not been friendly with his mother-in-law for about 12 months. I am sure it was about 10 days before Christmas that my son came back to our place—two Saturdays before Christmas. He stayed at our place until two or three days after Christmas. On January 20 he was not in regular for, only doing irregular jobs. Four shillings would be a day's work for him. He did carter's work. His hours were from half-past five in the morning until about six or eight at night. On the Monday he went out at half-past five to search for labour, and came home about six. After his tea he had to go out again to see to the horses. I cannot tell you if he came back after that. He may have been in two or three times before this occurrence. When be rushed in at the door he seemed funny. I got hold of him and tied his neck up, and said, "Oh, Wal.!" Then the constable came in, and he was laid on the floor and began talking about the man Kebble, saying that his wife was in drink. I knew my son was making arrangement to go and live with his wife, and he was looking forward to it, but she declined to live with him.
Mrs. EMILY JONES, wife of Sidney Leopold Jones, mother of prisoner. I remember the birth of prisoner's son on Christmas Eve. Prisoner was then living at our house; he went over to see his wife and stayed about two hours. He went again on the Monday and came back to me on the following Thursday. From that time to January 20 he lived at our house. On January 20 I remember him coming in, having his tea, and going out again. That was about half-past six. He came in again just before seven, only staying a few minutes. He also came in about half-past eight and went out again.
That would be about a quarter to nine, and about ten or 15 minutes afterwards he busted the door open. I met him in the passage, when be said, "Mother, kiss me before I die." I looked in his face, and said, "Oh, Walter, you silly boy, you have cut your throat." He said, "Yes, and I have out Alice's, too." A constable then came in. My son was sitting in the chair and the constable laid him on the floor. He said he did it all through Kebble over the road. I did not hear prisoner complain of any familiarity between Kebble and his wife. The note produced is in my son's handwriting: "Dear mother and father and brother and sister,—I have done this for Alice mother to take Alice mother life away. I hope you will live happy (six crosses). This is for Queenie. (Signed) Walter Jones, 8, Hunt Street. Farewell all." Jack is my eldest son, and Queenie my eldest daughter.
Cross-examined. I do not know how far my son got at school. He had worked for a paper stainer for about two years. Then he went to Jackson, the greengrocer's, and he worked for him about twelve months; then to a carman and contractor, where he worked for nearly 18 months; then for another contractor for about two years, leaving about January 20, 1907. Up to that time he had been in fairly regular employment. About two months after he was married he was unfortunate with his work. That worried him immensely. I am sure that my son was out for about 10 to 15 minutes before he came back the last time. It might have been a little less than that. I knew he was going to try and start a little home again with his wife through the missionary. He was looking forward to that, and was highly delighted. In the early part of the evening he asked me if I had seen Alice. I said, "No." He said, "What would you do?" I said, "Go and knock at the door, and if you do not see Alice ask to see her." He said, "Suppose they shut the door in my face?" I said, "Well, my boy, you must put up with that." He was not showing anything like temper against his wife or speaking of her unkindly. I remember saying before the magistrate" A quarter of an hour before 9.10 he was in my house. "I cannot say whether he went into Jack's bedroom."
HENRY WILLIAMS , 11, Hogarth Place, chiswick, carpenter. On January 20, about a quarter to nine, I heard screaming outside the house. My wife was at home with me, and she said, "What is that screaming?" she went out, I followed, and saw a man leaning over a woman on the kerb. Then the man got up and the women also, almost together. The man staggered in the road (indicating). He went round and round and sat on the coping outside my door. The woman got up and put her hand on my gateway, saying, "Oh, Mrs. Williams, oh, Mrs. Williams!" Then she fell down in the gateway. The wife said, "Run and fetch a policeman," and I ran out. I went to the man first and said, "You have cut that woman's throat." Then I fetched the policeman. Prisoner did not answer me. Two policemen came. After that I found the razor (produced) about two feet from the kerb. It was smothered with blood and was open. I did not see prisoner after that.
Cross-examined. I ran out directly I heard the screaming, but I saw no blow struck. The woman seemed to be doubled up on the pavement (describing). She looked like a person who had just fallen forward. The man seemed in a dazed condition.
Mrs. ELIZABETH WILLIAMS, wife of the last witness. On the night in question I heard a noise as if some people were fighting or quarrellng. That was about 9.20. I did not say anything about quarrelling before the magistrate. I rushed out to the gate and saw a man leaning over a woman, and saw him give a downward blow. The woman lay like a ball, as if her feet were in the gutter and her head made like a ball with it. I said to the man, "You coward to strike a woman down." Then he staggered up and the woman got up at the same time. The man sat on our coping a little way from the gate and the woman put her hand out and says, "Oh, Mrs. Williams, Mrs. Williams!" Then I felt something hot, and putting my hand out felt something hot run all over my hand. I had known the woman for about two years, and the man also, but not to speak to. The woman was Alice Jones. When I rushed out I said to my husband, "Oh, what has he done? There is blood; he has cut her throat; run for a policeman "; and my husband ran. Meanwhile prisoner ran round the corner to his mother's house in Hunt Street. Then the woman's father came. I saw no trace of her being in drink. I found a small bottle just against the gate that had been broken.
Cross-examined. My husband came out close behind me. I do not know whether he saw the blow struck. I did not see prisoner's throat was bleeding; I did not look at him, and I could not say whether he had anything in his hand. The blow prisoner struck might have been more of an upward blow.
Police-constable ARTHUR BLOOMFIELD, 584 T. On January 20, about nine p.m., I was called to 11, Hunt Street, and saw prisoner sitting in a chair bleeding from a wound in his throat. I told him I should arrest him for cutting his wife's throat about 10 minutes previously. He said, "Yes." After being cautioned, he said, "I met my wife to-night and offered her three shillings, and she told me 'I get more than that off Kebble.' She told me she slept with Kebble, and then I done it. I cut her and then myself. That was the first time I saw her for three weeks." I took a note at the time. (The witness read his note as follows: "I do not know where the razor is. That is the first time I saw her for three weeks, and then she said she had slept with Kebble. It is Kebble caused all this.") I conveyed him to the West London Hospital in a cab, and on the way he said, "I threw the razor away at the top of the street. She was my wife, but she was always with mother Kebble."
Cross-examined. Prisoner remained in hospital until the 28th.
Dr. JAMES SCOTT, medical officer, Brixton Prison. I have had prisoner under my observation since January 28 and have examined his wound.
Cross-examined. It is a wound of about two inches. After eight days it had partially healed. I should think it had been a fairly deep cut; five stitches had been put in. It was a little above the Adam's
apple. If it had been lower it would have been more serious. It has quite healed up now. Prisoner seems rather dull; of course, his deafness has been against his education; he is ignorant. Deaf people are not infrequently more suspicious than others.
Police-constable HENRY ELSEY, 44 TR. On January 20 I went to 11, Hunt Street, about 8.50, having heard about this occurrence. I saw the prisoner in his father's house sitting in a chair, bleeding from a wound in his throat. I sent for a doctor, and said to prisoner, "Who is the woman?" He said, "It is my wife, and I have done it. "I then left the prisoner in charge of Bloomfield and went round to where the deceased woman lay, in the gateway of 11, Hogarth Place. She was lying on her back full length in a pool of blood with her throat cut. I could see that her windpipe was severed. I felt her pulse, and found she was dead. I then sent for the ambulance and further police assistance. The body was conveyed to the mortuary. I then made a search for the razor, which was picked up by Williams and handed to me open (produced).
Cross-examined. The pavement where the woman lay is not more than about 4 ft. wide.
Police-constable GEORGE DARLING, 753 T. I assisted to take prisoner to the West London Hospital on the night in question, where I undressed him at 10.30, and helped to put him to bed. I searched his clothes, and found the letter and envelope produced. (The letter was read as follows, headed London Police Mission, January 6,1908. "Dear Mr. Jones,—Your wife Mrs. W. Jones, of 8, Hunt Street, Chiswick, writes me saying you are not giving her anything to live on I should like to see you at the above address on Saturday evening, after seven p.m., or on Sunday, three to four or after seven p.m., that I may hear from you what is the matter. If I do not see you, in that case your wife will have to come to the Court, but I do not want to see young married people come to the Court if it can be helped. Hoping to see you, and if I can be of any service to you both I shall be glad.—Yours faithfully, ROBERT MARSHALL.") While I was looking at that letter prisoner said (pointing to his waistcoat), "Look in there, you will find something." I looked and found a note in pencil (produced). While I was reading it Jones said, "That is what I done it for. I wrote that at six o'clock to-night."
Cross-examined. I am sure it was his waistcoat he took it out of. I made a note of it. (His Lordship read the note: "Jones said look in there, you will find a note written in pencil, and while I was reading it he said, 'That is what I done it for, I wrote that at six o'clock to-night. '")
Mrs. JONES, recalled. My youngest little boy found prisoner's waistcoat after he had been taken to the hospital, in the front room, where he had been lying. I do not know how it came there. That was about five or 10 minutes after he had gone to the hospital. Prisoner must have worn it, because it was so dreadfully stained with blood. It is at home now. It is stained down the front and on the right side particularly.
could not say what became of the waistcoat, I left it at the hospital when I left. I could not say what would be done to the prisoner's clothes when he went to prison. It was a dark coloured waistcoat. I could not describe to more. I did not take particular notice of it. (To Mr. Graham-Campbell.) I should not think that persons in prisoner's position in life frequently wear more than one waistcoat.
Mrs. JONES, recalled. I do not know whether prisoner took his clothes off or put them on again after the occurrence; I did not take that much notice. Possibly he may have changed his waistcoat They may have undone his clothes when they looked at his throat.
Inspector FRANK KNELL, T Division. I saw prisoner at Chiswick Police Station on the morning of January 21. I told him the charge, to which he made no reply, nor when it was read over to him.
Cross-examined. I made inquiries as to prisoner's character. He has been in employment and had a good character up to now.
Mrs. ELLEN JONES, wife of Sidney Jones, 11, Hunt Street. On the Sunday before the death of my sister I went into the kitchen to look for my husband's father's razor, at about nine a.m. The razor was usually kept on the top shelf of the dresser in the kitchen, but I could not find it. I asked Walter if he had seen it, and he said, "No." Walter was in bed. I had no further conversation about the razor.
Cross-examined. The reason I asked Walter about it was because I thought he had used it. I did not look anywhere except on the shelf. On the next day, Monday, prisoner came in about five or 10 minutes before he came in with his throat cut. I had no reason for noticing the time when he came in. Then I went out to the back and did not see him go out. I do not know whether he picked up anything on that occasion.
ROBERT MARSHALL , police missionary, Acton and Willesden. The letter and envelope produced are in my handwriting. It was sent to Mr. Jones owing to a communication I had received from his wife. I knew her, but I had never seen her husband until January 18, when he called upon me. He said he came in answer to my note and that he had no home for his wife, but he was willing to take her if he had one, so I asked him to go and get two rooms and I would help to furnish them for him. I had been given to understand that there was a little furniture left from the former home, but I said it should be away from both parents. Prisoner never made any complaint to me Cross-examined. I only knew of the prisoner from being informed about him. My information was that he fell out of work after he got married, and he gave up the furniture to the people from whom he had hired it. As far as I knew there was nothing to prevent them living happily together. Prisoner seemed to be looking forward to the prospect of making a home. I was to see him again on the following Wednesday.
ERNEST KEBBLE , 6, Hunt Street, labourer. I am next-door neighbour to the deceased. I have known prisoner and the Waillington family for about two years. I was on friendly terms with the latter and was in the habit of seeing them on Saturday and Sunday nights,
when I visited them with my wife and children. I used to play games with the boys. There was never any familiarity between me and the deceased, and I never had a cross word with the prisoner. I was always on friendly terms with him.
Cross-examined. I only slept at the Wallingtons last Christmas night. The deceased had never been to my house to my knowledge. she was friendly with my wife, and I believe they went out shopping together sometimes, but she was no more friendly than the other members of the family.
A legal discussion here took place as to some additional evidence proposed to be given relating to something which had taken place a while previous to the murder. Mr. Symmons objected to its admission, and his Lordship asked for some authority on the subject. Mr. Graham-Campbell cited Archbold, p. 309. His Lordship, after referring, said that he could not hold that the evidence was not admissible in chief but that if he were in Mr. Graham-Campbell's place, he would not persist. Mr. Graham-Campbell at once dropped the matter.
Prisoner's statement. I plead not guilty, and reserve my defence.
Prisoner was not called in defence.
Verdict, Guilty, with a very strong recommendation to mercy, partly on account of prisoner's age and partly because the jury thought there was some provocation, though not sufficient to justify the crime.
BEFORE THE RECORDER.
(Monday, March 9.)
DELAMERE, Arthur Leslie (24, engineer) ; breaking and entering the dwelling-house of Albert Alfred Tindall and stealing therein two gold bracelets, one gold chain, and other articles, the goods of the said Albert Alfred Tindall.
Sir C. Mathews, Mr. A. H. Bodkin, and Mr. Ward prosecuted; Mr. Purcell defended William and Amy Carpenter.
ALBERT ALFRED TINDALL , 5, Tenby Mansions, Nottingham Street, Marylebone. At Tenby Mansions there are 13 flats, of which I hold one on the first floor. It is very near to Upper Wimpole Street. Mary Wall has been my housemaid for 21 months. On December 23 I and Mrs. Tindall went away to spend Christmas with friends at Maidstone. I returned on December 27, stayed in the flat a short time, and left again, leaving the key in charge of Mary Wall; it is a Yale key, which opens both the street door and the flat door. The Place was then in order. On December 28 I received a telegram from Scotland Yard, returned and found my rooms in great disorder, and a number of articles of jewellery and silver missing, of the value of £150. I identify three pendants, necklet, set of gold studs, scarf pin,
two gold bracelets, six knives, 12 forks, two spoons, two sugar sifters, cream spoon, bread fork, two serviette rings, and sugar tongs (produced) as my property. The spoon is one of a set of 12 which had been in use. One of the sugar sifters bore a crest, which has been erased.
Cross-examined. The spoon is of an ordinary pattern and was in use with others. Access was obtained by a key; there was nothing broken except a jewellery case.
Re-examined. The tea spoon is marked with a crown, lion, egg, "J.R.," a star, and a Maltese cross, identical with the remainder of the set. I have no doubt it is mine.
MARY WALL . I have been maidservant to prosecutor for nearly two years. My cousin, Kathleen Wall, is in the service of Dr. Giles, 10, Upper Wimpole Street, and I went to see her every evening while Mr. and Mrs. Tindall were away, re-entering the flat with the key which my master had left with me. On December 27 I went to see Kathleen Wall at five p.m., having the key in my jacket pocket, either loose or in my purse. The jacket was hung up in the kitchen. I had tea with my cousin, and at 7.30 Delamere came to see my cousin. He was keeping company with her. I had known him about six months. He and Kathleen went into the kitchen, I and other servants remaining in the pantry. At about 8.45 I went with a girl. who was visiting one of Dr. Giles's servants, to the station, returning in about half an hour, when I found I had lose✗ my key. I told my cousin and Delamere, and we searched for it, but could not find it. Delamere left at 10.30. As I had no key to enter my master's flat I remained with my cousin that night. The next morning, Saturday, the porter got through a window and let me into the flat, when I found the place in confusion, cupboards and drawers open, the jewellery case broken, and other silver cases empty on the table. The police were called in, and Mr. Tindall returned. I had an interview with a detective. On Sunday I went to Twickenham with my cousin and Dr. Giles's cook. We returned by the Tube and met Delamere at the Bond Street Station with Wright. I had known Wright for six months, having met him with Delamere. I said to Wright, "I must not see you; the police have told me I am not to see you or speak to you." Wright said, "I must speak to you. It is very serious for me. I am charged with this affair." Delamere said, "Stick up for Tom. He is a thorough good fellow." Wright said he was innocent.
Cross-examined by Delamere. On Friday, January 27, the cook, Miss Bligh, her young man, Kathleen, myself, and you were at first all in the pantry. You and Kathleen then went into the kitchen. Kathleen afterwards came into the pantry for a drink of lemonade for you. You afterwards went out to fetch two bottles of stout. When I went out I had purchased something and thought I had lost the key in the street. I cannot swear where I lost it. I may have asked you if Wright was respectable. There was the cook's jacket hanging with mine in the kitchen.
Re-examined. My jacket with the key in it was in the kitchen
where Kathleen and Delamere were for half an hour, and while Kathleen came to get the lemonade Delamere was alone there.
KATHLEEN WALL , housemaid, 10, Upper Wimpole Street. I have known Delamere six months and have been keeping company with him. He has visited me at my master's house on several occasions. I have known Wright also for six months. On December 27 my cousin, Mary Wall, came and had tea with me. Her jacket was hung in the kitchen. Delamere arrived at 7.30 and he and I were alone in the kitchen, the others being in the pantry. I went to the pantry to get him a drink, which he asked for, and was away about 10 minutes. At about 8.30 Delamere and I went into the pantry—the others were talking to some friends at the area door. My master, Dr. Giles, was away from home. Delamere went from the pantry towards the kitchen. When he returned he said he had been to the lavatory. He then offered to get some stout, went out, and fetched it. He then said that Tom (Wright) was over at the public-house and that he was going to have a drink with him; went out and was away about half an hour. Mary Wall went out with a young woman who was there, returned, and said she had lost her key. She stayed in my master's house that night. The next morning she informed me of the robbery. Delamere came again on Saturday evening at about 9.30 and I told him, "Something most dreadful has happened. Mary's flat has been broken into and everything has been stolen." He said the people that had done it ought to be skinned alive. On Sunday morning some police officers had a conversation with me, and about midday I met Delamere in Albany Street and he took me to his room—No. 24. I told him the detectives had told me the "Lord Clive" public-house was a very bad house and that he frequented it. I told him they would want to know who was with me that evening, and asked if he would come as a witness. He said at first, "No," and afterwards "Yes, I will come." I made an appointment to meet him at Shepherd's Bush Tube Station that evening. I went with my cousin to Twickenham and we afterwards met Delamere and Wright at Bond Street Tube Station, when he had a conversation with my cousin. The next day I met Delamere at Portland Road Station. I told him I had seen the detective and he had told me the truth about him, and had shown me a photograph of Delamere while he was in prison. He said, "That is not me; there are more than two people alike in the world." I have not seen him since until he was in custody.
Cross-examined by Delamere. I think you left on Friday about 11 p.m. On the Sunday evening I went to Shepherd's Bush to meet you, but you were not there. I afterwards met you in Bond Street with Wright, when he made an appointment with me for the Monday evening. I have never seen you wear a soft cap. Some weeks before Christmas a man was trying to get in the front door of No. 10, Wimpole Street with a key. He walked by my side and tried to get in conversation with me, but I took no notice of him. You have always been very fair and honourable to me so far as I know; you have been to my master's house and been left in the pantry, where there is a large amount of silver, and have had plenty of opportunity to take it if you had wanted to do so.
Re-examined. It was about a month before Christmas that the man was trying to get into No. 10. I told the police about it. There was one occasion when some of my master's property was missing from the house, that was about a month after I made prisoner's acquaintance. I do not know the value of it. It has never been found.
WILLIAM CHAPMAN , curio dealer, 106, Cleveland Street, Euston Road. I buy all sorts of articles that are brought to me. I have known Delamere for about a twelvemonth as a customer; I have sold him several articles of a personal nature; I have a book in which I keep a record of the articles that I buy and the sellers' names. On December 28 I bought some silver articles. I have a note copied out of my book of the articles. The articles produced are the ones that I bought. I saw that there were marks on them, but I did not take them for a crest. The marks are all quite plain and newly cut. When Delamere brought them he first paid me a deposit of 2s. on a watch that he had bought from me, for which I gave him a receipt; he then showed me some silver, which he said he wanted to sell, but he did not think I would buy it. I asked him the weight; he said he did not know, and we got at it roughly by avoirdupois weight; having known him as a customer I did not think it was necessary to ask him where he got it from. I did ask him if that was a crest on it, and he said that was just a bit of chasing. I am not in the habit of buying silver things in the shop; I usually buy at sales. I entered the name and address, "Mr. Delamere, 30, Fitzroy Street, Fitzroy Square"; the weight was 30 oz. and I paid him £3 7s. 6d. for it; the standard price of silver is 2s. an oz. I paid him partly in money and partly by an allowance for the watch he had bought. He did not give me a receipt; we are not in the habit of giving receipts for deals over the counter. He was dressed in a blue serge suit and a bowler hat
Cross-examined by Delamere. I did not say that the market price of silver was 2s. 9d. per oz; I gave 2s. 3d. for the 30 oz., which came to £3 7s. 6d. While you were in the shop disposing of the silver there were two or three other people came in to whom I showed the silver and asked them to buy it. I had previously told you that I had a Police List brought round and that the police made inquiries I understood from you that it was all straightforward and that if it was not he would buy it back at the price.
HENRY SPON , assistant to George Attenborough and Son, pawnbrokers, Fleet Street. I identify the articles produced as having been pawned on December 28 last for £10 by a man giving the name of William Clark, "Norfolk Hotel," Norfolk Street. To the best of my belief prisoner Delamere is the man.
Cross-examined by Delamere. I do not remember you coming in with the pendant alone and asking £10 and then going away and returning with the pendant and the other articles. My recollection is that you asked £15 and I offered you £12.
Cross-examined by Mr. Purcell. It is a very well recognised business for people to attend sales and buy all sorts of things, such as
spoons and so on, and then to hawk them round to licensed victuallers and others and sell at a profit. The salt spoon produced is quite a common, ordinary pattern; the mark is a maker's mark, and would probably be on a large number of similar spoons.
ERNEST BUDDEN , assistant to Mr. Jones, pawnbroker, Walham Green. I produce two bracelets pawned for 25s. in the name of Arthur Roberts on December 28; also six knives pawned on the same day in the name of James John Chessum. I do not remember the person who pledged them.
EDWIN CUTHBERT , licensee of the "Bull and Bell," Ropemaker Street. I have known Carpenter for some years as a customer. He came in on January 1 of this year and said he had some things he wanted to show me. He showed them to me in the billiard-room. He asked if I wanted some knives and forks and I said, "No, I had plenty of them." I bought the articles now produced. He did not say anything about where he got the things from; he asked me to give him 25s. for them. I said, "No; I did not particularly want them"; he said he was hard up and I said, "Very well, I will give you £1 for them." I gave him £1 and stood some refreshments; altogether they cost me about a guinea.
Cross-examined by Mr. Purcell. Mr. Carpenter would sometimes come into my place and read catalogues through, and on one occasion he told me, "This is my business"; he said, "I am a dealer in silver ware and all that kind of thing; I attend sales." It was about two o'clock in the afternoon when he came to me on January 1. Knowing him as a dealer I thought it was quite a legitimate transaction. I assumed that they were things he had got in the ordinary way of his business when attending sales.
THOMAS WRIGHT , bootmaker. I have known Delamere about four years, and I have known Johnson about a twelvemonth. I have often seen them in company with each other. I also know the two Miss Walls, and have visited them at their houses. I was at No. 10, Upper Wimpole Street on Christmas Day, and at the flat at Denaby Mansions on Boxing Day. I did not see Delamere at all on December 27. I saw Catherine Wall on December 28 at about half-past two in the afternoon at the "Lord Clive" public-house and had some conversation with her. The same night, at about half-past eleven, I saw Delamere at Piccadilly Circus. I had been with the young women to the Pavilion Music Hall, and when we came out we met him by accident. I asked him if he knew that Miss Wall's flat had been broken into. He said "No." I said, "Do you know that you have got me into very serious trouble?" I told him the police had been round there and that they suspected me. He said, "I am very sorry." Afterwards he admitted that he took the key from Miss Wall's pocket and that he had been to the flat and taken some stuff away and afterwards sent the key on to Johnson with instructions to take away the other stuff. Delamere told me
that he had gone to the flat from No. 10, Upper Wimpole Street, and that he had told them there that he was going to get a drink—some stout. I asked him whether I should go to the police and let them know that I had nothing to do with it. He said, "No, we will see you all right." After this I rejoined the young ladies and saw them home. On the next day, Sunday, I went to No. 24, Albany Street, where Delamere was lodging. Delamere told me that he had made an appointment with Johnson for 11 o'clock on Sunday morning at the Tube Station at Chancery Lane, that Johnson had not turned up, and he did not know what to make of it; he said he would like to go and see him, but he was afraid the police had got hold of him. Johnson lived at Haldane Road, Fulham; he was doing no work at the time; he had been in the Army. Delamere also told me that he had pawned some jewellery at Attenborough's, but they could not recognise him as he was wearing a soft cap at the time. That same evening I went with Delamere to Thaxted's Hotel, where we saw Johnson, who was carrying the bag now produced. Delamere said, "Why did not you keep your appointment this morning at 11 o'clock?" Johnson said, "I did do so, but, perhaps, I may have been a little late." He said, "I have taken the stuff up to Carpenter's, but I shall never take any more stuff there; the price is so bad." He had drawn £3 on the stuff and was to go round on Monday and fetch the remainder—a sovereign. Then Delamere and Johnson made an appointment for the next day at Chancery Lane Tube Station. Delamere and I went to Bond Street Tube, where we met the two Walls—Mary and Catherine. Delamere told them, if they were questioned, to say they had known us a long time and that they had not seen us at all that night. After leaving them, I asked Delamere what I should do. He said, "If I was you, I should go home. We will give you the money to go home." I said that would throw suspicion on me at once. I met Delamere and Johnson again on the Monday; we all went to a tea shop together, and Johnson gave Delamere a sovereign, saying that that was the remainder of the money he had had from Carpenter. That same night, at about half-past 11, I again met Delamere at Piccadilly Circus. He said he had seen Miss Wall, and also said, "I am in very serious trouble. The police have been round to Miss Wall and showed her my photograph, which was taken in Oxford Gaol." He had told Miss Wall that it was not he at all. I told him that as he had done it all himself he had better stop and face it out. He said, "If I get one more day over my head I shall be all right and I will go away." He told me he had pledged a pendant at Attenborough's. I have known Mrs. Carpenter about six years. I do not know whether she is married to Carpenter, or how long they have been living together. I have been twice round to the Carpenters' in the last six months—each time with Delamere.
Cross-examined by Delamere. I was not arrested some months before Christmas and asked if my name was Delamere or Johnson. I did not introduce you to a butler in the "Paxton Head." I did not know you when you were in the Guards. I was discharged from the regiment for desertion. I was apprenticed to the boot trade and
am working at it now. I have also since my discharge been nursing mental cases. You told the police when arrested that you had an appointment with me at the "Adam and Eve." I went there and they arrested me and detained me till 11.30 next morning. I made a statement which satisfied the police and they discharged me.
Cross-examined by Mr. Purcell. Johnson is known by two or three names. Maitland is one of them. My first visit with Delamere to the Carpenters' was about six months ago. On that occasion I taw Mrs. Carpenter only. The second visit was about two months after, and on that occasion I saw both Mr. and Mrs. Carpenter. At the first visit Delamere borrowed some money from Mrs. Carpenter.
Re-examined. Delamere and I were both in the 2nd Life Guards, and Johnson was in the Grenadier Guards. Johnson's Christian name, I believe, is George Frederick. I know Delamere's handwriting. The letter produced is in his handwriting.
Detective-sergeant DANIEL TOMLIN, T Division. On December 31 I went to 24, Albany Street and saw prisoner Delamere. I told him I should arrest him for stealing, on December 28, property to the value of £150. He said, "Do you think I should be such a cad as that, as to steal things from there. I have too much respect for my girl." He then asked me how the job was done. I said, "By someone stealing a key from Mary Wall's pocket; she is the servant at the flat. You know that." He said, "I am not such a cad as to do that." He was then charged, but made no reply. On January 1 I went to Chapman's shop and saw a lot of silver with a crest upon it, which has been produced here to-day. The things were identified by Mr. Tindall. The same day I told Delamere what had been found at Chapman's shop. He said, "All right." The next day I went to 29, Cross Street, Clerkenwell, where the Carpenters were living. I said to the man, "Mr. Carpenter, I believe?" he said, "Yes"; I then said to the female prisoner, "Mrs. Mills, I believe?" she said, "Yes, you appear to know me." I then read the warrant and gave a description of the property. I mentioned the names of Delamere and Johnson. They both said, "We do not know anyone of the name of Johnson, and Delamere we have not seen for some time as we have had a quarrel." I also mentioned the pawntickets and said that one or more of them was in the name of Johnson. The male prisoner was standing with his back to the fire; the female prisoner went behind him, leaned her elbow on the mantelshelf, put her hand underneath, and lifted a small ornament; she had a handkerchief in her hand with which she covered the article that was lying on the mantelpiece; she rolled the handkerchief up and walked into the next room to the gas stove, saying, "I must have my cup of tea." I followed and asked what she had in the handkerchief. She said, "Nothing. I carry this because I have such a cold." I said, "Shake it at once; you have something there"; she said, "Nonsense." I was going to take hold of her hand; she then shook the handkerchief and these pawntickets fell out, one in the name of John Chessum and the other John Johnson, both of the same address, 56, Haldane Road, and the same date, December 28. I said, "What do you
mean by saying you bad no pawntickets?" She made no reply. I then searched the room and found 23 pawn tickets, not connected with this charge. Delamere said he had pledged the greater part of the jewellery at Attenborough's, Chancery Lane, and the two bracelets at Walham Green, and that the things were given to him by a man named Rickards.
Cross-examined by Delamere. I inquired at "Howard's Hotel," Norfolk Street, and was informed that a man named Rickards had stayed there, but it was a long time ago.
Cross-examined by Mr. Purcell. At 29, Cross Street there is a shop underneath, but there is a separate entrance to the flats. Carpenter deals not only in silver articles, but in pawntickets also. I know a man named Duncan Brady, but I do not know that he went to the Carpenters' house on January 2. I found the 23 pawntickets principally in a drawer on a stand near the window. I also found several articles of jewellery which have since been claimed by the owners as having been entrusted to the Carpenters for sale.
Police-constable RITSON, D Division. On December 31 I went to 26, Haldane Road and arrested Johnson. I found there the letter produced, a cap, and a paper wrapper, which had been through the post, and which would cover both the cap and the letter. I showed the packet and its contents to Delamere the next morning. He said, "I sent that to Johnson; I will explain later." I was with Sergeant Tomlin on January 2 when he arrested Carpenter. In a soup tureen on the dresser I found the little spoon produced. I showed it to Mrs. Carpenter and said, "How about the spoon?" She said, "Well, how about it; it is mine. I have had it for a long time." It was afterwards identified by Mr. Tindall as his property. I told Mrs. Carpenter so, and she replied, "I don t care about that; I have had it for 18 months." I arrested Johnson on December 31. He was before the magistrate on January 1 and remanded to the 8th on his own bail. He did not appear on the 8th. A warrant has been issued, but he has not yet been arrested.
Cross-examined by Mr. Purcell. The room where the 23 pawntickets were found was the sitting room; the other room was a kind of kitchen and bedroom combined.
(Tuesday, March 10.)
ARTHUR LESLIE DELAMERE (prisoner, on oath). On Friday, December 27, at 7.30 p.m., I visited my young lady, Kathleen Wall, at 10, Upper Wimpole Street. There was Mary Wall, the cook, Miss Bligh, and others. We were all in the kitchen, and it was suggested that some should go into the pantry to make room, so the others left Kathleen and myself in the kitchen for about half an hour. At my request Kathleen got me a drink of lemonade from the pantry. It is usual for one of us to fetch stout, and I went out and bought some.
Kathleen and I afterwards went into the pantry. I was suffering from strain and had occasion to go to the lavatory. While fetching the stout my dressings came off, and I made excuse about Tom Wright in order to go to my room in Albany Street to renew the dressing, which I did, returning again to Wimpole Street and remaining till 10.30 there, when I went home. On the following morning I met a friend named Rickards, who asked me to pawn two bracelets for him, asking me not to give his name and address, which I did, giving the pawnbroker the first name and address I could think of, and handed Rickards the money and the ticket. Rickards then asked me, as he was very hard up, to sell some silver for him. I took it to Chapman of Cleveland Street, whom I had known for some months. There were severel gentlemen in the shop, and he bought it at 2s. 3d. an oz.; there being 30 oz., I received £3 7s. 6d. I owed Chapman 16s. for a lady's watch which I had bought of him, and he deducted that, and I made up the £3 7s. 6d. out of my pocket and gave it to Rickards. We then went to his hotel in Norfolk Street. He then asked me to pledge a pendant for which he wanted £10. I took it to Attenborough's, and they offered me £5. I explained this to Rickards. He said, "I will go and see my sister," went into the hotel, and brought out some bits of jewellery. He said, "This ought to make up the amount." I took them to Attenborough's and they lent me the £10. Rickards was very much obliged to me and gave me a box of cigars for my trouble. That evening I again went to see Kathleen Wall, and she informed me of what had happened at her cousin's place, as she has stated. The next morning I saw her in Albany Street, as described, and I promised to go as a witness if required. About five p.m. I met Wright and had a drink at the "Paxton Head," where we met Johnson. Wright had a conversation with him which I did not hear. We afterwards met Mary and Kathleen Wall at Bond Street Tube Station. On Monday Kathleen informed me what the detective had said about me, and I denied the photograph being mine. The next morning I was arrested. I admitted to Tomlin having pledged the jewellery and the sale of the silver. I met Rickards a few months ago at a football match. He asked me a great many questions as to how I spent my time and learnt of my intimacy with Kathleen Wall. While at Brixton a stranger came to me and told me that Rickards, Wright, and Johnson had planned this robbery, and that Rickards had got me to dispose of the goods so that I should be suspected.
Cross-examined. Cap produced is mine. I pledged the articles while wearing it. On Sunday, December 29, I heard from Kathleen Wall that she had been shown a photo of me wearing that cap. Photo produced is a photo of me in a soft cap. There was no reason for my hiding that cap, because I admitted to Detective-sergeant Tomlin that I had pledged the goods. Loving Kitty Wall as I did I sent the cap to Johnson because I thought the police might make me wear the cap to convince her that the photo was of me. Johnson was not my confederate in this robbery—I am innocent of the charge. I have known Johnson about 12 months as a casual acquaintance. I have never met him at the "Lord Clive";
I have never been there. I wrote to him letter produced, "Dear G.,—I am expecting to be taken up any time. My girl came round yesterday and told me that D. had told her all about me and showed her my photograph. Of course, they suspect me. If I happen to be taken, see that I have a solicitor. I will not see you for your own sake. I am sending you my cap; please keep it for me. They won't trap me." I sent that on Monday, December 30, two days after the robbery. The only reason I sent the cap to Johnson was to spare the feelings of my young lady, and not to avoid being recognised. For some weeks previous to this affair—as I wanted to get the witness Wright to admit, but being a hostile witness he would not—Wright was suspected and detained by the police and asked if he knew anyone of the name of Johnson or Delamere, which they said might be the same. Of course, it was not me that was wanted, but it appears there was a robbery of jewellery and clothing at a butler's place and Johnson was suspected of it I was asked by a friend of Wright's at the "Paxton Head" for Johnson's address, which I refused to give. I afterwards met Johnson at the "Paxton Head" and accused him of using my name. He said, "Well, let the matter drop. I am now in good work in a solicitor's office, and at any time if you happen to get into trouble I will see that you have legal aid free." He said, "You never know." He also said, "Do not trap me." That is the true explanation of that letter, and it has nothing to do with the robbery at the flat. In saying, "I will not see you for your own sake," I meant that as I was a suspected man if I went to Johnson, it might be detrimental to his character." Don't be afraid that I shall let anything out"—that meant if I was arrested I would not say anything about the robbery at the butler's place that would incriminate Johnson. I knew that he was incriminated, but had no proof that he was the man.
WILLIAM CARPENTER (prisoner, on oath). I am a dealer in furniture, plate, pawntickets, and other effects, and attend different sale rooms in London. I met Delamere with Wright six months ago, and again two months ago. Since then I have not seen Delamere until these proceedings. I have known Johnson as Maitland for about four months. When Tomlin asked if I had any pawntickets in the name of Johnson I did not recognise the name. In my business I buy a great number of pawn tickets—400 or 500 in the course of the year, with the object of reselling the article or taking it out and trying to get a better advance on it. I never notice the name on a ticket. With regard to the two tickets found in Mrs. Carpenter's hands, I bought them with three others at "The Feathers," in Oxford Street, on December 29, from a man I have known for five years as a dealer at Debenham's, named Watson, for 4s. One was an umbrella, pawned for 2s. 6d., and the total amount of them was £1 4s. I have known Outhbert, the proprietor of "The Bull and Bell," Ropemaker Street, ever since the house has been built, about nine or 10 years. On Tuesday, December 31, I met Lawrence in Moorgate Street, whom I have known for two years as a dealer in pawntickets and little odds and ends. He wanted to sell these silver articles—two serviette rings,
spoon, sugar-sifter, scoop, and bread-fork. I said I knew a publican who, perhaps, could do with them, and took him✗ to Cuthbert, who, after a little conversation, offered 20s., which I received and handed Lawrence 17s. 6d., taking half-a-crown for myself. When I was arrested, the police took possession of a quantity of jewellery on my premises. All of them have been returned to the owner, who had entrusted them to me for sale.
Cross-examined. Watson is not here. I have not seen him, except once, since I purchased the tickets, though I have made every effort to find him. I have bought tickets from him before, lots of times, and sold some to him. I met him three weeks before my arrest, told him about this matter, and he promised to meet me and to be at the police court. He did not come. I did not ask his address. I have known Lawrence for two years, visiting sale rooms. I have met him since my arrest; I took his address and took out a subpoena for him to attend; the address was false. We took the things to Cuthbert in a bag. I made so inquiry where Lawrence had got them—I took it for granted he had bought them amongst an odd lot. I did not notice a crest was removed from the sugar-sifter. The statement said to have been made by Johnson to Wright is false—that on Sunday, December 30, he came to my place, left some of the stuff, and that I gave him £4 on account. I had only a few shillings in the house on that day. He never came at all. I have known Delamere about six months; he has bought of me one or two little odds and ends, which, I think, he gave to his young lady. I had no quarrel with Delamere. I think Wright came and borrowed some, money from the wife, and we have not seen him since. When the police arrived they told me they were in search of articles stolen by Johnson and Delamere. I did not know there were two pawn tickets on the mantelpiece in the name of Johnson. We very seldom look at the name on a pawn ticket. The story about my covering my wife while she removed the tickets is made up—the mantelpiece is 4 ft 8 in. high, and I think it is impossible. When the officer came in I had just come in; I had my back to the fire and I never moved. I did not say then that the tickets had come from Watson, because he never asked me. I did not think two tickets for 2s. 6d. and 4s. would relate to £150 worth of jewellery. Johnson is a very common name on a pawn ticket. to-day is the first time I have ever publicly mentioned the name of Lawrence or Watson. With regard to the spoon found in the soup tureen, I have had that for 18 months—I could not swear to it but I had a similar one to that produced—I believe it came from the late Dr. Allingham's sale. There is nothing distinctive about the marking of it.
Re-examined. I should think there are 100,000 of such spoons made in a year. I first received information of the evidence of Cuthbert on February 27, after my trial was postponed from last Sessions; it was not given before the magistrate, and no question was put to me about it by the police. Cuthbert knew me as a dealer at sales and has bought things from me before. I meet thousands of dealers at sales whose addresses I do not know.
Verdict: Delamere, Guilty; William Carpenter, Guilty; Amy Car penter, Not guilty.
Delamere admitted having been convicted at Clerkenwell on November 4, 1905, of larceny from a dwelling-house. He was said to belong to a gang of West-End blackmailers.
Carpenter admitted having been convicted at Clerkenwell on September 7, 1895, receiving nine months' hard labour for feloniously obtaining a valuable security. In 1904 he had been fined £20 for brothel-keeping.
Sentence: Delamere, 5 years' penal servitude; William Carpenter, 18 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Monday, March 9.)
BLISS, Henrietta (54, no occupation), FRY, Robert (39, ostler), DAVIS, George (29, dealer), BRAMS, Charles (32, dealer), JUDSON, Harry (26, dealer) ; all breaking and entering the warehouse of Karl Reisert and stealing therein two bales of cloth and divers other articles, his goods, and feloniously receiving the same, well knowing them to have been stolen.
Mr. Metcalfe prosecuted; Mr. Burnie and Mr. Bohn appeared for Davis; Mr. Purcell appeared for Brams.
Judson pleaded Guilty.
KARL REISERT , 237, Caledonian Road, manufacturer of drapery goods. On January 24, when I left, everything on the premises was safe. When I arrived at the warehouse at nine o'clock on the 25th I found the warehouse had been broken into, the ventilator and skylight having been removed. The floor was strewn with goods, and I found one of my barrows in the yard filled with my goods. It was not there when I left the premises the day before. The approximate value of the articles missing was £125. I have seen the property recovered. I identified it at the police station as mine. There is still some part of the property missing.
EMILY FORD . I am employed by the prosecutor as forewoman. I personally locked up the premises on January 24. The goods were then all safe. When I arrived there at 8.30 a.m. on the following day I found the place in disorder and a number of goods missing.
Police-constable FRANK TROTT. On January 25 I was keeping observation in Brooksby Street, after Judson was in custody. Barnsbury Mews is in Brooksby Street. I first went into Brooksby Street on Saturday evening between eight and nine o'clock. I saw the prisoner Brams, whom I know, drive into Barnsbury Mews with a horse and trap. He was alone. About nine o'clock he drove out again; he was then accompanied by someone. At a quarter to one in the morning of the following day he returned with the horse and trap.
Prisoner Davis was with them then. I then went to the stables in company with other officers. At that time Brams was in the stable, and Davis was walking up the yard from the stables as I walked down. I said to him, "You will have to come back to the stables." He said, "It is nothing to do with me; I have just come for a ride with this man," and he pointed to Brams. Then he said, "The stables are nothing to me, and you cannot get me inside there again." While I was speaking to Davis Brams came out. He said to Davis, "You know nothing of this, mind. Say nothing." I then took Davis in custody. In answer to the charge he said, "I shall tell the truth."
Cross-examined by Mr. Purcell. There were three other officers with me. The stable occupied by Brams is the first on the right-hand side going down the mews. When I first came there Sergeant Osborne or Detective Butt were talking to Brams in the stables. I did not hear their conversation. Davis was well away from Brams when I spoke to him.
Sergeant GEORGE OSBORNE, Y Division. At 12.15 a.m. on January 25 I was with Police-constable Butt and other officers in Brooksby Street, and I saw Brams driving a horse and cart into the Barnsbury Mews; the prisoner Davis was sitting by his side. When I got down to the stable occupied by Brams I found him unharnessing the horse. I said, "I am a police officer," and he said, "Yes, I know you, Mr. Osborne. What do you want?" I said, "I am making inquiry respecting a quantity of linen that has been stolen from 237, Caledonian Road to-day. A man has been arrested with some property in his possession while coming from the direction of this stable and I have reason to believe that you have some more on your premises." He said, "I rent the stables, and the upstairs are let by me." I then turned to Davis, who was with him, and asked him what he was doing there. He said, "I have only come here with my friend" (pointing to Brams) "to see some stuff." I said, "What stuff?" He replied, "I do not know." I then told Brams I should search the stable. He said, "You will not find anything here." I went upstairs, and there saw five bales of linen and a quantity of aprons and petticoats. Mrs. Bliss was in the room. I asked her who brought them there. She said, "I do not know." I then told Brams what I had found. He said, "I cannot help what they do upstairs. It is nothing to do with me. Mrs. Bliss at that time said to Brams, "You see what you have brought me to." I told Brams and Davis that I should take them into custody for stealing and receiving property well knowing it to be stolen. Brams said, "You know it is not my game." Davis said, "I only came to look at the stuff." I saw Fry there. He was in the stable assisting to unharness the horse. He came up into the room with me but another constable dealt with him. I did not speak to Fry at all. I conveyed Brams and Davis to the station and searched them.
Cross-examined by Mr. Purcell. This interview took about 20 minutes or half an hour. Police-constable Butt went upstairs with me at that time. The others went up afterwards to remove the property. Brams was not very excitable. I thought he took things very
coolly under the circumstances. He does not live on the premises. He may have had a drink or two, but he was perfectly sober, and I consider he knew perfectly well what he was doing.
Police-constable JAMES BUTT, C Division. I took Judson into custody at seven o'clock, after which I remained watching the entrance to the mews until one o'clock the following morning. I saw the prisoner Brams drive up. I accompanied Sergeant Osborne into the mews. He spoke to Brams. I went upstairs with Sergeant Osborne. The female prisoner Bliss was up there. It was a living room and a bedroom combined; more like a loft than anything else. The property was on a mattress in the corner of the room on the floor. I should say there were about five bales and a quantity of linen aprons. I took the female prisoner Bliss into custody, the other police-constables took the other men. When I took Bliss into custody, Fry said, "What do you want to take her for? She has nothing at all to do with it." He said to Bliss, "You need not worry yourself about it, you will get out of it" They were then both taken to the station and charged.
Cross-examined by Mr. Puroceil. I was there the whole time when Sergeant Osborne first spoke to Brains. I heard portions of the conversation, but not the whole, as I was going upstairs.
Detective-inspector ARTHUR NEIL, Y Division. About 12.30 p.m. on Sunday, January 26, I saw all the prisoners detained at the Caledonian Road Police Station. In consequence of what I was told, I said to Fry: "I am a police-inspector, and before charging you with any offence I will give you an opportunity of explaining your position and what you had to do with the stables, No. 1, Barnsbury Mews, where all this property was found at that time. I am given to understand that you work as horsekeeper for Brams. He said, "Yes; I work for him and sleep over the stables with my wife, but the property which was found there has nothing to do with me." I said, "The woman you speak of as your wife is Bram's mother-in-law; her name is Bliss." He said, "Yes; well, she is not my wife, we are living together. I will tell you all about it." He then made a statement. I said to Brams, "This man has made a statement in which he says that you (Brams) are the occupier of the premises, 1, Barnsbury Mews, where all this property was found; that he works for you as a horsekeeper, and lives with your mother-in-law, Mrs. Bliss, and sleeps in a place over the stables, and that your brother-in-law, Thomas Bliss, also sleeps there; Davis is an acquantance of yours and is often at the stables with you." Brams said, "Yes, that is quite right. I rent the stables, and he" (Fry) "looks after my horse and cart; he used to rent the place over the staples, but he got behind with his rent and now I pay it for him and stop sixpence per day out of his wages. The woman known as his wife is my mother-in-law, and Thomas Bliss is my brother-in-law." Then it was I read the statement over to him. (Fry's statement was then read by the witness.) Brams then said to Fry, "What did you want to open your mouth to them for and let them put down just what they like; why did not you keep your mouth closed?" Fry said, "Well, I only
told them the truth." Brams then said, "They could not prove anything against me, you know I was not there when they brought the stuff there; it is nothing to do with me what they have over the stables; I am not supposed to know." Davis said, "I have nothing to do with the place; I did not see the stuff; I met this man" (referring to Brams) "about 8.30 in the Barnabury Road, and went for a drive with him; he was a bit the worse for drink by the time he got back to the stables." I then said to him, "I have reason to believe you were concerned with others in committing this robbery and I am going to charge you with stealing and receiving it." Brams said, "All right, Mr. Neil, you have got this up for me, but it is no use charging me, because I shall get acquitted." Then he said, "I shall get out of this; I knew the stuff was there, but you will have to prove that." When charged, Brams said, "I am innocent; I shall get acquitted; you can put that down." Fry said to Brams, "You know it is your place and you pay the rent." Davis said, "I had nothing to do with getting the stuff." Davis gave his name and address as Rowton House, King's Cross. I afterwards said, "I have reason to believe that is not your address." Bliss said to Brams, "See what you have done for me." They were all charged and put up at the court the following Monday, when Brams said, "I know who brought the stuff there, and you know, and he is going to surrender; the stable is mine, but he" (referring to Fry) "lives upstairs and I pay the rent."
Cross-examined by Mr. Purcell. I had a good deal of conversation with Brams over this, but he knew what he was talking about. I should not say he spoke at random. (To the Judge.) The robbery took place at Caledonian Road, and this stable at Barnsbury Mews is about a quarter of a mile away. Judson was arrested, as far at I remember about seven o'clock or a little earlier. He was coming from the stables, and going towards Liverpool Road. He was a few yards from the stables when arrested with some of the stolen property on him.
Mr. Metcalfe stated that with regard to Davis the prosecution considered tire case was not strong enough against him as there was no actual possession under any circumstances.
The learned Judge agreed.
Davis was ordered to be discharged.
ROBERT FRY (prisoner, on oath). I am a horsekeeper. I was in the stables about half-past eight in the morning with Thomas Bliss. He is my stepson. I was cleaning my horse, when. two or three more chaps brought a barrowloa✗ of stuff in. Thomas Bliss and one of the other chaps took it upstairs and put it in the loft. I did not see what stuff it was they took up, as I was busy cleaning the horse. I was getting it ready for Brams to go out with about 11 o'clock. I had the horse and trap all ready for him and Brams got up and drove away. He had nothing to do with the stuff upstairs.
I went round to Brams' house myself, and never came back again before half-past six at night. I came back along with Brams and put the horse away. I went upstairs about 7.30 at night. I saw all the stuff there. I could see then it was linen and stuff, but I did not know where he (Bliss) had got it from. Brams did not know the stuff was there. I went out with Brams, and I came back about half-past nine. I met Davis in the Barnsbury Road. I left Brams then. I did not give any information to the police because I did not know where the stuff had come from. I did not know it had no business there. Judson was the man who brought the barrow. He was one of the men who came in the morning.
Cross-examined by Mr. Metcalfe. I occupy with Mrs. Bliss this room in which the stuff was placed. I saw there was a quantity of property put into the room, but I did not know where Bliss got it from. I asked him what he had got there. He said "Stuff." I did not take much notice. I have never had property like that brought into my room before. When Brams came round at 11 and drove away, Thomas Bliss was upstairs, but Brams did not see him; he did not know he was there. The barrow was not there then; it had been taken away by Judson. Thomas Bliss was there at 6.30, but Brams did not have a long conversation with Bliss and the other men then. (To the Judge.) There is only one room upstairs, where myself, Henrietta Bliss, and my stepson, Tom Bliss, sleep. We have our meals in the same room. Brams pays the rent, but he stops 6d. a day out of my wages. I did not think that Bliss had suddenly gone into business. It was no good my saying anything to him, because he was always master.
Verdict, All guilty, but that Henrietta Bliss and Fry were the tools of Brams.
Brams confessed to a conviction for felony at Cardiff in 1901. Judson confessed to a conviction for felony at Clerkenwell in 1905. Numerous other convictions against Brams were proved.
Sentences: Brams and Judson, Three years' penal servitude; Fry and Bliss, who were recommended to mercy by the Jury, one week's imprisonment.
BEFORE MR. JUSTICE BUCKNILL.
(Tuesday, March 10.)
Mr. Moran prosecuted.
Prisoner stated that he had no intention of injuring the girl, but fired his revolver to frighten her. The bullet passed through the
window of the room in which the girl sleeps. She had refused to walk out with him.
Mr. Justice Bucknill lectured prisoner and warned him against getting into this silly way of thinking he was injured and so doing great injustice both to the girl of whom he was fond and to himself.
Prisoner was then discharged.
Mr. Symmons prosecuted on behalf of the Commissioners of Police; Mr. Moran defended.
Prisoner was given into custody on a charge of wilfully breaking the window of a public-house, which he believed to have been broken by the landlady's son. On the way to the station he became violent and threw Constable Sherrott to the ground, and the latter alleges that he was kicked by prisoner. Several witnesses, however, averred that it was impossible for prisoner to have done so.
Sentence, one month in the second division.
Mr. Symmons called the attention of the court to the conduct of Miss Ellen Elizabeth Simms and a lad named Alfred Barling, aged 15. Miss Simms, when the constable was on the ground and surrounded by a hostile crowd, stepped forward and blew his whistle for him, and the boy Barling did the same thing outside the crowd, thereby enabling assistance to arrive. It was a plucky thing for Miss Simms to do, as in the crowd she might have been badly assaulted.
Mr. Justice Bucknill tendered to Miss Simms and Barling the thanks of the public for the courageous way in which they had acted.
Mr. Clarke Hall prosecuted; Mr. Schultess Young defended.
Verdict, Guilty. Sentence, six months' hard labour.
YOUNG, Frederick (40, labourer) ; feloniously sending and causing to be received by George Herbert Duckworth a letter demanding with menaces certain moneys, to wit, the sum of £10, without reasonable or probable cause.
Mr. Sydenham Jones prosecuted.
GEORGE HERBERT DUCKWORTH . I live at 35, Charles Street, Berkeley Square, and am private secretary of a Treasury Committee. Last November prisoner called upon me, having previously seen my wife, to ask if I would help him, she having referred him to me. I made inquiries with a view to seeing if he was worth helping and was satisfied that I should be justified in helping him, and I did. He called on me on December 4 or 5, and I fitted him up with clothes, and he was to go that day to a convalescent home at Bexhill. When he was about starting I gave him 10s. for the journey to Bexhill, leaving him 4s. for himself. Two or three days afterwards he turned up again and said he was living in a Rowton House, that it was an old system of dormitory, and that his neighbour, while he was asleep,
had leaned over and taken his money from him, that he had not liked to come back and ask for more, and had tried to earn some, but had been unable to do so, and so had come back to me to ask whether I would give him sufficient money to go down to the convalescent home. I sent a man with him to the station to take his ticket and see him off. I did not see him again until, I think, January 24, he having previously asked to have his time renewed at the home. I said I had made inquiries as to that, and the people at the home did not want to have him back. I had written to him before that, sending him 10s. to take him back to his own people in the country, so that he should not come back to London at all. He said he had not been able to go home and he wanted further help. There was some demur to giving him further help and it appeared that while I was away he had threatened to commit suicide, which caused considerable stir. However, he was not given anything. He came back after I had returned. Having heard that he had threatened to commit suicide I sent him out some breakfast into the hall. When he had finished I went out and talked to him, telling him that he had behaved in a cowardly manner and that he was not the sort of person I cared to help and that it was a cowardly thing to cause fear and distress in the way he had done. He then said, "Well, there will be nothing left for me except suicide." I showed him the door after that, and said he was not the kind of person I would have any more dealings with. About February 8 I received the following letter purporting to come from him:
"Mr. Duckworth.—Sir,—I am writing to you for the last time, and I now demand an apology and my references and £10 for your treating me as you did, like a dog, the last time I saw you. I would not give you the chance only for my great respect for her ladyship for her true kindness to me. She is not only a lady by title, but a true natured lady, but you are not a gentleman. You sent me to Bexhill without a penny to do anything with. That was not her ladyship's doings. I have nothing to thank you for, after you got my references and treating me as you did. You have hardened my heart, and I will not stop at anything if you don't grant my request. I will call at 7.30 this evening for an answer, and you can have all the police from Scotland Yard if you like. If you don't grant my request, as the sun shines above us I will kill you. Now help me or do your worst.—I am yours etc., F. Young."
There is no date on the letter, on receipt of which I sent for the police. I think it came on a Saturday and on the following Monday prisoner called at my house at 7.40. Inspector Bower and Sergeant Leach were there to receive him. I was not present when he came.
INSPECTOR BOWER, C Division. I was at No. 35, Charles Street about 7.40 on February 10. Prisoner came to the door and gave the name of Frederick Young. I went forward and said, "I believe you have come to see Mr. Duckworth? You sent this letter." He replied. "Yes, I did send it to him." I said, "We are police officers," and told him the charge. He made no reply. Sergeant Leach took him to the station.
Sergeant LEACH, C Division. On the way to the station prisoner said, "I was going to call this morning at half-past 10. When I went on Saturday evening for an answer to my letter the servant told me that Mr. Duckworth would probably send an answer; so I waited at home until seven o'clock this evening. As he did not I came along to the house."
The statement of the prisoner before the Magistrate was to the effect that he did not intend to do what he said.
Sentence, Three years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, March 10.)
Mr. A. J. Lawrie prosecuted.
WILLIAM WILSON , stonemason, Pollokshaws, Glasgow. On February 24, at about 7.40, I met the two prisoners outside Euston Station. Weston asked if I was going to stand a drink. We went into a public-house and had two or three drinks, but Mack did not like the ale there, so we went to another house and from there I went and bought four handkerchiefs. When I met prisoners I had about £12 8s., of which £8 10s. was in my purse and the rest in my left-hand trousers pocket. Soon after 10 o'clock they took me into a house not very far away, and Weston wanted me to stop in the house. I said, "No." She said, "If you are afraid here is the key; you can lock yourself in," and she gave me this key (produced). I came out of the house and met another woman at the bottom of the stairs. They took me across the road, against some railings, and started jostling me. I took my hand out of my left-hand pocket and as I did so Weston put her hand in and then ran away, as did the others. I do not know exactly where it was because I am a stranger to the neighbourhood. I ran after Weston, but she ran into a house and slammed the door. I then called a constable; we followed her into the house and found her on the top landing. I gave her into custody. I gave 1s. or 1s. 1 1/2 d. for the pocket handkerchiefs, I am not sure which. I gave Weston a half-crown when we were by the railings. I took it from my righthand pocket. As we were going along with Weston to the police-station I saw the other woman, and told the constable to take her into charge as well. Two men were with me when I gave the second prisoner into custody.
Cross-examined by Mack. When I first met you I did not say, "Are you the two women I have been with?" I bought the pocket handkerchiefs myself. You two were the only women I spoke to.
Cross-examined by Weston. I did not give Mack a shilling to get the handkerchiefs with. I never got a receipt for the handkerchiefs. I paid ready money for them. (Prisoner Mack produced a receipt, which she said had been sent on to her while under remand at Holloway.)
WILLIAM HENRY WEEKS , 57, Euston Street, packer. On February 27 I saw the two prisoners with prosecutor at the corner of Euston Crescent. They were up against the railings quite close to me on the other side of the road. I saw Weston put her hand into prosecutor's trousers pocket, then walk back a couple of steps and make a rush out into the road. Prosecutor caught her and called for the police, then four of us went up to him. He told us he had lost £8 10s. and a purse. There was a struggle and the two prisoners got away. Mack ran up Euston Street and Weston towards the Hampstead Tube Station. They said, "Do not run after us; we will give you 2s." Weston ran into a house and prosecutor followed her with a policeman. I did not see her arrested. About five minutes later I was in the Hampstead Road and saw Mack with another woman. I told the constable that she was the other woman who had been concerned in the robbery.
Cross-examined by Mack. After the struggle in the road you went Drummond Street way, which is on the road to the police-station.
Cross-examined by Weston. I did not see you come out of the house with prosecutor. I saw you go round the corner. It was the left hand which you put in prosecutor's pocket.
Re-examined. The house I live in is on the opposite side of the road to where this occurrence took place.
GEORGE HALL , pipe-maker, 57, Euston Street. I was with the last witness on February 27. I saw Weston cuddling the prosecutor in the street at the corner of Euston. Crescent. Then I saw both prisoners run away. I ran after them. They said they would give me 2s. if I kept back. Then Weston ran into a house. I had seen prisoners about before that night, but I did not know them to speak to. I was in Hampstead Road when Mack was arrested.
Cross-examined by Mack. When I first saw you there was no other woman with you. I could not say which direction you came from.
Cross-examined by Weston. I saw you standing at the corner of the Crescent. Wilson stood against the railings and you stood by him. I did not see you do anything to him but cuddle him. I did not see you drop your street door key; it was dropped by one of you, I could not say which. Someone picked it up and gave it to the prosecutor. I did not hear prosecutor say, "I want my money back."
Police-constable GEORGE BACON, 741 S. On February 27 I went with prosecutor to a house in Euston Street and arrested Weston; on the way to the station I arrested Mack. I took both prisoners to the station; they were charged, and made no reply. When searched a half-crown and 9d. was found on Weston and 6s. 1d. was found on Mack.
Cross-examined by Weston. I arrested you in No. 87, Euston Street, you live at 91. I do not know anything about the key. Prosecutor was under the influence of drink and very excited, but seemed to know what he was doing.
WILLIAM WILSON , recalled. The only key I got was from Weston, in the house. I do not know anything about a key being dropped and picked up. I think the street door was open when we went into the house; she opened the door of her room with a key and then gave me the key to lock the door with. She did not ask for the key back, and I forgot all about it. I am quite sure I had a purse with £8 10s. in it in my pocket.
MARY ANN WESTON (prisoner, on data). I know nothing about this man's purse or his money, only the half-crown that he gave me in the public-house. As we were going up Euston Street he came up and asked if we were not the two women that he had been with before; then he said, "Oh, no, I have made a mistake. Will you have a drink?" We went into the "George" public-house and had some drinks, but the beer was so bad that Mack could not drink it. We went to another public-house round the corner; while in there he took out his pocket handkerchief to wipe his mouth; he said it was dirty, and asked Mack if she knew where he could get any; he gave her a shilling and told her to fetch one each for her and me; while she was gone he said to me, "Drink up and let us have another." I said, "We have a full one there." He said, "I would like to go home with you," and I laughed. He said, "You are very much like my favourite sister Annie that died while I was away." Then he said, "Take this half-crown." Then Mack came back. He never said anything more about going home. We came out, and he said, "Will you come back and see me to the station," as he did not know his way about. I said, "You can either go up Drummond Street or Euston Street; if you go under the arches it will take you straight to the station. Let us have another drink." He said, "Where is the next public-house?" I said, "There is another public-house round in Euston Street; we will have a drink there." Going along he pulled me towards the railings and when we got there he tried to act indecently towards me. I said, "Hold up, what are you doing?" He got hold of me and said, "Give me my money back." I said, "What?" He said, "Give me my half-crown back." I said, "You are not going to get your half-crown back now after what you have been trying to do to me in the street." Then Mack came up. When I got away I ran straight up towards the Crescent and I dropped my key as I was running along. I had only been living there two days and I ran into the wrong house. I have never entered a room with the man. While we were in the public-house a woman came in and said, "Oh, you nice beauty." Mack asked him if he knew the woman and he laughed.
Cross-examined. I swear that I never entered a room or a house with prosecutor, only the house I ran into when the policeman was
there. He is lying when he says he ever entered a room or a house with me, except the public-houses. I had walked with him from the railings to one public-house near the station; he wanted another public-house, and that is where we were making our way to. It is untrue to say that I was cuddling him against the railings; I was trying to push him away. I never put my hand in his pocket. Verdict, Not guilty.
WHITEHEAD, James (31, fireman) ; committing an act of gross indecency with Charles Nobbs in a certain public place. NOBBS, Charles (21, soldier) ; committing an act of gross indecency with James Whitehead in a certain public place.
Mr. Gerald F. Carter prosecuted; Mr. G. St. John McDonald defended.
At the close of the case for the prosecution, on the suggestion of the learned Judge, the Jury returned a verdict of Not guilty.
Mr. G. St. John McDonald prosecuted.
Police-constable JOHN WILLIS, 333 H. On February 25, about a quarter past seven, I saw prosecutor, who was very drunk, go down Duval Street; when he got about 30 yards down three men sprang out of a court on to him; one went one side, one the other, and the third went in front of him and put his left hand into the righthand pocket of the prosecutor. I ran towards them and someone shouted, 'Look up, here's a copper coming." The two who were holding him pushed the prosecutor over into the roadway. Prisoner was the man who put his hand into prosecutor's pocket. He ran down the street and I gave chase. I blew my whistle; prisoner threw some money out of his hand into the roadway. He ran into Crispin Street, where he was stopped by Police-constable 440. I told him I should take him into custody for being concerned in assault and robbery in Duval Street. I also arrested prosecutor for being drunk. I have no doubt about the prisoner being one of the men. I never lost sight of him.
Cross-examined. I was standing at the corner of Commercial Street and Duval Street, about 30 yards away. The money has not been found. When I blew the whistle a lot of people came up, and it was probably picked up. There was a woman with prosecutor, who was helping him along; when the three men came up she ran away. I could not bring her as a witness because I did not know her.
JOHN OLSON , Sailors' Home, St. George's in the East. On February 25 I was very drunk. After I came to my senses I found I had lost a few shillings. I have no recollection of what occurred that day. I am a Norwegian. I do not remember prisoner's face exactly. I had been out all the afternoon from dinner time. I had £1 in gold when I came out. I changed it in the "Brown Bear." When I was taken to the station I had 8s. 6d. I had nothing left in my right-hand pocket.
Police-constable WILLIAM WILSON, 440 H. About 7.15 on February 25 I was on duty in Crispin Street when I heard a police
whistle blown from the direction of Duval Street. I ran towards it and saw prisoner running towards me; he ran to the public-house at the corner and tried to get in. I arrested him and brought him back; he was very breathless at the time. Then I met the other constable. I have no doubt what ever about the man. I never lost sight of him.
Cross-examined. There were several persons coming out of the public-house at the time and prisoner could not get in. Had the people not been coming out he would no doubt have got in before I caught him.
Prisoner made a statement from the dock to the effect that he was going home from work, and knew nothing whatever about the robbery; he was just going to have a drink when he was arrested.
Verdict, Guilty. Several previous convictions were proved against the prisoner.
Sentence, Twelve months' hard labour.
BEFORE THE RECORDER.
(Wednesday, March 11.)
BACHI, Henri de (16, labourer) ; stealing a postal letter containing an unsigned cheque, value 2d., the property of the Postmaster-General, and feloniously receiving the same well knowing it to have been stolen.
Mr. Forster Boulton, M. P., prosecuted.
ETHEL COOKE , manageress to Messrs. Campbell, Perth Dye Works, at Midland Crescent, Finchley Road; Hampstead. This cheque (un-signed), dated February 11 last, was written out by me. I put it in a printed addressed envelope to Messrs. Campbell, Perth, N. B. We have to send cheques there to be signed. I gave it to our porter shrimpton with another letter to post, and gave him 2d. for stamps.
ARTHUR SAUNDERS SHEIMPTON , porter to Messrs. Campbell, at Finchley. The last witness gave me two letters to post and 2d. to buy stamps. I bought four halfpenny stamps and put them on the letters, which I posted in the pillar-box on the bridge about 4.30 p.m.
ERIC MORECAMBE , 2, Baldock Street. I know the prisoner. He gave me the cheque in question on February 11, and asked me whether it was valuable. I said I did not know, but I would find out for him. (To the Judge.) He told me he got it out of a latter. (To Mr. Boulton.) I took it home to my mother. The prisoner afterwards came to my house.
Sergeant JAMES BUXTON. In consequence of information received I saw the prisoner at 1.45 on February 17 last. I told him I was a police officer, and I should take him into custody for stealing a cheque on the preceding Tuesday. He said, "I did not steal it, I found it in the Tottenham Court Road, near the Euston Road, by a new building, at half-past three." I said, "How do yon account for the time?" He said, "I remember well that it was a quarter to
three that I was in the lodging-house, and I had a stroll round and I picked it up there." I said to him on the way to the station, "You have told me a lie in this case, as the cheque was not posted until half-past four, therefore it was impossible for you to have picked it up." He hesitated, and he said then, "Well, I do not like to give a pal away; a pal of mine named 'Finchley Bill' gave me the cheque; I did not think it was any good as it was crossed, so I gave it to Erie Morecambe to ask his mother if it was any good or not; I did not think it was valuable. There were two letters in a post-box attached to the wall in the Finchley Road, and 'Finchley Bill' fished the letters out. There were four halfpenny stamps on the letters. He picked them off and sold them for a penny. Verdict, Guilty of receiving. Sentence, Two years in a Borstal Prison.
POLEYH, Louis (60, merchant) ; breaking and entering the warehouse of Alfred Chaston Chapman and stealing therein 20 platinum dishes and other articles, his goods; feloniously receiving part of the said goods, well knowing them to have been stolen.
Mr. Hurrell and Mr. Sydney Williams prosecuted; Mr. W. H. Sands defended.
Detective-constable FREDERICK HUTTON, City. On February 11 last, shortly after noon, I went to 122, Wardour Street, to the shop of Mr. Newell, a refiner. I saw prisoner in the shop. The manager, Mr. Taylor, asked prisoner and myself into his office, and produced this platinum, which weighed 10 oz. 14 dwt. and 2 grs.; most of it was broken into small pieces. Prisoner said nothing at the time; Taylor said in his presence, "This is the man who sold me this platinum." Prisoner said, "But you are looking for cups; these are not cups." I said, "No, dishes I am looking for." I then said, "You must consider yourself in custody on a charge of breaking and entering and stealing and receiving a large quantity of platinum articles from No. 8, Duke Street, Aldgate, between January 25 and 26 this year." He said, "I bought it right and left; I cannot say from whom or where." I then conveyed him to the City. At the City I asked him if he could give me any information. He said he bought them right and left, he did not know from where or whom, and that he had purchased six ounces of platinum from a man known as "Smith of Berlin," and in Shaftesbury Avenue in June last. He was afterwards charged, and he said, "Have not the firm the pluck to charge me, who lost it?"
Cross-examined. I have not been in charge of this case from the first. I have been acting on instructions. I have taken an active part in looking for the prisoner. The police notice which was circulated about this property is here. It was issued on January 29. It contains a list of everything but the silver crucibles. I do not know much about platinum. I took the prisoner into custody at his house. There is no other charge against him to my knowledge.
me about 11 a.m. and asked me what I would give him for platinum per ounce. I asked him how much he had got. He said about 17 oz. I gave him 90s. per oz. There was a small quantity of silver mixed with this platinum. It is only worth 2s. 3 1/2 d. per ounce to-day. I asked him how it came into his possession, and whether it was all straight and that kind of thing. He gave a description of it as far as be knew where he bought it, mentioning Debenhams and also Belgium and Germany, Antwerp, and Brussels at different times. I asked him where he lived, and he said 88, High Street, Camden Town. He produced a letter, I believe, from a bank in Finsbury Park with his address on it as a means of identification and also a number of other papers. I bought the platinum. At first I offered him 85s., but finally gave him 90s. He told me if I did not buy it he would take it to Johnson Matthey's, where he generally sold his platinum. I paid him £75 11s. 10d. by crossed cheque. Directly he had gone I gave it to our practical man to test, because small pieces of polished sliver when mixed in with platinum are not readily recognised. It is not unusual to put small pieces of silver in with platinum in order to take the refiner in. Subsequently the prisoner brought the crossed cheque back saying that Debenhams (to whom he had been) would not take crossed cheques from dealers, so I gave him an open cheque for £75, at the same time telling him I bad found silver in it. In consequence of what I was told by a wholesale house to whom I had arranged to sell the platinum, I called at the prisoner's house, 88, High Street, Camden Town. He then assured me that the transaction was perfectly straight and that he had had the platinum in his possession 14 or 15 months. I did not say it corresponded with the platinum stolen, because nobody in the world could tell that. I went away for the moment satisfied. The next day I went to the people to whom I had arranged to sell it, and in consequence of what they said I took it away from them. I subsequently saw prisoner, and suggested that he should take it back from me. This he assented to do on my indemnifying him against any loss. My uneasiness in the matter was simply because I have always endeavoured to do a perfectly straight business and have a very high reputation, which I desire to keep. (To the Judge.) At the time I bought it I had no idea that it was stolen. I subsequently took steps to see those who could be in any way connected with it. (His Lordship remarked that the witness had acted most properly.) Platinum is used for electric light and dental purposes and by analytical chemists.
Cross-examined. There is a very small quantity of platinum in the market and the market price varies. It has depreciated 7s. to 10s. per oz. since it has been in the hands of the police. When I went to see prisoner he showed no signs of embarrassment whatever. He said, "Take me to the police," and gave a number of references to people who he said knew him. He mentioned the police notice to me on the Tuesday evening. He also said he would take it back in small quantities to which I absented. He took back 6 oz., I think, on February 3. From information I received I had ascertained that he was a general dealer. I did not tell the police I had got some
platinum. The police showed me a number of drawings on February 11; that was the first time I had seen them. On the second occasion that the prisoner came he was going to buy back some more of the platinum—about 5 oz. The only similarity between the platinum produced and the lost articles is that they are all made of platinum. Platinum can only be melted by people who possess plant for that purpose
Re-examined. I do not think it is generally known that platinum is so difficult to melt.
FREDERICK THOMAS HARRY , manager to the prosecutor. On Saturday, January 25, the premises were all right at mid-day when I left. When I arrived there on Monday, about 9.30 a.m., I found that the top of the safe had been taken off and the platinum articles had been taken out of it. I made drawings of some of the articles stolen, which comprised dishes and cups. They are as nearly as possible the correct size. I identify the Exhibits 2, 3, 4, and 6. Exhibit 2 has an exceptionally large welded joint, and the figure "2" is blurred in the marking. These dishes have been through my hands ever so many times. (The distinguishing characteristics of the other exhibits were described in great minuteness by the witness.) Envelope 5 contains portions of a "Gooch" crucible, which I identify by means of a stain upon it. Two silver crucibles were also stolen, which I omitted to put into the list.
Cross-examined. The things stolen were all bought before 1903. They are largely used by other people than ourselves, and are subjected to great heat in other laboratories than ours. Before platinum is worked up I believe it is sold in large sheets. The dishes are used for testing milk.
Re-examined. I am able to speak positively to the peculiar blur on the figure "2."
FREDERICK SAMUEL STIRLING BAKER , bacteriological assistant to the prosecutor. We had five dishes in use. I have seen them many times I know that one was badly marked, but which number it was I can not say. The portion of the Gooch crucible produced is very similar to ours, and it is stained. I use a Gooch crucible.
Cross-examined. All crucibles which have been heated would have a little stain. I cannot swear to any piece, but they are identical with what we had.
HENRY BINGIR , porter to the prosecutor. I left the premises safely locked up on January 25 at 2.30. I fastened up all the windows. There is no communication between our premises and the premises which are on the ground floor. When I got there on the Monday I found the police and detectives there and the place in disorder.
Sergeant JOHN FRANCIS, City Police. I was called to the prosecutor's premises on Sunday, January 26 last, at 10 a.m. I found a hole about 15 inches by 18 inches cut through the floor of the first floor and through the ceiling underneath into the premises of Mr. Hyam, an insurance broker. I found these tools (produced) lying on a table beneath the hole. In my opinion the burglars had tied three towels together and fastened them on to a gas-pipe and let themselves down
into the ground floor, and got up again the same way. An unsuccessful attempt had been made to open a safe in Mr. Hyam's premises. Whoever committed the robbery must, I think, have been concealed on the premises when locked up. Exit from the prosecutor's premises had, I think, been obtained through the lavatory window, which abuts, on to a low roof, and then down an exhaust gas-pipe, leading through other premises into Hanover Court, Houndsditch, which would be deserted on a Sunday morning.
(The prisoner's statement before the magistrate was read.) His Lordship said he thought there was no case against the prisoner of breaking and entering, but simply of receiving.
Detective HUTTON was recalled, and stated that with the exception of the conviction mentioned in the prisoner's statement for keeping a disorderly house, he was not aware of any charge involving dishonesty having been brought against the prisoner. He had received information that there was, but he could not find it. At Debenham's the prisoner was well known as an outside dealer about 10 years ago, but prisoner had never had an account with them. The prisoner had several times been convicted of brothel keeping.
LOUIS POLEYH (prisoner on oath). I am an Austrian by birth, but have been in England 32 years. After the conviction referred to in my statement, I have been dealing "right and left," with 200 people (whose names you will find in my pocket-book) in gold and jewellery, diamonds and old gold, gold leaf, and also platinum, which I have bought✗ abroad amongst other places. This bundle of bills (produced) will show what I have dealt in. (His Lordship having examined them remarked that they seemed mostly to refer to cigars.) My pocket-book was taken from me when I was arrested. (The pocket-book was handed to the witness.) If the police had taken the trouble to inquire of those people whose names are down here they would have found out the firms with whom I had been dealing. This platinum had been in my possession about a year. I have bought platinum in small quantities during the past three years—the last was in July, 1907. I would not buy a pennyworth of it if I knew it was stolen. On every sheet of platinum sold before it is made up you will✗ find makers marks. I bought 180 grains of platinum in Belgium. I cannot say anything about the special joints referred to on the exhibits produced; I only know about "scraps." I pay £1 a week rent for the upper part of 88, Camden Road. I gave my correct address to Mr. Taylor, and told him if he was not satisfied with the bargain he could take me to the police station and charge me. I first heard of the platinum being stolen on the Tuesday, when a pawnbroker showed me the list. I went to the prosecutor and sold him some more the next day. I did not take any steps to move away from my address; I am too well known in this country. (To the Judge.) I did not sell this £75 worth before because I had been waiting for the market to go up.
Cross-examined. A man named Smith sold me 6 oz. within the last 12 months.
(Thursday, March 12.)
Further Cross-examined. I purchased this platinum in July last, part of it from Schmidt, of Berlin. He comes to England every six months. Then I puchased about 15 oz. from Max Abel at £5 an oz. I have no bills relating to these purchases; I have no bills whatever relating to purchases of platinum. I got 6 oz. back from Taylor which I sold to Newell, who is the agent of a German firm, for £4 10s. per oz. I met him outside Debenham's and he agreed to buy it He has no address here. I have bought at Debenham's for 25 years—gold, diamonds, everything—and have given them cheques to the extent of £20,000 during that time. About four months ago I paid them a bill of £16 or £17. Debenham's sell platinum articles and small pieces of platinum, too. I said yesterday I paid £1 a week for my rooms; I pay £1 4s. a month; I misunderstood the question. I have dealt in platinum for years and years. I was a big man at one time—I had 25 racehorses once.
Sentence, Three years' penal servitude and ordered to be deported at expiration of sentence.
BEFORE THE RECORDER.
(Thursday, March 12.)
BONIFACE, Charles (45, carman), pleaded guilty of stealing 640 lb. gutta percha, value £128, the property of the Telegraph Construction and Maintenance Company, and receiving same; of receiving 21 cwt. 1 qr. gutta percha, well knowing the same to be stolen. FRIBBINS, James, pleaded guilty of, while servant of the Telegraph Construction, etc., Company, stealing and receiving 10 lb. of gutta percha on January 27. LAW, Thomas (51, labourer), pleaded guilty of, while servant of the Telegraph, etc., Company, stealing and receiving 10 lb. of gutta percha on December 10, 1907. BRANCH, Charles (42, labourer) ; on December 7, 1907, while servant of the Telegraph, etc., Company, stealing and receiving 10 lb. of gutta percha. GIBBONS, Robert ; on December 15, 1907, while servant of the Telegraph, etc., Company, stealing and receiving 10 lb. of gutta percha; on December 31, 1907. stealing and receiving 20 lb.; on January 27, 1906, stealing 5 lb. of gutta percha. SIMS, William ; on November 15, 1907, while servant of the Telegraph, etc., Company, stealing and receiving 10 lb. gutta percha; the like on January 29, 1908. LAW, Thomas (51, labourer), and LAW, Thomas Henry, 29, labourer); while servants of the Telegraph, etc., Company, on August 15, 1907, stealing and receiving 10 lb. of gutta percha; the like on November 18, 1907; on January 31, 1908, stealing and receiving 640 lb. of gutta percha.
Mr. R. D. Muir and Mr. W. H. Leycester prosecuted; Mr. Burnie and Mr. Sidney E. Williams appeared for Gibbons and Sims.
Thomas Law and Thomas Henry Law were then tried on the lastmentioned indictment:
WILLIAM PUDDICOMBE GRANVILLE , assistant manager, Telegraph Construction and Maintenance Company, Limited, 10, Wharf Road, City✗ Road. We employ from 300 to 600 men and use very large quantities of gutta percha, which is imported from the Malay Peninsula—it differs from India rubber. It is immersed in very hot water, then rolled roughly into sheets for storage and stamped with certain letters for identification. This is done in the masticating room, where both prisoners are employed, T. H. Law using the stamp and T. Law working one of the purifying machines. The saddle-shaped piece of gutta percha produced has been bent round to fit the shape of a human body, and bears the marks of a belt; it is partly manufactured, and shows the marks of the diamond pattern of an iron plate, which is in the masticating room, and on which it has apparently been placed to cool. It appears to have been carried out under a man's clothing. On another piece there is a chalk mark "No. 1,073." By that number I identify it as gutta percha manufactured since January, 1908, and as stolen in the early part of January—we mark it with that number at the present time. The police arrested Boniface on January 31 without instructions from us—we were suspicious, but had no information. The police acted on their own initiative. The gutta percha shown me at the police-station weighs 640 lb., and is worth 4s. a lb.—£128. T. H. Law was arrested some days after his father, T. Law. I had a conversation with T. H. Law before his arrest. He told me he knew nothing about it.
Cross-examined. On January 10 T. Law had an accident and has not been to the factory since, except to get his money.
JOHN WILLIAM EDEN . I was employed as labourer in the masticating room with both the prisoners. About the end of November, 1907, I saw the prisoners at the "Green Gate" public-house, City Road. Fribbins, Gibbons, and sims were there. T. H. Law said, "Jack, why don't you join in with us? Why don't you have some fine clothes as well as others?" I said, "What is that?" He said, "Stealing gutta percha with me." I said I would look over it and decide whether I would or not. I began to steal gutta percha a week afterwards, taking a piece about 5 lb. from the tubs. I put it under the boxes at the end of the room to cool down, and carried it out under my waistcoat, taking it to T. Law's house, 6, Richmond Street, Bath Street, City Road. I went to work at 6 a.m., went to breakfast 8 to 8 30, and took it then. I did this nearly every morning, taking from 30 to 60 lb. a week. I was paid for it every Saturday by T. Law at 5d. a lb. His son was generally present, but none of the others. T. Law used to come to work at 8.30. After delivering the stuff I generally came back with him until he met with his accident. About three weeks before Boniface was arrested T. Law said, "Boniface has made a new scheme; he sends his wife round with a mail-cart every
morning for the stuff." I never took any to Boniface—all to Law's house. Boniface was formerly employed by the company. I have been discharged in consequence of this. Since I have been taking it I have seen both the prisoners take it themselves. T. Law would take it from the boxes. I took it from the tanks. I have received from 15s. to £1 a week from Law for the stuff. My wages are about 23s. 10d. a week according to the hours I work. T. H. Law took his from the mills. He told me he would cut off a piece and kick it under the mill. I have seen him put it on his body afterwards. I have been in Law's kitchen; the window is on the right side; there are two tables, a chest of drawers, and a dresser. I described the house to the magistrate. I was not asked about it before. (To the Jury.) It is about 10 minutes' walk from the factory to Law's house.
ELLEN BONIFACE , wife of Charles Boniface. My husband worked for the company up to Christmas, 1906. He has done no work since. We live at 67, Britannia Street, about five minutes' walk from Law's house. I was sent by my husband on Thursday or Friday every week to bring gutta perch a from Law's house. I used to tie it up in an apron and put it on the mail-cart. T. Law's wife handed it to me. T. Law gave it to me the last two times before my husband was arrested. He did so the day before the arrest. I did not know what it was or that it was stolen—my husband told me it was composition. It was put in our front room and taken away weekly by a man I knew as Mr. Marchant, whom I see in court. He came with a horse and van. I went the next day to Southampton Street, Camberwell, for the money. I generally saw two ladies—Mrs. Marchant and her daughter—and received £10 or less. The least amount was £4. Other people brought composition to my house, which was dealt with in the same way. At the police-court I stated I had never seen T. Law at his house. I have known Law since about seven years ago, when he and his family lived in the same house with us. On the night that my husband and T. Law were arrested, T. Law denied at the police-station that I had fetched the stuff from his place.
Cross-examined. by T. Law. When I came to fetch the stuff from your house I did not say, "This is Eden's."
PETER COKDELL , foreman clerk at the company's factory. In November, December, and January last I went out to breakfast every morning from eight to 8.30. Eden often went with me and left me at the corner of Regent Street, going in the direction of Law's house. Almost every morning I have seen him return with T. Law, until Law had his accident. I have seen him once return with T. H. Law while T. Law was away ill. I gave this evidence at the police court and both prisoners said it was quite correct. It would take eight to 10 minutes to go from the factory to Law's house.
Detective-sergeant WILLIAM MOLD. On January 31, with Sergeant Leach, I saw Thomas Law at 6, Richmond Street. We told him we were police officers, and we had a man in custody named Charles Boniface for stealing four bags of gutta percha which we found at
Boniface's house, 67, Britannia Street, and in consequence of what Boniface's wife told us we should take him into custody for being concerned in stealing and receiving the same. He said, "I know nothing about it, I am innocent, and you can search my place." We did so, and found nothing. He said, "I work at the gutta percha works, and have been there four years. I have been at home for a fortnight with this bad hand." At the station he was confronted with Boniface and his wife. Boniface said, "I do not know that man." The wife, pointing to Law, said, "That is the man who handed me some stuff yesterday at his house, which I took home." Law said, "She is telling a falsehood; I have not seen her for weeks." He was charged the following morning, and said, "I know nothing about it; I am innocent." On February 12, with Leach, I arrested T. H. Law at the factory. I told him we should take him into custody for being concerned with others in custody in stealing gutta percha. He said, "I am innocent of anything. My mates can all prove that I am innocent." I searched him and found nothing. On the way to the station he said, "This seems funny to me; I cannot understand why I am drawn into this." The gutta percha produced was all found at Boniface's house.
The Recorder said in his opinion there was no corroboration in any material particular of the evidence, which was all that of accomplices. He asked the jury if they wished to hear the prisoner in their defence.
The jury then returned a verdict of Not guilty.
Mr. Muir said the other cases were practically on the same footing. No evidence was offered against Gibbons, Branch, and Suns. Verdict of Not guilty was taken.
Fribbins admitted being convicted of felony at Clerkenwell on March 2, 1896. Mr. Muir stated that he was a very poor man, and the prosecutors desired to recommend him to mercy. He had pleaded guilty, and the others who had not admitted their guilt had got away altogether. T. Law's case was a bad one—he was an intermediary receiver.
Sentences: Boniface, 18 months' hard labour; Fribbins, Seven days' hard labour; Thomas Law, Nine months' hard labour.
The Recorder (to Detective-sergeant Leach). I congratulate you upon your great cleverness in finding out where all this valuable property had gone to. It is not your fault that the evidence is not forthcoming to show how it got there. I think the police ought to keep observation upon Marchants' place.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 12.)
WEDEKIND, Waldemar (31, merchant) ; unlawfully attempting to procure the commission by Hugh Wright, a male person, of an act of gross indecency, and unlawfully committing an act of gross indecency with Hugh Wright.
Mr. C. G. Moran prosecuted; Mr. C. F. Gill, K. C., and Mr. Curtis Bennett defended.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Friday, March 13.)
Mr. W. Clarke Hall and Mr. Barrington Ward prosecuted; Mr. A. J. Lawrie and Mr. H. D. Roome defended.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Friday, March 13.)
Mr. Clarke Hall and Mr. Gwyer prosecuted.
Verdict, Guilty on both indictments.
Prisoner was convicted of a similar offence at Ipswich in 1896, and Inspector Lambert, R Division, said there had been complaints of his conduct towards little girls in Greenwich Park.
Sentence, Fifteen months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Friday, March 13.)
Mr. Clarke Hall prosecuted; Mr. A. J. Lawrie defended.
Sentence, Four months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 4.)
Mr. R. D. Muir, Mr. Arthur Gill, and Mr. Travers Humphreys prosecuted; Mr. Eustace Fulton and Mr. H. D. Roome defended.
WALTER CROW , chief clerk at Marylebone Police Court, proved his notes of prisoner's evidence before Mr. Paul Taylor, on August 7, 1907, at the hearing of a charge against prisoner of unlawfully obstructing two police officers in the execution of their duty.
FRANCIS WILLIAM POLLARD , an official of the Central Criminal Court, produced from the custody of the Court the original depositions taken at Marylebone Police Court on the charge against Phil Jenkin and James Adams, before Mr. Plowden, on September 17 and other days, concluding on October 18. He also produced the indictment for perjury found against James Adams in this Court.
HENRY WITHERINGTON , chief clerk, Lambeth Police Court, who was second clerk at Marylebone Police Court in September last, proved his notes of Sexton's evidence on September 17, in the charge against Adams and Jenkin for perjury.
ALFRED WILLIAM EDMUNDS , employed by the official shorthand writer of this Court, proved his notes of prisoner's evidence at the trial of James Adams on November 25 last. (A transcript of the notes was read to the Court by Mr. Muir.)
(Thursday, March 5.)
The reading of the shorthand writer's notes in the case of Adams was continued.
Mr. CROW, magistrates' clerk, put in the notes taken at the hearing before Mr. Paul Taylor.
Police-constable BENJAMIN SPENCER, 194 X, put in plans of Harrow Road Police Station and of the district in which the occurrences of August 5 took place.
THOMAS SMITH , potman at the "Lord Elgin." On the night of August Bank Holiday I was in the house from six o'clock until closing time. Prisoner Sexton was in the house at frequent intervals from about nine o'clock onwards. A man named Invest was there with him. There was a man named Barnes in one of the compartments whom I ordered out, but he came in again on several occasions. Finally I fetched Constable Knight to turn him out. A man named Wedger was in the house that night at different times. I closed the house at 25 minutes past 12. Walter Sexton was the last man out of the house bar me.
Cross-examined. I was first asked to give evidence in this case when the police came to my governor. I saw Inspector Stock some little time after Sexton had been fined. There were a good many people in the house on Bank Holiday night. I was asked to give my recollection of what happened in the house. I was not in complete command of the house. My governor's son was acting as manager. I particularly noticed Barnes, because I had told him to go out. We closed five minutes before time that night so as to get the people out. When Sexton left I said, "Good night, Walter." The man with him was Invest. Barnes has been barred the house for kicking up a noise. I think he has been barred five times. On this particular night he was nasty drunk and spoiling for a fight. He was
bordering on drunk and wanted to make himself objectionable to everybody else. Sexton was in the house four or five times. He kept on bringing a jug and taking it home again. He drank mild and bitter, to the best of my recollection.
Police-constable JOSEPH KNIGHT, 678 X. On the night of Bank Holiday, August 5, I paraded for duty at 10 o'clock. My time for duty lasted till six o'clock the next morning. I was on beat, and amongst the places I visited were the "Elgin" public-house and the Elgin Mews. I was doing two beats, as the station was shorthanded. I was near the "Elgin" about 12. There was a great noise of shouting, dancing, and singing amongst the cab washers and one or two people that were there. I remember being asked to eject the man Barnes about 12.15. He was very drunk. In the early morning following I arrested Stephen Knight in Elgin Mews. There was great disorder, shouting, singing, and carrying on. I did not notice the prisoner there. Knight was shouting and dancing. When I cautioned him first he wanted to fight me. It is 1,503 yards from Elgin Mews to the police station, and I should say it took me fully half an hour to go there. He was very drunk and hanging on to the railings and would not go along with me at all. Under ordinary conditions it is a quarter of an hour's walk. We came from the mews into Portsdown Road, then into Elgin Avenue, across Harrow Road, where the "Prince of Wales" is. I should say I got him to the station about 10 minutes past one. The charge was taken at 1.15 or 1.20, somewhere about that. I would have arrested another man if I had had someone with me. The same morning Knight was charged before Mr. Paul Taylor.
Cross-examined. I made a note of these events in the station after he had been charged. I was first asked about my recollection of this matter at the hearing before Mr. Plowden. I then clearly recognised the face of the man I had been asked to eject on the night of Bank Holiday, though it was some weeks afterwards. There is no truth in the suggestion that I have invented a struggle on the way to the station in order to account for the time.
Police-constable JAMES ADAMS, 498 X, stationed at Harrow Road. On the night of Bank Holiday, August 5, I paraded for duty at a quarter to 10, and went on duty at 10 o'clock. I had two beats that night, six and seven, as we were shorthanded at the station. Those beats included part of Harrow Road where it joins Cirencester Street, and the whole of Cirencestor Street itself. Police-constalble Jenkin was that night on duty at the Alfred Road point, nearly opposite Cirencester Street. I passed him several times in the course of the evening. It was about one o'clock, as nearly as I can say, when I went down Cirencester Street for the last time. I spoke to Jenkin just before I went down. The condition of the street was very noisy; there was general uproar, with shouting and swearing, the usual condition of the street on Bank Holiday nights. A few yards down the street Jenkin caught me up, and we proceeded for about 150 yards. The crowd was standing about in little groups of five or six, swearing, shouting, singing, and there was general uproar.
In endeavouring to disperse the crowd my attention was particularly called to the man Howard, who was very drunk. I requested him two or three times to go away. He said, "Why do not you take some of these f—s in?" I took him into custody, and started to take him to Harrow Road Police Station. Jenkin assisted me. Howard became very violent, and tried to throw himself. The crowd tried to abstruct us by pushing into us, and I noticed particularly Sexton and Church. Near the corner of Harrow Road Church took hold of Howard and attempted to pull him away, saying, "No, you don't; he is a good old pal of mine." I said to Jenkin, "You fall back and keep the crowd back. I will manage this one." I took Howard to the Harrow Road Police Station, where the charge was taken by Inspector Stock at 1.20 a.m. Inspector Stock gave me instructions to at once return to Cirencester Street to assist Jenkin. At the top of that street I saw Jenkin with Church and Sexton in custody, followed by a crowd of, I should think, 200 persons. A man named Heard was assisting Jenkin. Jenkin handed Church over to me and I took him to the station, which we reached about two o'clock. The two men were charged with obstructing the police. It is not true that Sexton was surrounded by policemen in the station, and then put into the dock; it is absolutely false. At 1.45 a. m., the time he says that was done, he was coming along to the station. Sexton could not have spoken to Inspector Stock at 1.40 for the same reason. Next morning I gave evidence against Sexton and Church, and they were fined. After that a summons for perjury was served upon me, and at the trial at this Court I was acquitted.
Cross-examined. I did not think it necessary to make any note of these events. I was subsequently called upon to make report. I made the following statement before Mr. Paul Taylor: "Shortly after one I had a prisoner (Howard) in custody who was violent. 433 X (Jenkin) assisted me. I saw prisoners (Sexton and Church) come behind Jenkin and try to pull him away. Church said, 'No, you don't; he's a good old pal of mine.' I went on to the station with Howard, and on coming back I met 433 X with the two prisoners in custody at the top of Cirencester Street. That was about 20 to two." There were two attempts at rescue. Church and Sexton were together on each occasion, but at the second attempt Church was the only one I saw get hold of Howard. I had not seen Heard previous to this occassion. Before the magistrate he described himself as a shoemaker, and I did not know he was a detective in the employ of the Great Western Railway. When I first saw him he had one hand on Sexton's arm and with the other was keeping the crowd back. Jenkin had a prisoner in each hand. Constable Sharp was in the charge room when we entered. I made no inquiry of Heard as to who he was and what he was doing. I thought he was a witness. I did not hear what Heard said at the station. I do not remember what he said before Mr. Paul Taylor. I am quite certain that when I went to the station the first time with Howard Sharp was not at the door. He was in the charge room. Constable Knight was not there. I should not say Sexton was drunk. I joined the force on May 21,
1900, and was stationed at Marlborough Mews in the C Division. After seven weeks I put in an application to be removed, and was next stationed at Willesden in the X Division, which includes also Harlesden, Harrow, and Pinner. I remained at Willesden till the end of February, 1906, when I was removed to Harrow as a punishment for being drunk on duty, and my pay was reduced. I was not also charged with assaulting my sergeant.
Re-examined. The case before Mr. Paul Taylor was concluded before I was called upon to make any report. The statement I made before Mr. Paul Taylor was true. Since I was fined two years ago for being drunk on duty nothing of the kind has occurred, and I have now been restored to my full annual increment of pay.
BENJAMIN SPENCER recalled. The distance between 42, Cirencester Street and the corner of Harrow Road is 142 yards; from 44, Cirencester Street to Harrow Road, 146 yards; from Ranelagh Hall (Mission Hall), 106 yards; from Desborough Street to Harrow Road, 43 yards; from the junction of Woodchester Street and Cirencester Street to Harrow Road, 268 yards; from the junction of Cirencester Street and Harrow Road to the middle of the Lock Bridge, 140 yards; from the corner of Cirencester Street to the Stafford Gate, 353 yards; from the top of Cirencester Street to the "Prince of Wales," 802 yards.
FREDERICK WILLIAM BOYLE , porter, Elgin Mansions, Elgin Avenue, Maida Vale. I spent August 5 last at, Weymouth, returning to Paddington at 12.30 at night; went to supper at a friend's house in Waverley Road, which is in Harrow Road, opposite the end of Cirencester Street. I returned into the Harrow Road just after one, when I saw two constables with a prisoner coming out of Cirencester Street. One of the constables dropped back towards Cirencester Street, the other proceeding with his prisoner towards Carlton Bridge Police Station. There was a crowd of 50 to 100 people who were shouting, "Let the man go!" That was about 1.10 a. m.
Cross-examined. It takes about 15 minutes to go from Paddington to 13, Waverley Road. I do not identify the prisoner or the policeconstables. I remember the time because I noticed Cooper's clock on the Lock Bridge—1.10. I did not mention this to anyone. Stock came to me about a month before I gave evidence here and asked me what I saw of this in Harrow Road and took my statement, which I said I was only too pleased to give him. I pass the Lock Bridge about twice a week, and always notice the time because I have to turn out the lights at the mansions and have not a watch.
Re-examined. I may have mentioned to someone that I was there on that night, but I do not remember. I know one or two of the police-constables who patrol the streets near me by sight. I have been three years in my present situation, 14 years previously as a milk carried to Welford and Sons, and have no interest in telling this court anything except the truth.
GEORGE ROBERTSON , divisional surgeon, Harrow Road Police Station. I have been twenty years fleet surgeon in the Navy, have had 20 years' experience as a divisional surgeon, and know a drunken man when I see him. I was in the charge room at Harrow Road
Police Station at 1.30 a.m. on August 6 and also in the inspector's office. I examined Howard; he was drunk. I left at about 1.40 or 1.45. There was no disturbance in the station while I was there.
Police-constable PHILIP JENKIN, 433 X. On August 5, at nine p. m., I went on point duty at the corner of Alfred Road and Harrow Road—I would have to keep that corner always in sight unless called away on police duty. I saw Police-constable Adams several times that night—he was on beat duty. I saw Adams at about one a.m., just as I was due to go off duty and went down Cirencester Street with him. There was a large and noisy crowd there. Howard was there, drunk, shouting, and using bad language. Adams requested him to go away and, as he did not, took him into custody. I assisted; we passed up the street; some in the crowd threw gravel at us and pushed against us. Church and Sexton tried to pull me away from the prisoner. I told them to mind their own business and keep back, which they did for the moment; further up the street Church and Sexton tried to pull me away again; the crowd were very roughly pushing all around us. We got to the top of Cirencester Street when Adams went on to the station, with Howard, and I returned down the street. Half-way down I recognised Church, arrested him, and brought him to the top of Cirencester Street, where I saw Sexton and took him. Heard then came up, said something to me which I did not hear, and put his hand on Sexton. As we got round the corner into the Harrow Road Adams returned, took charge of Church and I with Heard conveyed Sexton to the station and into the charge-room, when I charged the two men, before Inspector Stock, with obstructing the police while in the execution of their duty. Neither made any reply to the charge. I signed the charge sheet and went home at about two a.m. I did not' see Richardson in the charge-room. Sexton did not speak to Richardson nor to Stock. I gave evidence the next day before the magistrate, and the two defendants were convicted on August 8. Shortly after, I was charged with Adams with perjury; we were committed for trial to this Court; the case of Adams was taken first. I gave evidence on his behalf; he was acquitted and no evidence was offered against me. I saw Sharp at the station. Neither I, Adams, Heard, nor Sharp were drunk that night.
Cross-examined. I know now that Howard was arrested opposite 42, Cirencester Street. The first attempt was 15 yards up the street, and a second attempt at the corner of Desborough Street. I said before Mr. Paul Taylor that I arrested Church as he was about to go down his area; that is a mistake for "an area," as I did not know where he lived at the time. It took me some time to take Church up the street; 10 or 20 minutes. It was the first time I had seen Heard. He may have said as I stated at the police court, "This is one policeman." I said nothing to him—he went on to the station with me and the prisoner. Heard spoke to Stock after I had given the charge. Sexton had evidently been drinking, but he was not drunk. I joined the force on August 31, 1891, was in the H Division, Whitechapel, for 10 1/2 years, and was then removed to the X Division, Harlesden. I was removed because two young ladies were charged with disorderly
conduct, and discharged by the magistrate. I was at Harlesden 4 1/2 years, and was removed because there was some trouble over a black man who died and who was not removed from a brickfield. It was suggested that I had assaulted him. I was examined before the coroner's jury, and exonerated from all blame. Moore was the actingsergeant on my section that night; I could not say when he visited me.
Re-examined. I have been 17 years in the force, and have never had my pay or rank reduced. I was fined 10s. when removed from Whitechapel.
LOUISE BLOMFIELD , 11, Cirencester Street, married. In August, 1907, I was living at my mother's, 44, Cirencester Street, with two brothers and two sisters. At a little before 1 a.m. on August 6 there was a disturbance in the street and I went out without my hat and coat to see the quarrel. Near the Mission Hall a young man, whom I believe to be the prisoner, spoke to me about the disturbance and said the street bore a very bad reputation. He then ran away towards the crowd in the direction away from Harrow Road. I know Mr. and Mrs. Church; they live two or three houses from me. In September I have seen Sexton talking to them in Cirencester Street. I made a statement to the police on November 24, and attended the next day at this Court, and throughout the trial. I saw Sexton in the hall of the Court; he stood up, and I recognised him. He appeared to see me and looked at me rather contemptuously or disdainfully. On December 8 I went to my mother's house to see my sister. Mr. Timewell and a very old gentleman were there.
(Evidence of conversation with Timewell objected to, and disallowed.)
Cross-examined. I made my statement to Stock. I went to him because it had been rumoured that I had been in Sexton's company that night. I said I was with a gentleman—I did not think it necessary to say his name—I did not know his name. I am not sure now that it was the prisoner. I told Stock I believed the man I was speaking to was Sexton, and I still believe so. I did not want to be connected with this case at all until as everybody knew I was with the man Sexton there was nothing for me but to admit I was. At the trial of Adams I said I was talking with a gentleman. I never mentioned his name because I was not asked, and I never thought it important. I remember the time because my mother told me to go into my room at a quarter to one. I went in and came out again shortly before one a.m. and was in the street about 12 minutes. I saw only one policeman. The crowd was towards Woodchester Street. The policeman came by with someone in his charge, and went towards Harrow Road. On November 24 I went to Carlton Bridge Police Station, said I wanted to make a statement, and was taken in to Inspector Stock. I told him that I was out with a man on August Bank Holiday, who I believed to be Sexton.
Re-examined. Looking at Adams and Sexton, I believe Jenkin to be the police-constable I saw in Cirencester Street on the morning of August 6. He came towards me with a prisoner, but I went indoors before he reached me.
JOHN HEARD , Southall, shoemaker by trade and employed by the Great Western Railway as detective at Paddington Goods Station. On the night of August 5-6 I was on duty at Paddington from eight p.m. till six a.m., being allowed an hour for supper from one to two a.m., which I usually take at the canteen attached to the station, but that is closed on bank holidays. On that night I left the office at five minutes to one, getting out at the Stafford Gate at from five to eight minutes past one, when I accidentally met my brother and his wife who were passing. They live at 1, Hampden Street, a turning off the Harrow Road nearly opposite Cirencester Street. I walked with him to his house, which is at the top of Hampden Street, stood talking on the doorstep a few minutes, and returned into the Harrow Road. I heard a shouting and holloaing, and, following it, came into Cirencester Street, where I saw the police-constable whom I now know to be Jenkin opposite Desborough Street with a man: in custody—Church. There were 200 or 300 people who, as far at I could see, were ill-treating the constable—pulling and mauling him about. I saw Sexton strike Jenkin on the chest. I jumped in to the constable's assistance, pushed Sexton on one side, and said to him, "Why do not you act like an Englishman and assist the police when you lee them in trouble, not go against them." Sexton turned round as if to try to get away. I said, "No, you don't," caught hold of him, pulled him towards the constable, and said, "All right, officer, I am with you. Here is one that struck you." Jenkin then caught hold of Sexton. I retained his arm, and we fought our way through to the Harrow Road, where we were joined by Adams, whom I had never seen before. Adams then took Church from Jenkin. Jenkin and myself, with Sexton in custody, then walked towards the police-station, the crowd following us some distance up the road. I followed the constables and their prisoners into the station, went into the charge room with them, and made my statement to Inspector Stock. I was not drunk, and had had nothing to drink that night. Adams and Jenkin were not drunk. I am positive neither of the prisoners made any reply to the charge I was not in the charge room or the station before Sexton was taken in. It is absolutely false to say that I, with some officers in uniform and some not in uniform, arrested Sexton in the passage of the police-station. Sexton never spoke to Stock; he stood with his head hanging down.
(Friday, March 6.)
JOHN HEARD , recalled. Cross-examined. I was first employed by the Great Western Railway seven years ago as a police constable which I have been for four years and ten months, and two years a detective. When thieves are caught the police station to which they are taken depends on what part of the system they are found on. I have taken many such persons to the police station in the course of my employment. We are under strict discipline. When we go on and off duty we sign a book. The company do not care for yon, to leave the station unless it is touching upon their interests. My explanation
as to why I left is a truthful one. I got to my brother's house, I should say, 'about 1.15 or 1.30. I told him why I had come out. I went with him to his door, but did not go in. I do not know what Jenkin has said about the part of Cirencester Street where the affair happened. If he means at the corner of the Harrow Road it would not be true. It might have taken 10 minutes, or not so long, to get back to the top of the street, from the middle, with the two men. When we got to the top of the street another officer joined us. One of the police constable's asked me to follow on and keep the crowd back. I believe it was Adams. If I said at the police court it was Adams, it would be. I am positive that one or the other said it, even if they have both denied they had ever said anything to me. When we got to the station I went into the charge-room. Adams took Church in and Jenkin and I took the other prisoner in. A constable was there—a stout man—but I do not know his name. I had not been in there a minute and a half, I should think, before Inspector Stock came in. He asked me what I knew about it. He did not know me. I believe I have had occasion to go to that police station in the course of my duties while I was in uniform; I have not been to Carlton Bridge since I was out of uniform until that particular night. When in uniform I was employed at Warwick Road, Kensington, which is a Goods and Coal depot; I was on night duty there. Then I went back to Paddington. I did not go back to be promoted detective; I was back some months before that. When I went to Carton Bridge Station it would be when I was employed as a constable—it was over some brass caps being stolen from a coal yard at Westbourne Park. When I got in the station on this occasion I did not know Inspector Stock at the time nor Police-constable Adams; I had not seen him before to my knowledge. I did not know Police-constable Jenkin. I do not recollect Jenkin or Adams saying anything. I did not take notice of what was said, because I was not interested in the case to the same extent as if it had been the company's prosecution. Inspector Stock asked me what I knew about the matter, and I told him. I was standing by the side of the inspector's desk, and Jenkin and Adams were both together, when I made my statement to the inspector; I told him I had seen the prisoner strike the constable. There was no noise in the charge room, but I heard someone in one of the cells shouting. Very likely the two constables do not remember hearing what I said—I cannot help that From the time I entered the station to the time of taking the charge I daresay it would be about ten minutes. I left the station, as I was anxious to go back and resume duty. I had some distance to walk from Carlton Bridge Station. I got back to my duty at 2.25 a.m. and signed on. The proceedings at the police court were fully published in the Sunday papers, and on the Monday following my sergeant in the office asked me if "Heard, Shoemaker, of Southall" referred to me. I told him it did. (To the Judge). This the first occasion I was asked anything about it by my people. (Crossexamination, continued.) I told the officer in charge what I had done, and how I came to be out in the street late, and met my brother. My sergeant left me in the office, and went to my brother's
house to verify my statement, which he found was true. Then he said he should have to acquaint the superintendent of it. The case was reported, and I was taken before the superintendent; I gave the same explanation to him, and I was allowed to go back to work again. The superintendent said he was very pleased to think I had assisted the police, but he would rather I had reported the matter to him at the time. When I gave the explanation they did not notice that I signed on a week afterwards at 2.25. (To the Judge.) When I first signed the book I was not asked by anybody why it was I signed on so late. (Cross-examination, continued.) It is left for all the officers to sign on or off. I went off duty at 6 a.m. on the morning of August 6. I caught the 6.33 train to Southall. The inspector asked me the night before if I would appear at Marylebone Police Court and give evidence. I told the inspector I was a private individual living at Southall. I got back from Southall to Marylebone Police Court at about 10.30 or 10.45. When I got there Adams was just coming on of the witness-box. I commenced my evidence by saying I was a shoemaker, which was true. I did not hear the magistrate lay stress on my evidence as the evidence of a private witness in no way connected with the police. I did not say that I did not arrive at the top of the street until "after one o'clock." The magistrate's clerk has made a mistake. I said, "about 1.30 I was in the Harrow Road." I said I went up and saw two constables being roughly handled. That was a mistake on my part which I corrected immediately afterwards. I said, "I saw Sexton strike the Police-constable 433 X. on the chest." It is very likely that Jenkin has not said anything of any blow being struck at half-past one, because of the way in which he was being pulled and mauled about. He had as much as he could do to keep hold of his prisoner. I never said, "I pointed Sexton out to Police-constable 433 X, who arrested him." because he caught hold of the man himself. That is another mistake of the magistrate's clerk. I saw Church there, but did not see him doing anything. I said he was stripped in a fighting attitude, by which I mean he had no waistcoat, coat, or hat on. He was making use of most filthy language. I also said before Mr. Paul Taylor, "I followed to the station and helped to keep the crowd back, who were like savages; both police-constables were not there when prisoners were arrested; it happened about 1.30." I also said, "I saw Sexton in Cirencester Street and spoke to him." I do not know what Jenkin said in his evidence. I have not heard him give any. I have not been told what he said by anybody connected with this case. I was instructed by my superior officer to appear and give evidence on behalf of Adams when he was upon his trial. I was told to go to Messrs. Wontner's office at three o'clock in the afternoon, where I saw Mr. Muskett, who took my statement.
Re-examined by Mr. Muir. Before I was employed by the Great Western Railway I lived at 20, Glengall Road, Kilburn. I lived at my last address ten months before I went into the service of the Great Western Police. During that time I had followed the occupation of shoemaking. Before I lived in Glengall Road I lived and
worked at Malvern Road for over two years. I then followed the occupation of a shoemaker. I came from Crediton, Devonshire, when I was 18, where I served my apprenticeship as shoemaker. I am now over 35 years of age. When I went to the Great Western Railway Police I had to produce credentials as to character, which were quite satisfactory. Since I have been in the police I have been promoted to the detective branch, and commended by my superintendent. When I say, "The middle of the street," I mean between the two gutters. On my way from Cirencester Street to the police-station I was pulled and mauled about; I had my collar torn off. I do not know any officers at Carlton Bridge Station. At the police-court I was cross-examined by Sexton. I do not remember what questions he put to me, but he did not suggest that I was drunk. On the first day I do not think Sexton was represented by a solicitor, but I believe he was subsequently—by a Mr. Hill.
CHARLES HEARD , 1, Hampden Street, Harrow Road, labourer. I have lived there for two years and a half. On August Bank Holiday about one a.m. I was going up Porchester Road near the Stafford Gate with my wife, when I met my brother. We had a little conversation, and I went towards my home. My brother accompanied me and stopped outside for about 25 minutes. He left me at the door just about half-past one. I went indoors.
Cross-examined. I remember the time, because I was out with my wife. I heard the clock strike. I can tell by the time where I had been and the time it took me to get home where I was at that time. I had been for a ramble round. We had been on the Scrubbs the early part of the evening. We took a bus from the Scrubbs to the Marble Arch and then walked home. I know it was half-past one when I went indoors, because I said to my wife, "Wind the clock up." My brother had left me about a couple of minutes before that. I was first asked as to my recollection of what happened on that evening by a gentleman from Paddington, who come to my house when I was at work. He asked my wife if I met my brother at the gate. This was about a week or 10 days after. He asked what time my brother left me, and what time I met him, and my wife told him.
Re-examined. It was some gentleman from the railway company's service at Paddington who came.
GEORGE COX , 88, Church Road, Willesden Road. I am employed by the Willesden District Council on the road at the present time. I remember Bank Holiday in August last. I passed by the end of Cirencester Street that night between 1.20 and 1.30. I saw a crowd about halfway down the road; something like 100 people; they were shouting and hooting. I saw a constable (Jenkin) arrest a man there. I have since learnt that the name of the man arrested is Church. Jenkin tried to get him towards the station. The crowd was hustling and following on. I thought I would assist the police, but I could not get near enough—my feet were trodden on; I have tender feet. The constable succeeded in getting his prisoner towards the top of Cirencester Street. I there saw him arrest another man—I know him by the name of Sexton since. I believe him to be the
prisoner, but I could not swear to it. I saw a second man arrested. I first saw the witness, whom I know now to be John Heard, when he jumped in and assisted the constable towards the top of Cirencester Streets. He caught hold of a man whom I believe to be the prisoner. Jenkin, having these two men in custody, went towards the station. I followed. Another constable, whom I now know to be Adams, came from the direction of Lock Bridge. He took one of the prisoners. I could not swear which, but I believe it was the front one. I followed them to the "Prince of Wales," which was on my way home. After Jenkin came out into the Harrow Road the crowd broke off gradually. When they got to the "Prince of Wales" there were a tidy few of them then. I daresay it was just on two o'clock when they got to the station. I Came to give evidence in this case from seeing a report in the Sunday paper of the constables being summoned for perjury. I then came forward and gave information.
Cross-examined. It was on October 20, I believe, when I went up. I went to Carlton Terrace, and I believe I saw Inspector Stock. I remembered then as to the time this happened. I cannot swear to Sexton having been in that street. I next saw Jenkin when I was up here when Adams was being tried. It was not until November that I saw for the second time the constable I had seen on the night of Bank Holiday. What made me suddenly come to the conclusion that what was in the papers referred to what I saw on Bank Holiday was because I recollected it. I read about the police entering a house, or something, about two and a half months afterwards. I fixed the time at which the police officers reacted the "Prince of Wales" public-house because there is another clock a little way up on the left-band side. I looked at that clock and it was about 2.10. I had been in London all day, and had walked from Oxford Street way. I was not in any hurry to get home. I told Inspector Stock that I saw a clock. A lot of the crowd following the police constables broke off towards the Infirmary. I should say 20 or 30 people were following from the Infirmary, and they followed the constables right up to the station. I did not stand at the corner of the street and see the crowd going because they were going quietly enough—there was no disturbance then. It broke off at the Infirmary. You cannot help taking particular notice with a crowd of 20 people following round. I should recognise Adams if I saw him. I next saw him, I believe, up here. I told Inspector Stock that I remembered him, and that I should recognise him. I at once identified him.
Re-examined. I remember I described Adams to Stock as a tail fair man. The man I first saw arrested by Jenkin was in his shirtsleeves. I have since known him to be Church. I could not swear as to what sort of a man Jenkin's second prisoner was; he had the appearance of being a coachman. Another gentleman stepped in and helped arrest him. I have known him to be Heard since. He was wearing a Trilby hat. (The witness John Heard then came into Court and put on a Trilby hat.) Yes, he is the gentleman.
CHARLES WILLIAM MATTHEWS , foreman to Mr. Tatham, 16, Alexander Avenue, Southall, contractor. On the night of August Bank Holiday last, I was living at Windsor Place, Harrow Road, where I am still living. On my way home I had to pass the end of Cirencester Street; it was after one o'clock in the morning. On going into Cirencester Street I noticed there was a row down the street. I saw two constables in uniform going down, and I followed them. I saw them bring a man up the street in custody. There was a large number of people about. The police and the prisoners were all mixed up together. One constable went towards the station with the man I had seen in custody. I went back again to Cirencester Street, and about a quarter of an hour or 20 minutes afterwards I saw one of the constables have somebody else in custody. He had no hat or coat on. I heard somebody in the crowd call out. I did not know the constable before. I have seen him since. His name is Jenkin, The crowd behaved rather roughly when Jenkin had his second prisoner in custody. The crowd was pushing him and hustling him on to the pavement. (To the Judge.) I went down the street, but not quite as far as the constable went. (Examination continued.) I walked up towards the Harrow Road, and the crowd was increasing every moment. Then I saw a bit of a rush, and a man I know now by the name of Heard rushed into the crowd and caught hold of a man, and they walked up towards the police station all crowded together. While I was in the Harrow Road I saw another constable coming down from the station direction. He seemed to be taking one prisoner to the station and Jenkin had the other. After I left the crowd at the Infirmary I went immediately indoors. That would be about a quarter to two.
Cross-examined. What makes me say it was about a quarter to two is because I have a clock in my bedroom. I know DetectiveSergeant Hambrook. He is a friend of mine. I told him what I saw. It was some time after the summons had been served on Adams. I told Inspector Stock about it I first met Detective Hambrook in the street, and he asked me to go to the station. I saw Heard go up to a man in the crowd—just a little way down the street. Jenkin proceeded on with his men that he had in custody. They were all walking side by side, and I was two or three yards behind. I did not hear Heard or the officers say anything; I was behind Heard all the time. It was some little distance—300 yards—from the Lock Bridge. The constables were about half a dozen yards from me when the first man was arrested. What makes me think it was about 1.15, was that when I was coming out of Westbourne Terrace I heard a church clock strike one. (To the Judge.) I did not see the actual arrest of the first man, who had no hat or coat on. (To Mr. Fulton.) I followed some little distance behind them. I heard a woman's voice shout, "Run, Bill!" There was nothing to make me remember it. Detective Hambrook took me to Inspector Stock, and I made a statement which was taken down. I did not know what room at the station I was in. I do not remember whether anybody else was in the room. I had a clear recollection then of the times. I had only read in the papers about the case against Adams when he was in the police-court.
When I saw the seriousness of the case against the two constables I thought I would give evidence.
Re-examined. I also gave evidence at the trial of Adams on November 29 last. I have known Detective-sergeant Hambrook nearly 12 months perhaps. He is, as far as I know, a reliable officer. I met him in the street by appointment. I then spoke to him, and he took me to the station, and I gave my account. I have been employed by Mr. Tatham for about ten years.
Police-constable JAMES WALLACE, 609 X Division. On the night of August Bank Holiday last I went on duty at nine p.m. till one a.m. in the morning on "fixed point," at Elgin Avenue—the junction with Harrow Road opposite the "Prince of Wales." Sergeant Richardson was on that night acting as inspector, and in that capacity he visited me. The first time was shortly after ten and the second time ten minutes to one. I know it was that time because there is a clock over the "Prince of Wales." The sergeant came from the direction of Bravington Road. He stayed with me about a minute. He crossed Harrow Road to the "Prince of Wales" and then spoke to the prisoner, who also spoke to him. I had not known the prisoner before that. I next saw him at the Marylebone Police Court the next day. I did not hear what was said. It may have been two or three minutes. It was not long. I went down to get my cape from the urinal. Richardson went down Great Western Road and Sexton went down Harrow Road. I left my point at one. Up to that time Knight had not passed me with his prisoner. At one o'clock I went to the station and reported myself. I am a single constable living in the section house.
Cross-examined. I was on the point from nine p.m. to one a.m. I am visited by my sergeant as well as by my inspector. I cannot fix the time. It might have been ten minutes past ten; it might have been a quarter past. If there had been any people by Carlton Bridge Station I would have gone and moved them. Richardson spoke to me first. Then he went across the road against the "Prince" and spoke to the man there. Several people passed up and down. The distance across the road is 18 to 20 yards. I noticed that the man talking to Richardson was clean-shaven. He turned round and went down the Harrow Road. I noticed which way the sergeant went because I could not help it. I was first asked to remember about this on the third day, when I saw in the papers that Richardson did not know whether it was before or after. Richardson must have known I was on the point and within a few yards of him while he was speaking to Sexton. He did not say anything to me about it. I read it in the newspaper and spoke to Inspector Stock, to whom I made a statement and who told me to attend. I never made any statement in any witness-box until the trial of Police-constable Adams.
Re-examined. When I saw Sexton speak to Richardson he was by himself.
Sergeant HENRY RICHARDSON, 44 X. On the night of August 5 last I was doing inspector's duty. We were shorthanded at the station. My duties started at 10 p.m. and finished at six next morning
I first had to patrol from 10 to two, and then took charge of the station from Inspector Stock. I have known prisoner for three or four years, I should think. I did not know his name before this case started, but knew him✗ as a coachman employed by Ives and Sons. I had always been on good terms with him. On the evening in question I saw him outside the "Prince of Wales," in Harrow Road. I was then going my round, visiting the men on the beats and the sergeants on the sections. Sexton came and spoke to me. Just before that I had spoken to Wallace, who was on point duty. I spoke to Wallace twice during my patrol. I had at that time come from Bravington Road, and after that I went along the Great Western Road, which would take me past the police station. Sexton was alone when he spoke to me. He told me a man named Knight was locked up and he wanted to bail him out. He said he had been locked up "for a drop of booze." I said, "Oh, let him have a sleep; I am going into the station after two; if you come then I will let you have him out on bail." we then parted, I going along Great Western Road. I did not notice which way he went. He might have had a drink or two, but not out of the way. There is a certain amount of laxity at Bank Holiday time. The next point I went to was where Terry was, who was acting as sergeant. I met him at two minutes before the half hour. After that I went into Edenham Street with Terry, and there was a bit of a disturbance, singing and shouting, which was quelled. This was about 20 or 30 yards from the "Lord Craven," which is at the corner of Southam Street and Tottenham Street. On coming back the landlord of the "Lord Craven" spoke to me out of his window; that would be about 10 minutes or quarter of an hour after I first met Terry. After going through various roads I arrived with Terry at the police station as the clock was chiming two. Terry came to the corner of Ormead Road. I went into the station and left Terry to go oack to his section. I reported all right to the inspector and went into his office. The inspector was in the charge-room. I saw Sexton and Church in the dock in the charge-room and one✗ inspector was taking the charge. I then signed on as taking charge of the station. (Thomas Nodds entered the Court.) When we quelled the disturbance we sent a man indoors in Southam Street, a man known as Tommy Nodds, who is now in Court. There were two or three rows going on that night; it is a very rough neighbourhood, especially on Saturday nights and Bank Holidays. (Book produced showing signature of witness as patrolling from 10 p.m. to two a. m., and also a signature as to being in the station from two a.m. to six a.m. It also showed that Stock was in the station from 10 p.m. to two a.m. and went out to patrol at two. The book also showed that at the point where witness met the sergeant at Bravington Street the time was 12.40 and at Tottenham Street 1.30.) While I was in the station between two and six a.m. there was no disturbance. On August 7 I was called to give evidence by Mr. John Hill, who was appearing for Sexton. I had given no statement to him, nor been asked. Sharp and Little, who are first and second reserve men, were in the station with me after 2 a. m., both in uniform; no one else. I visited all the prisoners
that morning, including Sexton; he made no complaint to me. He was bailed about 4.20 or 4.25 by Mrs. Knight. It was at near one o'clock as I can swear to when I met Sexton outside the "Prince of Wales." It is not true that Sexton saw me outside the station about 1.35, nor that he spoke to me and I followed him into the station. What Sexton says happened in the station did not happen while I was there. I was not drunk, and I do not think the others could have been.
Cross-examined. (Witness was cross-examined as to the duty book and the "state.") We have the record that Wallace was on point duty on the night of August 5. We are given a slip of paper with four points marked on it. We meet the sergeant once, and perhaps we might meet him casually again. We visit as many fixed points as we can. At times the sergeant might accompany us round the section. The sergeant may visit his men more than once; it depends what sort of men they are. There was no disturbance when I visited Wallace on the point. When I walked past the station there were only a few people outside the coffee-stall. When I left Wallace I went a little way down Great Western Road. I got to my point at Tottenham Street at 1.28. That is about six hundred yards from the "Prince of Wales." I did not go straight from one place to the other; I had to shift some lads at the coffee-stall. I know it took me about thirty-five minutes to do the third of a mile, but there was no reason for me to hurry. There are several places on the road where you can stand to kill time. Tomlinson was on second section, day. Moore was in charge of the second section, night. I met him at Windsor Gardens at 10.30. (Witness was cross-examined at length as to his patrolling of his section, the extent of same, and the different routes which he might have taken.) I arrived back at the station as the clock was chiming two. I said to Terry, "Well, there goes my time; you get off back; I will go in." As I went inside the door Sexton and Church were in the dock. I could see the station from the canal bridge. It takes three or four minutes from there to the station, going leisurely. I attended the police court on August 7 and gave evidence. I was told to attend and did so as a matter of duty; I did not wonder why I was asked to. Until I heard Sexton say so I did not know the accusation was that he had been arrested in the station.
Re-examined. I did not hear Church give his evidence on August 6. Sexton gave evidence after me. A question was put to me by Mr. Hill as to whether I had seen Sexton arrested on the station steps; I said certainly not. I have to meet the sergeants at the various sections of the sub-division. The sergeants in turn have to patrol the beats within their section, and unless we fixed a point with them we should not be able to find them. The constables do not know when we have to meet the sergeants. (Witness's evidence at the police court was read.)
Sergeant ALFRED TERRY, 103 Y. On August 5 I was engaged as acting-sergeant, from 10 p.m. till six a.m. Between one and two o'clock I was in Kensal New Town. I had an appointment with Richardson
between one and two o'clock at Tottenham Street. He was there two minutes before time. At that time there was a disturbance in Edenham Street and we quelled it. We then came to the "Lord Craven," into Southam Street, and there was another disturbance there which we quelled, and Richardson took hold of a man named Kidd and pushed him into his door. Then the landlord of the "Lord Craven" called out of his window—that would be about a quarter to two. He said: "I am glad you have come, sergeant, we shall get some sleep now." I then went with Richardson to Golborne Road, then to Kensal Road and Great Western Road; from there to the station, arriving as the clock struck two. I parted from Richardson at the corner of Ormead Road and he went into the station. I went back to my section. While I was with Richardson Sexton never spoke to him. (Witness's "state" was produced.) There is an entry: "Sergeant Richardson, Tottenham Street, 1.30," made by me when I came back at six a. m.
Cross-examined. I had a slip of paper telling me where to meet Richardson. My beat extends to Ladbroke Grove. This "state" shows that Police-constable 402 was on Lancaster Road point from 10 p.m. to one a.m. After that there would be no point there. There were four fixed points that night on my beat. It is in the duty book. The reason Police-constable 402 is shown in the document produced is because the usual man was absent. (Witness described where the points were on his section and the men) I do not understand the duty book. Police-constable 516 was on Wornington Road; that is the only one I remember, except 402. to-day would be the first time I was asked. I saw it on the "state" just now. I heard the clock chime and strike two when I got outside the station. There was no crowd at the station nor at the public-house. I was first asked at this Court about the man speaking to us out of the window. It was as near as I could say 1.45. I told Mr. Muskett about it; that would be about the beginning of September.
FRANK CHILDS , licensee of the "Lord Craven," at the corner of Southam Street and Tottenham Street. On August 5 I went to bed just before two, I think. After that I heard people kicking up a row in Southam Street. I opened my window and saw Sergeant Richardson, whom I knew, and Constable Terry, I believe. I spoke to Richardson, who then went away and I went to bed.
Cross-examined. I should say it was between a quarter and 20 to two when I spoke to Richardson. I went by my watch and clock I could not tell you when I was first asked about my recollection of that night. I do not know when Richardson came and asked me to go up on his behalf. I went to Carlton Bridge Station and saw Inspector Stock there, to whom I made a statement. I should think that was two or three days after I had seen Richardson; I suppose it would be a month after the Bank Holiday. Sometimes it is four or five before I go to bed. I remembered the time because of speaking to Richardson. Richardson did not tell me what the time was when I had spoken to him; I told him. I do not know whether he knew or not.
Re-examined. I think I was ill in November when Adams was tried.
BRUCE SHEPHERD , potman, "Lord Craven," living at 59, Southam Street. On August 5 I finished my work about 1.30; then went out and lit a cigarette just outside the door. I live out. There was a bit of a sing-song in Edenham Street, and I saw two policemen come round the street—one was Richardson, whom I knew. They looked like two sergeants. Terry I know now was the other man. I went and stood on my doorstep a little while, and then I saw the two policemen go up Southam Street. There was a bit of a disturbance and the policemen made the people go indoors; one was Tommy Nodds, whom I have seen to-day. The policemen went away at about a quarter to two.
Cross-examined. I first gave evidence before Sir Albert de Rutzen. I could not remember when I was first asked about this night. The guv'nor spoke to me about the matter, telling me he had been up to the station about the case, and I said I had seen Sergeant Richardson, outside on the same morning. I told him without being asked. I had heard about the row in Cirencester Street and one thing and another. When I went to the station I saw Inspector Stock, who took my statement. I knew Terry before the Bank Holiday by sight, being on duty about the place. It is not often there is a disturbance about this place. I usually work for about three-quarters of an hour after 12.30 (closing time). I bolt all the doors at 12.30 and go on with my work. I was working that night for about an hour, and then soon after I saw the policemen. That is how I fix the time.
Re-examined. I attended at this Court in November last, but was not called as a witness.
Inspector WILLIAM STOCK, X Division. I am stationed at Harrow Road and have been 18 years in the Metropolitan Police, for the last two as an inspector. On August 5 I took charge of the station at 10 p.m. and stayed till two, when Richardson relieved me. We were very shorthanded that night. Jenkin was on point duty till one a.m. He actually signed off at two that night. From one till two a.m. Police-constables Sharp and Little and myself were the only ones in the station. I took the charge against Stephen Knight. He was brought in by Joseph Knight and charged with being drunk and disorderly. Joseph Knight was the only witness. Knight is entered as being brought in at 1. 15. I believe he was brought in about two minutes before that. I took a charge against Howard, who was brought in at 1.20 by Police-constable Adams. I know Cirencester Street and know it is a very dangerous street from the police point of view. Adams told me where he got his prisoner from, and told me where Jenkin was and the state of the street, so I said, "For God's sake go back Adams, or Jenkin will get his ribs kicked in," or words to that effect. Adams went at once, without signing the charge-sheet. Howard disputed that he was drunk, so I sent for Dr. Robertson, who came at 1.30, examined Howard in the charge-room, and wrote his report in the inspector's office, which is just across the passage. At 1.45 Gray and Lufkin brought in two prisoners, who were charged with housebreaking. Lufkin, I believe, spoke to me through the window into the passage, and I went into the chargeroom
and gave certain directions. The charge was not taken then, but Gray and Lufkin went out to look for the prosecutor. I do not think they were in the station for more than seven or eight minutes; at any rate, they were clear of the station by five minutes to two. No one but those I have mentioned came into the station. At two o'clock I was standing at the north side of the desk on the right-hand corner of the inspector's office, when I saw Church and Sexton brought in. I saw through the window into the passage to the door. Adams and Jenkin brought them in. I immediately went into the chargeroom and charged them. Adams and Jenkin said prisoners had obstructed them in Cirencester Street. Then John Heard, who had come in, told me what he had done and seen. I then formulated the charge. I read the charge over to the prisoners, but they did not speak. Beyond the prisoners in the station at the time there was Jenkin, Adams, Heard, Sharp, Little and myself. As I was taking the charge I saw Richardson pass by the charge-room door. I then entered the charge, signed out for patrol, and left. (Witness showed his signature on the sheet to the jury.)
(Monday, March 9.)
Inspector STOCK, recalled, further examined. When persons brought in to my station make charges against the police the rule is that I should attend before the magistrate at the hearing of the charge. I did not attend before Mr. Paul Taylor the next morning. I attended the police court on August 7 by direction of the magistrate. To my knowledge Sergeant Richardson did not enter the station between 10 p.m. on the 5th and two a.m. on the 6th. If he had entered I should have seen him. I could not detect signs of drink about either Jenkin, Adams, or Heard. Constable Sharp was sober and Police-constable Little is a life abstainer. Sharp and Little were on duty from 10 o'clock until six a.m. The telegraph book was kept that night by Little. There is an entry in it at 1.30 a.m. in his handwriting and another at 1.50 a.m. In the telephone book there is an entry in his handwriting at 1.40 a.m. The witness Heard was not in the charge-room before Sexton was brought to the station. Sexton was brought into the station by Jenkin and did not enter in company with Sergeant Richardson. Sexton did not tell me he wanted to bail Knight out, nor did Sergeant Richardson tell me so. I did not speak to Sexton in the passage outside my office. Sexton was not assaulted nor arrested in the passage. Sexton did not make any protest or complaint about his arrest in my hearing. If I saw a constable in any degree under the influence of liquor in my police station I should suspend him at once.
Cross-examined. Stephen Knight was brought in just before 1.15 a.m. Howard was brought in at 1.20 exactly, whilst Knight was still in the charge-room. Sharp was there all the time. He was on reserve. Adams made a statement about the roughness of the street, and I instructed him to go back as quickly as he could to assist Jenkin. He was in the station probably three minutes or four
minutes. I took the charge against Howard directly I had finished with Stephen Knight. When Adams and Jenkin returned with, Sexton and Church I went at once into the charge-room. There is no mistake about that at all. I had no idea who Heard was and had no curiosity about it. As far as I could see he was assisting the police. I called on Jenkin to tell me what the charge was. He told me that, shortly after one, when Howard was arrested, they had a rough time and shingle was thrown at them, and that he and Adams were obstructed by these two men, Sexton and Church. Then Heard made his statement. I cannot recollect whether he began by saying it was at 1.30 a.m. He said he saw Sexton strike Jenkin in the chest. I said, "Jenkin, have you any recollection of that?" Jenkin said, "No, I have not. I do not know who struck me or anything." Then Heard told me he jumped in when he saw Jenkin surrounded by this crowd and took hold of Sexton's collar or shoulder and helped the police along with him from the corner of Desborough Street, and that from there to the top of Cirencester Street they were obstructed all the way along and had a rough time—not being exactly assaulted but obstructed and pushed all over the place by a great mob of people who were hooting and booing at the police. I asked him to attend before the magistrate the next morning to give evidence, and he said he would. On that day information reached me at the station that I and Richardson were required to attend. I knew that accusations against my officers necessarily involved an accusation against me, but I still considered that I was a proper person to take statements from women like Mrs. Blomfield. I have nothing against my character, and no one can prove anything against it. I did not help either of the witnesses to make a statement. I considered I was a proper person to take statements. If I am not a proper person to do so I, do not know who is. I do not consider my reputation is at stake. If a summons is taken out against me, and my reputation is at attacked, I will fight it. My reputation is clear so far. They have never tackled me yet. All the witnesses came to the station to have their statements taken except Boyle. I went to the Mansions to see him. I left the station on patrol duty a few minutes past two. If I had been detained for half an hour after two, or even a quarter of an hour, I should have made an entry in the duty book of the reason why I was detained, but as I was detained for such a short time I made no such entry. The statement in the book that Sergeant Richardson returned to the station at two o'clock means exactly what it says. He would not be allowed in the station before that. If he was in before two o'clock he would have to report why. The coming in business is very important. With regard to patrolling, the men at the fixed points do not know when the inspector is coming, and there is no note made of his visits. I make out a list of the points before the sergeant starts. The points are fixed so that anybody may know where to fetch a policeman. Sexton had been drinking that night, but was not drunk. I should say he had had three or four glasses. I know now that he is a man in very respectable employment, having seen his employers.
Re-examined. Sexton had been drinking, but was not in such a condition that we should charge a civilian with being drunk or even a policeman. Of course, a policeman is supposed to be unfit for duty if he is kind of muddley, but you would not take a civilian into custody for that. We make a distinction between drunkenness in a civilian and drunkenness in a policeman. If there were any signs of drunkenness about a policeman we should reckon him unfit for duty and suspend him, because it would not do to have a half-drunken policeman going out on the beat. The person who, as a rule, takes statements from people who come to the station and say they have evidence to give with regard to a particular charge is the officer connected with the case. There are above me in rank a superintendent and chief inspector, but they have other duties to do. There are five or six inspectors connected with my station. In addition to the statements taken by myself, the witnesses were seen by a representative of Messrs. Wontner, the solicitors to the Commissioners of Police, and by Chief Inspector Kane, of Scotland Yard.
Police-constable WILLIAM SHARP, 290 X. I completed 18 years' service on the 3rd of last month. I was on duty on the night of August 5 from 10 p.m. till six a.m. on the morning of the 6th as second reserve man. It was my duty to attend to the door and also take prisoners to their cells. In the night time, when charges are being taken, the outer door is kept shut. When Stephen Knight was being charged his mother, Mrs. Knight, came to the door with another woman. I did not see any man with her. No other person came to the door wanting to bail Knight out. I took Stephen Knight to the cells upstairs, and when I came down William Howard was in the dock. He denied that he was drunk, and I sent for the doctor, who lives at the corner of Fernhead Road. After Howard had been examined by the doctor I took him to a cell. I remember two constables Gray and Lufkin bringing in two prisoners charged with housebreaking and larceny. They were searched and pot in the cells. Gray and Lufkin went out again after being in the station five or six minutes. From the time I left the doctor's house till the time Gray and Lufkin left the station no one else came in. Before two o'clock Sergeant Richardson was out patrolling. At two o'clock prisoners Sexton and Church were brought in by Adams and Jenkin, Heard accompanying them. Besides myself there were then in the station Inspector Stock and Police-constable Little, who was acting as first reserve man. I was in the room when Sexton and Church were charged. Neither of them made any protest or complaint against the police. Neither of them was at all roughly handled by the police. I and the other officers and Heard were all sober. It is, not true that Sexton was assaulted or arrested in the passage of the police station.
Cross-examined. I was only talking to Mrs. Knight just for a moment. There was another woman with her, nobody else.
Police-constable THOMAS LITTLE, 495, X Division; Constable ALBERT GRAY, 357 X Division; and Constable CHARLES LUFKIN, 516 X Division also gave evidence.
ERNEST WALTER SEXTON (prisoner, on oath). I live at 12, Elgin Mews, and am coachman in the employ of Messrs. Ives and Sons. I joined the Army in 1898 and served for close on five years. My discharge is marked "Good." After that I went into private service as a coachman, and I have been with Messrs. Ives about three years. Before I was brought before Mr. Paul Taylor I had never had a charge brought against me. On the evening of August 5 I came back with my carriage about half-past six. I took my horse to the stable and then went upstairs and had some tea. I first went to the "Elgin" public-house about 10 minutes past 10, with Mr. Invest, who is also a coachman employed in the mews. I was in the "Elgin" three times before closing time. On the first two occasions I remained about half an hour, and on the last occasion about quarter of an hour. I drank mild and bitter and shandy bitter. I did not take any drink out of the house. At half-past 12, when the houses were closed, I went down the mews with Mr. Invest, and we stood listening to his sister singing in a room upstairs. I then went upstairs and began to take off my things, when I heard a noise in the mews. My wife said to me, "They have locked Steve Knight up." I said, "Have they?" Soon afterwards, my wife said, "There are people in the mews asking if there is anybody who will go with Mrs. knight to bail her son out," as she did not want to go out by herself. So I said to my wife, "Tell her I will go." I looked out of the loft door. Mrs. Knight was just about going out of the mews. My wife said, "You had better hurry up, or else you will lose her." There and then I ran down the stairs with nothing on except my shirt, trousers, and boots and caught Mrs. Knight up at the corner of Portsdown Road and Elgin Avenue, with Mr. Wedger and Mr. Barnes, and said to her, "If you wait until I get my collar and tie and a coat I will go with you." After I had put them on I rejoined Mrs. Knight. We then walked down Elgin Avenue to Carlton Bridge Police Station to get her son. I am positive we were all four together. Mrs. Knight went to the station door first. I was standing just at the bottom of the steps with Wedger and Barnes. There is a forecourt to the station. Mrs. Knight was at the door a very few minutes. She just spoke, and away she came. We all four then adjourned to the coffee-stall near the station and had a cup of tea. We then returned to the station and we all four went up to the door with her. Mrs. Knight spoke first. Then I looked over Mrs. Knight's shoulder and said to Constable Sharp, "Cannot we have the man? He can get no more drink. We will take care of him." With that Constable Sharp whispered to me and said, "Come back in about an hour's time." Then we all four came down the steps together, and we arranged who should wait for Mr. Knight, and Mrs. Knight turned round and said, "If you are going to wait I will go home," leaving us three men together outside the station. After waiting there some few minutes I saw two policemen come over the Carlton Bridge. I recognised one of them as Sergeant Richardson, whom
I had previously known. Then I said to Wedger and Barnes, "It is all right now. We shall get Knight out." At that time Sergeant Richardson and this other constable passed us and stopped on our left. I was going to speak to Sergeant Richardson, but he spoke to me instead. He said, "Halloa! old boy. What are you doing up here?" I said, "I have come to bail a neighbour out of the name of Knight." There and then Richardson said, "Come along; that is only a matter of a second." He went into the station, and I followed. Thereupon Sergeant Richardson went to Inspector stock and said, "You have got a man here of the name of Knight?" The inspector says, "Yes." "I want him," was Sergeant Richardson's reply. Richardson then went into the charge-room and shut the door, leaving me outside the inspector's office. I had been waiting there some few minutes when Inspector Stock came out from has office into the passage, and said, "I should not wait any longer if I were you. We will let him out about four. He will be all right." I was about to thank the officer when four or five men in private clothes and uniform rushed upon me and said, "We want you." I objected, and said, "What is it all for?" I was then pulled into the chargeroom. Mr. Heard was sitting on a form inside the charge-room on the left with a cap in his hand. I was objecting to this. I said to Sergeant Richardson, "Why, you have only just brought me into the station." I said to the inspector likewise, "You only spoke to me a few minutes ago. I have two friends waiting for me outside the station." The man I now know to be Church was sitting on a form on the righthand side of the room. I had never seen Church before. We were both put in the dock then and charged with obstructing and resisting the police. I had never been in a police station before in my life. We were taken to the cells, and I asked Church if he knew me or had ever seen me before, and he replied, "No, I do not know you whatever." We were bailed out by Mrs. Knight early in the morning. The same day we were taken before Mr. Paul Taylor, and I asked that my witnesses should appear—Wedger, Barnes, and Mrs. Knight, and also Inspector Stock and Sergeant Richardson. I was convicted and fined 40s.
Cross-examined. I am quite clear that I told the magistrate I wanted to call Inspector Stock as my witness—I asked for Stock and Richardson at the same time. I may have told Mrs. Knight that I knew a sergeant at the station before I spoke to Richardson. When I spoke to Sharp I did not ask for Richardson, because it did not come in my head; it was not because I had spoken to Richardson at 10 to one and knew he was not in the station. At 10 to one I was sitting in my loft, which we use as a kitchen. I may have said to Mrs. Knight, "I know the sergeant here; if I could only see him I should be sure to get him out "; that would be before I spoke to Richardson. My case is that I was never arrested in Cirencester Street. When the officers gave evidence before Mr. Paul Taylor I cannot say if I or my solicitor cross-examined them. Church would know if I was arrested with him in Cirencester Street or not. When Adams gave evidence I said, "You know I was not there." I was
too overcome to ask him questions. Church gave evidence. If he said, "I walked on with them as far as the infirmary, Harrow Road, when Adams said to Jenkin, 'Go back and fetch someone else, it does not matter who it is, I can manage this one.' I went on with Adams, and Sexton was brought in by Jenkin," he must have meant "brought into the charge-room"—he does not say I followed him into the station or up the road. I do not recollect the evidence given. I left the mews at one a.m. I told Mr. Paul Taylor that I arrived at the station at one or 1.10; then after I was bailed out I knew it was 1.10 when I left the mews, because we discussed it in the mews. It would take 15 minutes to get from the mews to the station, or somewhat more; we could not do it in 10 minutes. There were two visits to the station. I said so before Mr. Plowden. If I, Mrs. Knight, and Barnes spoke of only one before Mr. Paul Taylor, that was a mistake. Hearing the evidence read, it seems we all altered it to two visits, before Mr. Plowden. When we were walking to the station Mrs. Knight was about 10 yards in front and we three men behind; as we men were talking she said, "If you are going to talk I will go on. I do not know whether she said that or not; I know she went on in front. It is not true that I spoke to Richardson outside the "Prince of Wales"; it was outside the station, after I had been there 15 or 20 minutes; at the coffee-stall; that would be within sight of the station. I did not see Howard taken in. He would pass the coffee-stall. I did not see Sharp come out and return, or the divisional surgeon go in. Plenty of things might have happened while I was having a cup of tea. I saw Church brought in by two constables when at the bottom of the steps with Wedger and Barnes; his boots were undone, his trousers and shirt torn, and he had a swell on left lip; he had no cap on. That was just after Mrs. Knight went, at about 1. 30. I have not said in evidence before that I saw Church taken in. I made that statement in September to Mr. Cockle, the barrister, before I gave my evidence before Mr. Plowden. At 1.35 I spoke to Richardson for a moment or two, and then, we both went into the station; I waited in the passage seven or eight minutes and then was rushed in the dock at about 1. 45. I know the time because I said to Stock and Richardson, and all those in the chargeroom, "Well, you see the time you have charged me." I cannot say the reason why I referred to the time; something came into my mind. (To the Judge.) I cannot give any better explanation why I referred to the time. (To Mr. Muir.) I am certain I was in the dock at within a minute either way of 1. 45. I did not see Lufkin and Gray bring two prisoners in. When I was outside the station I heard a man holloing; he was she man that was put in the same cell as myself; a slim fellow; I have never seen him since. I have known Richardson over three years, and have spoken to him latterly; he was always very pleasant towards me in what I had to do with him, which was very little. I do not know Police-constable Wallace. Besides Richardson, I only know one constable at that station, who was in my regiment, and I have only seen him once. I had never seen Adams, or Jenkin or Stock before. Jenkin was not exactly
drunk, but he had had as much as was good for him. I said before the Recorder he was drunk. Adams was drunk. Heard had had all he wanted; he was drunk, but he did not fall about. Heard, Adams, and Jenkin attacked me in the passage; there were others, but they were the three that took the beet part in it. They handled me roughly, pulled me about, threw me down and dragged me into the charge-room; one of them kicked me in the back; my trousers were torn. I do not know why they did it unless they mistook me for somebody else who had been cheeky to them; you would expect to get something then. I was talking to Inspector Stock; Richardson was behind me; he must have seen me taken in and being kicked; they must have known who I was. When I said before the Recorder that all the police-constables were drunk I was pressed by you and excited. Had you not made me excited I should have said, "Well, to the beat of my belief they had had more than was good for them," which they had—I saw it with my own eyes. I do not think I said Richardson was drunk. I was not advised, after saying before Mr. Plowden that this was an honest mistake on the part of the police, to say that the police were drunk. I said it either before Mr. Plowden or Mr. Paul Taylor before I was called as a witness. Davis took a statement from me, I think, after I went before Mr. Plowden and before the trial of Adams. I saw Davis after the trial; he said, "You have done it—you said they were all drunk." I said, "Whether I have done it or not I have told the truth." Davis said, "You have made a mistake by saying they were all drunk." He told me he took a report before Mr. Plowden, and that I had not said it before him. said, "Well, I said it before Mr. Taylor, but I was not allowed to speak." I did not say to Davis, "I was advised to say it"; I was not advised to say it.
(Tuesday, March 10.)
ERNEST WALTER SEXTON , recalled. I first went to New Court to make a statement for the purpose of the prosecution of Adams and Jenkin. I saw Mr. Cockle, a barrister; Mr. Timewell, and Mr. Savery were there with me. Mr. Savery is managing clerk to Messrs. Ives, my employers. I made a statement to Mr. Timewell after that interview, which was the same, to the best of my recollection, as that to Mr. Cockle. The statement to Mr. Timewell was written down. I am not sure whether Timewell or Davis wrote it. The latter is the man who came into Court yesterday. To my best belief, Davis took the statement. He was the man who said, "You have done it now, when I said that the policemen were drunk. My statement was made, I believe, before I gave evidence in front of Mr. Plowden. I do not know how long before. After the statement was written they went and applied for a summons, and I appeared soon after at Marylebone. The statement was taken at 12, Elgin Mews North, where I live. Timewell was there, and I have seen him there several times; it might be eight Sometimes he had Davis with him. I only remember Timewell taking one statement from me. He came to see me on private business. We
spoke about the case, as far as I can tell. I don't think Timewell ever mentioned that the police were a drunken lot. I read it once in the paper, about a Royal Commission, where it said the police were drunk after midnight; that Timewell had said so. I have been several times to see Timewell at his shop; about half a dozen. I used to ask him how he was going on, and how the case was going on. The Police and Public Vigilance Society were defending me, towards which I paid something—that is to say, towards the prosecution of Adams and Jenkin. I am not aware that I discussed with Timewell the answer I had given to Mr. Plowden, that in my opinion this was a genuine mistake on the part of the constables who arrested me. I think it was to Davis only. That was after I had left the Court on giving evidence before the Recorder, and when Davis said, "You have done it." I made a statement to Messrs. Radford and Frankland, after the Marylebone affair, I think. I know it was some time before the case before the Recorder. I do not remember how long before. I saw Timewell between that statement and the time when I gave my evidence. I did not instruct Timewell to write Mr. Cockle saying, "Sexton is now prepared to say, if asked, that the police at the police station were drunk when they arrested him." I do not know that Timewell wrote such a letter. Nobody suggested to me that the police were drunk. I said if of my own volition. (To the Judge.) Timewell was defending the case and prosecuting. I did not know him when I was first charged with obstructing. He is the secretary of the Police and Public Vigilance Society. I am not a member of the Society. The first I knew of them was when Mrs. Church went to see them to get her husband out of prison; then they took the case up. They went to my governor's office and saw this clerk of Messrs. Ives's and asked if they could take it up for me at the same time. Timewell found the solicitors. The society first started the prosecution. Timewell is the man who was sitting here among the solicitors; he is a master tailor. I subscribed £5 to the matter. Mr. Ives paid it and I paid Mr. Ives. The society found the rest of the money, as far as I can tell you. Davis is a man who was about with Timewell several times. Mr. Cockle was supposed to take the case up as counsel.
(To Mr. Muir.) Timewell was here this morning. When I went with Mrs. Knight to the station and spoke to sharp, Wedger and Barnes stood on the steps; they were quite close to me; I rather doubt if they heard what I said, as I whispered over Mrs. Knight's shoulders. I do not know whether they heard Sharp; he neither whispered nor shouted. I do not know why I whispered. I do not know that I heard what Barnes and Wedger said at the trial of Adams; I was turned out of Court. I know now that Church lived at 52, Cirencester Street. I do not know at what time Church said he was arrested. I should think Church made a mistake when he said before Mr. Paul Taylor that he was arrested at 1.40 in his own house. I did not hear Church's evidence before the Recorder. I am sure I was not with Barnes in the "Lord Elgin." I heard Barnes say before Mr. Plowden that he knew me. He must have made a big
mistake when he said, "I was with him on Bank Holiday evening about 11.45 in the 'Lord Elgin.' I was with him till 12.25." He was there but in another bar. He was not talking to me When I saw him he was talking to a jobmaster. Invest and I were the first two to go to Elgin Mews; if Barnes followed I do not know anything about it; Wedger may also have followed. Wedger was not with me in the public-house first of all, nor then from closing time to the time that I went to get my collar and tie. I saw Stephen Knight before he was arrested; at about a quarter past 10, I believe; as he was standing outside the "Elgin." I spoke to him, went inside, and left him outside. I next saw him when he was being turned out of the mews. He is not allowed in the "Elgin," or does not use it. I do not know that anyone took him drink outside. I had no beer after the house shut, nor took any outside. I could not swear that Knight was sober the last time I saw him before his arrest. He may have been drunk. I do not think I saw him arrested. I think I have said before yesterday that Richardson was with another officer when he came over the bridge. Richardson said there was a constable with him, so I put it that it must have been Terry. I said Terry was with Richardson when he spoke to me, to prove he could not have been where he said he was. It was some time after Heard gave evidence before Mr. Paul Taylor that I heard he was connected with the Great Western Police. I think I knew before giving evidence before Mr. Plowden. I believe I told Mr. Paul Taylor that Heard was one of the men who assaulted me in the police station. I was never asked the man's name that I recollect. I was not prosecuting Heard then, only Adams and Jenkin. I do not think I heard Church give evidence before Mr. Plowden.
Mr. Eustace Fulton objected to Church's evidence being put to witness, when the latter said he did not hear it.
The Common Serjeant said he did not think they could have all that the witnesses were supposed to have said, who were not being called. There was no joint action; where there was joint action it was well enough.
Re-examined. I did not know Timewell on August 7, nor had I heard of him. When I took a half pint of stout out from the public-house it was for my wife. All this matter has been talked over everywhere for miles. I honestly believe that the policemen were drunk on the night in question, and that my account of what happened is a true one.
HELEN KNIGHT , 16, Elgin Mews, widow. I remember my son being arrested on August 5. I was cutting sandwiches for the morning when I heard my daughter exclaim, so I went to the window and saw the policemen. One laid his hand on my son's shoulder, who was looking down the mews, with a cigarette in his mouth. My son turned round and seemed astonished. I went downstairs and said "What has he done? he has done nothing." I then went up stairs and thought what should I do, it was very late, I could not knock my friends up at that hour of the morning; so I thought of my rest book, and that they would let him out on bail. With that I went
down the mews. I was just going out of the mews when I saw Wedger and Barnes. I have known Wedger for many, many years, and have never heard anything against him. As I was talking to them Sexton came up and said, "If you wait one moment while I put my collar and tie on I will come with you." I said I did not wish anybody to go with me, as I was a nurse and was used to being out at all hours. Eventually we all went up to the station, the three men walking behind me. We went directly to the station; Sexton never left us. I did not pass on the way my son in custody. At the station I left the others at the gate; then I saw a stout gentleman at the door, who was very polite and nice. He seemed as if he was pulling the door behind him; there seemed a number of policemen in there. I told him I wished to bail my son out. He said they were very busy taking charges; if I came in about two hours they would let him out. I went to the gate and told them what was said. Sexton said, "Oh, perhaps he will let him out for me," and he went up and spoke to the policeman. He spoke in an undertone, but I thought he said, "He cannot get any more beer." I said, "Oh, we will take care of him." He said he could not let him out till four o'clock. The others saw that I was very much upset, and asked me to have a cup of tea at the coffee-stall close by, which I did, and Sexton had one too. Then Sexton said, "I know a sergeant here, if I could only see him I know he would soon get him out." I said I would not wait but would go home, and I went home and went to bed. I had not been there long when some people came for me; I could not say exactly who they were—this was about three o'clock. They said, "If Mrs. Knight comes now—they won't allow him out without his mother and the rent book." I did not know that Sexton had been arrested until I got to the station. When they told me there were two of them for bail I thought perhaps my other son had been arrested. The man (witness here identified the man as Richardson) said it was Sexton and Knight. I said, "Good gracious me, whatever has Mr. Sexton done that he should be taken like that?" I shall be sorry if he has got into trouble through coming with me. "I said I would willingly stand bail for him. I know a Mr. Timewell, but did not know him on August 8. I first knew him some time after Sexton had been convicted before Mr. Paul Taylor.
Cross-examined. When my son was arrested I did not see hardly anybody at all. I cannot recognise the man who took my son; he was a white man—a fair man. There were two policemen in uniform—one put his hand on my son, the other did not touch him. I could have taken his number, but I was too much upset. I should not know either of them. I should think it was one o'clock when I left the mews to go to the station. I heard Sexton give evidence before Mr. Paul Taylor, but did not notice that he said he got to the station about one or 1.10. I think I was the next witness. I did not say I got to the station at 1.5; it must have been 1.25. It takes 20 minutes to walk down Elgin Avenue. It is right that "I left home at 12.45 and met Wedger and Barnes in Portsdown Road." I do not think Sexton was in the mews at 12.45. It is a mistake if I said
we all got to the station about 1.5 a.m. What I said before Mr. paul Taylor is quite right. I must have said it, but, still, I must have thought afterwards what I was. I was not in Court when Sexton gave evidence before Mr. Plowden; we were ordered out of Court (Witness then admitted she was in Court.) I gave my evidence on the following Thursday. I think I heard Sexton say. "We got to the station about 1.15." My evidence before Mr. Paul Taylor agrees with Sexton's evidence, and my evidence before Mr. Plowden agrees with Sexton's. Before Mr. Paul Taylor I only mentioned one visit to the police station because I did not remember. I was too worried. I only went to the gate and back again; it was not really two visits. I did not go to the coffee stall and have a cup of tea. There was a woman on the steps in front of me; I do not know who she was. That was the second time. I believe she asked for bail. The policeman called out "Who is for bail?" She said, "I want bail," and I thought I did so too. Then we went inside. That was at four in the morning. I never saw a woman on the steps when sexton was there. I do not think I swore before the Recorder that there was one there. The nice policeman to whom I spoke at the station was a stout, red-faced man. "(Sharp came into Court.)" That's him. "When I heard Sexton speak of my going up the station steps twice it reminded me. That must have been before Mr. Plowden. There was a woman from the mews Bitting next me. I said to her, "Why, he has made a mistake!" I thought he had, but it was my mistake. That was on September 17. If Barnes gave his evidence on the first day before Mr. Plowden I must have heard it. When at the station with Mr. Sexton, to the best of my belief, we did not go outside the gates. I did not make a remark to my neighbour after Barnes had given evidence about two visits to the station. I did not say, "Well, I must say the same." I did say after Sexton's evidence, "Yes, I must say the same, now I come to think of it; it is quite true." The first time I went up the station steps I went alone. The next time Sexton went first and I sort of went afterwards. Sexton spoke to the officer first; we spoke in an undertone, but there was no whispering. I think Wedger and Barnes were too far away to hear.
Re-examined. I am perfectly clear that Sexton started from the mews with me on the night in question. When I reached the station I am sure that Sexton was with me and that he never left me till I went home. I told that story on the next day.
JAMES IVES . I have carried on business at 2, Canterbury Terrace, Maida Vale, as a jobmaster for about seven years. The prisoner has been over three years in my employ, and his character during that time has been very good. I have found him a sober, reliable, and respectable man.
Mrs. ROSE SIXTON, wife of the prisoner. On the evening of August Bank Holiday I remember my husband coming back with his carriage. He put his horse away, and I called him up to his tea. He said he would do his carriage first. It would be about a quarter-past seven when he finished it and came up to his tea. We finished
tea about eight o'clock. My husband then went to sleep on a chair until about 9.30, when he went out. I next saw him about 10.30, when he came in the stables. I was upstairs and saw him out of the loft window. The next time he came upstairs was between 12.20 and 12.45. We then had supper, and he said he would go to bed. Then I went to the loft window because there was singing in the mews and I was listening to it. We call it the loft, but it is really the kitchen. From the loft window I saw about eight or nine young men singing in the mews. I saw Stephen Knight arrested by two constables. I was then standing at the window, as was also my husband. When they took Stephen Knight I saw his mother go after him. I knew she had to go along that road, and I said, "Oh, Ern, why don't you go with poor Mrs. Knight." He said, "Oh, I can't. I have got no tie and collar on." I said, "Never mind, run after her, tell her you will go with her." My husband then left the room and came back again, and I helped him to put his collar and tie on. He appeared to be perfectly rational. He did not look as if he had had anything to drink according to my idea. I should know if he had anything; he is not the man to do it. When he came back he put his collar and tie on; I am not sure about his coat. He then went up the mews. I was watching him from the window. I next saw him, I think, at six o'clock, when he came along with Mrs. Knight, Steve Knight, Wedger, and Barnes. Then my husband told me that he had been taken into custody. I never moved from the loft window all night, because I was so worried to think where he had got to. To the best of my recollection, that is what I saw and heard upon that evening.
Cross-examined. The young men that I saw were singing. There was a piano playing opposite to our loft and a young girl was singing and these young men were joining in: I do not think I had seen Steve Knight before he was arrested. It was about 20 yards or more away from my window when they took him. The policemen first of all told the young men to move on, and they did so. A lot went out of the mews before that. I think that was about 20 to one. The policemen then went up to the top of the mews and appeared to me as if they turned round and came in at the other end of the mews. There was still singing going on when they came back. There were five or six young men still singing. Stephen Knight was arrested just in the middle of the mews, and as soon as the policemen dived round the corner they put their bands on his shoulder. My idea is that they arrested him because they thought he was singing with the others perhaps. I will not swear my husband went to the "Elgin." I saw him going to the top; I guessed he was going there. He came back when the houses closed. Knight was arrested a quarter of an hour after that. My husband was with me up at the loft window when Knight was arrested. It was two or three minutes before he went down and followed Mrs. Knight. To the best of my belief it was 12 25. I am trying to remember the times I said before the Recorder. It is a long time ago, and I have had a lot of trouble since. I have been in a sick room six weeks.
Re-examined. I should say it might have been a little after 12.25 that my husband came upstairs, because when he came down the mews really the public-houses were closing.
FREDERICK INVEST . I am a coachman living at 13, Elgin Mews. I know the prisoner. He is in the same mews as I am. I remember August Bank Holiday last year. I first saw the prisoner about a quarter to 10 in his stables in the mews, cleaning his harness. I had just come back from Edenbridge, in Kent, on my bicycle. We both went together to the "Lord Elgin." Our first visit there was about 10 o'clock. I did not have anything to drink at the time because I was an abstainer. I was in the public-house with Sexton, I should say, up to a quarter to 11. He was as sober as I was. I then left the public-house and came down the mews to get a jug to get my wife some stout for supper. Prisoner also came with me. That was about a quarter to 11. I went straight back to the public-house and returned home again. Having delivered the stout I went straight back to the "Elgin." I remained there till about 12.25. Just before dosing time prisoner and myself left together. I know Barnes and Wedger by sight. I do not recollect seeing Wedger in the public-house that evening; I saw Barnes in an adjoining bar. Having left the public-house with Sexton at 12.25 we went down the mews. There was some singing in the next stable to mine upstairs, and we were listening to it. I should think we stood for about a quarter of an hour. Then Sexton went indoors and I did the same. I saw Knight arrested while I was looking out of my window. I also saw Mrs. Knight come out to her son when the constables had got brim. They took him to the police station, then Mrs. Knight went in and put her things on and went after them, Barnes and Wedger going with her. Sexton put his collar on to go with them up to the Elgin Avenue. He overtook them. I should describe his condition as perfectly sober. I gave evidence before Mr. Paul Taylor on the next day or the day after that, saying that I had been all the evening with Sexton in the "Elgin" public-house, and that I saw him in the mews some time just before one. I did not know that he had been arrested until Barnes and Wedger came back without him. I asked where Sexton was. They said they did not know, and asked if he hadn't come back. I said I had not seen him. It was one o'clock when he went out of the mews, and I did not see him before the next morning.
Cross-examined. Altogether the period of time during which we were in and out of the "Elgin" public-house was about two hours and a half. During that time we were talking and having refreshments. I had a ginger ale, and the last drink I had was a drop of cider. I did not see Barnes being turned out; we left before the turning-out business. I left with Sexton. I cannot say whether the potman left immediately behind us. I do not think he closed the door behind us. I cannot help what he says—they do not close the door before us. Barnes was not drunk when I saw him in the mews about a quarter to one. According to my idea he was sober. I did not see Wedger in the public-house, but I saw him in the mews after
the houses had closed. He was as sober as Barnes. I went to get the jug about a quarter to 11. Prisoner went with me and got a jug or a bottle. We then went back to the "Elgin," and after we took the stout home we went back again and stayed until 12. 25. I saw Knight in the mews when he was arrested; not before that. He certainly had had a glass by the look of him. Two constables arrested him; I should not know them if I saw them. When Knight was arrested some chaps came through the mews singing. I never saw half a dozen; there were two or three young fellows there, but they were not close by Knight when he was arrested. These fellows were standing at the corner, I think, of Portsdown Road when Knight was taken. They came through the mews when the "Elgin" turned out. When Knight was arrested I do not remember seeing anybody in particular standing in the mews. (To the Judge.) There were not a lot of people in the mews at the time Knight was arrested. (Cross-examination continued.) Knight had only just come out of his door. He would be alone then. (To the Judge.) He did not come out into a crowd; he came out to see something of what took place, I believe. He had said something about "The next song will be a waltz," or something like that, when the constables took him. (Cross-examination continued.) I cannot see what he had done to be arrested, unless he had done something before that time. I came out of the public-house at 12.25; and listened to the singing for about a quarter of an hour—it might have been a little less or a little more; that is as near as I can recollect. Then I went up into my room. I should think it was five or six minutes after that that I looked out of the window, and soon after that he was arrested. It would be a little more than a quarter to one.
Re-examined. What Sexton had to drink on that night was, I believe, stout and mild. I was with him all the evening and saw no signs of extreme drunkenness at all.
(Wednesday, March 11.)
HENRY WEDGER , 12, Elgin Terrace, labourer. On August 5 I was with Barnes and Sexton in the "Lord Elgin" till closing time, off and on, when I walked down Elgin Mews. There was a bit of a sing-song going on in the mews. I walked into Sexton's stable and was there some time with Barnes and Sexton. When I came out Knight had been arrested, and Mrs. Knight was going to bail him out. I and Barnes went with her; Sexton joined us as we crossed the Portsdown Road, at which time I heard St. Mark's clock strike one, and mentioned it. Mrs. Knight walked in front, Barnes Sexton and I behind, and we got to the station together at about 1.20; Mrs. Knight and Sexton went to the station door; then we had a cup of tea at the coffee stall; Mrs. Knight then left; I went round the corner of the station, and when I came back lost sight of Sexton. I am quite clear that from the time we left the mews till we arrived at the station Sexton was in our company.
Cross-examined. I was in Sexton's company from 10.30 till 1.45—in the public-house from 10.30 till 12.25, off and on. I did not see Barnes turned out by a constable from the public-house; he was at the door when I left. He was sober. I would not say quite sober; he may have had a drop; he was not the worse for liquor. I heard he was refused the house. I said before Mr. Plowden, "I was with Sexton from 10.30 till 1.45, except when he changed his collar"—that is right. When we got to the station Sexton and Mrs. Knight both went to the door; the answer was, "We are too busy; can't attend to you yet." Then to the coffee-stall, which occupied a few minutes. I then went round the station, followed by Barnes, down to the gates in Ormead Road. I saw Sexton talking to a policeman as I left the coffee-stall. Barnes, Mrs. Knight, and Sexton were all by the coffee-stall when the latter was talking to the police constable. I have given evidence before Mr. Paul Taylor, Mr. Plowden, and the Recorder. I forget whether I have said before that I saw Sexton talking to a policeman. I said it for the first time to-day because I did see him. I gave a statement to Mr. Timewell before going before Mr. Plowden—I believe I did tell him that I had seen Sexton speaking to a policeman outside the police station. I have seen Timewell four or five times to speak to; I saw him last night at Elgin Terrace after I got home from work. I have not talked this matter over with Barnes, not a word. I having gone round the corner into Ormead Road, Barnes joined me within two or three minutes. He did not say anything about the policeman that I can remember. After about five minutes we came back in front of the station. Sexton was gone, and we saw no more of him till we came to bail him out. I asked Barnes what had become of Sexton; he said he did not know. I then said to Barnes, "You had better go up and knock and see whether they are going to let Knight out or not." Barnes went up and knocked at the door; a policeman answered the door, and asked whether he had his rent book. Barnes said, "No." The policeman said, "You will have to get one." We then went back to fetch Mrs. Knight; she had gone to bed; we waited for her and then went back to the station with her. She went up to the door, was let in, and then brought out Sexton and Stephen Knight.
Re-examined. I gave evidence before Mr. Paul Taylor, and saw Mr. Timewell before going before Mr. Plowden, but I forget when that was.
ALFRED BARNES , fitter, Vanguard Omnibus Company. I have never been convicted of drunkenness; never been drunk in my life. On Bank Holiday night I was in the "Lord Elgin." After closing time I was with Sexton and Wedger in Elgin Mews and saw Knight arrested. A quarter of an hour afterwards I, Wedger, Sexton, and Mrs. Knight made our way to the Carlton Bridge Police station, arriving there at 1.25 a.m. I am quite clear that Sexton was with me from the time we left the mews till we got to the station. Wedger and I waited on the pavement while Mrs. Knight and Sexton went up to the station door; they came down, and we all four had a cup of tea or coffee at the coffee-stall four yards from the station. Sexton
told Mrs. Knight to go home, which she did. Sexton, Wedger, and myself walked back as far as the station; Sexton spoke to Richardson facing the coffee-stall. I knew Richardson by sight but not by name. Wedger and I heard screams of "Murder" being yelled out in the police station, and went round the corner of the station to Great Western Road to see what it was. We then came round to the station door and looked round for Sexton end Richardson, but could not see them. I then went up to the station door and asked if I could bail Knight out, while Wedger stopped outside. The answer I got was, "Had I a rent book?" I said, "No, out I could go and fetch somebody who had one." Wedger and I then went to the coffee-stall and had another cup of tea, then to Elgin Mews to ask Mrs. Knight to come with her rent book. We returned to the station, she went in once and came out, then went in again, and after five or 10 minutes came out with her son and Sexton. I was surprised to see Sexton.
Cross-examined. I gave evidence before Mr. Paul Taylor. I did not hear Mrs. Knight or Sexton give their evidence. I said we got to the station at 1.15—I was giving a rough idea—at the first hearing. I really had not time to say what I ought to have done. It took 25 minutes to walk. Just as we were in the Portsdown Road the clock struck one, and Wedger passed the remark, "The clock is just chiming one." Before Mr. Plowden I said we got to the station at 1.15—I must have made a mistake to-day in saying 1.25—it would only take a quarter of an hour to walk. Before the Recorder I said we arrived at the station at 1.15, and that I noticed it by the clock just outside the station—that is true, and I have made a slight mistake in saying 1.25. (To the Judge.) I noticed the time because I was anxious to get home. I got home about five a.m. I afterwards noticed the time at 1.30. (To Mr. Muir.) At 1.30 Sexton was talking to Richardson. I said before Mr. Paul Taylor, "I saw Sexton in the 'Lord Elgin' at 10 p.m.; I remained till 12 and then stood outside for three-quarters of an hour"—that is untrue, because I was turned out at 12.25. I said it because it was not very nice to say I had been in the public-house till closing time and got turned out. I was told to go out. I said in a joke it would take three policemen to turn me out; because two police constables were brought in. I was not "nasty drunk" at that time—it is absolutely false. When Sexton spoke to the sergeant we were opposite the station door, and Sexton left us to go to speak to Richardson at the coffee-stall. That was after Mrs. Knight had gone home; that was 1.30 a.m.; it was the last we saw of him until he came out on bail. Wedger and I went round the corner together and stayed about three or four or five minutes, and then came back. I told Wedger I did not know what had become of Sexton—I thought he had gone home. We were at the coffee-stall the first time about five minutes; Mrs. Knight went home; Sexton, Wedger, and I went and stood facing the station door a few minutes; I went round the corner with Wedger for four or five minutes; came back and found that Sexton had disappeared. That was about 25 minutes to two. I then went up to the station to see if I could bail Knight out, had another cup of tea
with Wedger at the coffee-stall in view of the police station, remained six or seven minutes, then went to fetch Mrs. Knight. I did not see Church brought into the station.
THOMAS BURY DAVIS , journalist. I took a statement from prisoner about a fortnight after Bank Holiday in Mr. Ives's office; Timewell was present. I took a full note of the hearing before Mr. Plowden on the instructions of Timewell. I heard Sexton give his evidence before the Recorder on November 25, and afterwards on the same day spoke to prisoner outside the Court in the Old Bailey. I said, "Whatever made you say that you told Mr. Plowden the police were drunk?" He said, "So I did." I said, "No, I took a full report; you did not." He said, "Well, it must have been before Mr. Paul Taylor then; I said it somewhere." I said, "After your evidence before Mr. Plowden, whatever made you say it here?" He said, "I was advised to say it." I said, "Whoever advised you was a fool." As far as I remember that was the end of the conversation.
Cross-examined. I am not employed by any particular paper; I do literary work and contribute reports to the daily papers. I came to take Sexton's statement because the Saturday after Bank Holiday I called at Mr. Timewell's shop; Mrs. Church called in to ask whether he could do anything for her husband, and I went to take that and other statements; and so I accompanied Timewell to take further statements. I have taken statements for Timewell on many occasions since. I wrote Sexton's statement down in longhand—the statement was properly taken; whatever Sexton said was taken down. There was general conversation, between Sexton, Timewell, and myself; I did not take a full note of the conversation. I have been frequently employed by Timewell in these proceedings, and have taken a great many statements; they were properly taken. I attended this Court and took a note of the first day's proceedings, but was not allowed in afterwards, as I might be called as a witness. I thought there was something very suspicious about that conversation with Sexton at the time. I told Mr. Timewell and everybody that I thought he had practically lost his case by saying the police were drunk, after what he had said at Marylebone—that nobody would believe such a preposterous story as that the police were drunk. I said I did not believe it personally. I have had a lot of conversation with police officers from time to time, and said I thought Sexton had made a fool of himself in making those two statements. What made me speak to Sexton then was that when he left Marylebone Police Court he asked me what I thought of his evidence, and in particular what I thought of his reply to that question as to how it was that he had come to be arres✗ in the station, to which he had replied that it was an honest mistake. I said, "You could not have done better—you could not have said anything else," and he said, "No, I do not think I could." When Sexton told me outside this Court that he had been advised the impression left on my mind was not that someone had advised him to say something that was not true, but that
someone had advised him that that was the proper explanation of the conduct of the police.
(Thursday, March 12.)
William John Church, on the advice of Mr. Eustace Fulton, now withdrew his plea of Not guilty, and pleaded Guilty.
In regard to Mrs. Church, Mr. Muir said that he desired to take the opinion of the Attorney-General as to whether she should be proceeded against.
Against Church several minor convictions (one an assault on his wife and on the police) were proved. Sentence: Both, Nine months' hard labour.
BEFORE THE RECORDER.
(Tuesday, March 3.)
PEARCE, Harry (21, baker), pleaded guilty of burglary in the dwelling-house of Thomas Meek, and stealing therein one overcoat, one pocket-book, and other articles, his goods. Sentence, Nine months' hard labour. An order for restitution was made.
BEFORE THE RECORDER.
(Wednesday, March 4.)
BEFORE MR. JUSTICE BUCKNILL.
(Friday, March 6.)
MAUD HEWITT , wife of Charles Hewitt, electrician, 32, Grange Road, Walthamstow. We live in the upper part of the house, and prisoner has lived downstairs with his mother for about three months. I have seen a good deal of prisoner, who has asked me to go away with him, and has made other suggestions not for a nice purpose. He has asked me to go out with him, and has written to me several times. On February 18 I was at home with my husband, when he received the following letter, which I have no doubt at all is in prisoner's handwriting: "To Mr. C. Hewitt,—Just a few lines to you to tell you the goings on of your beautiful wife. I have had to leave home through her. If I had not I should have murdered her several times. When, you thought she was at the Salvation Army she was with me. Last Saturday we went to her sister Alice's, and, coming from there, she met a friend named Charlie Ridley, and she promised to meet him on Sunday night. He paid for a bottle to put her beer in because she could not drink it. If I was you I should cut her f—g head off. She is the cause of me leaving my home. If I had not left I would have done it myself. She is false to you and her children, and not fit to live. We have been to her sister Alice's place twice, and she is a sly whore. Ask her sister if she did not take me to her.—James White, Grange Road." On the following Friday, about a quarter to 10 in the morning, I was in my front room with a little girl. There was a rap on the door. I opened the door and prisoner rushed in. I said, "Oh!" I was frightened, because I had not seen him for three or four days. I had not seen him since we had the letter. He caught hold of me by the throat and dragged me across the room and knocked me down. I can remember him pressing his fingers into my throat as I was down on the ground. I struggled with him—I think I scratched him or bit him. When I eventually got away I saw another man, whom I had never seen before, standing at the door. I ran downstairs and into a neighbour's house. I felt my clothing was all wet, and felt something trickling down my back, and when I looked down on the ground I saw some blood. At that time I did not feel anything. Dr. Wallace was sent for and came and saw me.
To Prisoner. We have been to London together several times, but I have never asked you to go. I have told you more than once I wanted nothing whatever to do with you. You followed me and came after me.
JOHN FORRESTER , 30, Grange Road, Walthamstow, shoemaker. On February 21, at 10 o'clock in the morning, I was at work in the downstairs back room at 30, Grange Road. Prisoner's mother rushed through the passage; I heard the screams of a woman and child, and scrambled over the fence into the garden of 32 thinking there was something the matter. I went upstairs into the front room and saw prisoner holding Mrs. Hewitt by the throat. She was on her knees. He seemed to give her a blow or punch on the left shoulder as I went into the room. I pulled her from the prisoner, and she went downstairs. Prisoner made attempts, as I thought, to follow her and attack her again. I gave him a push and shoved him into the back
room. He dropped the knife produced from his right-hand, I took possession of the knife and handed it to the police. The front door of No. 32, Grange Road, was bolted top and bottom.
Dr. WALLACE, registered medical practitioner, 9, Blackhorse Road, Walthamstow. On February 21, at 10 o'clock, I was called to 32, Grange Road, where I examined Mrs. Hewitt. She was sitting in a chair in the back room, rather pale in colour and frightened-looking. Her left shoulder and blouse were saturated with blood. I uncovered the shoulder, and found an incised wound about half an inch long midway between the point of the shoulder and the root of the neck. It was deeper than that. The wound might have been caused by the knife produced. The wound would have been fatal if the subclavian artery had been penetrated. Considerable force would be required to inflict such a wound with such a knife.
Police-constable ALFRED JOHNSON, 116 N✗. On February 21, in Grange Road, Walthamstow, I heard screams of murder, and went to 32, Grange Road, where I saw Mrs. Hewitt outside the door supported by two women. I went upstairs, and in the back room saw prisoner, and told him I should charge him with stabbing Mrs. Hewitt. He said, "I tried to strangle her first and knife her downstairs. How did you get in? I bolted the door." I took him to the police station, where he was charged. He made no reply.
To Prisoner. It was not Mrs. Hewitt who told me you first tried to strangle her.
Verdict, Guilty of wounding, with intent to do grievous bodily harm.
Mr. Curtis Bennett said prisoner had been under the observation of the medical officer of Brixton Prison, who considered him sane but "soft."
Detective-inspector MARTIN stated that at the age of 12 1/2 years prisoner was sent to the "Shaftesbury," where he remained until he was 16, when he started upon rather a bad career. On December 7, 1897, he committed a felony, and was given a chance, being bound over. On July 6, 1898, charged at North London Sessions with wounding, he received four months' imprisonment. On June 29, 1901, he received two months' imprisonment for felony. On December 26, of the same year, he was charged at Worship Street with attempted murder, and at that time he had a revolver in his possession, but the case fell through, and he was fined £5 for carrying a revolver without a license. In November, 1902, he was sentenced to six months' imprisonment, and on June 23, in the following year, three months' for loitering. Next year he was charged at Chelmsford Sessions with wounding, and acquitted. In 1905 he received three months for being in a place for an unlawful purpose, and in 1907, at North London Sessions, four months' imprisonment in two cases of assault. So far as could be gathered, prisoner had done no work since he left the "Shaftesbury," but had been living upon his mother's industry. He has been three times confined in an asylum.
Sentence, 18 months' hard labour.
FOLEY, Joseph (35, labourer) ; attempting to break and enter the shop of the Stratford Co-operative Society, Limited, with intent to steal therein; being found by night having in his possession, without lawful excuse, certain implements of house-breaking, to wit, one jemmy and one knife.
Mr. H. C. Davenport prosecuted.
JOHN BALDWIN , 4, Holness Road, Stratford. I am manager of the Stratford Co-operative Stores, whose premises are situated at 14 and 16, Portway. I locked the premises securely when I left as a quarter past six on the evening of February 19. I subsequently revisited them at the request of the police. We went in through the front door with keys, the only proper way in, and went through to the back door, where prisoner or somebody had been trying to get in. There were distinct marks of an instrument like the jemmy found on the prisoner having been used between the door and the doorpost.
Police-constable JOHN MARTIN, 151 K. On the evening of February 19 I was on duty with Constable Walker in the Portway at about half past 10 at night. We were both in plain clothes. The barking of a dog at the rear of the Co-operative Stores attracted our attention. I went round to the back and got on the wall, while the other officer went to the gate. As I got on to the wall I saw prisoner in a stooping position at the back door, and I jumped into the yard. As soon as I got into the yard prisoner made towards the side door and opened it, where he found Police-constabte Walker. I said to prisoner, who had this small jemmy in his hand, "What are you doing over here?" and he said, "I came over here to the stables to have a sleep." I said, "Can you show me where the stables are?" He said, "No, I am a stranger about here." There are no stables in that yard. If he had wanted to go to stables there was a large yard right opposite. When charged at the station he said he had gone there to have a sleep. In the doorway at the back of the yard I found that a portion of the woodwork had been broken away and there were five distinct marks of a small jemmy.
Verdict, Guilty of attempting to break and enter and of possession of one housebreaking instrument. Prisoner pleaded guilty of a previous conviction.
Sentence, Six months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, March 7.)
BAILEY, George (28, baker), KEANE, James (29, stonemason), and BAKER, William James (28, tinsmith) ; all breaking and entering the shop of Boot's Cash Chemists (Southern), Limited, and stealing therein 52 brushes and other articles, their goods.
Mr. W. W. Grantham and Mr. John Fletcher prosecuted.
Sergeant ARTHUR ROBINSON, K Division. At 5.30 a.m. on February 20 I was on duty at the station bridge, Ilford, when I saw the three prisoners come out of Station Road. Bailey and Keane were each carrying a brown bag (produced). Baker was carrying a soldier's white kit bag. Not knowing them, they aroused my suspicions. I went to the mews in Station Road and examined the doors at the backs of the shops and found a door at 123, High Road, insecure. I opened it, looked in, and came to the conclusion there was something wrong. I immediately went to the railway station and found Police-constable Simpson. I then went on the platform and there saw the three prisoners in a third-class compartment of a train which stood on the station. I pointed them out to Simpson and approached the carriage. As soon as I touched the handle of the door the whole of the prisoners jumped out on the other side on to the permanent way. We followed them, but Baker and Keane got away and Bailey was subsequently arrested by Simpson. I went back to the train and recovered the three bags, containing the whole of the property stolen from Messrs. Boots, to the value of about £200. The bags were under the seats of the carriage. In the largest bag there was a set of tools—a brace, a bit, a jemmy, and a candle. I have no doubt about the prisoners being the men. On Sunday, the 23rd, at 6.30 p.m., I identified Baker and Keane from amongst others at Ilford Police Station. In the carriage there were two men besides the prisoners. It it not true that I knocked Bailey out of the carriage. Had I been able to I should have got hold of him instead of letting him go out. When I first saw the prisoners they came within three yards of me. The second time I was standing at the entrance to the railway station, and on a third occasion I saw them in the compartment and was pointing them out to Simpson for about a minute and a half from the centre of the platform.
Cross-examined by Bailey. I do not think I mentioned the other day about your wearing corduroy trousers. (To the Judge.) I do not know whether the two other men who were in the carriage are here. I have not made inquiries myself. (To Bailey.)When I was at the station the sergeant asked me for a description of the other two men, and I said I could give a description and I gave one. On the morning I saw you it was not particularly dull; it was rather dark; it had been damp; there was plenty of electric light about in the neighbourhood.
Cross-examined by Keane. When we went on the platform we examined the carriages minutely. I did not say before that I opened the carriage door and jumped in at once. Before I opened the door you had got outside. Bailey was the last to jump out. (The witness handed in a description of the prisoners.) The place where the burglary was committed is about 150 to 200 yards away from the station. The Station Road is a cul-de-sac.
Police-constable EDWARD SIMPSON, 736 K. On the morning of February ✗ 20 I was near Ilford Railway Station bridge, when I saw Sergeant Robinson about 5.45 a.m., and went with him to No. 5 platform. We walked down the centre and searched the carriages of a
train and came to a third-class compartment, where the prisoners were. As soon as Robinson touched the handle of the door Bailey, who had his hand on the further door, opened it and the three prisoners jumped out, getting clear before either of us entered. Robinson entered first. Then I saw Bailey running to my right, down the line. I gave chase and caught him, I should think, about 100 yards away. He said, "All right, guv'nor, it is no good, I will give in." I took him to Ilford Police Station, and on the way he dropped something which sounded like money, but I was not able to pick it up as I was anxious about prisoner. At the station he was charged, but made no reply. I searched him and found a third-class workman's ticket on him (producel), also a gun-metal watch, a watch and chain, and other property (produced). The ticket is to Liverpool Street and back, and was taken on that morning. On February 23. at 6.30 p.m., I saw the other prisoners (Keane and Baker)picking them out from among a number of others at the police-station. At the railway station I should think I was looking at them for nearly a minute and a half; I had no difficulty in recognising them.
Cross-examined by Bailey. I did not say anything to you as we were going up the stairs of the station; you did not complain of your leg being hurt.
Cross-examined by Keane. I had a good look at you. When I saw you at the station I should think I was at the door of the compartment about 25 seconds.
Cross-examined by Baker. I did not see you carrying a bag.
Detective-inspector ALFRED BALL. On February 20 I received some information in regard to the robbery, and went to City Road Police Station on February 23 with another sergeant. I there saw Keane and Baker, and told them that the shop of Messrs. Boots, of High Road, Ilford, had been broken into, and that one man was in custody charged with the offence, and that I had reason to believe they were the two men who were with him at the time of his arrest, and I should take them to Ilford station, where they would be placed for identification. Keane said, "I hope you will give us a fair identification—that is all we want." We took them to Fenchurch Street and from there to Ilford. On the way Keane said, "Of course, we know George Bailey; we all know each other, but we have never worked with him, have we?" Baker said, "No, we did not ought to be identified." About 6.30 on the same evening Keane and Baker were identified by Robinson, who readily picked them out, as also did Simpson and the ticket-collector Thear. When ultimately charged they made no reply. There were some other people who did not identify prisoners; about five other witnesses.
Cross-examined by Keane. I am sure you said you had never "worked" with Bailey.
at about 9.10 p.m., and left it safe. I went there at about 6.30 next morning and found the doors at the back of the shop open, and that a number of articles had been taken away. I subsequently identified them at the police-station; their value was about £200; they are mostly silver articles (produced). They were in these brown bags, which had also been stolen.
Cross-examined by Bailey. The gunmetal watch is similar to the watches which we sell; it is not a new watch. We had a watch which was brought back by a customer, because it was defective. I believe that is the one, but I will not swear to it. There were other watches stolen, which were in cases. There was also some money stolen—15s. in silver and 5s. in copper, also a gold bracelet, which has never been found, and two hatpins.
CORNELIUS THEAR , ticket collector, Great Eastern Railway, Ilford. On the morning of February 20 I was on duty at Ilford Station at the barrier leading to No. 5 platform. About 5.40 I saw three strangers enter the booking office, two were carrying a brown bag and the other a soldier's kit bag similar to the one produced. One of the men booked three return tickets to Liverpool Street. To the best of my memory it was the prisoner on the left (Bailey). They asked me the time the train departed. I told them 5.54, the, number of the platform, and where the train stood. I saw the prisoners the following Sunday at Ilford Police Station. (To the Judge.) I did not see the prisoners get into the train. (Examination continued.) I picked out Baker from about half a dozen people. I did not see Bailey at the police station. I remember that Baker was carrying a brown bag and the third one was carrying the little kit bag when I saw them. I did not identify Keane.
Cross-examined by Keane. I had you under observation for three or four minutes; it might have been four or five; I do not know exactly.
Re-examined. Bailey was brought back to the station and came up the staircase with the constable.
Detective FRANK TROTT, G Division. About 10.30 on February 22 I went with a sergeant to the "Lancaster Arms," where I saw the prisoners Baker and Keane talking to each other. I stopped outside and then Keane came out, stood in the doorway, and said, "Hullo, Mr. Trott, do you want me?" I said, "Yes, we are going to arrest you for being concerned with a man named Bailey in custody for breaking into a shop at Ilford on Wednesday night last or the early morning of Thursday." He said, "I know nothing about it. I do not know Bailey." I said, "Perhaps you know him by the name of White?" He made no reply to that. He was conveyed to the City Road Police Station. I went back to the public-house and told Baker to come outside. I then told him what he would be charged with; he made no reply. On the way to the station he said, "Are we going to be put up for identification?" I said, "Yes." I had seen the three prisoners together more than once within the fortnight previously at High Street, Islington.
Cross-examined by Keane. I should think I have seen you with Bailey on three or four occasions. The last time before this robbery would be, as far as I remember, about the second week in February.
Detective-sergeant GEORGE SCRIMSHAW, K Division. On the morning of February 20 I went to Messrs. Boots shop and found an entrance had been effected by getting on to the roof at the rear and forcing the window; the marks corresponded with the jemmy produced. There was a slight mark on the door leading into the shop, from which I gathered it had been forced. It corresponded with the prisoner's tools. The prisoners had evidently left by the ground floor.
Detective WILLIAM BROWN, K Division. On February 29 I was at the Stratford Petty Sessions House and heard a conversation between Baker and some woman who was there. They knew I was there. It is a practice for a constable to be present at such times. The woman said her name was Mrs. Baker. Baker said to her, "Go to 4, Upper Ashby Street, see my mother, and ask for my brother Fred. Tell him he is to come up and say that I slept with him that night; between us we can make up an alibi. Alfred S—came to see me in Brixton, but he is no good; tell him to get Mr. X. I will soon get some stuff if I can get a run this time. If he cannot get Mr. X I will defend myself, but be sure and get Fred to come up to the Old Bailey, and he is to say that I slept with him that night. If he says that I shall manage it. Do this and I will stick to you Dolly." At about 12.30 a man came up and said his name was Rocky, and that he was a brother-in-law of Bailey. The three prisoners were all standing together and they all heard the conversation. Keane said, "You must get a mouthpiece for all three of us"—that means a counsel. Bailey said to him, "Hullo, George, tell Nell to bring some clean clothes." Then Keane told him to go to George Hutton, "Toffy," and "the Refiner" and tell them to start a list. "We can get a mouthpiece for three saucepans" (that is a slang term for sovereigns). "This was a put-up job; tell the boys it was that stuttering bastard that has shopped us. He came in to Brixton to visit me yesterday. I should like to have got my fingers at his throat. He has done this all right for us. If he had not done it the other people would not have found out; he is a dirty dog." I made a note of that at the time.
Cross-examined by Keane. You might have said either Mr. Coffee or Toffy.
To the Judge. The above conversation took place the day prisoners were committed for trial.
Bailey's statement. "I reserve my defence."
Keane's statement. "There were five or six witnesses, besides constables, who came to identify me on the Sunday, whom I should like to attend the Central Criminal Court, as I am positive they could help me to prove my innocence."
Baker's statement. "I reserve my defence."
GEORGE BUCK , coffee-stall keeper, High Road, Ilford. On the 25th of last month I was called to Ilford Station about six in the evening to see if I could identify two men I saw at Ilford Station, on the morning of this robbery. They had been under my observation for three or four minutes that morning, and I had seen them in the shade and in the light as well. They were carrying two portmanteaus and a canvas bag. I was at my coffee-stall and two of them had a cup of coffee; the other one stood inside the station, where they had left the property. When I was called in to identify them I was not quite sure of the men. I have a good many customers in the morning between five and six, and did not notice particularly the two men who had the cups of coffee.
GEORGE MARTIN , potman at the "Angel," Ilford. I do not know really anything about this matter, bar seeing the prisoner go up with the constable, and I recognise him as one of the men who has been in our place. The previous afternoon, three or four men had come into our place.
Cross-examined by Keane. I am sure I could not say why I was brought to the police station to identify. (To the Judge.) I recognise the prisoner on the left, who was taken to the station, as being in our bar two or three days before. (To Keane.) I failed to recognise anyone at the station.
Prisoner KEANE. There are three more who came up to identify me, but I will not call them; it is only giving unnecessary trouble to you all.
(Keane said he wished to call his wife; she was called for in the name of Mrs. Bannister but did not respond.)
GEORGE BAILEY (prisoner, not on oath), said that on the night in question he met a friend in Oxford Street, and they had a drink. His friend took him to a club where he was introduced to a young lady, and he accompanied her to Ilford. On their arrival she asked him to go home with her, and he did and stopped the night, leaving the house next morning at about 20 to six. He then got a ticket for Liverpool Street and walked to the train getting into a carriage where four men were sitting. When he got in he saw a man leave the carriage on the other side. He then went to see what was the matter when the policeman came in and knocked him on to the line, on which he fell and hurt his leg. Hearing a passing train he ran to the bank as quickly as he could; he was then pounced on by Police-constable Simpson, and witness told him he was not one of the men, and that he had been knocked from the carriage. The policeman then began to treat him roughly. Witness said, "Do not be a cad; my leg is hurt, and the policeman replied," You will be hurt something else if you do not come on. "Then he was thrown, on his back and eventually taken to the station that was all he knew about the affair.
Prisoner Keane then addressed the jury.
Verdict: All Guilty.
The three prisoners each confessed to a previous conviction. Bailey on July 23, 1906; Keane, on May 13, 1901; and Baker on July 23, 1906, all at this Court. It appeared that Baker and Bailey had been convicted together in July, 1906. Against Bailey several other convictions were proved, including a sentence of three years' penal servitude. Against Keane 11 convictions were proved, including one of five years' penal servitude. Against Baker two previous convictions were proved, but it was stated that he had been associating with thieves for a long time, and had himself said that he had been lucky in escaping detection.
Sentences: Bailey and Keane, Five years' penal servitude; Baker, 18 months' hard labour.
Mr. Ramsay prosecuted.
Police-constable JAMES DUNSTALL, 546 K. On February 18 I was in Clarkson Street, Canning Town, at 8.15, being in plain clothes in company with Police-constable Sargeant, when I saw prisoner enter the urinal of the "Prince Arthur," carrying a parcel. I followed, and said, "What have you got in there?" He replied, "It is only a bit of lead, gov'nor." I said, "Where did you get it?" He said, "Off Ford's." I said I should take him to the station, which I did, and he was charged at 12.15 a.m. When the charge was read over he said, "There are others with me; I am not on my own." The property is flush pipes from the cisterns of the w. c. 's of houses.
Police-constable ALBERT SARGEANT, 422 K, corroborated the last witness.
Police-constable JOHN HARDING. On February 18 I saw prisoner detained at the police station. He told me he got the lead at the first house on the right in Ashburton Road, and some in the rear of a shop down an alley. I went to 261, Ashburton Road and found that a flush pipe had been torn away from the cistern. I then went to an empty shop and found that the upper portion of the flush pipe was taken away from the cistern. I compared the pieces of lead found on prisoner and found that they fitted.
Prisoner's statement. I have nothing to say, and call no witnesses.
Prisoner said nothing in defence.
A previous conviction at this Court was proved, when prisoner was sentenced to 12 months' hard labour for stealing zinc from a shop. Three other convictions were proved for the same kind of offence.
Sentence: 18 months' hard labour, with a recommendation that he be put under the Borstal system.
BEFORE JUDGE LUMLEY SMITH.
(Monday, March 9.)
Mr. C. G. Moran prosecuted; Mr. A. J. Lawrie and Mr. H. D. Roome defended.
ALFRED SAWARD . I have a stable at 78, South Grove, Walthamstow, where, on January 16, at 11.15 p.m., I left my mare, gig, and harness. I was called to the stable the following morning by my foreman and found them all gone. The value was £45. It was a black mare about 14 hands high, with a white blaze on its face and hind fetlocks white. On. January 30 I saw the bridle. From something I heard I went to the prisoner's house on February 14 and asked him if he had a pony for sale; he took me to Paradise Row, Stockwell, and showed me a pony which was not mine. I made arrangements to meet him the next morning. The next day he was arrested. My initials were on the back of the gig. The name of "Dixon, Dorking" was not on either shaft. I saw a bridle at the stable of Geo. Walters, of New Road, Battersea, which I identified as mine. The rubber mat was in three pieces, and there was one lamp, on the off side. I have seen the gig since at Mr. Silverton's, a job master, but I have not seen the mare since.
Cross-examined. When I told the prisoner I wanted to purchase a horse it was because I wanted to see if mine was there. He took me to the stable where he kept his own horse. There were four other horses in the stable, but not mine. I did not purchase any. My stable opens on to the main road. The padlock was wrenched off the stable yard gates. I could not say what time the premises were broken into. My man discovered it. On February 25 I gave the police instructions to issue a reward notice with a full description of the mare, gig, and harness, which was circulated by the police on January 31.
WILLIAM ALLEN . I am in the employ of prosecutor. On January 17, when I went to the stable, I found the mare, gig, and harness missing. I immediately informed the prosecutor. I have seen the bridle since at Battersea Police Station. I identify it by the nosepiece, which was broken. I have seen the gig outside the Old Bailey.
Cross-examined. Anyone who has handled a bridle can always tell whether it is theirs. I do not say that the prisoner could tell that this bridle was different from any other.
The mare was between 14 and 15 hands high, with white heels behind, and a white blaze on its face. The gig was a dark colour, and it had a bell on the off side. I shod the mare and prisoner took it away.
Cross-examined. I have known prisoner some few years. The mare was in very good condition. One of the front shoes was loose; the hind shoes were all right. It took about three-quarters of an hour to shoe her. The prisoner came just about dinner time. (To the Judge.) I have known him as a horse dealer and greengrocer.
GEORGE WALTERS , 166, New Road, Battersea, general dealer. My place is opposite that of the last witness. I have known prisoner for some time. On Saturday, January 18, he came to see me in the middle of the day. He asked me if I could put up the lot for him till Monday. I said, "Yes." He afterwards went round to my stables. He was driving a black mare and a well-bottom gig with rubber tyres and a foot-bell in the bottom of the trap and one lamp I noticed some initials on the back panel.
Cross-examined. I have known prisoner between five and six years as a greengrocer and dealer in horses.
Re-examined. The bridle that formed part of the harness was left behind, owing to my man having put on by mistake one belonging to me. (To the Judge.) The prisoner, I was told, took the mare and gig away on the Monday morning following.
JAMES READ , employed by last witness, his brother-in-law. On January 18, at dinner time, prisoner brought a black mare and a well-bottom gig. On the Monday morning, when I✗ harnessed the mare, I put on a bridle belonging to my brother-in-law by mistake. The prosecutor identified the bridle at, I believe, Stratford. The rubber mat in the gig was in three pieces.
WILLIAM CHARLES BRAZIER . I am a jobmaster, carrying on business at Brighton. I bought the gig on January 28 from prisoner. Prisoner's name was on the off-side shaft. I sold it to Mr. Silverton last Thursday. It is now in his possession. (To the Judge.) I paid prisoner £6 10s. for it.
Cross-examined. I have known prisoner for some considerable time as a horse dealer. I met him on the road as he was driving to Brighton. We both pulled up. He said to me, "Could you do with this lot, Bill?" I said, "It is a very nice gig, it will just about suit me and the missus." He said, "I will sell it to you." He then asked me to meet him at "The King and Queen," where we did the deal. I only bought the gig. The horse prisoner was driving was dark brown.
WILLIAM SILVERTON . I am a jobmaster carrying on business at Forest Road, Kingsland, N. On Thursday, February 27, I went to Brighton, where I purchased a well-bottom gig from Brazier for £6 10s. at Smith's Horse Repository. The prosecutor has identified it as his.
Sergeant HORACE CASTLETON, N Division. I saw prisoner at 10.20 on the morning of February 15 last, at the "Swan," Stockwell. I
said, "Is your name Dixon?" He said, "Yes." I said, "I have every reason to suppose you have some stolen property in your stable." I told him I was police officer. He said, "Came and have a look." I went with him to a stable at the rear of 24, Paradise ROW, Stockwell. After I had a look round, I said to him, "I want to know about that black mare with a blaze down its face, white hind heels and hoofs, and a well-bottom gig which you had in your possession the day after it was stolen." He said, "I don't know what you mean." I said, "I mean the lot that you put up at a man's place at Battersea; when you took it away you did not harness it yourself; when you and another man left early in the morning you took away the man's bridle, and left the bridle behind. That bridle was on the horse when you put it up, and It was the bridle that was stolen with it." He said, "The only horse I put up is the one you see now." The horse that he was referring to was a bay mare about 12 hands high. Then he said, "About that bridle, I bought that at Smithfield about a month ago." I said, "Respecting this horse, two men I know saw the horse you put up and they both know a black from a bay; and they also described the gig." He said, "You have made a mistake." I told him I should arrest him and charge him with stealing and receiving the mare, gig, and harness. He said, "You do it; you will make the biggest mistake you made in your life." Just before I arrested him I said, "I understand you have been to Norwich?" He said, "I have not." Later on he said, "I have been to Norwich; that is the way I get my living. During the latter portion of the conversation Detective Lee was present.
Cross-examined. When I saw the prisoner I did not tell him that I was going to take down what he said, and that it might be used against him. I knew the date when this property was stolen, and also the man's name I referred to, but I did not tell him. I cannot say that he had any indication from me as to the time when it was suggested this robbery had taken place, and all these transactions had happened. Before the magistrate prisoner said: I plead not guilty, and reserve my defence.
WILLIAM DIXON (prisoner, on oath). Up to the time of my being arrested on this charge I had lived with my wife and children at Battersea, and carried on business with her resistance as a greengrocer and fruiterer at 1, Edward street, Battersea. In addition to that business my other occupation was dealing—buying and selling horses and traps. I have not now any stables of my own, but I used to have. I gave them up because the trade was very bad and I thought that travelling from market to market and take them fairs would be better. I used to buy horses at repositories and take them to different parts of the country and sell them. If I wanted a stable I would go to my nephew, Harry Dixon, who has a stable at Brixton. That is the stable where I took the police officer to, to show him my horses. I remember Friday, January 17. That morning me and the
missus went to Smithfield together. We had a look round. I bought some toys for the children and the missus bought a scarf. While I was there I saw a man driving a horse and trap up and down. I said to the missus, "I could do with that." It was a dark brown horse. I said to the man, "How-much?" He asked me £25 for it. At the finish I bought it for £18. I did not have all the money with me; my wife lent me some towards it. Me and the missus drove home in it. I stopped at our door with it for half an hour. She said, "What are you going to do with it now?" I said, "I must put it up somewhere till Monday until I go somewhere in the country again," and I put it at Walter's place. I gave him 4s. to put it up till Monday. On the Monday morning I went round to where the horse was put up; it was harnessed to the trap and I drove away, because I intended going to Brighton sales, where I go once a fortnight. On the road down I met Brazier, and he said to me, "Bill, I could do with that trap," knowing me as a dealing man. He said, "Where are you going to stop?" I said, "The King and Queen." He came down to the "King and Queen," and we did the deal, and the next day I bought another trap off him. (To the Judge.) I sold the trap for £6 10s. (To Mr. Lawrie.) I not sell the horse down there—I put it in Smith's auction sale with a trap and harness which I bought of Brazier, but it was not sold. I then brought it back to London, and put it in the Elephant and Castle horse repository, where it was sold, but it only fetched £6 to £7. The harness was sold for 35s. I do not know who bought the horse. The auctioneer would know, of course. The witness Scannell knows I have been a dealer; he has shod horses for me. Walter's foreman also knows me. I had not had any suspicion, that they were the proceeds of a robbery, or I should not have drove it about where I did. It must have been a month after that any reward was offered in connection with this robbery.
Cross-exaimned. My wife is here to-day. There is not anybody here to whom I sold the mare or who speaks to the sale of the mare and the harness. I went to Smithfield Market to see if I could buy anything cheap. I do not remember exactly what money I took out with me that day. The day I bought the horse and trap I put it up at my nephew's. I did not leave it there till Monday, because I thought I would go out with the missus for a drive. I took it was another place in. Battersea the next day, Saturday, because it was much nearer my place. I have not any receipt for the £18 I Paid; is not the usual thing to give one. The man I bought it from lives somewhere in the Holloway Road. I should know him if I saw him I have seen him before at the market. I have not had a chance of trying to find him, because I have not been out on bail. I have not told the prosecution or anybody at all engaged in this matter about this man, nor described him to the police. They have never asked me. I did not raise a defence at the police court. I was told to reserve my defence. I did not re-varnish this trap. The name "Dixon" was put on the shaft. I have explained that "Dixon, of Dorking," is
a nephew of mine; we used to deal together, and we generally put the name on a trap. (To the Judge.) When I drove to Brighton the name "Dixon, Dorking," was on the shaft. (To Mr. Lawrie.)Any-one selling has nothing to do with the man who buys the horse at a repository; it is the auctioneer. The auctioneer does not give you any receipt. When Sergeant Castleton gave me a description about the bridle I said I bought it on the stones at Smithfield. The bridle on the mare which I bought was sold to my nephew. I did say first of all when the policeman came that I had not been to Norwich. I had last been to Norwich some six or seven months ago. Inspector Martin spoke to me. Before I was summoned at the police court he asked me if I could give him any information about the horse and trap. I said I knew nothing about it. (To the Judge.)That was when I was in custody. I told him I could not give any information about this trap and horse, because I did not understand what he was asking about. He said something about a cart, not a. trap.
Re-examined. It is the habit to make deals at Smithfield without asking the name and address of the men with whom you deal. (To the Judge.) When the constable asked me about the horse and gig I did not tell him I bought them at Smithfield, because I did not know what he wanted to know for. I did not know that the horse that I bought was the one he wanted to know about, because it did not resemble the colour.
Mrs. MARY ANNIE DIXON. I have been married to the prisoner for seven years last January. I remember January 17 last Me and my husband went to Smithfield together. When we got to the market I bought some toys for my children and there was a horse and trap going up and down. My husband said, "I like the look of that, Mary." We had an argument about it at first, because he wanted some money off me. At last I gave him £6 towards it. He bought it for £18. We went and had a drink and drove it back to where we lived. I then went in doors and my husband said he was going to drive it round to his nephew's to see if he could let him stable there. He stabled it at his nephew's, and he brought it back on the Saturday morning and stood outside the door sometime, saying that he was going under the bridge to see if he could get a stable there.
Cross-examined. I saw Sergeant Castleton at the house where I lived, before my husband was arrested, and at the police court. I told him that my husband bought the bridle at Smithfield, but I did not tell him he had never had a black mare and a well-bottom gig, nor that he had never put up such a lot in Battersea, because he never asked me. I do now remember speaking to Inspector Martin at the police court. I had £8 or £10 in my purse when I went to smithfleld. I don't know how much my husband had. He asked for something towards the lot and I gave him £6. The man he bought it of wanted £25 at first. I do not know the name of this man and have never seen him before. I have told several neighbours that I was with my husband when he bought a lot at Smithfield, but I had not told the police or anybody connected with this case.
FREDERICK THOMPSON , 42, Savona Street, Battersea. On January 17 I was at Smithfield Cattle Market, sening✗. I saw the prisoner and his wife. Prisoner was bargaining for the horse and trap. I heard the prisoner say, "I will give you £18." There were two men there, and the elder one said, "Right, that is yours"; they shook hands, and Dixon paid out the money. They went over to have a drink at the public-house, and Dixon said to me, "Come on, you can have one as well, Curly." That is a nickname I go by.
Cross-examined. There were two men together outside the trap; one was doing the talking. I remember this was on Friday, January 17, because every Friday I go to the Cattle Market. That was the only time I saw Dixon up there. I could not tell you whether it was a mare or a horse. It was black. The gig was a black one, or dark. I remarked to Dixon, "Bill, there is only one lamp to it." He said, "I am not buying the lamp; it is the pony I want." I was first spoken to about this case last Friday. It was brought to my recollection by a friend who works with me. He said, "Have you heard about Bill Dixon?" I said, "what?" He said, "About a pony and trap that was put up there a couple of months ago." I said that I recollected Dixon buying one just about the middle of January. My friend's name is Frederick Jones; he lives somewhere up the further end of Battersea.
WILLIAM BRAZIER , recalled. The horse the prisoner was driving when I met him was a dark brown horse. It went very well. I think it had a white blaze on the forehead and white heels behind. I saw it at the "King and Queen" the next morning, when it was brought to my place.
Verdict, Guilty. Prisoner confessed to having been convicted of felony at Chelmsford Quarter Sessions on July 13, 1888, in the name of William King.
Inspector MARTIN said that the prisoner was 60 years of age, and that he appeared to have commenced his career of crime 47 years ago, and detailed a large number of convictions dating from 1861.
Witnesses as to character: JOSEPH HOSE, general merchant, 6, Everett Road, Nine Elms Lane, Battersea, said that he had known prisoner for three years and had always found him fair dealing and honest.
Sentence, Four years' penal servitude. An order was made that £4 15s. 4d. found on prisoner should be given prosecutor as compensation.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, March 11.)
Mr. Beaumont Morice prosecuted; Mr. Warburton defended Osborne; Mr. Eustace Fulton and Mr. C. G. Moran defended Greedus.
JAMES CARDEW TRUSCOTT , traveller and blouse manufacturer. I have known prosecutor for about two months. At about half past seven on the evening of October 21 I went with him to the house of the prisoner Osborne, at Peel Road, Woodford. Williams knocked at the door and Osborne opened it. I said, "I have come for that money that you owe me, George" (referring to a betting transaction). He said he was not going to pay it. Then Williams said, "Why don't you pay?" Osborne made some remark and there was a scuffle. Then Greedus appeared on the scene. The reason Osborne gave for not paying was that I was not entitled to the money and was trying to do him. I had had previous betting transactions with him; I have always paid him and he has always paid me; they have been small sums; this was a larger amount, and he did not pay. It was £15 10s. altogether. The stake was £6, and £9 10s. was what he refused to pay me. I told him I would see that he did not do any more betting; if I could I would stop him. Greedus came in from the kitchen, stood on the stairs, and kicked at my head from about the fourth stair. There had been no shouting up to this time or cries for "Police." Then there was a knock at the door; I opened it and there were two men there in their shirt sleeves, strangers to me. They came in and we were pushed out by Osborne and Greedus; then we were hustled through the front garden and thrown into the road. There I was kicked and knocked down. Every time I got up I was knocked down again, by Greedus principally. Williams at this time was on the pavement; he was being attacked by Osborne; then Greedus thought he had finished me and went to help Osborne attack Williams. Williams was on the ground and they were both kicking him in his private parts. I heard somebody shout, "Out him," and they were endeavouring to do it. I should think I was kicked about 20 times. When my senses returned I made my way to the cab; I was in a fearful state; smothered in blood; there were crowds of people there at that time. I shouted out, "Charlie, Charlie," meaning Williams. There was a gentleman there with a cycle, and I asked him to go for the police. Williams came to the cab shortly afterwards; he appeared to be in very great pain, and was holding his private parts. We then, got into the cab and went to Wood Street station to catch the train. When Williams left me at the station he was hanging on to the wheel of the hansom and appeared to be severely injured. I did not get out of the cab because of the crowd.
Cross-examined. by Mr. Warburton. I am not travelling for anybody now. I was travelling for about 18 months, last year and the beginning of this. With regard to this particular betting transaction, the race was run at Carlisle at 3.36 and the post-mark on the letter was 3.45. It would have been impossible to get information and post the letter in the time. The time the letter is posted is a guide to a bookmaker as to whether or not he would take the bet. I do not admit that no money was due to me, because in cases where I have backed horses with Osborne and posted the letter by this post
he has never returned me the money if I have lost. I went to see Osborne the next day; we were perfectly friendly. He said, "You will have to go to the Post Office." I said, "Right, and if the Post Office people say that this letter was collected by the 3.10 collection I shall expect you to pay." I went to the Post Office and afterwards telegraphed to Osborne, saying, "I have been to the Post Office authorities and they say that the letter was collected by their officials at 10 past 3." The money for this bet was sent by postal order payable to Osborne; he gave me the money back in cash and said he was not going to pay on the bet, because the post time was after the running of the race. He wrote me a letter, which I have here, dated October 17, with reference to the transaction. (The letter was produced and read.) I was told by the Post Office people that, if I sent the covering of the letter to them they could tell me what time it was taken out of the pillar box. I did not trouble about it, because I knew what time it was posted. At about one o'clock on Monday, October 21, Williams came to my house, 60, Mansfield Road. Williams is a jockey's valet. I have known him about two months. I did not introduce him as "a pugilist" to Richard and Robert Brown. He came to me to collect some money that was due from me to him. I took him out to see the sights of Walthamstow; we called at the "Chequers," the "Flower Pot," and then at the "White Swan," where we had a game at billiards. Then we took a cab at Wood street Station, and drove to my house, about a mile. We had dinner at about six o'clock. We had no beer or wine. After dinner we went to the "Plough." I have not the slightest knowledge of Williams taking a soda-water bottle and saying, "Come on, I will smash their f—g brains out with this." He never said that in my hearing, nor did he say, "I will give them doing me out of my money." I deny the whole soda-water incident absolutely. I know Frederick Wyatt by sight; on this Monday afternoon I saw him outside his shop in Wood Street at about four o'clock, and asked him if he had seen Mr. I Osborne; he said, "Yes, he had seen him go by on his cycle that morning." I did not say anything about Mr. Osborne having a "hiding," either with adjectives or without. I did not hear the evidence at the police court. This is the first time the soda-water bottle incident has come to my knowledge. I know nothing of Williams saying, "Take no notice of him" (meaning me), "he is up the b—rod." I know Charles Bumstead, who is employed at the "Duke's Head"; he was in the "White Swan" with us that afternoon. We were talking about betting, and Osborne's name was mentioned. I swear that Williams did not say, "If I cannot get my I money I will have money or blood. I am a Welshman"; nor did he say, as he left the saloon, that if he could not get his money he would do something (using a filthy expression). I swear that he did not make use of such expression either in my hearing or anyone else's that afternoon. I saw Richard Brown as I passed his house; I did not introduce Williams as "The Clerkenwell Bruiser." Williams did not use threats about Mr. Osborne to Mr. Brown. I did not say, "I will have his f—g lights out." I never made use of any such
expression. I did not introduce Williams to Robert Brown as "a fighting chap from Clerkenwell." I did not say to him, "We are going up to Woodford to a man named Osborne for £9 for a bet, and if he does not pay we are f—g well going to pay him and put his lights out." When we went into Osborne's house and shut the door it was not with a view to thrashing Osborne without being interfered with. I took Williams there in order to verify my statement to him that I had not been paid. I swear that Osborne did not say that if I could bring proof of the posting of that letter before the race was run he would pay me. I asked him for the money, but I did not say, "If you do not pay me we will strip you and the place too"; and I did not try to pull his watch and chain off. We made no attempt to rifle his pockets or anything of the sort. There was nothing said about robbery and no shouts for the police. When we got out there were about 30 people. I never attacked anybody. "Vivian" is my telegraphic name. I was quite sober on that night.
Cross-examined by Mr. Moran. I should say we had had about six glasses of bitter that day. The expressions which have been put to me as having been made to various people are absolutely false, deliberate lies, and if made in the witness-box, perjury. Greedus was not present when we first went into Osborne's house; he came is two or three minutes afterwards. I swear that Greedus did not say, "Why have you come up here kicking up a disturbance?" Williams did not kick at Greedus. The cab was about 50 yards from the house.
Re-examined. When the two prisoners were brought to the station they made no complaint of any violence being used towards them.
Detective-sergeant ALEXANDER MACKENZIE. On October 26 I went to 9, Cumming Street, Clerkenwell, and saw Mr. Williams in bed; he appeared to be in very great pain; the lower part of his body was blue and black, and his testicles very much swollen. I afterwards went with Inspector Ellis and arrested prisoners at Woodford.
Cross-examined by Mr. Warburton. Williams told me that everything that occurred on the afternoon he received this injuries was a blank to him until he found himself at home.
Detective-inspector HORACE ELLIS. On October 25 I went to Peel Road, Woodford, and saw prisoner Osborne. I told him I should arrest him for causing grievous bodily harm to a man named Williams on Monday night by kicking him. He replied, "I did not kick him, I own I struck him with my fist; they came down and threatened to have the money or strip the place. Surely if they come to my house and assault me I am allowed to defend myself. All I did was in self-defence." On the same night I went with Sergeant Mackenzie to Brettenham Road, Walthamstow, and saw Greedus. He was told he would be arrested. He replied, "The men come into the house and seized Mr. Osborne by the throat; I called the two men from next door, and when they knocked Truscott thought it was the police and opened the door. There was no blow struck in the house. When we got outside the house the little man kicked me in the stomach and doubled me up. I went for him. I could
not stand being kicked without defending myself and what I did was in self-defence. "When charged he made no reply. I saw no marks of injuries on either of the prisoners, and no complaint of injuries was made. The arrests were made without a warrant because Williams was lying seriously ill, and it was not known whether he would recover.
Cross-examined by Mr. Warburton. I have been in the neighbour-hood about eight months. I did not know the two men till the night I arrested them. I know that except as regards betting they have always borne a respectable character.
Cross-examined by Mr. Moran. Osborne was detained at the station while we fetched Greedus. They were both charged at the same time.
GEORGE WILLIAM NUTT , cabdriver, Walthamstow. On October 21 I was hired from Wood Street Station by Truscott, and drove him and Williams to 60, Mansfield Road. I waited there about three-quarters of an hour for them; took them to the "Plough," at Wood Street, and from there to Peel Road, Woodford, where I put them down at the corner. I waited there about 20 minutes; when Truscott came out to me he was bleeding from the face. Three or four minutes after Williams came; he was bent double, and holding his private parts with his hands. I then drove to Wood Street Station, where Williams got out of the cab; I took Truscott on to his own house, and from there to Forest Road Police Station.
Cross-examined by Mr. Warburton. I knew Osborne's house. I lived next door to him for five years. When I left the "Plough" I was told to drive to Peel Road; if I had been ordered to go to Mr. Osborne's house I should have known it and driven there.
CHARLES CHRISTOPHER WILLIAMS . I have been a jockey's valet. I had known Mr. Truscott for about six or seven weeks before this accident occurred. On October 21 I went to his house to see him about some money that was due to me. I had never been in that district before. We went for a walk in the afternoon, and at about quarter-past six in the evening went to Osborne's house. I knocked at the door, and I think Osborne opened it. Truscott said, "Go on in." I walked in, not knowing there was anything the matter. Truscott asked Osborne for £9 10s. that was owing to him. Osborne called him a thief and a swindler, and said, "You can't get nothing off me; you can't catch me either." I said, "If you have got a dispute why do not you get some friends here and settle it by arbitration." Osborne said, "I will arbitrate. I will kick his b—out." When we first went in, Greedus was in the house, but he ran out and came back three or four minutes afterwards. He got on the stairs and made a kick at Truscott. Then there was a knock at the door; Truscott opened it and I flew out. When I got out I got a clout on the back of the head which knocked me down; I got up and was knocked down again and badly kicked about the body. Both Greedus and Osborne kicked me. I cried out, "For God's sake leave me alone; you are killing me." I have no recollection whatever of how I got away and got home. I was taken to St. Bartholomew's Hospital, where I underwent
several operations. I came out on January 15, and am still an out-patient. I am unable to follow any occupation.
Cross-examined by Mr. Warburton. I have had some experience in boxing; I trained a well-known pugilist about 22 years ago, but have never had the gloves on since 1887. I had not been going about with Truscott uttering threats about Osborne and using filthy expressions. I bought a soda-water bottle at the "Plough," but it was not with a view to using it on Osborne, nor did I utter any threats in connection with it. I do not know what became of the bottle. (The rest of the cross-examination was to the same effect as that of Truscott.)
Re-examined. I had fractured my right thigh twice before this affair.
WILLIAM ERNEST LOCK . On October 21 last I was acting as a postman. On that evening, between seven and eight o'clock, I saw Williams and Truscott in a cab. They spoke to me at the corner of Peel Road and then went down it. They appeared to be sober. Soon after that I heard shouting for the police from the direction of Osborne's house, to which I went, and just outside I saw a man lying on the ground—that was the man Williams, who is in Court. There was a man standing over punching him. Williams was struggling frantically to get up, which he eventually did, and came towards me in a bending position with his hands on his private parts. I then saw prisoner Osborne punching Truscott. The latter was apparently kicking in self-defence. Then Williams and Truscott went towards a cab, and I think the coachman assisted Williams in, who seemed to be in pain, and Truscott's face was smothered with blood. They both got into the cab.
Cross-examined by Mr. Warburton. The only kicking I saw was by Truscott. I should say that the blows given by Osborne were fair fighting blows. Osborne has lived near me for some time, and has always borne the character of a peaceable and sober man. I heard him say that someone had tried to steal his watch at the time he was punching Truscott. In regard to the time of posting the letter produced, which is marked 3.45, it might have been posted a few minutes after the previous collection. I do not think there would be any way of proving the actual time it was posted. There is no mark put on it to show when it is taken out of the post-box. You could not tell whether the letter were posted at 3.44 in the pillar-box or at 2.15 at the post office.
THOMAS GEORGE LATHAM , medical practitioner. On October 22, at about a quarter to one, I was called to Williams's house in Clerkenwell, where I examined him; he was in bed. He was not fully conscious. He complained of having been assaulted some hours before and of feeling great pain in the head and the lower parts of his body. Part of the bedclothes was stained with blood; that would come from the private parts. There was a swelling on the left side of the head and there was great tenderness over both frontal bones. (Witness described the injuries to the private parts.) The injuries were such as might have been caused by being kicked. I did not see Williams afterwards.
EDWAED ALYWARD , house surgeon, St. Bartholomew's Hospital gave evidence as to Williams being admitted to hospital and how he was suffering from certain injuries connected with his private parts. He was in hospital from November 3 to January 15, during which time he underwent two operations. He is not likely to recover altogether from his injuries.
FREDRICK WYATT , 46, Waverley Road, Wood Street, Walthamstow, greengrocer's assistant. I remember on a day in October last seeing Williams and Truscott in Wood Street. One was about a dozen yards away from die other, but near enough to hear each other talking. I was standing outside the shop where I work Truscott asked me if I had seen Osborne. I said that I had seen him go by on his bicycle. He said, "Well, next time you see him, tell him from me he is on a f—g good hiding." Williams turned to me and said, "Take no notice of him, he is up the b—rod." I could not be sure that Williams had heard Truscott's threat.
Cross-examined. I did not know Truscott and Williams; had never seen them before. I know the two prisoners by sight, I have known Osborne for years. Nobody came and asked me about this conversation. I told Osborne about it. That was after I had heard there had been a row; I could not tell you how long.
HENRY GEORGE NORTH , greengrocer. On October 21 last I remember being in Wood Street, when two men came along, whom I know now to be Truscott and Williams. The last witness was outside a shop which is in front of my stables. Truscott came across the road and asked the young fellow if he had seen Mr. George Osborne. Wyatt said he had seen him go by on his bicycle. (Witness corroborated Wyatt as to the conversation, except that he spoke to the word "pole" instead of "rod.")
Cross-examined. Truscott and Williams were complete strangers to me. One could hardly forget remembering what they said. It was months after when I saw them again. It was about a month afterwards that I heard of the affair from Osborne, who is a complete stranger to me. He asked me about some conversation I had had to the corn chandler's.
RICHARD BROWN , Meadow Lodge, Forest Road, Walthamstow, dentist's assistant. I have never been a qualified medical man. My last medical appointment was as assistant to the divisional surgeon, D Division. On October 21, about four or half-past, Mr. Truscott came into my house and said that he had a friend outside and he would introduce him. He brought him in and introduced him as the champion boxer pugilist. I asked him what was on the board. He said, "We are going up to a man of the name of Osborne, a bookmaker," and the latter owed him £9 or £9 10s., that he had got to pay or be f—g well paid." I said, "Be careful what you are doing." Truscott then asked me to lend him 2s., which I would not do. Then Williams made a threat against this Osborne, using obscene language.
Then my son came in and Williams squared up to him—not seriously. He said he would show my son how to hit below the belt, alluding to hitting Osborne. He then used more threats and filthy language. I heard Truscott ask my son to go with them, but he did not go.
Cross-examined. I have been, in the neighbourhood for 11 years. I have known Truscott for some time, but had not seen Williams before. I was not friendly with Truscott. The first time I spoke to him was in Brixton Prison. I do not with to speak to him again. I have not said before to-day that I told Truscott to be careful when he made his threat; there was no occasion to, and you do not always think of everything at a time. I swear that Williams said he was going to hit Osborne below the belt.
Cross-examined. I have been a barman. I now go out to market places and sell articles. My dad works in the markets, lectures, and sells pills. I had known Truscott for three or four months. I am sure Williams asked me to go with him. I am not a fighting fellow.
CHARLES BUMSTEAD , 112, Wood Street, barman at the "Duke's Head," Wood Street. On October 21, between four and five in the afternoon, I was in the billiard room of the "Swan," Wood Street. Timms and the marker were also there. Williams and Truscott then entered the room. I had seen Truscott once or twice before. They played billiards, and then we went into the saloon bar and had a drink. Williams told us about a betting transaction with a man named Osborne, and that he was down there for money or blood. He then used threats and filthy expressions.
Cross-examined. I should be surprised if Williams denied using the words I have spoken of. This was the first time I had seen Williams. I think both Williams and Truscott were sober.
EDWARD TIMMS , Wood Street, Walthamstow, builder and decorator, corroborated the last witness as to seeing Williams and Truscott in the "Swan," and as to Williams making use of the threats and other expressions.
Cross-examined. This was the first time I had seen Williams and Truscott. The next time I saw them was at Stratford Police Court.
To the Judge. We were in the saloon bar with Williams and Truscott, for a few minutes. Williams was talking generally to any-one who might listen. There were several people around.
ERNEST JONES , barman at the "Plough," Wood Street. I recognise Williams in Court. I remember him and Truscott coming into the "Plough" on October 21, at about eight o'clock. Williams took a soda-water bottle out of the stand on the counter. He walked towards the door and said, "Come on, I will smash their f—g brains out with this. I will give them do me of my money." He then went out with Truscott. I made a communication next morning of the words I had heard.
Cross-examined. I had never seen the two men before. Williams did not say anything about taking the bottle to show his sister. He
paid for it eventually. (To the Judge.) The bottle was full of soda-water. I did not see it again.
(Thursday, March 12.)
WALTER CLARKE , wheelwright, Walthamstow. On October 21 I was in my house at 2, Peel Road, South Woodford, when I heard cries of help from next door, Osborne's house. I listened and heard them again. I live upstairs. I went downstairs and saw Mr. Winner, who is living on the ground floor. I do not think he is here to-day. Winner had got the street door open. We went to Osborne's front door and knocked, and after a time we heard someone say, "Here is the police." Then the door was unbolted and opened, and I saw Greedus, Williams, and Truscott inside. Greedus had a piece of chain, and said, "They have taken the governor's chain "or" the governor's watch." They all came out together, and walked as far as the front of the gate, where I left them. I then came indoors and put on my coat. My wife meanwhile had started to go for a policeman, and I went after her and told her to come back. Afterwards I stood inside my front gate and saw a crowd swaying backwards and forwards. It looked like a fight. I should say there were 200 or 300 people there.
Cross-examined. I did not see anybody fighting. The crowd was so great I could not possibly see anything. I described it before the magistrate as a general fight, but I saw no blows struck. I kept some little distance off. I heard the bolt of Osborne's door drawn. It was not the click of the catch, which would be sharper and quicker. I did not see any blows struck in the house.
CHARLES THOMAS SKELTON , decorator, 1, Oak Terrace, Grove Road, Woodford. On October 21 I was repairing a boiler in Peel Road, two doors away from Mr. Osborne's house, at about eight o'clock in the evening. Hearing a row I went outside. I saw Mr. Truscott and Mr. Greedus arguing. Greedus said to Truscott, "I do not know what you come here causing this trouble for, this disturbance. I am surprised at you." Then I saw a short, stout man, whom I now know as Williams, rush at Greedus and say, "I will show you what he f—g well wants," and kick him between the legs. Greedus called out, "Look at what he has done," and he was doubled up with pain. When Williams rushed at Greedus he called out to him, "Yes, you black bastard, I will kick your"—using a filthy expression. Williams made another rush to kick him, but Greedus struck him full in the face before he reached him and knocked him flat to the ground. All this happened in the road opposite Osborne's house. Truscott also attempted to kick Greedus, but the latter knocked him down. Williams and Truscott got up and rushed at Greedus, and Greedus called to Osborne to come to his assistance. Osborne was then at his gate. I had known him by sight before this. I did not know Greedus nor any of the other men. Next day I went before the magistrate of my own accord and made a statement.
Cross-examined. I saw both Williams and Truscott on the ground. When they were on the ground there was nothing done to them that I
saw. I did not see them kicked while they were on the ground. I was close to them. I saw Williams and Trustcott both kicking at Osborne; in fact, they did not attempt to defend themselves with their hands. I did not see Williams kicked in the private parts and seriously injured; nothing of that kind. I did not see either Osborne or Greedus do any kicking. If Williams was kicked in the private parts and nearly killed I cannot suggest to the jury how it was done. What I saw was a general fight. I did not stop till the end, but went away and finished my work. I saw blood on Truscott's face. I did not see Williams bending down and holding his private parts.
JOHN MADDOX , labourer. I live about 30 yards from Osborne's house. On October 21 I saw some men outside Osborne's gate, and being a bit inquisitive I stopped to see what it was about. I saw Greedus, Truscott, and Williams. I heard Greedus say to Truscott, "I do not see why you want to come and kick up this bother again, as you settled things a few days ago." With that I saw Williams make a running kick at Greedus which caught him between the legs and Greedus made a remark to that effect. Then Williams made another kick at Greedus saying, "Come out of the f—g way. I will show you what he wants." Greedus was doubled up with pain from the kick and did not retaliate the first time. When Williams made the second rawing kick Greedus, being a bit previous; struck him in the face and knocked him to the ground. After that Truscott made towards Greedus, and I thought was going to strike him, but Greedus knocked Truscott down too. The two men got up and there was a fight between the four. I did not see either of the prisoners kick Williams.
Cross-examined. Williams struck Greedus first of all with the boot, and Greedus was doubled up. At the second attempt Greedus knocked him down, and though Greedus was doubled up he was able to knock Williams to the ground. I did not see either Williams or Truscott kicked. I stayed till the affair was over, and if Williams had been kicked I have no doubt I should have seen it. I cannot account for Williams having been kicked in the "privates." I have heard that he has been laid up in hospital for two months, but cannot account for it. I saw Truscott's face covered with blood.
GEORGE OSBORNE (prisoner on oath). I have lived at 3, Elm Villas, Peel Road, South Woodford, for about three years. With the exception of a fine for betting, no charge has ever been made against me. I was a bookmaker at the time, but have done nothing since this case has been on. It is the custom of bookmakers not to pay bets if the time of the postmark is after the race has been run. The day after this particular race Truscott came to my house and I told him I could not accept his bet as it was too late. I returned the whole of his money to him, including some I should have retained for myself if the bet had held valid. I returned him his £6, which he had sent me in postal orders. If his letter had been earlier he would have had in all £9 10s. to receive. I did not entertain any of his bets that day, or I could have retained £3 that he would have lost on Flower of the Veldt. I parted with him on perfectly friendly terms. I told him, I think it was on Friday morning (October 18), that if he could bring
any postman to prove to me that the letter was posted in time I would pay him, in spite of the postmark being too late, but he brought no proof, and I saw no more of him until the following Monday night (October 21). On that night I was having tea in my house, and at about 7.45 a knock came at the door. I went to the door in response and there saw a man I now know as Williams. I had never seen him before in my life. He said, "Is your name Mr. Osborne?" I said, "Yes, and what is your business?" He said, "I have come about some money," and at the same time rushed into the hall, and Truscott rushing in behind him, closed the door and bolted it, saying in a loud voice, "It is me. Are you going to pay me that £9 10s.?" I said, "No, I am not going to pay you what you are not entitled to." He said, "If you do not pay, we will strip you and the place too." He then caught hold of my throat with one hand and pulled my watch and chain from my waistcoat with the other. The chain broke and he put the watch and part of the chain in his right-hand jacket pocket, saying, "That is something to go on with." While Williams was doing this Truscott was holding my right hand and trying to get his hand in my right-hand trousers pocket. I called out to Greedus, who was in the kitchen, and he came up the passage and pulled Williams away and I wrenched myself clear from Truscott. Greedus said, "You must not do that. That is robbery with violence." I went through the back parlour and cried out "police" and "Help" as loud as I could. I got through, the back parlour window, leaving in the house the other three men, climbed the fence separating next door and my house, and went through the passage of the next house into the roadway. I made use of no filthy or objectionable language towards Truscott or the other man. There were five or six of my little children on the stairs screaming, so I should not make any remarks in that way. As I got on to the footpath through the next door house I saw Williams and one or two more men coming out of my gateway. I passed them and went and stood inside my gate. Greedus and Truscott then began arguing. Greedus said, "I do not know why you want to come up here kicking up this disturbance." Truscott said, "Then why don't you pay?" Greedus replied, "That is nothing to do with me." Williams at that time pulled Truscott on one side and said, "Come out of the way, I will show you what he wants," and made a kick at Greedus. Greedus said, "Look what he has done. He has kicked me between the legs." Greedus dodged as Williams went to make a kick at him and Williams caught him in the stomach. Williams made a second kick at Greedus (using a nasty expression) Greedus, stepping on one side avoided the kick, hit Williams in the face with his fist and knocked him to the ground. Truscott then rushed at Greedus and attempted to kick him and Greedus knocked him also to the ground. They both got up off the ground to go for Greedus, and Greedus called to me, "Come on, George, look after the little man" (Williams). I went to pull Williams away, when he turned round and sparred at me. I hit him twice in the face, but he did not fall down. After that he said, "I have had enough," and I
said, "Be off then." He went away and I went indoors. I complained the same night to the police of the loss of my watch and chain. Greedus handed them to me after the fight was over. I do not know where he found them.
Cross-examined. The door was not only shut, but bolted. I saw Truscott bolt it myself. As to his swearing that he did not take the watch and chain, there is not an atom of truth in his evidence as he has given it. I did not tell Truscott that he was a swindler and a thief. I never use bad language in my house. I am not pious, but I have nine little children, and that is the reason. The bad language I have deposed to was used by Williams and Truscott. I did not know Williams before this. When Williams found there was a dispute between me and Truscott about money he did not try to settle it. Williams did not ask me to arbitrate. Williams and Truscott were both in an excited and intoxicated condition. They both attempted to kick Greedus. I did not knock Williams down. I am not a pugilist; I never had a fight in my life. I did not hear Williams say, "For God's sake leave off, you will kill me." I saw Greedus knock him down, but I did not see anything done to him while he was on the ground—no kicking. Greedus waited until they got up, and then they both went for him. I cannot explain how Williams came to be so seriously injured. I know that Truscott has sworn that I kicked Williams, and that Greedus kicked him also when he was on the ground, but it is absolutely untrue, a tissue of lies from first to last.
To the Judge. Greedus came to be at my house because he had been mending a puncture in the back wheel of my cycle. He had been there since six o'clock, and was taking tea with me.
CHARLES GREEDUS (prisoner on oath), painter and decorator, 251, Brecon Road, Walthamstow. On October 21 I was sitting in the kitchen taking tea with Mr. and Mrs. Osborne. I had been repairing the back wheel of his cycle, and had put five new spokes in it and mended a puncture. In, response to a knock Mr. Osborne went to the door, closing the kitchen door after him. I could hear a mumbling and a little scuffling going on, but I could not distinguish what it was. That went on for about 10 minutes, and then Osborne called out, "Greedus, Greedus, come at once." I opened the kitchen door and walked up the passage, where I saw Osborne, Williams and Truscott. Truscott had his left hand towards Osborne's throat and had just taken his watch and chain from his pocket with the right hand. Williams had got hold of Osborne's right arm and was trying to get his hand into his trouser's pocket to get his money. When I saw Truscott put the watch in his pocket I said, "That is robbery with violence. You must not do that." I picked up a little piece of the chain which was on the ground, and kept it in my possession. As they persisted in striking Osborne I pulled Williams away. Osborne got away into the back parlour, Williams following him, and I did not see Osborne any more until I got into the garden path. As Osborne got into the back parlour he shouted "Police" and "Help" at the top of his voice. I was left in the hall. Truscott had me by
the collar, and Williams coming out of the parlour assisted in assaulting me. I could not get out of the front door as it was bolted, so I got on the stairs, as I knew I could keep them at bay there until assistance came. Truscott kept rushing up the stairs trying to pull me down by the leg. While I was on the stairs several loud knocks came to the front door, and I said to Truscott and Williams, "Now, here is the police, and you will be given into charge." They then stood still and gave me the chance to open the door. I unbolted the door, pushed the latch back, and stepped out, when I saw Mr. Winner and Mr. Clarke and two next-door neighbours. I believe Mr. Clarke's wife was there, but I did not know her. I said to them, "They have taken Mr. Osborne's watch and chain. There is a bit of the chain," and I held it up. As I walked out I saw Osborne standing in front of the gate. I asked Mrs. Clarke to go for the police. She said a young man had gone, but she would go herself. As I came back to go into Mr. Osborne's gate, Truscott and Williams standing on the pathway, stopped me. Truscott said to me, "Are you going to pay the money?" I said, "It is nothing to do with me; it is not my affair at all." I said, "I am surprised at your coming and kicking up this disturbance," as this affair had been settled a few days ago. Then Williams said, "Look out of the way. I will show you what he f—g well wants." He kicked at me and I stepped out of the way to avoid the kick. I did not Wholly avoid it. It was intended for my testicles, but it caught me higher up in the stomach, about four inches away. I stood doubled up for a couple of minutes, and called out, "I have been kicked." Williams and Truscott were standing facing me and Williams said, "Yes, you black bastard—" (using an indecent expression), and came a second time to kick me. seeing him coming I moved on one side and his foot passed by, and before he could recover I struck him with the right hand in the face and knocked him to the ground. While I was waiting for Williams to get up Truscott rushed at me and tried to kick me. I missed that, but he caught me a blow on the left side of the neck with his fist. Then I struck him with the right hand in the face and felled him to the ground. I waited for them both to get up and they both rushed at me. I called to Osborne for assistance, as I could not manage the two, and he pulled Williams away by the shoulders. I never raised my foot either to Williams or Trusoott. I complained that I had been kicked in the stomach the same night to Inspector Ellis, who took us in charge. The police were sent for and took us from Mr. Osborne's house.
Cross-examined. I did not look for marks of violence that night, but I did next morning, and found a red mark on the stomach. When on the stairs I did not kick at Williams or Truscott. I got on the stairs to keep them at bay, and Truscott tried to pull me down by the legs. When the fight was all over, and I was going to Osborne's house, the gas jet inside the door threw a light on the patch of laurels opposite, and under them I saw the chain and watch with the dial upwards. I said to Osborne, "Here is your watch and chain; they must have thrown it away." Both Williams and Truscott
attempted to kick me, and I retaliated with my fist. It is entirely false that I attempted to kick them. The only time I saw Williams on the ground was when I knocked him there. I saw neither Osborne nor anybody else kick Williams. The only thing I can suggest is that Truscott, who was doing such a lot of kicking, kicked Williams instead of me. When Williams and Truscott went away I noticed that there was blood on Truscott's face.
Inspector ELLIS, recalled, said that when Truscott came to the police station to complain of the assault he was badly knocked about, and when witness told prisoners he should arrest them, Osborne said it was Truscott who ought to be charged with robbery and violence, and he produced his watch and the broken chain.
Verdict, Guilty of inflicting grievous bodily harm with intent to disable prosecutor.
(Friday, March 13.)
Prisoners were bound over on their own recognisances to come up for sentence next Session; meanwhile they had undertaken to pay prosecutor £25 as a solatium.
BEFORE JUDGE LUMLEY SMITH.
(Friday, March 13.)
LETCH, Charles (26, labourer), and SQUIRES, Henry (25, labourer) ; both breaking and entering the shop of John Sears and others, and stealing therein one pair of boots and one pair of lasts, the goods of the said John Sears and others.
Mr. Daniel Warde prosecuted.
Police-constable JOSEPH PAUL, 432 K. On February 3 I was on duty in Stratford Broadway at 11 p.m., when I saw both prisoners going in the direction of High Street.
Cross-examined by Letch: My beat was from 10 p.m. to 6 a.m. The Broadway is generally crowded at night time. I always take particular notice whenever I see you.
Cross-examined by Squires. I know what you are, so I always keep my eyes open. I saw you come from the Theatre Royal on the night in question, at quarter to 11. You went across to the "Lion" public-house in Angel Lane, where you were met by the other prisoner; then you both proceeded towards High Street. It takes about quarter of an hour to walk from the "Carpenters' Arms" to the "Angel."
Re-examined. I know the two men quite well.
AUGUSTUS LANCASTER , 40, Willow Road, Stratford, blacksmith. On February 3, at 11.25 p.m., I was outside Sear's shop, about 20 yards away on the opposite side, when I saw the two prisoners. Then I heard a smashing of glass, which seemed to be on the other side of the road opposite me; that would be Sears's shop. I did not see
Letch's face, but I saw Squires'. I did not know either of them before. After the smashing I saw Squires come out of the doorway and look up and down the street. Then I turned on my heel and gave information to the police. As I was going off I turned round and saw prisoners run round the corner of Martin Street, and Letch had something under his arm. I went to the police station on the next day and picked out Squires without difficulty from about 14 men. Letch was not there.
Cross-examined by Letch. I know there is a coffee stall outside Sears's shop. There was nobody there when I came up. You were under my observation for a minute or two. I am certain I should have picked you out if you had been put up like the other man.
Cross-examined by Squires. I gave the police information as to what sort of a fellow you were, and about the swelling on your shoulder. If I saw your face once I should know it again. There is a big arc lamp just where I saw you.
To the Judge. There were not many people about.
FREDERICK PRATT , 91, Gwendoline Avenue, Upton Park, tram car driver. On February 3 I was driving a tram along High Street, Stratford, at about 11.25 p.m., when near Sears's shop I heard a smashing of glass. I at once stopped the car and got out. I then saw Letch standing about five yards from the window, with both hands in his trousers pockets. Squires came from the window and wrapped something up in a handkerchief. I followed them some way down Martin Street. On my way to the car shed I stopped at the police station and gave my name and address. Letch was already arrested. I identified Squires next morning at the station from about 12 or 15 men.
Cross-examined by Letch. The Broadway is not deserted at 11 at night. I left the car outside the police station, and was inside for about five minutes. The sergeant did not say when I went in, "It is ail right, we have got one of them." I told the police that the other man (Squires) was a taller man than you.
Cross-examined by Squires. I said that you were a tall man and had a checked jacket on, with a muffler round your neck. I was about 12 or 15 yards away from you when I saw you at this shop.
Re-examined. I have no doubt that Squires is one of the men I saw.
Police-constable CARL BREWER, 213 K. On the night in question I was in High Street, Stratford, at 11.30, when I received information from a man named Lancaster, and went to Frederick Street, which turns off Martin Street, where I saw Letch running. He had something under his left arm. I followed him as far as the Town Hall where I lost sight of him. I then met Police-constable Driver, and we both boarded a motor-bus going down West Ham Lane. Soon afterwards we saw Letch and jumped off. Driver said to him, "What have you got under your coat?" Letch said, "Nothing; what do you think?" I then put my hand under his right arm and found these boots (produced) with the lasts in them. Driver said, "How do you account for these?" Prisoner said, "A man gave them to me." We
then took him to the station, and later I went back and saw the window, which was broken.
Cross-examined by Letch. I should think I was about 100 yards away when I first saw you. I was at one end of Frederick Street and you the other. We got off the bus near Langthorn Street.
To Squires. I did not see you on that night.
Police-constable DANIEL DRIVER, 322 K. On February 3 at night I was on duty at the police station when I got information that a shop had been broken into in the Broadway, to where I went, and when against the Town Hall Letch passed me. I then saw Brewer, and we boarded a motor-bus going down West Ham Lane. We overtook Letch and got off the bus. (Witness corroborated Brewer as to what followed.) When the prosecutor came to the station he identified the boots found on Letch. When I told prisoner what he would he charged with he said, "I am entirely innocent of it." When the charge was read over he said, "I can only say what I said before, that I am entirely innocent of it."
Cross-examined by Letch. When I saw you first I saw something like a lace hanging from you; I was not sure. (To the Judge.) Prisoner was walking when I first saw him.
Cross-examined by Squires. I did not see you that night. To the Judge. On February 4 I went with Police-constable Hays, at 1.50 a.m., to 1, West Street, and alter Hays had knocked Squires came down with his trousers on and a jersey. Hays told him to put his clothes on, which he did, and when he came outride Hays said he would take him into custody on suspicion of being concerned in this affair. We took him to the station, where he was picked out next morning. 1, West Street, in where Squires lived.
Re-examined. About two minutes pasted between the knocking at the door and Squires coming down. We did not search the house. The owner of the shop only lost one pair of boots.
JOHN OBBORNE HOLSWORTH , manager to John Sears, boot manufacturer, 378, High Street, Stratford. On February 3 I closed the premises about 9.25, leaving everything safe. I was fetched by the police soon after midnight, and went to the station, where I identified the boots (produced). At the shop I found the window had been smashed. It was plate-glass, about three-eighths of an inch thick; rather a large window. It would require a terrific blow to break it.
Cross-examined by Letch. I found no brick or anything inside the window. (To the Judge.) Nobody had got into the shop. There was a hole large enough to admit a hand. There were not many boots in the window.
Police-constable MICHAEL HAYS, 545 K. On the early morning of february 4 I with on duty in plain clothes, and from information I received went with Police-constable Driver to 1, West Street, Maryland Point, where I saw Squires, and told him I was going to take him into custody on suspicion of being concerned in this affair. He said, "You have made a mistake, old man; I know nothing at all about
it." At the station he was identified by the last witness, and at the police court by Lancaster. It would take four or five minutes to walk from Sears's shop to Squires's house; perhaps a little more. I went to Squires's house at 1.55 a.m. He had his trousers, socks, and a blue guernsey and braces on. We waited about a couple of minutes before he came to the door.
Cross-examined by Squires. I did not tell you that I knocked three times.
ALBERT SQUIRES , dealer and commission agent, brother of prisoner Squires. On February 3 I saw Letch in the "Carpenters' Arms," Stratford, where we stayed till 11, closing time. Prisoner went up Carpenter's Road, I following. I saw him later on speaking to my brother Charlie, as I got on the tram. I did not see him in prisoner Squires's company. I lost sight of him at the top of Carpenter's Road, which is about quarter of an hour or 20 minutes' walk from the Broadway.
Cross-examined. I am not exactly an angel. I have had three years' penal servitude. I did not see any brown boots on ths night in question. When I left Letch he was going along by the trams. I was at home when they came and arrested my brother.
To Squires. When I got off the tram on February 3 I heard the clock strike 11. 15. You were all in bed. I knew that because I nearly trod on you. That was about two minutes after quarter-past 11.
HENRY SQUIRES (prisoner, on oath), 1, West Street, Maryland Point. On the night of the 3rd I went out to the Theatre Royal, Stratford, with my friend, Bill Wincott. We came out at about 10.30, or a little more, and I lost sight of him. I went straight home, arriving about quarter to 11. I met my sister at the door, and I saw my young brother and father, who were just going to bed. I sat in the kitchen, reading a paper till just on 11. Then I went out in the yard and stayed out for about five minutes. When I came back I looked at the street door and saw that my sister had shut it, so I thought she had gone to bed. About 11.25 I went to bed, where I remained till I heard three knocks at the door. I got up, pnt on my trousers and socks and guernsey, and slipped my braces over, then went down and opened the door. I saw the two policemen, who told me what they wanted. I said, "All right, I don't know nothing about this; you have made a mistake." Then I was taken to the station, and charged.
Cross-examined. I know that the tramcar driver and Lancaster picked me out. The theatre is about five minutes' walk from where I live. It had not struck quarter to 11 when I got home. I know Police-constable Paul, but not by name. He could not have seen me at the top of Angel Lane at 11 o'clock, nor could Lancaster and the driver have seen me at 11.30. All the family were at home when I arrived, except the last witness.
WILLIAM WINCOTT , labourer. I was with Squires at the Theatre Royal on February 3, losing sight of him as we came out of the theatre, about 10.30. I did not see Letch that night. I saw Squires again at his door at a quarter to 11.
Cross-examined. Squires's house is about 10 minutes or a quarter of an hour's walk from the shop where the window was smashed. I don't know whether Squires was in High Street at 11.30 that night
JAMES SQUIRES , brother of prisoner Squires, 14 years old. My brother came home on February 3 at a quarter to 11, when my sister was standing at the door. It would be half an hour afterwards when he went to bed. I am sure he did not go out after that. I went to bed first, and heard him come up.
Cross-examined. I happened to look at the clock when my brother came in. I do not always look at the clock when he comes in. I had not been to sleep before my brother came to bed. My brother Albert came in about 11.30. He always locks the door, and I heard him do so. My father, the prisoner, Albert and myself sleep in the same room.
Cross-examined. I was standing at the door from about 10.30. I do not stand there every night at that time. I was talking to a young man. I knew the time that my brother came in near enough. I am sure it was a quarter to 11. My brother went into the kitchen as far as I know. The kitchen is at the end of the passage. I did not see him come out of the kitchen nor again that night. There is a yard leading out of the wash-house. He went to bed about a quarter past 11. I said at the police court, "At 10.45 my brother came in. He went straight to bed at a quarter to 11." He went to bed soon after he came in.
Verdict, both Guilty. Both prisoners confessed to a previous conviction, Letch having served three years' penal servitude.
Detective-sergeant SCRIMSHAW proved five other convictions against Letch. He stated that since prisoner's release he had been employed at West Ham Gas Works, but had been discharged through slackness of work. Against Squires several other convictions were proved with small sentences, and it was stated that on one occasion he had violently assaulted the police.
Sentence: Each, 12 months' hard labour.