Vol. CXLIX.] Part 883.
CENTRAL CRIMINAL COURT
HELD APRIL 28TH, 1908, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writer to the Court.
POINTS OF LAW AND PRACTICE
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
GEO. WALPOLE, 1, NEW COURT, LINCOLN'S INN, W.C.
THE ARGUS PRINTING COMPANY, LIMITED,
CORNER OF TUDOR STREET AND TEMPLE AVENUE,
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, April 28th, 1908, and following days.
Before the Right Hon. Sir JOHN CHARLES BELL , Knight, Alderman, LORD MAYOR of the City of London; the Hon. Sir ALFRED TRISTRAM LAWRENCE , Knight, one of the Justices of His Majesty's High Court; Sir HENRY KNIGHT , Sir G.F. FAUDEL-PHILLIPS , Bart., G.C.I.E., Sir J.T. RITCHIE , Bart., Sir THOMAS B. CROSBY, F.P. ALLISTON , Esq., and F. HOWSE , Esq.; Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; Sir FREDERICK ALBERT BOSANQUET , K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH , K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
BELL, MAYOR. SEVENTH SESSION.
CRIMINAL APPEAL ACT, 1907.
This was the first Session of the Central Criminal Court held under the above-named Act, which came into operation after April 18th.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, April 28.)
MARSHALL, Edward Metham (38, journalist), who pleaded guilty at the previous Sessions of forging and uttering an order for the payment of £15 upon the account of his uncle, Canon Marshall, of Black-heath, was bound over in his own recognisances in the sum of £100 and ordered to find one surety of equal amount to the satisfaction of the police.
Mr. Curtis Bennett reminded the Court that a vulcaniser costing £9 was mentioned at the hearing and that vulcaniser, on the verdict of the Jury, was, of course, the property of the prosecutors, Mr. Macdonald and Mr. Mackenzie. Prisoner's landlord, however, refused to give it up on the ground that some rent was owing, but if his Lordship expressed the opinion that it should be given up it would no doubt be given up, that being all that was left to these two gentlemen out of nearly £100 they had advanced.
The Recorder said he could make no order binding on the landlord, who, if he had a lien, would no doubt exercise it.
PRICE, Victor Herbert (18, engineer), and HUME, Walter Frank (22, engineer), who pleaded guilty at the previous Sessions of warehouse-breaking, were bound over in the sum of £25 each to come up for judgment if called upon.
WARDEN, Henry (36, carpenter), pleaded guilty of stealing two rolls of silk, the goods of Messrs. Rowland and Todd, of 52, Cheap-side. There being several previous convictions against him, he was sentenced to 18 months' hard labour.
Prosecutor is the licensee of a public-house in Bermondsey, and the injuries were inflicted after an altercation concerning some evidence that he had given on the prosecution of a man who was sentenced at this Court to six years' penal servitude. Prisoner has been convicted of various acts of dishonesty, but never of violence, and was described by the police as belonging to a dangerous gang of racecourse thieves.
Sentence, 18 months' hard labour.
MUNNS, William Henry (formerly a patent agent), having been entrusted with certain property—to wit, with the several sums of £4, £4, and £4, for certain purposes, did fraudulently convert the same to his own use and benefit.
Mr. Curtis Bennett prosecuted; Mr. McGuire defended.
FREDERICK NATHAXRL DAVIDSON , optician, 29, Great Portland Street. I first met prisoner in the early summer of 1906. He was introduced to me as a patent agent, and in June, 1906, I instructed him to apply for a patent for England, France, and America, but only the English patent was carried through. In October, 1906, I instructed him to prepare the necessary papers for obtaining a patent for a surgical lamp illuminator, and on November 6 I paid him eight guineas by cheque, for which he gave me the receipt produced. For that money he was to file the application and pay the stamps for a complete specification. Before I paid the cheque the documents were all prepared and passed by me. The eight guineas included £4 for stamps, the balance being for services rendered. In December I instructed him to prepare papers for patenting another instrument, and on December 14 he called upon me with the specifications and drawings. I paid him seven guineas, £4 being again for stamps, and he gave me the receipt produced, and he told me I should bear from the patent office in due course. In January I instructed him to prepare further papers, and on the 31st he brought me the specifications and drawings, which I signed. I then paid him seven guineas, including £4 for stamps, and he gave me a receipt. I remarked that I supposed the other things were going through all right, and he said as before, "Yes, you will hear in due course." I have, in fact, never A received any communication about those patents. After having attempted to get into communication with prisoner, I instructed my solicitor, Mr. W.B. Glasier, to write to prisoner, and on February 17 I found prisoner at his office and said to him, "Good morning, Mr. Munns, I have come to see you about certain moneys I have paid you on various occasions for patenting various articles. It does not appear to me that any applications at all have been filed. What is the meaning of it?" He simply shrugged his shoulders and said,
"I have nothing to say," and I could not get anything more out of him. I charged him with misappropriating the money for the stamps. He said, "I cannot help what construction you put on it. I have nothing to say." He said nothing at the time about not having had the papers. Upon that I gave instructions that a summons should be applied for.
Cross-examined. A warrant was applied for and the magistrate granted a summons. I have been engaged in patenting inventions for 12 or 13 years and have sometimes acted without an agent and know the routine and procedure of the Patent Office very well. I ceased to employ the agent I employed before going to prisoner because I had a fault to find with him. Prisoner called on me with the drawing and specifications several times—I should think three times would be about the limit. If he did not see me he would see my assistant, Mr. Dawkins, the electrician. I have never asked prisoner for the return of the money. As to whether he has ever denied having had it, I never could get any information from him at all. He simply shrugged his shoulders and said, "I have nothing to say." He neither admitted nor denied anything. I was introduced to prisoner by a draughtsman I had employed for some years.
HENRY HAVELOCK JACKSON , an official.from the Patent Office, produced the file for the years 1906, 1907, and 1908 in the name of Davidson, and stated that there was no filing of drawings or specifications for the "surgical lamp illuminator," or for a "combined illuminator and retinoscope," or for a "bed rest." At the police court he heard prisoner admit that he had not filed them.
GEORGE FREDERICK LEWIS , managing clerk to Mr. W.B. Glasier, solicitor, produced a copy of a letter to prisoner on February 5, on the instructions of Mr. Davidson, calling his attention to the fact that on three separate occasions he had received money from Mr. Davidson for the purpose of filing specifications at the Patent Office, and stating that proceedings would be taken if the money was not accounted for at once. No reply was received to that letter, which prisoner admitted at the police court having received.
Detective-sergeant THOMAS KING . On March 6 I served prisoner with a summons. In answer he said, "How much damages do you think I can get out of this?" I said to ham, "I do not know what you mean. There are evidently three clear cases of misappropriating money entrusted to you." He said, "What for?" I replied, "For patenting three articles for Mr. Davidson." He said, "How could I when he had papers?"
WILLIAM HENRY MUNNS (prisoner, on oath). I was educated at various schools and graduated at the University of London in science and in arts. After leaving the University I was an assistant teacher for some years and then became headmaster of the school which is now the Denbighshire County School, where I remained for seven years. I have been acting as agent for patents since 1885, and have
been connected with the putting through of a great many important inventions and also a large number of claims. With some of my clients I have had a running account. I have always had a good character.
Mr. McGuire said he proposed to raise an issue with regard to a United States patent which prisoner had not been paid for, and in chronological order it would come before the transactions which are the subject of this charge.
The Recorder said the Court could not go into that matter. This was not a County Court and there was no counterclaim. If prisoner was entrusted with £4 in each of these cases for the purpose of paying the stamps on these specifications he would not be justified in putting the money into his pocket because prosecutor owed him money for something else.
Examination continued. I went to see Mr. Davidson about some surgical invention—I forget now what it was—and he said he wished to take out English and American patents. We agreed that it was inadvisable to take out the American patent. I saw him two or three times about the invention, prepared all the papers, and arranged for the necessary interviews with the notary and consul for the American patent. Then Mr. Davidson said he had altered his mind and would not take out the American patent, but would go on with the English one. I was surprised that Mr. Davidson did not offer to pay me for my considerable trouble over the American patent, but I made no charge. At soon as possible, I got the money for the English patent, so that he should not after his mind over that. After I had got his signature to the specification, he kept the papers, as I thought, for complete revision. I deny having ever received the signed specification. When I got the money was the last time I saw them. I have always been prepared if the papers had been furnished to me to file them. With regard to the transaction on December 14, Mr. Davidson requested me to call upon him. I went down into the basement, where I saw Mr. Davidson and Mr. Dawkins, his assistant. Mr. Davidson told me that Mr. Dawkins would explain the invention to me. It was an intricate invention, and I had to go many times about that, as I preferred to have personal interviews rather than to write. Upon this invention I always saw Dawkins. Mr. Davidson took very little interest in it. On December 17 I received from him seven guineas, £4 of which was for stamps. I did not lodge the specification. When, as before, I took up the specification, one copy carefully prepared and the other in blank, with Mr. Davidson's knowledge and, in fact, advice, I left them with Mr. Dawkins. I afterwards remarked to Mr. Dawkins, "You are not going on with the matter, or, rather, those matters?" I kept the £4. With regard to the transaction of January 31, Mr. Davidson took great interest in this invention, but Mr. Dawkins objected to the drawings. Mr. Davidson signed the specification, and it was left with him for final revision. He gave me seven guineas, including £4 for stamps, but did not give me the papers, and that is the reason why I have not lodged them. I still
have the £12. I have never been asked by prosecutor for the return of the £12. I never represented myself to him as a patent agent. I call myself an "agent for patents," or a "patent expert," or simply "agent," but "patent agent" I must not call myself; that is a title, and on my billheads you will not see "patent agent" at all.
The Recorder pointed out to prisoner that he was not charged with obtaining this money by false representations.
Examination continued. What prosecutor says as to the interview at which he asked me for an explanation is true except as to the shrugging of the shoulders. I have always been willing to pay. I did not reply to Mr. Davidson because I had replied already, both verbally and by letter. I once was a patent agent. I regarded both the letter from Mr. Davidson's lawyer and also Mr. Davidson's visit as a bit of impertinence in coming to ask me for information. He was the only one that could know about it. All communications from the Patent Office went straight to Mr. Davidson. None came to me. He knew all this time that nothing had been done at the Patent Office.
Cross-examined. I never told Mr. Davidson I had not paid over the money; he knew. If it had been paid he would have had notification from the Patent Office. I did not ask Mr. Davidson for the papers; I spoke to Mr. Dawkins about them. I did not write either to Mr. Davidson or Mr. Dawkins asking for the papers in either case. I never offered him the money back. I have always been prepared to pay it. I paid the money into my banking account, which I then had at the Birkbeck Bank. I have been connected with patents since 1885 and was a registered patent agent. I was struck off the list of registered patent agents by the Board of Trade on February 15, 1901, or about that time, for "disgraceful and unprofessional conduct"—that is how the phrase went. Before that time I was connected with a firm called the British and Continental Patent Agents, Limited; they carried on business in Southampton Buildings and used to come to me in difficult cases. I wrote to the Board of Trade to ask why I had been struck off. I deny that it was because I had been receiving postal orders for patents from America and did nothing as to taking out patents and that eventually the Postmaster-General stopped all registered letters addressed to me at Southampton Buildings. I have not been a registered patent agent since February 15, 1901, and it would be wrong to describe myself as such. If on April 3, 1907, I described myself as a patent agent that would be untrue. The letter produced purporting to come from the firm of Munns and Co., patent agents, saying that I am the manager and describing me as a registered patent agent, is a false description. It is evidently an old sheet and must have got in with my other sheets. It escaped my notice, and I am surprised to see it. I was certainly not then describing myself as a registered patent agent; this is quite a slip. (The letter was handed to the Jury.) The words "registered patent agent" are left out in my billheads. On February 5 on 6 I received a letter from Mr. Glasier, the solicitor, asking for an explanation of why I
had not paid these sums to the Patent Office. I did not answer the letter. I received a similar letter from Mr. Davidson. I did not reply and say there had been a mistake, because I thought he was treating me impertinently. On February 17, or about that time, Mr. Davidson came and saw me himself. He asked me for explanations, and I told him I would not say anything. I have not said to anybody connected with the prosecutor before the arrest that I have not had the papers.
WALLACE MCGUFFIN GREAVES , formerly auditor of the Manchester Corporation, and JAMES WILLIAM MARTIN , for two years chairman of the Clacton-on-Sea Council, and a justice of the peace, gave evidence as to character. Both said they knew that prisoner had been struck off the list of registered patent agents, but attached no importance to the fact.
Verdict, Guilty. Sentence, Three months in the second division.
BEFORE THE COMMON SERJEANT.
(Tuesday, April 28.)
Mr. W.H. Sands prosecuted; Mr. Raven defended.
Detective WILLIAM FAWKES , J Division. On February 22, at about 3.10 p.m., I was on duty in Boleyn Road, Kingsland, and saw the prisoner. I said, "Have you anything on you that you ought not to have?" He said, "No." I said, "Are you sure?" He said, "Yes." I said, "I am going to search you," which I did. I found in his right-hand jacket pocket these 15 counterfeit florins wrapped in this paper (produced). Prisoner then said, "I know who put me away; it is the man I brought them for." I said, "Who is that?" He said, "You know." I said, "How did you come by this bad money?" He said, "You find out." He was then taken to the station by Detective Booth. I went to his lodgings, 9, Leonard Place, Stoke Newington. (To the Judge.)He did not give any address; I knew where he lived. (To Mr. Sands.)I found in a cupboard in the front room on the ground floor under some coals some silver sand, some plaster of Paris, and on the top of the cupboard some alum; in the front room on the first floor I found some Parian cement, which is something like plaster of Paris, some spelter, a piece of a spoon covered with plaster of Paris, a piece of rough metal like white metal, and a tin containing melted metal. I conveyed these things to the Dalston Police Station, showed them to the prisoner and told him I had found them at his lodgings. He said, "That is not plaster of Paris," referring to the cement. The charge was read over but he made no reply.
Cross-examined. I could not say if the things found would be used by a builder in his trade; it may be that some would be. I believe prisoner is a decorator or painter. Four years ago he was convicted of house breaking; his father has told me that since then prisoner was in his employ as a builder and decorator; his father is a builder in a very small way and I believe prisoner has worked for him. I have known prisoner for some years and understand him to be a painter. He would use plaster in his trade and might use metal. I arrested him in the street on information. I know Walters. I refuse to answer whether I got information from Walters. Prisoner did not mention the name of Walters to me. The first time I heard the name of Walters mentioned was when prisoner mentioned it to the magistrate. I did not take Walters to the police court; he was not there to my knowledge. I know Mr. Robinson, the assistant clerk at the police court. I did not ask Robinson to allow Walters's expenses as a witness. The magistrate, Mr. Fordham, in consequence of a statement made by the prisoner when committed, said, "I will direct the police to see Walters and direct him to attend the court as you want him as a witness." I asked Mr. Robinson how it was to be done—should we subpoena Walters, and would he be allowed his expenses if he attended. The prisoner said, "Cannot I have Walters arrested?" Mr. Fordham said, "I do not think so; I do hot think it would assist you much if he was. I cannot direct it." I do not know the boy Lee. I was told that Walters went to prisoner's house. I was with other officers when I arrested prisoner; he did not ask to be taken round the corner, nor say that he would show me the man from whom he had taken the coins, nor mention Walters to me at all. I have known Walters for some years. The packet of coins was not opened. The plaster of Paris and silver and were underneath the coals. I could not say whether they were concealed intentionally.
Re-examined. Prisoner was convicted four years ago for house breaking and shop breaking; two cases. Prisoner's father lives three quarters of a mile from prisoner. I have never known prisoner as an independent workman. I do not think that the spoon or metal would be used by a builder. Walters is in attendance here, also his wife.
Detective BERTRAM BOOTH , J Division. On February 22, at 3.10 p.m., I was with Fawkes in Boleyn Road when he stopped the prisoner. (Witness corroborated Fawkes as to what happened.) I took prisoner to the station. He never mentioned the name of any man. West Hackney Churchyard is about a mile from Boleyn Road.
Cross-examined. I first heard Walters's name mentioned by the prisoner at the police court when Mr. Fordham asked if he had any witnesses to be called, whereupon prisoner said he wished Walters to be called to give evidence. Walters was not at the police court to my knowledge. I did not know him until I saw him here last Sessions. The magistrate directed the police to request Walters to attend. I did not put Walters's name on the sheet for the payment of his expenses at the police court. I believe Fawkes made an inquiry whether he would be allowed his expenses.
Cross-examined. Prisoner lived at 9, Leonard Place four years; his mother-in-law lived there. I knew him as a decorator in the building line. I know the boy Lee. On the day of prisoner's arrest I saw Lee go to No. 9 at about dinner time.
WILLIAM JOHN WEBSTER , inspector of coins, His Majesty's Mint. The 15 florins produced are counterfeit and are all made from the same mould. Silver sand is used for cleansing; the spoon has been used for mixing plaster; plaster of Paris is used for coining, also Parian cement. The alum has no connection with counterfeiting. Spelter is not used. The metal in the tin is the kind used for coining.
Prisoner's statement: I think it would be only fair to me if you order the man to be arrested who sent me to buy these coins; I want him called at my trial.
FREDERICK MILLER (prisoner, on oath). I was arrested as stated, and upon me was found the parcel of coins produced. On the morning of the day I was arrested I was at work with my father and was carting some scaffolding from the job to his house, when I met a man named Arthur Walters, who asked me if I wanted to buy a pair of boxing gloves. I said, "No." He said, "Do you know anybody who does?" I said, "If you will see me after I knock off work between one and two I may be able to find a buyer for you." He said, "All right, I will see you then." After finishing my work I went home, when a little boy named John Lee said there was a man at the top of the street who wanted to see me. I asked him to fetch him, and it was Walters. I said to him, "Where are your gloves, have you got them?" He said, "No, I have sold them." I said, "Well, what do you want now?" He said, "I want you to do me a little favour. Will you pop up as far as West Hackney Church for me?" I said, "Why can't you go yourself? It won't take you above 10 minutes." He said, "Well, to tell you the truth, I owe the man some money and I don't want to see him to-day as I cannot afford to pay him." I then, agreed to go, and asked where I should see him. He said, "If you get up at West Hackney Church at about quarter to three you will see a man standing there at the corner with a light Trilby hat and a light overcoat. You go up to him and ask him if he has got anything for Arthur and he will give you a parcel and you give him this five shillings." He then said he had to go and pay his mother's rent and he would see me at the coffee shop in Boleyn Road. He gave me five shillings to give the man and sixpence to treat myself with. I stopped and finished making up my time-sheet, had a wash, and went to West Hackney Church, and after waiting a little saw the man as described. I said to him, "Hullo, have you got anything for Arthur?" He said, "Who is Arthur?" I said, "Arthur Walters;
don't you know him?" He said, "Where is Arthur?" I said, "I am going to meet him in the coffee shop when I go back." He said, "Did he give you any money for me?" I said, "Yes, five shillings." He said, "Is that all?" I said, "Yes." He said, "Here you are then," and gave me this packet, "Give this to Arthur and tell him I want to see him." I then left him and made my way back to the coffee shop. I got within two shops of the coffee shop when the two detectives pounced out upon me. I did not see where they came from. Fawkes said, "What are you doing for a living now, Miller?" I said, "I am working for the Dad." He said, "Have you got anything in your pocket that you ought not to have? Let us have a look." So I said, "All right." He then searched me in the street and found this parcel of coins in my pocket. I said, "That does not belong to me; I have just been and bought that for the man round the corner; if you like to go round you shall see me hand them over to him." Fawkes said, "What man is it?" I said, "Arthur Walters." Fawkes then went away and Booth took me to the station, searched me, and put me in the cell. Between eight and nine p.m. he fetched me out of the cell again, put these things before me and told me they had found them at my house. He pointed to the Parian cement and said it was plaster. I said it was not, but the other packet might be. I said, "Have you got the man who sent me to buy the coins?" He said, "I have got you." I also asked the sergeant who was taking the charge. He said, "You keep your month shut; you have got enough to go on with." They then put me back in the cell. I use all of the things found on my premises in my business; the metal is for plumbing, for making solder; the alum for making paste for paper-hanging and hardening the colour in the paper; plaster of Paris and Parian cement for repairing walls and ceilings; silver sand is used in the building line, but I had it for my flowers for mixing it with the mould to keep it moist. I have never made or attempted to make counterfeit coin. The spoon I used some time ago for mending a marble clock for my brother, to pour the plaster in. I do not know what the bit of old metal is. My father-in-law used to be a rag sorter and may have brought it home. During the past four years I have been working with my father and have lived at 9, Leonard Place all the time. I am married. I have had no trouble with anybody during that time.
Cross-examined. I was convicted on two charges; that was the first time I was in prison. I have been convicted for being drunk, and I have been to a police court for being on enclosed premises, but I was not found guilty. I was bound over for twelve months. I said nothing to the officers about being put away. They have said a lot that I did not say, and have forgotten to tell what I did say. I did not know what the packet found on me contained. Walters told me they were things for making brooches. I did not say that to the police; it slipped my memory; I was not asked. I told them about Walters and they did not seem to take any notice. I can do pretty well anything in the building line. I had no idea the things found at my house could be used for coining.
Re-examined. When convicted four years ago I was 21 years of age.
ARTHUR WALTERS , 42, Norfolk Road, Islington, labourer. I have known the prisoner, but not for very long. On Friday, February 21, I met prisoner and asked him to buy some boxing gloves. He said he would give me the money the next day if he had it. On Saturday I went to his street and asked a little boy, who showed me the way to his house. He did not have the money to spare and I came away.
Cross-examined. Fawkes told me to come here. I was not at the police court. I have given no information to the police in any of these cases. I was in the Marines and stole a bicycle in order to pay for my discharge. I had two months' hard labour for it. I do not know Nelson or Eli or Elwin, and have not spoken to either of them with regard to this case.
Re-examined. I have a character from the East Surrey Regiment. The matter of the bicycle was six years ago.
Verdict, Guilty. Sentence, Nine months' hard labour.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Wednesday, April 29.)
It appeared that prisoner and prosecutrix had been for some time on terms of intimacy, and a large amount of correspondence had taken place between them of an affectionate nature. Prisoner had been employed by the girl's father, but had left owing to the latter objecting to his intimacy with the girl. It seemed that the prisoner had harboured feelings of jealousy, and on January 27 he visited the "Fish and Ring" public-house, where the Lintons lived, and, with a revolver which he had purchased not long before, shot the prosecutrix and himself, the girl being seriously injured, and not yet properly recovered.
Sentence, Three years' penal servitude.
Mr. Bodkin and Mr. Symmons prosecuted; Mr. Eustace Fulton defended (at the request of the Court).
MARY ANN WAY , aunt of prisoner (address handed in). Deceased was my sister. For some years I have paid to my sister a quarterly sum of £30 10s., which was due to her from some property. She was over 81 when she died. I always paid the money to her in the presence of prisoner, her daughter, with whom she lived, and had done
so for 30 years. About two years ago deceased was very ill. She was living then at Mina Road, Old Kent Road. She suffered from bronchitis, and in April, 1906, when I visited her, though the weather was cold, there was no fire in the room. Deceased was in a very dirty condition. She was in bed when I saw her, and prisoner was there, very much intoxicated. I saw no food in the room. I asked prisoner about a doctor, and she said that she had been to Dr. Speirs. I went to him and brought him to the house. I and another sister at that time went daily to see deceased. I think she recovered at that time. I afterwards went to see her about two or three times in a quarter, and prisoner was always intoxicated on those occasions. As a rule I went at about four o'clock. My sister about this time was able to walk about the room, but I have not seen her go out for 2 1/2 years. She was not looked after at all, and I frequently spoke to prisoner about it. She would usually abuse me or tell me to mind my own business. She told me she would not let me know when her mother was dead; as a matter of fact she did not. On January 13 last I made the last quarterly payment at 16, Hunsden Road. That is where the grandson, Mr. Simpson, lives. My sister then seemed to be very feeble in health, but she was very bright and intelligent, and I told her that I was very glad she was at her grandson's, and hoped she would be comfortable. I saw her again on February 6 at the same house. She was still very feeble and badly clothed. She was not properly attended to nor clean. I told prisoner that she ought to be ashamed of herself for the way she kept her mother, and that she ought to have a doctor, but she really ordered me out of the place, or wished to do so.
Cross-examined. The £30 10s. allowance has ceased with the death of prisoner's mother. I never had the least suspicion that my sister was kept without food, or I would have taken her some. I did not think it undesirable that my sister should be left with prisoner. Deceased was in about the same health when I saw her on February 6 as on January 13. She appeared to be on good terms with her daughter, but I cannot say that the latter was kind to her. My sister did not give me any indication that she was in want of food.
ELIZABETH NEWPORT , 472, Old Kent Road. I let part of my house as lodgings. On February 14 prisoner came into the rooms with her mother. They brought a lot of furniture with them, but it was very filthy. They walked from New Cross, two miles away, to my place Prisoner told me so. Prisoner did the shopping when she was sober but almost truthfully to say, I never saw her sober, not thoroughly They stayed at my place till the old lady died on March 22. I tried all a woman could do to bring prisoner to a sense of what was right. She would not have a fire in the room. Prisoner used to be in and out during the day.
Cross-examined. When I went up to prisoner's room all was in confusion, no coals nor anything, the poor old lady sitting there alone. If the old lady had asked for a fire I should have got her one. She never went out when she was at my place. She was with me for five weeks. She used to walk up and down stairs. On the last
occasion that I saw the old lady she was sitting in front of the fireplace. I could not see whether there was a fire, but the curtain poles had been used as firewood. I saw deceased about two or three times a week. I went up oftener than usual because I knew she was being neglected. Prisoner told me in the week previous to her mother's death that the latter was ill and she had fetched Dr. Rudd. I told her that she had better not, as the doctor would order her away and prisoner would be stranded; she would lose the money when the mother died. Prisoner fetched a lady doctor, but I did not realise that she was a doctor. Prisoner took no notice of what the said. I did not think deceased was very ill at all; I knew she was very much neglected.
CHARLOTTE BURROWS , 28, Albany Road, Camberwell. Prisoner and her mother came to live at my place in November, 1906, taking three rooms. They paid nine shillings a week, and stopped till May, 1907. The mother was in pretty good health for her age, but she was not looked after as she should have been; she was not kept clean and did not have sufficient food nor any fire. I have heard her ask her daughter for food, and I used to call the daughter down and give her some. I did not go up to see the mother very often, and towards the latter part I did not go up at all, because the place was so filthy. I told prisoner that the neighbours were complaining about the windows being so dirty and about the place smelling so. Prisoner said that as there were only two of them living up there it could not be dirty. That was the reason I had to get rid of them. Prisoner was always drunk is long as she had money. She did not bring in much food to the house; some days none. (To the Jury.) I could not tell whether the mother was addicted to drink. I never saw much of her. (To the Judge.) My husband has seen the mother and daughter go into a public-house together.
Cross-examined. The old lady was in the habit of going out by herself. She could have asked me for food or fire if she had been in want of it. She was not incapable of cleaning herself.
Re-examined. The condition of the rooms got worse later on, and prisoner got worse in every way. I never saw the old lady the worse for drink.
ARTHUR RUDD , 493, Old Kent Road, medical practitioner. On March 22 I was ill in bed. My wife, Mrs. Edith Rudd, is to-day too ill to travel. I was at the police court when she was sworn and gave her evidence, when prisoner had an opportunity of putting questions to her.
Deposition of Edith Rudd. I am wife of last witness, Arthur Rudd. On March 22 prisoner called at my house between seven and nine and wanted the doctor to call and see her mother. I told her it was impossible, as Dr. Rudd was too ill, and advised her to go to another doctor. Next morning I again saw her when she called. She asked could Dr. Rudd go, and I said no.
from her husband, and for some years has lived with prisoner. For the last two years my grandmother has been entitled to a sum of £122 a year. Prisoner has no means of her own, I have very frequently visited prisoner and her mother during the last three or four years. I have noticed that prisoner has been in a very filthy condition mostly. I should say she was an habitual drunkard. Up to December 20 last they were living at 44, Mina Road, Old Kent Road, and at that time were under a magistrate's order of ejectment. Both prisoner and Mr. Lofthouse, with whom they lived, told me so. I offered to let them two rooms in my house on condition that the quarterly income of £30 10s. should be handed to me, so as to keep my mother from the drink, and I undertook to properly clothe and feed them both. They agreed with that. I have spoken to my mother very frequently most seriously about herself. I told her at this time that her conduct in the past had been very bad, and if she genuinely wanted to alter her condition and reform she must abide by the conditions I laid down in having them to live with me. She said she understood it was the last chance. She said that she had already reformed, and would keep away from the drink. At this time my grandmother did not appear to be properly looked after. She was in fairly good health at that time. She had no particular ailment, and was fairly active. When I visited her she was as far as I could judge very insufficiently clothed and under very bad conditions. I have frequently remonstrated with the old lady, and have watched in the street till my mother went out, and then gone in and pleaded with the old lady to alter the conditions. My grandmother and the prisoner seemed very fond of each other. Deceased used to have, as she termed it, her half pint of beer now and then. She was not a drinker in the ordinary sense of the word. I have once seen her the worse for drink, when she lived at Mrs. Burrow's house. I saw both deceased and my mother in the street the worse for drink. On December 20 they came to my place. Things went on satisfactorily for a while, because I allowed my mother no money, and she had no drink. On January 13 the quarterly allowance came from Mrs. Way. She paid it while I was out, and when I got back deceased handed me £20. I asked for the remainder, and deceased said, "Your mother has kept that; you know we have a lot of things in pawn, and we want to get them home to make ourselves look respectable in your house." That night prisoner went out and came home the worse for, drink. From then until February 14, when they left, prisoner was practically drunk the whole time, except during the last week. At that time the condition of deceased gradually became worse. The place was kept in an extremely filthy condition, the details of which I could not mention in Court. My grandmother was a healthy old woman, although perhaps a little bit feeble. I had to give them notice finally. I actually had the police in the house once; there was a very serious disturbance. It was in consequence of a visit of deceased's brother, who came as the result of a letter from me, in which I described the condition of things. While he was in their room my mother tried to use violence, and I called a constable in to frighten
her. She was quite drunk. On February 14 they left and went to 472, Old Kent Road. I went there to take the balance of the £20 which was in my hands. Things were rather better there, except that the old lady was not quite so well towards the last. I only noticed a decided change the week before she died, but the condition of the room seemed to get worse each time I went. I saw no food about the place. I saw a fire about twice, I think. At 472 I rarely saw prisoner the worse for drink; just once or twice. I suggested to prisoner that she should call a doctor in to her mother. She sent messages to me at my office asking me to let her have money for a doctor. I gave her several sums, on the 14th, 16th, 18th, and 21st March, 5s., 5s., 2s., and 10s. Prisoner told me that her mother was very ill and required a doctor. I think she said it was bronchitis. On March 16 I saw deceased and found her not very well, but up. She was sitting in a chair; I think there was a fire. On the 21st I went again, when I took them some money. The room was in a very bad condition; there was no fire. Deceased was sitting up in a chair. She Sold me she had not been very well that week. She seemed very feeble. Prisoner was there, and in answer to me said that she had been to see Dr. Rudd. Earlier in the week she had been to see me and asked for money, saying that she was going to see Dr. Rudd. I gave her 10s. on that visit, on the 21st. I saw no food in the room. There was only one cupboard where it could be kept. I did not actually look there, but from the condition I found the cupboard in afterwards there could not have been food there. On the 23rd I went to the place again, on my way home from business, at about quarter to seven in the evening. My grandmother was lying on a sofa with some chairs at the side to make a bed. She was breathing very labouredly, and I came to the conclusion that she was dying. She was alone and there was no fire. She was partially covered with clothes. Prisoner came in while I was there; she was drunk. She brought some fried fish and two oranges. Apparently she did not understand what I said. I am under the impression that I practically saw my grandmother die. I afterwards got a note; "Dear Arthur,—Regret to say your grandma passed away to-day.—Your affectionate mother, A. Simpson." That is the note produced. I should say it is not in my mother's writing, and the signature is wrong. Her initial is not A. I went to the premises on the next morning. There were no traces of food, but I found 40 pawntickets for clothing and furniture. Three or four of them are dated 1906, but the bulk are 1907. Apparently the last one is February 16. The amounts range from two shillings to seven shillings. There is a diamond ring, £2. I understand that was the prisoner's.
Cross-examined. During the three weeks they were with me there was plenty of food because I supplied it. Deceased did not go out when she lived in my house. When I saw her after she left me she was able to carry on conversation, and there was nothing in her health to alarm me. She did not complain of being in need of food. If she had done so I should have said, "I am supplying you with money; you ought to have food. It was on March 16 that I noticed
deceased was very much more feeble. When I saw her on the 21st, two days before she died, I did not think she was in danger of dying suddenly. I was anxious about her, and naturally observed things closely. I know now that my mother did call at Dr. Rudd's twice, and on the 23rd went to Dr. Helen clark. I knew that my mother gave way to drink in a very excessive manner. I have several relatives in good positions. As far as lay in my power I tried to alter the condition of things. I did not feel any responsibility, but I remonstrated with and warned my mother as to what might happen, and told her that in the end it might be a case for the coroner. My mother has no legal claim on me. They were people of adult age and we could not interfere. We tried by persuasion as much as possible. In my opinion deceased was under the influence of my mother. That was strengthened by conversation which I overheard.
Re-examined. I overheard a conversation, between my mother and deceased while they were in my house, somewhat to this effect: My mother said, "Well, Arthur is always popping up here when I go out. What does he come for?" I used to go up to deceased when my mother went out, to try and persuade her to leave prisoner. The old lady did not make any answer. Then I heard prisoner say, "If you want me to leave you, only say so and I will go"; but I could not hear any reply. On one occasion my mother said to deceased, "I am going out for some beer. Will you have half a pint?" I heard deceased say, "No, no, don't you go out, you will only get into trouble if you do," and my mother said, "What the devil do I care for them? I am not going to be browbeaten." The old lady said, "No, no, don't go out, there will only be trouble; Arthur will have the constable in again." She went out in spite of that, and I went out and threatened to give her in charge. I did not do so, but I frightened her a good deal. The same night she came back with a very large bottle of beer and a bottle of gin, which I took from her, and emptied. She was a dipsomaniac.
HELEN CLARK , 401, Old Kent Road, doctor of medicine. On March 23 prisoner called at my house between 12 and one, and asked me to go and see her mother who was ill, prisoner said, with bronchitis. I said I would come at about two. She said, Oh no, would I come at once, as the case was urgent; the patient might die, and she would be held responsible. I went to the house and saw the old lady in the room upstairs, lying on a couch and chairs. The whole place was in a very filthy condition and smelt abominably. She had some very dirty clothing on her, end there was no fire. It was cold, windy weather. The old lady was very weak; her heart was beating irregularly and feebly, but there was no actual heart disease. She had a certain amount of bronchitis, the sort which you frequently find in old people. I told prisoner that deceased must have a proper bed, and gave directions about feeding, and told prisoner to come for medicine, which she did at once. I said that I would call on Monday. That evening the landlady came and said that the old lady was dead. On the next day I made a post-mortem. I found the body very much emaciated and ingrained with dirt. I discovered, on
opening it, that the heart was not diseased. There were some traces of bronchitis. The liver, spleen, and kidneys were small, and showed. slight signs of fatty degeneration. There were no signs of drink; I looked for that specially. There was about a teaspoonful of mucus in the stomach. There was no disease in the organs to account for death. In my judgment the cause was heart failure, accelerated by want of proper treatment, especially food and firing. It is difficult to say what the emaciation was due to, because old people are sometimes so exceptionally thin. Deceased had absolutely no teeth and would require soups and food of that kind. Prisoner made so many statements that I really did not pay attention to them, but the impression I had was that her mother had been an invalid for a considerable time. Prisoner mentioned about a visit of Dr. Speirs, which apparently took place two years before. I certainly think that with proper attention deceased's life would have been prolonged. The dirt on the body was of very old standing. It is almost impossible to say when deceased had had any food. There was no food in the house when I got there. Prisoner told me that she had offered deceased mutton broth but she would not take it, and that her mother did not want a fire, and did not want food. She asked if she might have a stimulant. I said that if she was in the habit of having beer at night she might have half a pint. Prisoner was sober when she came to me.
Cross-examined. With a person of 82 a sudden collapse might take-place; especially with bad surroundings. From the condition of the body it made one very suspicious that deceased had been starved. When I saw the old lady I told her that if she did get better it would be a long illness and would need extreme care. Prisoner's statements were vague. That is often the case when people go to see a doctor. She seemed anxious for me to go to deceased at once, but I cannot say that I think she was anxious after that. Having had a doctor to see her mother I think she was satisfied.
Re-examined. Old people are like children; they need feeding frequently, and require certain foods. I went into details with prisoner about the foods I recommended.
CHARLES WARN , coroner's officer, Camberwell district. I went to 472, Old Kent Road on the afternoon of March 24 and saw the body of Mrs. Farrant, lying on an old bed made up of chairs. It was in a filthy dirty condition. I have had about 350 cases during the last 14 months and I never saw such a filthy condition of body in my life. It was very much emaciated. The room was also filthy dirty, and in consequence I had the body removed at once. I searched the room for food, but all I could find was an ounce of butter in a piece of paper lying in a basin in the cupboard with about two ounces of liquor, which looked like stale broth. I said to prisoner, "You have lost your mother. It is alleged that you have neglected her, not only in the way of cleanliness, but also in the way of food." She said, "I do not think so, do you?" pointing to the place. I said, "Yes, I do think so, by the look of the place." I asked her why she did not call in a doctor. She said, "I went to Dr. Rudd, but
he was ill in bed." I think she said that her mother had been ill for eight or nine days.
Inspector ALBERT FERRETT , L Division. At 5.30 on March 25 I took charge of prisoner at Rodney Road Police Station, on the coroner's warrant. On reading the charge to her prisoner said, "I have provided for my mother's comfort; she has had everything she wants." She was then recovering from the effects of drink, and filthy dirty.
Mr. Eustace Fulton submitted that there was no evidence to go to the jury of any obligation being upon prisoner to take special care of her mother, although there was evidence of neglect in respect of that obligation. The mere fact that a woman who was living in the same house did not foresee that special medical care was required and that special precautious should be taken having regard to deceased's age, was not sufficient, he submitted, to make prisoner responsible in law in the event of death. With regard to the lack of food it was clear from the evidence that up to March 16 deceased was capable of looking after herself and going and asking for food. Therefore, he thought, the real question here was with retard to what he might call the medical state of the case. Was there any relationship of nurse and patient? His submission was that there was no evidence at all of such relationship. The only evidence here was the evidence of carelessness.
Mr. Justice A.T. Lawrence: Prisoner is much more in this case than her daughter: she is her daughter living with her, who adopted the position of caretaker of her, That makes a duty in itself to do certain things in law. The question is whether she did those things. I cannot stop it.
Mr. Eustace Fulton: But the evidence here requires something further, the duty to provide skilled attention, and that is a duty which arises only from a relationship of nurse and patient.
Mr. Justice A.T. Lawrence: When you get to eighty-one and you lese your teeth to talk about broth and soft foods as being skilled attention is rather an exaggerated phrase, is it not? Ordinary human intelligence would suggest that to as unskilled person.
The Jury were of opinion that the family were to blame in allowing the deceased to remain in the charge of the prisoner alter their knowledge of prisoner's continual drunkenness.
Sentence (on April 30), Twelve months' hard labour.
Mr. Clarke Hall and Mr. M.L. Gwyer prosecuted.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Wednesday, April 29.)
JOHNSON, George Frederick (27, clerk) ; indicted for breaking and entering the dwelling-house of Albert Alfred Tindall, and stealing therein two gold bracelets, one gold chain and other articles, his goods, denied all knowledge of the jewellery, but pleaded guilty of stealing 37 forks, 37 spoons, two pairs of nutcrackers, a scent bottle, etc.
Mr. Bodkin reminded the Court of the case of Delamere heard in March (p. 681, last volume), with whom Johnson, was arrested in
connection with a charge of breaking into the flat of Mr. Alfred Tindall, of Tenby Mansions, Marylebone. Prisoner, it was alleged by the prosecution, was concerned with Delamere in a serious outrage on an old lady at Croydon and with larceny, and counsel asked that sentence should be postponed until after Guildford Assizes in order that the Croydon matter should be investigated.
The Recorder granted the application.
BELL, Albert William (30, postman), pleaded guilty of stealing a post letter containing a certain valuable security, to wit, a cheque for the payment of £5 2s. 1d., the property of the Postmaster-General, he being employed under the Post Office. Prisoner was employed as sorter and assistant postman at the Stockwell Post Office.
Mr. John Crompton, of the Post Office, stated that there had been numerous complaints of letters missing from the Stockwell office during the last three months. This was quite a new sort of fraud, prisoner having paid stolen cheques into savings bank accounts in the names of the payees, with fictitious addresses, and drawn the money. Prisoner had served in the army at Paardeburg and in India.
Sentence, Six months' hard labour.
CROSS, Edward (44, agent) ; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for the sum of £6, with intent to defraud; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for the sum of £8 10s., with intent to defraud; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for the sum of £6 10s., with intent to defraud.
About twenty of these cases had come to light.
Sentence, Three years' penal servitude.
Prisoner deserted his wife after living with her five weeks. Lodging at the home of Marr's parents, he represented himself as a single man. He ill-treated her after going through the form of marriage and caused her to have venereal disease.
The Recorder described this as one of the worst cases that had come before him for some time. Practically prisoner had committed rape on prosecutrix by fraud.
Sentence, Three years' penal servitude.
WALLIS, George William (30, comedian) ; indicted for obtaining by false pretences from Eva Lorromier the sum of £1; from Sarah Arkend the sum of £1; from Jennie Marks the sum of 10s.; and from Nancy Siemon the sum of £2 respectively, in each case with intent to defraud.
Prisoner pleaded not guilty to the indictment respecting Eva Lorromier and guilty in respect of the other indictments.
Counsel described this as the heartless fraud of pretending to conduct a theatrical or music hall agency and taking fees from applicants for employment.
Sentence, Nine months' hard labour.
This occurred in Bishopsgate Street, at the corner of Catherine Wheel Alley, and was a case of watch-snatching. Prosecutor followed prisoner, who was stopped by a railway constable. On the way to the station he was observed to throw something away, but a £2 piece which had been attached to the chain was found on him. Previous convictions were proved, and on one occasion he was ordered 20 lashes.
Prisoner by way of extenuation, said he was one of those unfortunate men who were forced to steal, having no friends, and being unable to obtain employment. Of the last 13 years he had spent 12 in prison.
Sentence: Five years' penal servitude.
Prisoner's wife, it appeared, had left him, and he took to live with him Margaret Andrews, with whom he went through the form of marriage on April 8 of this year, she knowing that he was married. Prisoner was taken into custody for assault, having had a quarrel on Easter Monday with some relatives, who stated at the station that he had committed bigamy, and this on inquiry turned out to be true.
The Recorder, in sentencing prisoner to two days' imprisonment, entitling him to be discharged, said that this case illustrated what he had often had occasion to remark, that few crimes differed so much as bigamy. In the case of Lavender (p. 22) there was every circumstance of aggravation. But for the disturbance on Easter Monday, probably nothing would have been heard of this case.
Sentence, 12 months' imprisonment, with recommendation for treatment under the Borstal system.
Prisoner smashed the glass with a stone, and the constable, hearing the crash, walked in that direction and met prisoner wearing the boots.
Sentence, Nine months' hard labour.
Prisoner was delivered while in service, and subsequently had to go to the infirmary. From thence she wrote asking that her box might he sent to her friend's house. The cook where she had been in service having missed some things, looked into the box, and found the body of the child wrapped in a petticoat. It was stated that prisoner had been drugged and ravished by the husband of a friend with whom she had been staying.
The Recorder, thinking that prisoner had been sufficiently punished, and, considering that she had been detained three weeks, sentenced her to two days' imprisonment, entitling her to immediate discharge.
MONTAGUE, Arthur (31, labourer) ; feloniously and fraudulently fixing upon certain materials—to wit, two postcards and a post letter, certain stamps which had been removed from certain other materials used for postal purposes. The question was raised whether prisoner was in a mental condition to plead, but the Recorder allowed the plea.
Mr. Kenwick prosecuted.
ALBERT EDWARD WATERS , postman at the Stockwell Sorting Office. I know that prisoner in January last was residing in my district. Letters posted in the Stockwell district would have to be brought to the office at which I am on duty, and it would be my duty to stamp letters, cards, and so on to be forwarded in the ordinary course. Amongst the correspondence I had to deal with on January 27 was the card produced, addressed to the proprietor of the Grosvenor Park Crescent Ladies' Club, Grosvenor Place, Hyde Park Corner. It was stamped for the 12.30 p.m. collection, and as I was stamping it I happened to notice that the stamp had been used before, so I initialled it and handed it to the overseer on duty, Mr. Hicks. I am well acquainted with the handwriting on that card. It is the prisoner's. I have known him close upon three years. Cards in that writing pass though my hands continually.
EDWARD GEORGE HICKS , head postman at Stockwell Post Office. On looking at the card handed to me by the last witness I noticed that the obliterated stamp had been previously used. I submitted it to the postmaster, who stopped it from circulation, and it was forwarded to the Postmaster-General.
GEORGE WHITE , hall porter at the Grosvenor Park Ladies' Club. About the end of November last an assistant footman was advertised for. An application was received from prisoner, and I made an appointment for him to call and see me. He called some six weeks after and had an interview with me, and I told him at once that I thought he was not suitable. He did not go away at once but waited about 10 minutes. Afterwards he applied by letter to the secretary, in the name of Montague, for his fare and expenses. The letter with enclosures was sent back as it came.
THOMAS HENRY POPLETT , head postman at the South Kensington Sorting Office. Up to February, 1906, I was at the Stockwell District Office and acted as inquiry officer. The handwriting on the card produced is that of the prisoner. I have had several occasions of becoming acquainted with his handwriting. On March 30 I accompanied Detective-sergeant Ebbage to prisoner's lodgings in Brixton, and was present when the card was shown to him. He turned to me and said, "You might have given me another warning." I had warned him previously.
Detective-sergeant ROBERT EBBAGE , Brixton. On March 30 I received a warrant for prisoner's arrest, and on that date called at his rooms at 88, Dalyell Road, Stockwell, accompanied by last witness. As soon as prisoner saw me he said, "What, again!" I said, "Yes, I have a warrant for your arrest." I read it to him, and at the same time showed him the postcard and said, "This is the postcard and stamp referred to in the warrant." He replied, "What is a poor devil to do looking for work?" I then searched him, and found on him 11 cancelled postage stamps. Whilst doing so he turned to the witness Poplett and said, "You might have given me another warning." Prisoner was taken to the station. I searched him and found upon him £1 5s. 6 1/2 d., and deposit notes to the amount of £240. He was living in a small back room for which he paid 2s. 3d. per week.
WILLIAM NORWOOD EAST , assistant medical officer, Brixton Prison. Prisoner was admitted on March 31, and Dr. Scott and I have had him under observation. Dr. Scott went on leave on the 11th of this month. When prisoner came in I examined him and thought he was insane. He was demented. By that I mean a condition of mental enfeeblement; he is childish, and says he is related to lords and dukes and to the celebrated painter, Sir Joshua Reynolds. I think those are probably insane delusions. He is quite harmless. Dr. Scott concurred in my view. Prisoner has been weak-minded for a long time. I have known him since November, 1906. He was not then so bad as he is now. He seems to have deteriorated. I am of opinion that he would not improve under treatment, but is incurable. I think he is incapable by reason of the state of his mind of distinguishing between right and wrong.
The jury found prisoner Guilty, but insane and not responsible in law, and the Recorder directed that he be confined in Brixton during His Majesty's pleasure.
ALCOCK, Herbert (23, shopman) ; indicted for embezzling the several sums of £20, 12s. 6d., 12s. 6d., and 12s. 6d. received by him for and on account of the United Kingdom Tea Company, Limited, his masters; stealing two hundredweight of tea and 1, 040 lb. sugar, the property of the company; and falsifying certain documents, to wit, weekly returns belonging to the United Kingdom Tea Company, Limited, his masters, with intent to defraud; pleaded guilty of falsification. He was then tried on the other counts.
Mr. Penny Oliver prosecuted.
company have a branch office at 543, Battersea Park Road, where prisoner was employed as manager. Besides selling the company's goods he was required to receive the rent of the upper portion of the premises, which were occupied by George Henry Turner. On the 8th of this month I called at 543, Battersea Park Road, and saw prisoner, and asked him if he had banked the 12s. 6d., the amount of Turner's rent. He said he had that morning. I asked him at what time, and he said at 10 minutes to nine. I said that was rather an early hour for a bank to open, and he said he met the clerk outside and handed it to him. I then told him I had been to the bank since that time, and had ascertained that no money had been paid in. Prisoner then said, "I admit I have not been to the bank." The previous payment in was made on March 23, this interview being on April 8. About an hour afterwards I gave him into custody. The three sums of 12s. 6d. mentioned in the indictment should have been, paid in with the other takings, but entered separately.
To Prisoner. You made returns for March 21 and 28 and April 4, upon which the 12s. 6d. is shown. You handed me £10 9s. 5d., but you did not say that the three sums of 12s. 6d. were included in that amount.
FREDERICK JAMES NEATE , cashier of the London and County Bank's. Clapham branch. The account of the United Kingdom Tea Company was kept at the head office, and payments in were made through the Clapham branch. The last time that money was paid in by prisoner was March 23. As shown by credit slips produced, the 12s. 6d. for rent was entered separately. I do not produce an examined copy of the accounts.
THOMAS KEATS , 34 VR Division. At two o'clock, on the afternoon of April 8, I was called to 543, Battersea Park Road, where prisoner was given into custody. There was some money lying on the counter. Prisoner said, "I admit I did not pay that in." Brown stated in prisoner's presence that the money had been taken from his pocket. Prisoner did not dispute that.
BROWN, recalled, stated that the takings for the day were in the till.
Prisoner handed in the following written statement: Respecting the charge against me, I want to plead not guilty of having stolen any money. The only thing I am guilty of is inflating the takings. According to my books I am short of cash, and the stock which is in the shop is considerably more than it appears to be. My idea for inflating the takings was that trade being so bad I was in danger of losing my position. I did not think what I was making myself liable to or otherwise I would not have done it. I trust your Lordship will be lenient with me, as what I did was not robbing my employers in any way, but merely to keep my situation.
Verdict, Not guilty.
The Recorder remarked that an examined copy of the accounts ought to have been produced.
Mr. Oliver said that until the case came on he was under the impression that the prosecution was prepared with it.
The Recorder. Was there any solicitor representing the United Kingdom Tea Company at the police court?
Mr. Oliver. At that time there was no solicitor appearing for the company.
The Recorder. There ought to have been; that is all I can say. A large concern like the United Kingdom Tea Company ought to have had someone to represent them.
Mr. Oliver stated that prisoner was employed by the company last year and was discharged by reason of a shortage. He was then employed by another company, at whose instance he was bound over as a first offender by Mr. Curtis-Bennett at Marylebone, the charge being embezzlement. The Court missionary took a great deal of interest in him, and wrote three or four letters to the United Kingdom Tea Company, and prisoner also wrote asking to be taken on again, with the result that he was appointed to the Battersea Park Road branch. Since he had been there some £80 or £90 and a quantity of stock had disappeared.
Detective THOMAS EVANS, V Division, proved the conviction at Marylebone.
Sentence, Six months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, April 29.)
BURTON, George (34, clerk), pleaded guilty of stealing one cheque book, the goods of Harry Absell; on December 2, 1907, obtaining by false pretences from Charles Walter Studd the sum of 25s.; on November 14, 1907, from Harry Absell the sum of £2; and on January 18, 1908, from Robert Mann the sum of £4, in each case with intent to defraud; also having been convicted on January 2, 1902, at Maidstone, of obtaining money by false pretences, receiving three years' penal servitude. It was stated that prisoner had obtained in all £94 10s. 9d., and that there were three other warrants in existence for his arrest.
Sentence, Five years' penal servitude.
Several previous convictions were proved. Prisoner was said to be a persistent and determined thief, engaged in snatching ladies hand bags.
Sentence, Four years' penal servitude.
The Common Serjeant ordered that John Quinn, a boy who had followed the prisoner on a tram and obtained his arrest, be rewarded by £2.
Mr. W. H. Sands prosecuted.
AGNES WILLIAMSON , barmaid, "Earl Russell, Pancras Road, King's Cross. On March 10, at seven p.m., prisoner came into my bar and ordered a glass of bitter, paying for it with a sovereign. I gave him in change half a sovereign, 9s. 6d. in silver, and 4d. bronze. I then served two other customers, when prisoner asked me to change the half-sovereign for him, and pushed the coin produced towards me. I took it up and saw it was a gilded sixpence. I said, "If you wait half a minute I will call the guv'nor." I went to my employer, who returned with me, but prisoner had gone, taking the change. On April 9 I identified prisoner at Marlborough Street among a number of men.
Cross-examined. I had no doubt about the prisoner. The detective did not ask him to put his hat on, nor ask me if I had any doubt. The detective asked me if I was sure. I do not remember prisoner putting his hat on.
Cross-examined. I know nothing at all of the prisoner.
MARY RICHARDS , manageress, "Blue Posts," Tottenham Court Road. On April 6, between three and four p.m., prisoner came into my bar and ordered threepennyworth of Special Scotch, which I served, and he gave me a sovereign. I gave him in change 10s. gold, 9s. 6d. silver, and 3d. bronze, and turned away. He called me and said, "You might give me all silver, please." The change was lying on the counter; prisoner pushed forward what I thought was the half-sovereign. I weighed it, thought it light, and called our cellarman, John Bassey, and asked his opinion. I then said to prisoner, "Do you know this is a gilded sixpence?" He said if so he had got it from me. I said, "No, because we weigh all our gold." I took the half-sovereign I had given prisoner from the rack. I always weigh gold before giving change for it—the one I gave him was rather worn. The cellarman said he would fetch a policeman. The prisoner said, "No, I will fetch a policeman," and ran away.
Cross-examined. I am sure I did not give prisoner the gilded sixpence because all gold taken is weighed on a scale for sovereigns and half-sovereigns. I stated at the police court that "Prisoner gave me the coin produced; I looked at it; it felt light, and I saw it was a gilded sixpence." I spoke to Bassey to see that I was not making a mistake.
bar, where the prisoner was. Mrs. Richards said, "This is a six-pence," and told me to fetch a policeman. Prisoner said, "I will," and ran out. I followed him and caught him about 150 yards off. He asked me if I was mad. I took him back to the public-house, a constable was called, and the coin given to him.
Cross-examined. Mrs. Richards did not ask me if I knew that that coin was on the till, nor if I had seen it before; she told me it was a gilded sixpence which prisoner had just given her. No one could touch the money on the till without being seen. I did not see the coin handed by prisoner to Mrs. Richards. Prisoner tried to get away; he nearly threw me; he started struggling when we got half way back and caught me in the groin. Another man came to my assistance. Prisoner asked was I mad. I said, "I am not mad enough to let you go." There were hundreds of people there afterwards. I cried, "Stop thief." Prisoner was charged. He said that was the coin Mrs. Richards had given him.
Police-constable JAMES PEARSON , 437, D Division. On April 6, at four p.m., I was called to the "Blue Posts." Mrs. Richards said, "This man has called for drinks, and tendered a sovereign. I gave him the change, half a sovereign, silver and coppers. Shortly afterwards he asked me if I would make it all silver, and put this coin back." The prisoner said, "I ran out to fetch a policeman." He was given into custody, and I took him to the station. Before he was charged he said, "I tendered a sovereign; the lady served me, and when she brought change I said I would like all silver. She then called out, 'Fetch a policeman,' and I ran for one." He was formally charged, and made no answer. I searched him, and found £2 10s. in gold, 11s. 6d. silver, and 2s. 6d. in copper, which was given to the wife by order of the magistrate.
Cross-examined. I found nothing on the prisoner detrimental to him.
Detective FREDERICK BUTTERS , Y Division. On April 7 I saw Barker at the "Earl Russell," and received a gilded sixpence produced from him, which I marked. On April 9 prisoner was charged at Marlborough Street with uttering it. I showed prisoner the coin and told him he would be charged with attempting to obtain 9s. 6d. by a trick from the barmaid at the "Earl Russell," King's Cross, on March 10. He replied, "I remember the barmaid. I know the landlord." When charged he said, "All right." (To the Judge.) I made a note at the time in my book produced. I wrote it in front of the prisoner. Williamson and Barker were seated on the other side of the room at Vine Street. The barmaid had already identified the prisoner. If it is taken down at the police court that I said prisoner said, "I did not remember the girl. I remember the governor," that is a mistake; he said, "I remember the barmaid, and I know the landlord." In the station prisoner was talking to Barker about knowing certain people; he asked him if he knew a Mr. Lake; Barke said, "Yes, he is a scoundrel, and ought to be in the dock with you." We then told Barker to be quiet, and not say anything more to the prisoner.
Cross-examined. I did not point to the barmaid and ask prisoner if he knew her, so far as I recollect. I do not remember saying that he said, "I do not remember the barmaid."
Re-examined. I charged prisoner first with attempted larceny. The charge was changed to uttering at the police court after the evidence had been given.
Statement of Prisoner: I have been the tool of other persons.
ROBERT HEWITT (prisoner, not on oath). I can swear to God that I have never seen one of these sixpences. (The Common Serjeant: You cannot swear without making yourself a witness and being cross-examined.) I have never seen a coin of this description before in my life. When I was picked out in the dock at Marlborough Street I was dressed as I am now, and the witness having had a description of me would have been able to pick me out as the man who had given her this coin. I get my living as a telegraphist on racecourses for bookmakers, and earn for about four days a week about £1 day. Should I do a thing like this for a paltry few shillings when I had good work in front of me? I had never seen the barmaid before in my life, but I know the manager (Barker). Up to 1906 I have worked in the public trade myself, and know several persons connected with it. It is a case of mistaken identity. On the day mentioned I was at the races, but those I was working for are busy and have been unable to come to speak on my behalf. My father has been in one firm for thirty-five years. I do not know whether he is here to-day; he was here yesterday to speak on my behalf. The detective, on the night I was charged, went to the place where I live, and saw my wife and children, searched the place, and has been unable to trace anything of any description against me. It would L✗ a terrible thing to send an innocent man to prison.
Verdict, Guilty on both counts. The jury wished, on account of his wife and family, to recommend prisoner to mercy.
Prisoner was proved to have been convicted on April 24, 1906, and sentenced to one month's hard labour for stealing money as a barman. He was stated to have been a member of a gang of barmen going about London obtaining situations by giving each other false references. He had since been a bookmaker's tout
Sentence, Nine months' hard labour.
Prisoner was stated to have obtained the prosecutrix's money and deserted her, having treated her with great cruelty.
Sentence, Five years' penal servitude.
Mr. W. H. Sands prosecuted.
AMELIA O'SULLIVAN , wife of the licensee of the "Red Deer," South Croydon. On March 18, between four and five p.m., prisoner came into the bar with another man, ordered a pony of Burton, a pony of bitter, and a pennyworth of tobacco, and gave me florin produced. I tried the coin in my mouth, found it bad, and sent for my husband. Prisoner said, "What is the matter with you? You cannot tell these unless you put them in your mouth." My husband came into the bar and I said, "This man has tendered me this bad florin. Send for a constable." Prisoner used very bad language. Police-constable Baker arrived and I gave him the coin.
Cross-examined. I caught hold of prisoner before he had a chance to move, or else he would have been outside the bar. He said, "What is the matter? What are you troubling about?" I could not tell the coin until I put it in my mouth. It was quite bright then; it is a very good imitation.
Re-examined. I bit the coin because I thought it was bad. From the way prisoner threw it down I was suspicious.
Police-constable WILLIAM BAKER , 175, W Division. I was called to the "Red Deer" at about 6.30 on March 18. Prisoner was there with another man. Mrs. O'Sullivan said, "That man has just passed me a bad two-shilling piece." Prisoner began to use bad language and wanted to fight Mr. O'Sullivan. I said to prisoner, "I shall have to search you." He said, "Go on with it, gov'nor; we have got nothing." I searched him, but found no other counterfeit coin in his possession. I then said, "What are you doing in Croydon?" He said, "I came down to see a girl, but I do not know her name and address." I found on him in good money three half-crowns, 15 shillings, one sixpence, and fourpence in bronze. I took prisoner to the station; he was charged, and said, "I did not pass the coin knowing it to be counterfeit." He was taken before the magistrates the same day, was remanded for a week, end discharged.
MARGARET WEBB , widow, Staines Road, Ashford, tobacconist. On April 1, at 11.30 a.m., a young man came into my shop and asked for a packet of Players' cigarettes, which I gave him. He passed me the two-shilling coin produced, which I put in my cash-box, taking in place of it two shillings. I gave prisoner the change. Later in the day an inspector called on me and asked if I had taken any bad money. I gave him the two-shilling piece, which remained on the top of the box where I had put it; it was the one I received for the cigarettes. I do not know anything about the cigarette card produced. I delivered a packet containing five cigarettes; there was no card with them that I know of. I could not identify prisoner at the police station. I could not say how the man who passed the coin was dressed.
between 11.30 and 12 a.m., and asked my wife for half of stout. He tendered florin produced (marked "K"), which my wife handed to me. I asked prisoner where he got it from. He said he did not know. I said, "Where have you come from?" He said, "From down the road, from Hampton Court on a tram and walked here." I told him I should have to see further into it. He said, "Very well." He volunteered to stop. I sent for Police-constable Johns. I handed the coin to him, and charged prisoner at Staines.
Cross-examined. Prisoner may have said he was very sorry indeed, but he did not know he had such a thing as a counterfeit coin on him when he left home in the morning.
Police-constable GEORGE JOHNS , 62 TR. On April 1 I was called to the "Spelthorne Head" at about 12, and saw prisoner. Kent said, "This man has tried to pass this two-shilling piece and I find it is bad." I said to prisoner, "I shall search you." He said, "All right." I then found on him two half-crowns, two shillings, and a penny, all good money. I asked him where he got the bad two-shilling piece from. He said, "I do not know where I got that two-shilling piece from. I took prisoner to the station, and searched him again, when I found return tram-ticket punched for April 1 and a picture card," Players' cigarettes' (produced).
Cross-examined. I believe prisoner said on the way to the station that he was going to Windsor to see some relatives there.
Inspector FREDERICK PIKE , T. Division, stationed at Staines. I was in charge of the station when prisoner was brought in by Johns, and charged with uttering counterfeit coin to Mr. Kent, of the "Spelthorne Head," Ashford. The coin was handed to me. I told prisoner that as he failed to give a satisfactory account of how he became possessed of it, he would be detained whilst full inquiries were made. He said, "I came up this morning for a tram ride from Tooting to Hampton, and was walking to find an aunt at Windsor whom I had not seen for years. I cannot say where I got the coin from, but I got it somewhere last night after I had been to the Surrey Theatre." I asked if he could supply me with the name and address of the aunt at Windsor whom he was looking for, but he could not, so I detained him. Tram ticket was handed to me—it is a workman's return ticket dated April 1, with no name and no destination, and nothing to indicate the line on which he came. At six p.m. Mrs. Webb came to the station with Sergeant Crutehett and Johns. She gave me counterfeit florin marked "M.W." I put prisoner amongst eight men as similar as possible to him. I told him he could place himself where he liked, which he did. I asked him if he was perfectly satisfied; he said he was. He took off his hat and scarf and put them on a chair. I requested him to replace them, and told him it would be better. He refused to do it, without giving a reason. Mrs. Webb failed altogether to identify him. After she had left, in, the presence of Police-constable Mullins and myself, without any remark being made by us, prisoner said, in a jocular way, "I recognised her; it was the nearest shave for me, and it is a bit of luck." I charged him with uttering counterfeit coin to Mr. Kent at 12.30
on April 1, and also to Mrs. Webb, well knowing them to be counterfeit. Prisoner said, "I do not understand the second charge as the woman did not pick me out." I said, "No, but a counterfeit coin exactly similar was passed in her shop by a man half an hour before, and as you passed the shop the presumption is you also passed that." In answer to the charge he said, "I should like you to put this down. In answer to the first charge, when I passed the first coin I thought it was good. I tried to pass it still thinking the same was good. The second charge I know nothing about." He would pass Mrs. Webb's shop coming from Hampton Court tramway terminus to Kent's public-house. Both places would be on the direct road from Hampton Court to Windsor.
Cross-examined. I believe others of the men had mufflers on. They were all genuine working-men from a factory. Mrs. Webb touched a man and said, "This is something like him." I again asked her to look carefully at all the men, which she did, but failed to pick out anyone else. Prisoner did not say, "That was a lucky job for me that she did not pick me out like she picked that other youth out or I might have dropped in for something I know nothing about." I wrote down what prisoner said very soon afterwards. He said, "I recognised her; it was the nearest shave for me, and it is a bit of luck."
Police-constable MULLINS, 824 T, stationed at Staines. On April 1 I came on duty at two p.m., took charge of prisoner, and was in the room with Pike when prisoner was put up for identification by Mrs. Webb. After she had left, without Pike or myself saying anything, prisoner said, "This is the first bit of luck I have had for sometime; she did not recognise me but I did her." He asked to go to the urinal. I took him; then he repeated the above words, adding, "That job is done with."
WILLIAM JOHN WEBSTER , Inspector of Coins, H.M. Mint. The three florins produced are counterfeit; the two marked "M.W." and "K." are from the same mould and are good imitations; the other is not so well made.
STEPHEN COOMBS (prisoner, on oath). On March 31, with my brother and one or two friends, I went to the Surrey Theatre. I Changed a sovereign which I had taken out of my cash-box, at the Elephant and Castle; some of the change I spent. On April 1 I started from home at Kennington early in the morning with the remainder of the change—two half-crowns, three shillings, sixpence, and the two-shilling piece—in order to go to Windsor. I caught the workmen's tram to Tooting and Merton Road, from there took a tram to Hampton Court, and walked to the "Spelthorne Head," where I asked for a glass of stout and tendered the two-shilling piece. I thought it was a good one. When Mrs. Kent said it was bad I said, "Is it really?" Then Kent came round, sent for Police-constable Johns, and I was given into custody. I had a five-shilling piece in
change for my sovereign, which I afterwards changed, and it seems quite reasonable that I had taken a bad two-shilling piece in small change. I was perfectly innocent of knowing it to be counterfeit.
Cross-examined. I live at Kennington in a street which used to be called Thomas Street; I do not know the new name; it lies this side of Kennington Park—the name was changed 18 months or two years ago. I think they call it Palmer Street; it is No. 27. I was lodging there on April 1 with my brothers. I live with my parents at 8, Vauxhall Walk. I started from Thomas Street at 6.45. It is about five miles to Hampton Court. I was going to Windsor; there is a girl there that a cousin of mine was very fond of. At Croydon I told the police-constable that I was going to see the girl, and that I did not know her address. I have been to Windsor. I said at the station that I was going to see my aunt, who lives there, and whom I had not seen for 18 months. I was at the "Red Deer" at Croydon, and got into trouble over passing a florin to Mrs. O'Sullivan. Very likely I was at Mitcham on March 13. I did not go to a shop there and buy two eggs with a florin—that is not true. I smoke but very little; only when in company. The cigarette picture-card I found and kept because my brother saves them. My brother and other friends were with me when I changed the sovereign in the Elephant and Castle. I could not say if they saw me change it; they are not here.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, April 29.)
Prisoner admitted the shooting, but said he did not mean to do the prosecutor any harm.
Mr. Boyd appeared for the prosecution.
ALFRED FOX . I am a labourer living with my parents at 28, Stainsby Road, E.; I shall be 17 years old on July 18. On April 5 I was at home about half-past eight p.m., and I was called out. I saw one of the fellows named Gover the first time. There were no other lads there then. I went back and told my brother that somebody wanted me. I went out again and then there were about 30 or 40 other lads in the street, all armed with something. Somebody called out "Keep back." They made a half-circle round me, and the prisoner came out in front; three or four of them shouted "Fire," and he fired one shot on the ground from a revolver, which looked like a new one, and then fired two shots at me, neither of which hit me, but one hit a water post behind me. My brother said, "Come back," and we ran indoors again with fright. Later on I saw the prisoner in custody and I identified him as the boy who fired at me. I had not known him before, but I have an idea that I had seen him before.
Detective EDWARD RIXON , K Division. About 11 a.m. on April 11 I went to 5, Carr Street, Stepney, where I saw the prisoner, who was in bed. I told him the charge, to which he replied, "All right, I will get my clothes on; I knew this was coming off as Bond got fighting; Bond borrowed the revolver and lent it to me; I fired it off on the ground; I gave it back to a man named Timmins, whom Bond borrowed it from. I do not know where he lives," He was charged and made no reply.
(The prisoner's statement before the magistrate was read.)
(The prisoner called no evidence, and said he did not want to say anything to the Jury.)
Detective-sergeant WILLIAM BROWN, K Division, said that the prisoner was the leader of a gang who called themselves "Tie Forty Thieves," who terrorised the neighbourhood of Limehouse and who went about armed with belts, sticks, and revolvers and used them indiscriminately. Prisoner had been working for about three years at fish-curing. Four other boys were arrested and dealt with by the magistrate. Prisoner had parents, but they would not have anything to do with him. It was a revolver that the prisoner in fact used.
Sentence, Three months' hard labour.
Sentence, Two months' hard labour.
Mr. W. Clarke Hall and Mr. Maurice L. Gwyer prosecuted.
Verdict, Guilty of indecent assault.
Sentence, Twelve months' hard labour.
Mr. A. L. Ganz prosecuted.
ERNEST PLUMBRIDGE , barman at the "Kings and Keys," 142, Fleet Street. At 11.45 p.m. on March 30 I was in the bar and saw prisoner there with two other men. My attention was drawn by a glass of ale being knocked over by one of the three men. When that happened I noticed that the cabinet door seemed to jar as if opened—it was like a showcase in the window. I went outside to the front of the house and missed a bottle of "Black and White" whisky from the showcase. I went inside to my master (Chambers), who was in the office talking to a friend. Chambers and I went out again to the front of the house, and I then noticed that a bottle of Dunville's whisky and a half-bottle of "Red Seal" whisky was missing
out of the showcase. At that time the prisoner was in the bar. When we returned into the house all three men left together and my guv'nor went out and followed them towards Fetter Lane. I stayed in the house. I had seen the prisoner many times before and I knew him by sight. There were marks round the keyhole of the showcase as if it had been tampered with.
Cross-examined by the Prisoner. I knew you as a customer.
SIDNEY CHAMBERS . I am manager of the "King and Keys." I remember the last witness coming into my office on the night of March 30, just before midnight. He made a communication to me and I went out to the bar and saw the prisoner and two other men standing in the bar with their backs to the window casement. I then went outside and looked at the showcase and noticed that a bottle of "Black and White" whisky, a bottle of Dunville's, and a half-bottle of "Red Seal" were missing. While I was looking in the window the prisoner and the other two men left and turned towards the Strand, and I followed them for about 100 yards, and when they saw me they ran. I then called a cab. One of the three struck across the road, and prisoner and the other man ran down Fetter Lane and turned into the London Parcel Delivery Company's yard, from which there is no exit. I jumped out and seized the prisoner, and the other man ran in the direction of the empty vans in the yard. Prisoner wanted to know why I was holding him, and I told him. He tried hard to get away and I blew a police whistle; then a gentleman ran to my assistance and we handed the prisoner over to a police-constable. I have never seen either of the two men. After the prisoner was charged, the police constable and I went back to the yard and found the bottle of Dunville's whisky (produced), about half-full, in an empty van; the cork had been pushed in. The bottle produced corresponds with the bottle of Dunville's whisky which was in the showcase.
Cross-examined by Prisoner. It was about 120 yards from the vans to the corner of Fetter Lane. The gentleman who assisted me to hold you was a dark gentleman, but he did not come with me in the cab. (To the Judge.) I have never seen him before nor since.
Re-examined. The cost price of the three bottles of whisky was about 7s. 10d.
Police-constable HENRY BAILEY (City Police). I saw prisoner detained by the last witness and another man; prisoner was given into my custody and charged with stealing three bottles of whisky. At the station he said that he was in the public house, but he did not know anything about the whisky. When searched, several things were found upon him, including this screwdriver (produced). There were some scratches on the showcase which might have been done with it, but no actual marks or shape of the screwdriver upon it. I went with the last witness to the London Parcel Delivery Company's yard, and in one of the vans we found this bottle of Dunville's whisky, which has been produced.
Cross-examined by the Prisoner. When I took you in charge two persons were holding you. You said you were very pleased that I took you into custody instead of their holding you.
Re-examined. The gentleman who assisted to arrest prisoner came to the station and then left, saying that he had to catch a train. I saw no more of him.
SIDNEY CHAMBERS , recalled. The bottle of Danville's whisky when in the showcase was full, with a capsule on it. (To the Judge.) At luncheon time, between one and three, the bar is very busy, but after then very little business is done in that bar.
ERNEST PLUMBRIDGE , recalled. (To the Judge.) It was about half an hour before this occurrence that I last saw the bottles of whisky in the showcase. I think the glass was knocked over by accident. There were marks round the keyhole of the showcase, but nothing to show forcing.
PRISONER (not on oath). I came from work on this evening and called in and had a glass of mild ale; one or two more men came in to the bar. I have been a barman; I am doing a bit of waiting now. There is a ledge by the showcase or cabinet to put empty glasses on. Two men were talking with their backs to this cabinet, and one knocked a glass of ale over with his coat, and as he did so the door of the cabinet came open from what I could see of it, and the other men said, "This door is open." With that I left the house and I know nothing about the whisky missing from the cabinet. I left the house and these other men walked out with me. On getting to the corner of Fetter Lane one shot across the road and I did a bit of a run across the road and went down Fetter Lane and a man came down the yard a little way from me. All of a sudden a four-wheeled cab drew up and I turned round. The two men in the cab opened the door and Chambers caught hold of me and held me by my collar. I said, "What are you after?" He said, "I will show you." The other man got hold of me and hit me in the jaw and caught hold of my arm. I tried to struggle and was very pleased the constable came up.
Verdict, Not guilty.
BRADFIELD, John (26, carman), and SAVORY, Arthur (37, confectioner) ; both stealing one gelding, one van, one set of harness, one tarpaulin, two cases and 12 bags of sugar, the goods of McNamara and Company, Limited; Savory feloniously receiving two cases of sugar and 12 bags of sugar the goods of McNamara and Company, Limited, well knowing them to have been stolen.
Bradfield pleaded guilty.
Mr. Sydney E. Williams prosecuted; Mr. Allan Ramsay defended.
JAMES SHALER , carman in the employ of McNamara and Co. On March 25 last I was in charge of my van in Eastcheap. I left the van for a few minutes to serve a customer, and when I came back it was gone. There were 12 bags of sugar and two cases.
Detective-sergeant CROUCH. I received information about this on March 25. On the following day I instructed Detective Haywood
to make inquiries, having said that the van was found at Tooting. Later in the evening I received a communication from him, in consequence of which Detective Collins and myself joined Detectives Haywood and Goddard in Defoe Road, Tooting. From what they told me, Detective Collins and I looked through the keyhole of a side building adjoining the house occupied by the prisoner, Savory, 22, Defoe Road, and saw the prisoner Savory, in company with a woman, standing over a cauldron with boiling sugar. We then knocked at the door of the house, which was answered by Savory. We entered and went through into the side building. I there saw a quantity of sugar in various receptacles. I asked Savory how he accounted for it. He said, "I don't know, it must have been brought here when I was in the W.C." I asked him if he had any receipts for it. A number of receipts were produced, none of which related to such a quantity of sugar. I then told him we were going to his address, No. 16, The Mews, Smallwood Road. We went there together with Detective Collins and the prisoner Savory. I asked him if he had got the key of the stable door, it being locked. He said, "No, Jack has got it," referring to the carman. Detective Collins and I then burst the door in. We entered the stable, and in the far corner of the coach-house we saw four bags of sugar, containing about 2 cwt. or more in each. (The empty bags were produced and handed to the witness.) I pointed these sacks out to the prisoner Savory. I showed him my pocket book and said, "These sacks bear the same numbers and are identical with the sugar which has been stolen." We then returned to 22, Defoe Road, and there I saw the prisoner Bradfield detained by Detectives Haywood and Goddard. We emptied the sugar out of the various receptacles into different bags which we found there. I asked him to give an explanation. He said, "I ordered the sugar on the 7th and it was delivered here yesterday"—meaning the 25th—"and I was to pay for it on the 7th of next month"—that is this month. I do not know the man's name. I think his address is somewhere in Johnson Street, Stepney. I ordered a ton but only got 18 cwt. I said, "What is the man's name?" He said, "Turney." I said, "What address—any number?" He said, "No."
Cross-examined. These sacks are marked "Hy. Tate and Son," 523 and 325. They have not McNamara's name on. There is nothing on the sacks to show Savory that they came from McNamara's. When, Savory came to the door, he voluntarily allowed me to go in. I did not until that date know he was a man manufacturing toffee. According to the receipts which I saw, he would use on an average 1 cwt. to 2 cwt. a week. These bags would weigh about 2 cwt. each. I understand Bradfield has been in the employ of Savory, probably nine or ten months. When I went to the stable with Savory he said he was very seldom there. He said that the carman had the key, and if we wished we could break it open. We forced it open ourselves. When Savory found the position he was in he was quite willing to help us all he could. (To the Judge.) We brought away about 10 cwt. to 12 cwt. of sugar in all. The sugar in one of these bags was brown sugar and in the other a kind of white crystallised sugar;
that in the boxes was cube sugar. We found on Savory's premises nearly as much sugar as was stolen from McNamara's cart. (To Mr. Ramsay). There were four bags of sugar in the stable.
Detective-sergeant GODDARD, W Division. Shortly after 11 p.m. on March 25 I found one of McNamara's vans, No. 107, in Renmuir Street, Mitcham Road, Tooting, with the wheel chained, the horse's nose-bag on and the lamp alight. On the 26th I went with the last witness to Savory's house and found in the front room downstairs two cases containing cube sugar.
Cross-examined. I have never heard of that cube sugar being bought for making toffee—it is too dear, costing about 21s. per owt. It was perfectly new and the cases clean.
Detective-sergeant FREDERICK HAYWOOD . At two p.m., in consequence of information received, I kept observation on Savory's house. About 6.20 I saw a horse and van driven up there, and several bags, apparently hags of sugar, unloaded from the van by the prisoner Bradfield into the house. I then communicated with Detective-sergeant Crouch. I afterwards identified the horse and cart as Savory's property. It had nothing to do with the stolen horse and cart.
Cross-examined. Bradfield might have conveyed it from Savory's stable to his house in the cart; I should think it was quite possible he had been to the stable from the City. It did appear as if Brad-field was hiding his operations. When Savory was arrested he was quite willing to show everything. I did not go to the stable; I remained at Savory's house.
ANDREW MATTHEWS . I am a clerk in the employ of McNamara and Co. I have since seen the horse and cart and identify it as our property. (The witness was asked as to the value of the horse, cart and harness, and the learned Judge said he did not know that there was any evidence of Savory having received that.) The value of the sugar stolen was £20 12s. 6d., at 20s. 6d. per cwt. The sugar in boxes was cube sugar, and would be used for sweetening tea. When I saw the boxes the sugar was in good condition.
Cross-examined. We do not deliver cube sugar to confectioners; other sugar we deliver in very large quantities. I have never heard of any sugar sold as "damaged" being perfect. If this had been damaged, 18s. 6d. per cwt. would be a good price for it. 20s. 6d. is the wholesale price. One of the bags contained moist sugar and one fine granulated white. It was a mixed lot of sugar.
JOHN BRADFIELD (prisoner, on oath). At the time I stole the horse and cart I had been in Savory's employ for about 10 months as carman. I had been in the habit of buying sugar for Savory, who gave me the money to pay for it. I have had receipts for it. (Some documents were produced and handed to the witness, who picked out six receipts, which were handed in.) I have had charge of the
stable and always had the key. Savory never used to go down there more than once a month—sometimes not that. I took the sugar from Eastcheap to the stable. I unloaded McNamara's van there. I then took it up a turning off Mitcham Road, put the horse's nose-bag on, and lit the lamp and put the chain on the wheel and left it. A chap I got in company with at Tooting, named Turney, asked me what trade I was in, and I said, "Sweetstuff." He asked me whether I wanted to get any money for myself. I said, "Yes." He said, "If I go to your guv'nor, will he give me an order for some sugar?" I said, "Yes, at a certain price." He said, "I will go there." I have never seen him since. When I told Savory the sugar had come I told him it was the ton of sugar come from Turney, Johnson Street, Stepney. Savory asked me for the cart note and I told him I had mislaid it, and that the carman had said there was only 18 cwt. instead of a ton. I told him a traveller from Turney would call on April 7 for the money—£15 10s.—and if he liked to send the money down within a fortnight he could have it for £15 instead of £15 10s. Savory knew nothing whatever about the sugar being down at the stables until the 26th, when the police officers came down and arrested him. I told the officer Savory knew nothing about the sugar being stolen.
Cross-examined. I got the sugar from the stable to Savory's house in this way. On the 25th, when Savory came home at 9.30, he told me he wanted me out early the next morning to do a cartage job for the man next door. I was up at 6.30 next morning to fetch the things, and on the way up I brought up three bags of sugar and shot them into some boxes in the store room while Savory was at rest. He did not know anything about it until the detectives came. It was in the afternoon when I fetched up two bags. Savory thought it was the sugar from Turney's until the police arrested him. I first came to go to Savory through an uncle of mine. He pays me £1 a week and provides me with lodging in his house. He sells the toffee at stalls in the streets at 24s. a cwt. It would take about five hours to use 2 cwt. of sugar. He makes about 11s. profit a cwt., selling it at 4 oz. a penny. He has not to my knowledge ever ordered a ton of sugar before.
Re-examined. It was the chance of buying this job lot off Turney that made him give this large order. (To the Judge.) I do not know where Turney is now. His suggestion was that I should steal the sugar so that he could go down and get the money for it. He did not tell me about this sugar of McNamara's. I was out on the Wednesday afternoon and was walking along Eastcheap, when I saw this load of sugar of McNamara's and no one to look after it, so I drove it away. I got these receipts from Rose's and a man named Sled. Savory would write for the sugar and then send me with the money to get it. Up to this time I had never bought any sugar without money having been passed. This was a new thing, quite unlike any transaction I had ever had before for Savory.
course of business. Mr. Sled sells everything appertaining to that trade. This postcard is an order for 1 1/4 cwt. of toffee from a customer. As a rule I buy sugar in the way Bradfield has said; sending him down with the money. As to this lot of sugar, a man named Donald represented himself to me as from the firm of Turney and Co., Johnson Street, Whitechapel. He came to me on a Saturday morning and said, "Is there anything I can do in your line?" I said, "No, I do not think there is anything I really want." He said, "How are you off for sugar?" I said, "Well, I can do with some sugar." He said, "Are you prepared to buy a small lot?" I said, "What do you call a small lot?" He said, "I have a lot damaged, which I will clear at a bad price." I said, "What do you call a bad price?" He said he had some sugar he could supply me with for £15 10s. down or on a month's credit or £15 ready cash. I told him I was not in the habit of buying such large quantities as I had not got sale for it and had not sufficient money to be able to pay him £15 or £15 10s. Thereupon he said, "If you can show me satisfactory references you can have it on a month's credit, and by that time you will be having the holiday over, and you can turn the sugar over." We have a big stall at one of the fairs—we would sell then about 5 cwt. or 6 cwt. I showed him some bills and he said, "Very good; your references are good enough; most likely you will have it down either at the beginning or middle of the following week." I never heard any more about it. On the Monday, expecting the sugar down, I put these receptacles in the storeroom, which the police officers term a parlour, but the sugar never came down until the 25th. During that time I ran short of sugar, practically buying only just enough to go along with. I went out on Wednesday at our usual hours and returned about 9.30 p.m., when Bradfield said to me, "The sugar has come, guv'nor. I said, "What, at last? Where is it?" He said, "When I came here the carman had been knocking here for some time, not being able to get in, and so I told the man to take it down to the stable—that it was a little way off, and it would be better to take it down there than all the way to Whitechapel." I said, "Very good—where is the note?" He said, "I have been and put the thing down somewhere in the flurry and I don't know what I have done with it." I said, "He has left it down in the stable?" He said, "Yes; it appears to be a bit damaged." I said, "Is it damaged very much?" He said, "Not a great deal, but it should be turned out." I then told him I wanted him up early next morning to do a job. He had to fetch some ladders from some stables, and he must have brought some sugar up then, which he put into the receptacles. I never saw the boxes of sugar until the detectives went into the storeroom with me.
Cross-examined. As far as I know the sugar must have been brought in sacks. Bradfield had been in my employ 10 months up till we were arrested. One of the receipts is dated April 15 of last year. I did not receive it personally that I am aware of. I did not see the sugar come because I was abed in the morning. The
sugar was brought from the stable to the house on two journeys. My house has three storeys. One of my children opened the door when the sugar arrived. The man who called was about 5 ft. 6 in. tall—just a regular traveller looking sort of man. He gave the address of Johnson Street, Whitechapel. I made no inquiries about him; my business is not big enough. I have seen the notice about any witness communicating with the police, but I have not taken the trouble to get him here to give evidence on my behalf. After the evidence that was given by Bradfield to the officer Crouch, I concluded I had "dropped into a wet sack." I believe some part of the sugar was damaged—not the cube sugar—what were called "pieces."
Re-examined. I should not think it was damaged in the stable. (To the Judge.) This was a very much bigger lot than I was in the habit of buying.
Verdict, Not guilty.
Sentence on Bradfield, Two years' hard labour.
No order for restitution was made, it being stated that the sugar recovered had been disposed of by Messrs. McNamara.
BUSHNELL, Robert George (23, newsvendor) ; breaking and entering a certain shop in the occupation of Adolphe Alexander, and stealing therein 1 piece of cloth, his goods; maliciously damaging a plate glass window value £35, the property of Adolphe Alexander, in the night time.
Mr.C. Harvard Pierson prosecuted.
Police-constable FORD, 169 E. At five minutes to 10 in the evening of April 11, I was in Ludgate Hill, and I saw the prisoner detained by a crowd, bleeding from a slight cut on the right wrist. He had this piece of cloth (produced) on his arm. He said, "Here you are; I wanted to get away with it, only that man stopped me." The window was broken. At the station he produced this stone, and said, "That's what I done it with. I had to keep on hitting it."
Previous convictions were proved, including convictions for similar offences.
Sentence, 18 months' hard labour.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Thursday, April 30.)
ELLIS, Francis Welbore (27, clerk) ; feloniously administering a certain noxious thing to Edith Daller with intent to procure her miscarriage; unlawfully supplying the said noxious thing to Edith Daller with intent to procure her miscarriage; inciting, counselling, procuring and aiding the said Edith Daller, then being with child, feloniously to administer to herself a certain noxious drug with intent to procure her own miscarriage.
Mr. Muir, Mr. Bodkin, and Mr. Oddie prosecuted; Mr. I.A. Symmons and Mr. Eustace Fulton defended.
At the close of the evidence for the prosecution, which was not of a nature suitable for publication, Mr. Symmons submitted that the drug alleged to have been administered, consisting of aloes and sulphate of iron, was not a noxious thing within the meaning of the section. He quoted from R. v. Isaacs (9 Cox, 228) to show that the thing administered must be noxious in its nature, and that it was not sufficient to show that the prisoner imagined it would have the effect intended, or that it might have such effect in certain circumstances. Apart, from that his client denied having given the drug to prosecutrix.
Mr. Justice A. T. Lawrence said that it was clearly a case to go to the jury to decide whether it was a noxious thing in the circumstances.
Prisoner then gave evidence on oath denying the charge.
(Friday, May 1.)
A previous conviction on March 14, 1904, for larceny, was proved.
Sentence, 12 months' hard labour.
BEFORE THE RECORDER.
(Thursday, April 30.)
CUDDON, George John (71, agent), and DELLANA, Frank (secretary); both forging and uttering, well knowing the same to he forged, a certain forged endorsement on an order for the payment of £160, with intent to defraud; conspiring together to chest and defraud John Chipchase Grey of his moneys and valuable securities to a large amount; obtaining by false pretences from John Chipchase Grey a certain valuable security—to wit, a banker's cheque and order for the payment of £620 and that sum in money, with intent to defraud; being entrusted with certain property—to wit, a valuable security—to wit, a banker's cheque and order for the payment of £620, belonging to James Chipchase Grey for a certain purpose, unlawfully and fraudulently did convert the sum of £500, part of the proceeds of the said property, to their own use and benefit; and being entrusted with certain property—to wit, the sum of £2, 000, belonging to James Chipchase Grey for a certain purpose, did unlawfully and fraudulently convert part of the said property—to wit, £1, 675, to their own use and benefit. Stealing a certain, valuable security—to wit, a banker's cheque and order for the payment of £160, and feloniously receiving the same. Conspiring together to cheat and defraud John Chipchase Grey of his valuable securities and moneys to the amount of £500, having received certain property—to wit, a valuable security—to wit, a banker's cheque and order for the payment of £104 5s. 9d., belonging to John Chipchase Grey for and on his account, unlawfully and fraudulently did convert the sum of £104 St. 9d., the proceeds of the said valuable security. to their own use and benefit; having received and being entrusted with certain property—to wit, certain certificates and transfers executed by John Chipchase Grey relating to the sums of £320 stock of the Caledonian Railway Company, £1, 652 stock of the London and North-Western Railway Company, and 3, 000 dollars stock of the Ontario and Quebec Railway Company for certain purposes, unlawfully and fraudulently did convert to their own use and benefit the sum of £475 17s. 8d., part of the proceeds of the said property; and having received certain property—to wit, a banker's cheque and order for the payment of £371 11s. 11d. for and on account of John Chipchase Grey, unlawfully and fraudulently did convert to their own use and benefit the sum of£371 11s. 11d., the proceeds of the said property.
Mr. Muir and Mr. Leycester prosecuted; Mr. J. J. Parfitt, K.C., and Mr. Austin Metcalfe defended.
THE CHARGE OF FORGERY.
JAMES WILLIAM CABLE , partner in the firm of Sohram, Harker, and Co., engineers, 110, Cannon Street. On August 6 of last year prisoner Dellana came to our office and asked for particulars about a diamond drill, but as he could not get delivery in two days' time he said he would have to go elsewhere. On August 8 he came again. We generally discussed the machine and he ordered it. The cost was to be£160, and there were some additions. It was not then settled whether there was to be a diamond crown or not, which would come to £40 or£50 more. We were to hear from Villefranche about the diamond crown. The machine was to go to Bordeaux, so far as we were concerned, but it was eventually to go to Villefranche, and that order was supplemented by him asking us to write to the agent of the Messageries Maritime at Bordeaux asking them to forward it. The terms were cash against bills of lading. I told him that, and as far as I know he made no objection. He said it was for a syndicate in which he and a Mr. Cuddon were interested. I had not known Cuddon before. He did not give me Cuddon's address or his own. The next thing was that I got a letter from 10, Duke Street, St. James's, S.W., confirming instructions with reference to the above, asking for exact cost and date of delivery in London, and total weight, and requesting us to put the matter in hand at once and stating that Mr. Dellana would wire any alterations from the mines. On August 12 I received a telegram from the mines. "1 1/4 in. core suitable. Diamond fittings not required." In a previous conversation over the telephone with Dellana, he told me the drill was to be invoiced to Mr. Cuddon and the estimate to be made out to him at the Duke Street address. The machine was despatched to Bordeaux on August 23 with instructions to forward it to Villefranche. Bills of lading were taken out in the usual way. They are still in our possession. We have received no payment for the machine,
though we have written for it many times. On September 16 I called at the Duke Street office, but only saw a clerk. On September 19 I had a letter from Dellana stating that when he left Villefranche on the previous Friday only eight cases had arrived. The letter also called attention to the account and asked the reason of the drill without a crown costing£160 when the drill with diamond crown cost only £190, when we ourselves valued the diamond crown at£65 and the steel cutters at only £2 2s. On September 20 I wrote as to the eight cases, "We presume you mean arrived at Bordeaux, as we do not suppose they would be forwarded from Bordeaux to Villefranche without the Customs duty having been paid, and this we take it would be impossible without the bills of lading being presented. There are in all 10 cases. As regards the invoice for the drill, you are labouring under an error. We never told you that the price of the machine with a diamond crown of that size was £190. The catalogue price, £190, refers to a diamond drill with a 1 1/2 in. crown—the cost of which crown is £40. This would therefore leave £150, to which must be added £6 6s. for three steel cutters and £4 extra for the large core fittings, or, say, £160 in all. We trust this will make the matter clear to you." I received no answer to that, and on September 25 wrote that as no notice had been taken of our letters with regard to the payment of our account, alter noon to-morrow the matter would have passed out of our hands. Next day, however, I wrote, "We shall formally present the bills of lading at your office this afternoon; if these are not taken up, we shall take steps to enforce payment." I accordingly took the bills of lading myself. I did not see Mr. Cuddon, whom I have never seen at his office. I saw a clerk from whom I got no payment. Mr. Cuddon was in at the time, but would not see me. Afterwards a Mr. Stertchley called upon me, and from him I learned the address of the Rev. Mr. Grey, upon whom I called at Teddington on October 14. He showed me the. counterfoil of a cheque for £160, dated August 8, payable to Schram, Harker and Co. Up 10 that time I had no knowledge that such a cheque had been drawn. After that interview, I had an interview with Messrs. Tyrrell Lewis, Lewis and Broadbent, Mr. Grey's solicitors. Subsequently I received a communication from Mr. Broadbent from Villefranche and a message from one Leon Montaigne, stating that the drill was being sent back to us. I then wrote to Cuddon to know the meaning of this, as no arrangements had been made for the machine to be returned, and adding, "Moreover, information has come to our knowledge respecting this transaction which must be explained before we could entertain any such proposal." On December 16, I wrote again to Cuddon, by registered letter, "A cheque was drawn by the Rev. J.C. Grey to our order and fraudulently endorsed and paid into your account. This, as you will know, is a very serious matter. We will give you time to reply before taking definite action." Cuddon called on me on January 10 of this year, and said this business was nothing to do with him; it was his grandson's. I think a little time before that Mr. Cuddon's solicitor had been in to see us with a view to our getting the machine back. We did not discuss that matter
with Cuddon. On January 11 we received a letter from Cuddon stating that the drill was in the possession of the Messageries Maritime awaiting our instructions. We ultimately got the machine back about January 20. We never received payment, and proved for it in Cuddon's bankruptcy for £160. The petition was filed on November 25. The cheque produced (exhibit 3) for £160 is payable to our order and endorsed, "Schram, Harker and Co." My firm has never received that cheque, and it is not endorsed by a member of the firm or by anybody with authority to sign it.
Cross-examined. When I wrote the letter of December 16 I had made up my mind that somebody had endorsed our name without authority. At the interview on January 10 I said nothing to Cuddon about this cheque. I had already mentioned it in the letter of December, to which he had made no answer, and there was no need to bring it up again. I gathered from his conversation that he had not really ordered the drill, but that Dellana had. I have proof that it was on October 14 that I first went to Mr. Grey.
Re-examined. The proof is, that at Paddington I took a ticket to King's Cross, and there I got on to a line where I have a season ticket, and I found the ticket in my pocket some days afterwards. That fixes the date absolutely.
JOHN CHIPCHASE GREY , clerk in Holy Orders, Paddington. I am a curate, and have been at Teddington 16 years. In November, 1906, I was introduced to Cuddon by a Mr. Noble. At that time Cuddon's offices were at Oakley House, Bloomsbury. He made a proposition to me to finance the bringing out of a company called the Mexican Smelting Corporation.
Mr. Parfitt submitted that these introductory matters had really, nothing whatever to do with the charge of fraud in connection with this cheque.
The Recorder suggested to Mr. Muir that it would be sufficient to show that there were certain financial matters which led up; to the transaction which formed the subject of this indictment.
Mr. Muir replied that it was quite impossible to begin baldly with the cheque.
The Recorder. You could not do that. I do not think Mr. Parfitt wishes that. As far as this evidence is concerned, it seems to me it should be confined to the circumstances under which these persons were brought together for financial purposes. That would bring us up, in due course, to subjects connected with the indictment.
Examination continued. From time to time I advanced money in connection with that scheme. The repayment promised was to come first of all from the sale of some debentures in Paris, and, secondly, from a pooling agreement. In June, 1907, nothing had been repaid, and on the 21st of that month I received a letter from Cuddon about some iron concessions in Villefranche, and he showed me a sample which he said he had had analysed and was told it was very valuable. The mines were supposed to be owned by a Mr. Defty, who comes, I believe, from the North of England. I agreed to
finance the bringing out of that company. I was to advance £1, 500 in all and £750 immediately. I borrowed £500 on a promissory note for £750 from a moneylender named Bennett, repayable in monthly instalments of £8. Dellana had the money; £250 I borrowed from a friend, a Mr. Southwell. That money Cuddon had. A Mr. Gordon was appointed engineer on the property. On August 8 I was at Cuddon's office. Dellana told me he had received a telegram or letter from Gordon to the effect that it was necessary to have a drill so that he could make definite statements as to the amount of ore on the property. Both prisoners were agreed that it was necessary to pay cash for the drill. I was told it would be £160, and that they had found the right kind of drill and the right firm to supply it. I said, Well, I will write a cheque." Dellana said, "Will you write it out in Mr. Cuddon's name." I then showed the only bit of common sense I have shown in this matter and said, "I will write it out to the firm." I wrote out the cheque and handed it to Dellana saying, "Give it to them immediately so that the drill may go out on Saturday by boat." Dellana said, "I will do so." It was an open cheque for the reason that I wanted it cashed that afternoon if possible, or early next morning. On August 25 I went to Villefranche, via Bordeaux. Dellana had arrived about 24 hours previously. I was then told that Defty had no concessions and that Dellana had entered into negotiations to buy the concessions of a M. Amoureux. Finding that the concessions were all in Mr. Dellana's name, I was very anxious to see that I was protected, and a document was drawn up by which Dellana acknowledged that he was acting as the agent of myself and Mr. Cuddon. The document was witnessed by Mr. Southwell. I advanced further moneys on the property to the extent roughly of £5, 000. I recollect Mr. Cable calling on me on October 14. I immediately showed him the counterfoil of the cheque I had drawn to Messrs. Schram, Harker and Co. on August 8. Mr. Cable wrote me a letter at my house stating, "With reference to our conversation re drill supplied to Mr. Cuddon, the bills are still in our possession, as we have not yet received cheque for the value of the drill in accordance with the terms of the contract," and with that letter in my possession I went to see Cuddon and Dellana. I informed them that Mr. Cable had been to call upon me and had stated that he had not been paid for the drill, and I asked them what was the meaning of it. They did not answer at all. I then said, "The cheque has been cashed. What has happened to the money?" or words to that effect. As they did not answer I said, "I must accuse you of the very serious offence of forgery." I told them what I thought about them and what they had done. I spoke very strongly and said I would sooner have cut my hand off than have done such a thing. As I was going out of the room I said, "I must think this matter over; it is so serious." Cuddon came to me and said, "Be very careful. Dellana has a pistol and he may shoot himself," to which I replied, if I remember right, "I must state facts at whatever cost," and then left them. Neither of them offered any explanation. I am very well acquainted, unfortunately,
with the handwriting of both prisoners. I should say the endorsement of the cheque is Cuddon's handwriting, but I am not an expert in handwriting. I saw prisoners next day at the office in Duke Street. We had further discussion on this matter, but I had not made up my mind what to do. I did not recognise how serious an offence it was at that moment, not being acquainted with criminal law, and I said I would talk it over with Mr. Cable. Dellana said the money had been used for current expenses. In the evening I had a letter given me by Mr. Cuddon containing a full confession. I tore it up and threw it in the fire. That was either on October 15 or 17. Cuddon said that if this matter was gone further into it would ruin the business and everybody.
Mr. Parfitt said he did not think sufficient foundation had been laid for the contents of the letter.
The Recorder. You may cross-examine him if you like. He says he received the letter, that he read it and he burned it. That would admit secondary evidence of its contents.
Cross-examined. I am not confusing this letter with another received from Mr. Cuddon complaining of the unsatisfactory way in which I was going on and stating that unless further money was obtained the business would be ruined. I did not take a copy of the confession, but I read it through very carefully.
The Recorder said that he thought evidence of the contents of the letter was clearly admissible, witness having said definitely that he was not confusing it with any other letter, that he burnt it, and that he remembered the circumstance.
Examination resumed. The letter said that if I went on with this matter it would mean ruin to this iron ore business. I know the letter extended over four pages. Nothing was said about whose was the endorsement on the cheque. I afterwards saw Mr. Cable because I was expecting he was going to take action in the matter. After I had got the cheque and saw Mr. Cable I went again to Cuddon's office, on October 22, where Dellana drew up a document or agreement money to pay for the concessions which I have never had. I had to put up £1, 920. There were some people who were looking for the concessions, thinking of purchasing them, and if they did not purchase them and the company was not formed, I wished to have the right of dealing with them so as to be able to place them otherwise. I sent the money out through the bank to two people. I looked to Mr. Gordon, the engineer, to protect me. As to the payment for the drill, prisoners said they were going to pay Mr. Cable. After receiving insulting telegrams from Villefranche saying that I was in the hands of scoundrels, I put the matter in the hands of my solicitors. That was in November, I think. They took the case up immediately I placed my affairs in their hands.
Further cross-examined. I am just fifty years of age. I certainly did not understand these pieces of business in which I was concerned. I had not been accustomed to deal with this class of men. I know very little about business. I used to come up to the City every
Tuesday. For the last four or five years I have been mixed up with finance, I am sorry to say. I suggest to the Jury that I was not able to take care of myself—because I am a gentleman, and when people write cheques I consider that those cheques should go where they are intended to go. I insisted over and over again that accounts should be given me of this £4, 000 I put up to pay workmen and other people at Villefranche. I was always told they would be forth-coming. I did not care to go to my solicitors. With regard to the Mexican Smelting Concession, I understood when I put up £2, 000 it was going out to Mexico. I know that a Mr. Francis was connected with it. It was represented that Senor Calve had a concession. As to whether the whole position was explained to me by Mr. Cuddon, I received a letter from him to the effect that unless certain moneys were sent out the option would run out. I do not know that Dellana was merely a clerk to Cuddon at £2 10s. and latterly at £3 a week. He got a good deal more than that. I understood that the money I was putting up for the Villefranche concessions was being used for a proper and legitimate purpose. I cannot get away. If I had not been a clergyman I should have been out there and those concessions would have been in my name to-day, but as a clergyman I have to be at work every Sunday and I cannot get out to France. They have me at their mercy. The only Sunday I had free I went out there. I do not know that Mr. Cuddon was as deceived as I myself was as to Mr. Defty being the owner of these concessions. Gordon, the engineer, was not a gentleman suggested by myself. I was told that he had said a drill was necessary to test the quality of the ore. I used to come up twice a week on this business. Cuddon never told me that the balance in his bank was very low as he had had to make a very large number of payments. There was a discussion as to whose was to be the name of the payee on the cheque. When I wrote it out in the name of Schram, Harker and Co. it was not pointed out to me that the money was wanted for the business. I did not say I wished such a name as that put in to avoid unpleasantness with my bank managers. I do not know that my bank managers were anxious about me because I was plunging. They knew all about this business and that it was a satisfactory one. I was also concerned in another business. There is not a vestige of truth in the suggestion that I told prisoners they could use the money for the drill protem. and that I said, "I hope you will pay for the drill when it becomes due." I made the cheque an open cheque for the reason that I wished Schram and Harker to get the money that afternoon or the following morning because I was distinctly told that unless they had the money the drill would not be sent out. I did not ask to see any of the letters from them. I live on faith. I must trust people. I have found out by experience that I cannot live on faith. Some of the cases went out to Villefranche by the same steamer as myself. I had no idea that the money for the drill had not been paid. I went to Bordeaux on my return from Villefranche and interviewed the shipping people and asked them if the drill was there. They said half of it had come by the boat and
the other half was leaving on that day (Saturday), so I said to them, "You can forward this to Villefranche because I have paid for it. I am an English clergyman, and that is my word for it. I wrote a cheque for it and it has been paid for," and they sent it forward on my word. I had been away on a month's holiday and had not seen my pass book. I had no idea that the money had not gone to Messrs. Schram and Harker. When I arrived in London about September 1 I had no discussion with Mr. Cuddon as to whether the goods had been paid for. I cannot remember an interview with prisoners on October 21, but there probably was because my concessions had to be paid. I was between the devil and the deep sea; I had either to put up money or lose my concessions. At that time things were very critical. I was going up to London two or three times a week. I did not say at a meeting on October 21 that I was rather annoyed that the drill had not been paid for, as the Customs people had been bothering me and I had promised to do so. I never received any message from the Customs people. The only interview I had with them was at Bordeaux, when I told them they would be perfectly safe in forwarding it as I had paid for it myself. As to why I did not take a copy or memorandum of Mr. Cuddon's confession or keep it, as far at I was concerned the matter was closed. I get a good many confessions, but I do not keep them all, not for the public to get a chance of reading, certainly. I destroyed it because I was afraid it might be lost. Another explanation is that I was not myself taking action. I was expecting that to come from Messrs. Schram and Harker. By October 21 I had come to regard both these men as unsatisfactory. That I the very next day advanced £2, 000 was due to the fact that if I had not done so I should have lost my concessions. I took the special precaution of sending the money out to Mr. Gordon as well as to Mr. Dellana. I tried to lengthen the period of payment, but Mr. Dellana wrote that M. Amoureux would on no condition whatsoever alter the period of final payment because other people were looking at the property. The money was sent out by the London and County Bank in two names. Dellana and Gordon both had to sign it. That money found its way to Amoureux, with the exception of a nice little 10 per cent. they put into their own pockets, which I learnt afterwards. The concessions have not been handed over to me. They are in Mr. Dellana's name and he refuses to transfer them to myself. It is not because I am annoyed at the difficulty of transferring the concessions that these proceedings have been taken. It is on a different basis, and it is because my securities have been dealt with and sold in a dishonourable way that our communications were stopped, not because of the cheque; I forgave them that. I did not know the nature of the crime at that time. The sum I had to pay was £1, 920, ✗ not £2, 000. The balance of £80 was in respect of the deposit. I do not know that some portion of the £80 went to Dellana to defray his expenses. I always paid his expenses to go out to Villefranche. He went out four or five times. I recognise that I could have taken legal advice if I had had any suspicion as to the legality of these
matters. I had a relative a solicitor in London and a friend named Holland, also a solicitor, but I trusted Mr. Cuddon.
CHARLES JAMES BROOMAN , clerk in the employment of Messrs. Robarts, Lubbock, and Co., bankers, Lombard Street, produced a certified copy of Cuddon's account at the bank. On August 8, 1907, there was a payment in of £228, including the cheque for £160. On the morning of August 8, before that payment, the credit balance was £2 4s. 10d. On the same date there was a payment to Dellana of £30. By August 23 the whole £228 had been drawn out with the exception of 11s. 5d.
JOHN WILLIAM ROBERTS , examiner in the London Court of Bankruptcy, produced the file in the case of the prisoner Cuddon. He was adjudged bankrupt on two creditors' petitions. The receiving order was on November 25, and the adjudication on December 19. In the statement of affairs first filed the liabilities were put at £2, 722, and the assets at £15, 000. The claims of which notice had been received were now £9, 787. The assets comprised claims in respect of the Mexican Smelting Company and the Villefranche concessions, but not a penny had been realised from any source.
LEON EUGENE MONTAIGNE , interpreter. I became acquainted with Cuddon and Dellana in June or July of last year, and entered into a verbal agreement with them to go to Villefranche. I was to be paid £10 a week and expenses for my services. I was in Paris with Dellana in August, and also in November. I paid my share of the hotel bill and said that Mr. Dellana would very likely send the money for his. With the concessions, 9991 fr.✗ is owing to me, nearly £400. I think the endorsement on the cheque for £160 is Dellana's handwriting.
Cross-examined. For the £10 a week I did all the work that Dellana had been doing himself. I had to deal with Amoureux, and also with the Cazette concessions. Part of the 9, 000 fr. was paid to workmen. As a matter of fact, I never had any salary at all. I was asked to send Cuddon an account of the moneys I expended, and did so.
Detective-sergeant SARGEANT City Police. On February 1 I saw prisoner Cuddon in Kensington Hall Gardens. I told him I was a police officer and that Inspector Willis held a warrant for his arrest for forging a cheque for £160, and uttering it. He said, "I do not understand it." He was taken to Cloak Lane Police Station.
Detective-inspector JOHN WILLIS . On February 1 I saw prisoner Cuddon at the Cloak Lane Police Station. I read to him the warrant which charged him that on August 8, 1907, he did feloniously utter a certain forged cheque for the payment of £160, knowing the same to be forged. He made no reply. The same day I arrested Dellana in Clerkenwell, and took him to the detective office in Old Jewry. I
read the warrant to him. He said, in reply, "It was nothing to do with me."
(Friday, May 1.)
Mr. Parfitt said that since hearing the evidence of Mr. Grey, he had carefully considered the matter, and the prisoners had carefully considered the matter, and so far as the charge of forgery was concerned, Dellana wished to plead guilty, and Cuddon would plead guilty to the uttering. The plea of not guilty with regard to the other charges remained.
Mr. Muir was content to allow the other indictments to remain on the file. His lordship had ample powers to deal with prisoners on the counts to which they had pleaded guilty.
The Recorder. Parliament in its wisdom has fixed the maximum punishment at penal servitude for life.
Mr. Parfitt pointed out that if the jury had disbelieved any evidence prisoners might have ventured to give, their position would have been much more serious, as they would have added the crime of perjury
The Recorder entirely agreed in the observation, and wished that more accused persons would take the same view, because the amount of perjury committed before him was really distressing and appalling, and it really aggravated the offence when a man against whom a charge was rightly made went into the witness box and committed wilful and deliberate perjury, besides showing an unrepentant spirit.
Mr. GREY, re-called, stated, in answer to the Recorder, that he had made several efforts to get the Villefranche concession assigned to him—unsuccessful without putting up further money. He had been asked to put up further money, but his solicitor would not allow him to do so. He still desired to have them assigned to him, as he thought they were valuable, and he had people of good position ready, to take them up.
The Recorder. I have no means of knowing whether they are worth the paper they are written on.
Mr. Parfitt said that Mr. Grey and his solicitor, Mr. Broadbent, might take it from him that prisoner, Dellana, was willing to execute any document which would give effect to that assignment.
The Recorder said that as he would be influenced in passing sentence on Dellana by his execution of such an assignment he would postpone sentence till next Session in order to enable that to be done.
BEFORE THE COMMON SERJEANT.
(Thursday, april 30.)
the coin, found it went black, returned it to the prisoner and said, "I am sorry, I cannot take it, I believe you are the man who gave me one a fortnight ago." I had received a similar coin, a fortnight before and had had to make it good myself. Prisoner said, "You are mad, I have just come from Swanley," and put down a good half-sovereign, for which I gave him the change. He stood in the bar talking to Kennedy. I did not see him leave.
JAMES KENNEDY barman at the "Globe." On April 6 I saw prisoner tender 5s. piece produced and afterwards pay for his drink with a half-sovereign. He drank his beer and said that he had made a mistake, that he had got it in change. I had asked him where he had got it from. Prisoner went out and I followed him; he was walking. I spoke to a constable; prisoner walked a little way, then he ran. (To the Judge.) Prisoner had his back to me when I spoke to the constable. He went to the corner of Beauchamp Street and Brook Street and then began to run the moment after he had looked round. We followed; the constable directed me to go round one court while he went up the other after him. Another constable happened to be in the court he was going through and stopped him. He was then taken to the station.
Cross-examined. From the corner of Charles Street to the "Globe" is about 200 yards. Prisoner walked about 200 yards after that. I saw prisoner go into the court and afterwards found him in the custody of the police-constable there; he was about three or four yards up the court; the constable was not holding prisoner. The constable who was with me said he had been informed that prisoner had some bad money on him. Prisoner then handed to the police-constable the money he had, including the bad 5s. piece, and said, "I have been informed this is a bad 5s. piece—is it a bad one?" (To Prisoner.) When we got to the station the inspector tested the coin. Another inspector came in and seemed to have a doubt about it being a bad one. The first inspector then showed it was bad by making a mark with it on his hand. A detective then came in and tested it by ringing it on the floor.
Police-constable HERBERT MARSHALL , 478 E. On April 6 I was on duty in Leather Lane when Kennedy spoke to me—that was about 70 or 80 yards from the "Globe" and the prisoner was about 30 yards from me. We followed him down Beauchamp Street. He looked round two or three times, and when he got to the corner of Brook Street he commenced to run. That was about 120 or 130 yards from the public-house, or about 75 yards from where I was spoken to. We followed, I going round one way, and Kennedy another, and found him stopped in Fox Court by another police-constable. I said to prisoner, "I have been informed that you have passed a counterfeit 5s. piece." He handed to me the bad 5s. piece and in good money 9s. 6d. silver and 5 1/2 d. bronze, and said, "This is all the money I have got." I said, "Where did you get this 5s. piece from?" He said, "I got it in change for a sovereign in the Chandos' public-house, Charing Cross." I took him to Gray's Inn
Road Station, where he was charged, to which he made no reply. I marked the coin at the station. I did not see any testing done.
Cross-examined. If prisoner was going to take a 'bus to Charing Cross he would not go in the direction he did. The barmaid accused prisoner of having passed another 5s. piece a fortnight before; that was proved to be a mistake
Prisoner's statement. I did not know it was a bad coin. I thought it was a good one when I got my change.
The Common Serjeant said it was not a very strong case, there being only evidence of one coin and that after going a considerable distance prisoner commenced to run, and asked the Jury if it was necessary to call upon the prisoner. The Jury desired the prisoner to be called.
JOHN LEE (prisoner, on oath). I got this coin in change and I had no idea that it was bad. I have seen a lot of gold changed even when I was at sea and being paid off, and it is a very usual thing to pick up the change and not test every coin. I took my change and put it in my pocket. I had no thought that it was bad, and when the barmaid brought it back to me and said, "I can't change it—I am sorry, it is a bad one," I was surprised, and even then I did not think, it was bad. One of the inspectors in the station had a doubt about it, because he said, "Is it a bad one?" and the other inspector rubbed it on his hand, made a black mark, and said, "Oh, yes, it is a bad one." I stopped in the house longer than I should have done if nothing had happened, because the barmaid said, "I am sorry," but when afterwards she said, "I am not sorry; you are the fellow that gave me one a fortnight ago," I began to get a bit anxious about it. I told her, "You must be mad, I have just come up from Swanley." I knew it was impossible for me to have been the man this barmaid said I was. If I had known it had been a bad coin I should certainly not have attempted to pass it either to her or to anybody else.
Cross-examined. It was not true that I had come up from Swanley. I had a reason for not telling her exactly where I had come from, because I happened to be in prison at the time when she said I had been to the public-house. I had to divulge that to the court to prove that I was not the man. It was a good job for me that I was undergoing that sentence, because otherwise there is not the slightest doubt her evidence would have been accepted and I should have been convicted on a wrong identification; it would have put a different face on the case altogether. I did not consider it necessary for me to tell her in the bar that I was in prison at the time. I came out of prison on April 4. I changed the sovereign at the "Chandos" public-house, Charing Cross. I got it off my sister
out of the money I gave her from what I earned and a little money I had when I came out. I had been working for the Darwen Valley Water Board. My sister lives at 57, Bastwick Street, Goswell Road. I live at Empress Chambers, Long Acre, a common lodging-house, the address I gave to the inspector. I had had a lot of drinks on the Saturday, also on Sunday and Monday. I know I changed the sovereign at the "Chandos."
Re-examined. I did not really know it was bad.
Prisoner admitted having been convicted at this Court on July 24, 1899, receiving nine months' hard labour for uttering counterfeit coin, when a number of previous convictions were proved dating back to 1890, some of which were disputed by the prisoner. Other convictions were now proved.
The Common Serjeant said that in his opinion there was not sufficient evidence for the Jury to have found their verdict—he would certify it was a fit case for appeal. Dealing with the case on the verdict he passed a sentence of 12 months' hard labour.
Mr. J.F. Vesey Fitzgerald prosecuted.
JOHN ALFRED INGHAM , lodger at 15, Milner Square, Islington, dresser. On March 28, at two a.m., I was lying in bed just dozing off to sleep. Prisoner is my landlord end live, in the same house. I pay rent to Mrs. Marshall, but prisoner is the householder—I should say he is a joint lodger; he rents three rooms and I was lodging with him. As I lay in bed I felt a crash on my head; prisoner dashed me on the head with a water jug, which broke into small pieces (produced). This is very thick; it might have killed me; there are pieces with blood on them. I did not remember anything for a moment. Then I looked up and found prisoner standing over me; he came on to my bed. With that Mrs. Marshall came into the room and he immediately rushed across for the poker to finish me off with. There are dents on the sofa where he hit it with the poker (produced). I lost myself for a minute, but, as far as I remember, I just managed to raise myself and caught hold of the man and then fell off the bed on to this broken crockery. I remember him trying to hit me with the poker. He did not do so. I was on a bed made up on the sofa. Mrs. Marshall got prisoner away from me; he had hold of my throat and was strangling me. The blood was something terrific. Mrs. Marshall gave me a sheet to hold it in with. At that time I had my hand on him holding him the best I could, and he had me here (describing). Mrs. Marshall was trying to get him away from me. Her little boy went to the door and blew a whistle for the police. Then prisoner turned round to Mrs. Marshall and said, "If you will let me go I will run away," and directly she left go he rushed out in the street and cried "Murder!" and
"Police!" Police-sergeant Westcott then came. I think he saved my life really. I am still very weak, have giddiness, and can scarcely do my work. I had not had a cross word with the prisoner since I had been there. I gave him no provocation at that time or any other.
Cross-examined. Prisoner has never threatened me nor attacked me prior to March 28. I have never heard of his attacking anybody else. Tom Jones had told me the prisoner said he, was going to buy a revolver and shoot me. I once said that I would smack his face. I have never attacked him. I never knew he was afraid of me. I had no affection for Mrs. Marshall—nothing particular, only the same as anybody else. She has been living with prisoner as his wife. I have often thought prisoner was not right in his mind—when in drink especially a very violent man. Here is a proof of it (pointing to the broken crockery). He used to say funny and silly things when in drink. I have never been mentally deranged. I am not a boxer or pugilist. I only defend myself when there is a cause. I have never taken a liberty with anyone. I have never fought for prizes or money. I should not think of doing a cowardly thing like the prisoner did.
FRANCES MARSHALL , 15, Milner Square, Islington. I live with the prisoner. On the early morning of March 28 the prisoner was the worse for drink and I had put him to bed. I left the room to put a penny in the slot for the gas when I heard a crash and rushed upstairs. When I got into the room I saw prisoner rush across the sitting room to get the poker. I used to make a bed up for prosecutor in that room, and he was lying down there. I saw the pieces of the broken toilet jug all about the floor. Prisoner got the poker and hit prosecutor several times with it. He hit me as I was trying to get him away from prosecutor. I do not think he knew that he hit me. I got prisoner on the floor; prosecutor fell on the top of him. My son blew the whistle on the step and the police arrived. I have not given prisoner any cause for jealousy to my knowledge.
Cross-examined. Prisoner one night threatened prosecutor with a piece of iron. He said to me, "I will have his life." He did not say that to prosecutor. He never spoke to prosecutor with any jealousy at all. I never saw him attack him until March 28. He struck him several times with the poker—the jug was broken before I came up. He struck me, but I do not think he intended to; it was an accidental blow. Prisoner and prosecutor were not struggling. Prosecutor was lying down and prisoner was beating him over the head. I rushed across the room to get the poker from him. When I came in first prosecutor was lying on the bed and prisoner tore across the room to get the poker; that is the first thing I saw. I saw prisoner pick the poker up; he was not struggling with prosecutor. I did not say I would break prisoner's arm if he would not let prosecutor go. It never entered my mind that prosecutor attacked prisoner first. I do not know why he should because
prisoner had a previous quarrel with prosecutor when prosecutor said he would smack his face, but he did not attack him. That was on Sunday, March 15.
Police-sergeant EUGENE WESTCOTT 57 N. On March 28 I heard a police whistle, went to 15, Milner Square, and entered the nearest room in consequence of what Marshall told me, and saw prosecutor sitting on a chair in a fainting condition, with a large wound on his forehead bleeding profusely. I applied first aid, made a pad with a piece of valance, compressed the temporal artery, and stopped the bleeding. Other police arrived. I sent for the doctor, and sent others in search of the prisoner, who had left the house in his vest. An officer brought prisoner back. I told him to dress himself, as the prosecutor said he was the man who caused the wound, and wished to give him in custody. Prisoner was under the influence of liquor. I could not say he was drunk. I found these portions of a broken jug produced on the floor and on the couch, or improvised bed, on which the prosecutor was lying at the time the assault was committed. I also picked up this poker, which was lying towards the end of the table. There were portions of the jug on the floor and portions on the couch. Prisoner was taken to the station and charged. On prosecutor telling him that he would give him into custody prisoner said to Marshall, "This is all through you, Frances," and to prosecutor, "If you had gone last week as you said this would not have happened." At the station, when charged, he said, "It is all wrong. I reserve my defence. If I was a rich man and she could eat gold she could have it, everybody knows." I do not remember what he said at the police court—something about reserving his defence.
BERNARD ROWE , acting divisional surgeon. On March 28, at two a.m., I was called to 15, Milner Square. Within a few minutes of actually attending there I heard a row in the street—the prisoner ran across nearly to my house, shrieking in the street, and directly afterwards the police came for me to attend the injured man. I entered the ground floor front room and found prosecutor sitting between the fire place and table, almost in a state of collapse. Westcott was standing by his side; he had applied a compress to the wound, a very wise course to take. If he had not done so the wound might have been fatal, and certainly would have been much more serious. When the compress was removed the artery squirted out like a syringe. There was also a cut across the bridge of the nose between the eyes. A cut over the left eye divided the terminal branch of the temporal artery. I dressed the wound. Portions of crockery produced were scattered about the floor and all over the place. The injuries might have been caused by the broken jug. I examined Marshall. She had a bruise on the forehead, a swelling, and the skin was abraded in a way that might have been caused by a blow with a poker. I examined the prisoner. He had some slight cuts about the thigh, apparently caused by his falling on the broken pieces of crockery; he was on the verge of delirium tremens; he was not drunk, but was in a state showing prolonged drinking. Prosecutor's
wounds are healed; he has to make good the loss of blood and may suffer from headache. There will always be a scar about two inches long.
Cross-examined. My impression was that prisoner's tremulousness was caused by drink. It is possible for a man with a highly-strung temperament, whose nerves have broken down through trouble, to tremble all over; but the muscles would not work in the same peculiar way. I believe the prisoner's condition was caused by drink.
Prisoner's statement. There is no necessity for me to say anything. I call no witnesses.
THOMAS HENRY WILLIAMSON (prisoner, on oath). On Sunday, March 15, at about nine p.m., we were having a little music, when prosecutor came into my sitting-room and sat down. He had been drinking. In a little while he proposed to Clements that they should go to a public-house and have a drink. Clements said he whould rather not, but would go and fetch it for the whole lot of us, where-upon Mrs. Marshall said to prosecutor, "You have not asked Tom" (that is myself)—"why not?" He said, "Why don't you kiss Tom; what has he done for me that I should treat him?" He said it in a sneering way. She said, "You must forget yourself, Jack; this is Tom's place." Prosecutor then used a filthy word. "Tom, he is a fine pretty thing, I will smash him up." He then made a blow at me, which I warded off, and prosecutor said, "I will kill him, I will clear the house." I had to run for my life, while the others held him back. I should have given him in charge, but I was afraid of his brother and his friends molesting me afterwards. He had said in my presence, "The next man who has me locked up will get himself into trouble." I was naturally intimidated. It became apparent at this time that both Marshall and the prosecutor wanted me to get out of the place, but as the place was mine and was the address where I carried on my business, I could not very well leave it. Marshall had lived with me as my wife for five years and I did not quite see why a man should come into my place and try to clear me out, so I said to her, "Jack Ingham will have to go." She said, "He is all right now; he is not going till he can get a place." I was not big enough or strong enough to turn him out, so I had to put up with him. On Sunday, March 22, at 12.30 a.m., Marshall and prosecutor came home together, she having been to a public-house to meet him. They called me some very nasty names and prosecutor would have struck me, but Marshall said, "Don't hit him, Jack, it is you I love, not him. If you hit him you will only make it the worse for me. We will find some way to clear him out." I said, "Will you? This place is mine and not yours. If you forget I do not. I have just seen the landlord and asked him, and he says the place was taken in my name, and he said, 'I look to you, Mr. Williamson, for the rent and nobody else can change the name lawfully
until you leave.' " I then said to prosecutor, "Are you man enough to leave this house and us alone?" He said, "Yes, I will go; if that is the case and it is your place I am going." The woman said, "No, you shall not go to-night as you have nowhere to go." Clements was there at this time. Prosecutor said to Marshall, "If you get into any trouble over me I will look after you." On March 27 I reached home about 12 p.m. I found prosecutor and Marshall in the house and asked them to go round to the "White Horse" with me and have a drink, which they did, bringing a can of stout back with us; that shows I had no animosity against the man. When I got in I sat down and Marshall handed me a small glass of stout, of which I drank a part, became drowsy, and went to sleep in the chair. About an hour after she woke me up and got me into the bedroom. I said to her, "Leave me alone. I would rather leave the house, let me go out of this house. I would rather go and leave the whole lot and done with it." She said, "No you shall not. Go to bed." I got into bed and she went out into the sitting-room again and sat down in, a chair. She was fully dressed—this was at 1.30 a.m. The door being open I asked her why she was staying up and asked her to come to bed. She would not come. I called her again. Then prosecutor said in a sneering way, "Go on, Frances, to your dear Tom. Frances, your dear Tom wants you." I said, "You shut up, it is nothing to do with you, Jack." He said, "Isn't it anything to do with me. If you do not shut up I will show you whether it has to do with me or not." After this I said no more. I let them think I had gone to sleep, but I kept my eyes and ears open for anything that might be going on. It was rather a peculiar thing for that woman to be out of bed at that time in the morning and in the same room as that man, who was lying on his bed asleep. I should have remonstrated, but I was afraid of him. For some time they were talking in a very low voice. Presently, the gas went down and Marshall went downstairs to put a penny in the slot. No sooner had she got to the top of the stairs than I saw prosecutor crossing the room towards the fireplace. He looked into the bedroom and went back towards the sofa. I slipped out of bed quietly and picked up the first thing that came to hand, which was the washhand jug, to defend myself with. There was no possibility of my getting out of that room except through the front room, as the bedroom had been locked and the key taken out. I could not fly from the man, otherwise I would sooner run away than fight. I crept towards the door between the two rooms to see what he was going to do, because it is a peculiar thing for a man to go and pick up a poker at just on two in the morning, knowing he would have no good feeling towards me. He was standing by the door going out into the passage. I was not quite sure whether he really intended to strike her or me with the poker, or what he was going to do, because I have seen him going to strike her. I had not come out of the bedroom up to this time. I looked out at the corner of the door and that evidently frightened him, as he jumped back two steps towards his bed. I then rushed out and hit him with the
jug. I did not intend to kill him; that was the last intention in my mind. I then closed with him and struggled for possession of the poker. Marshall came into the room and went for me—they get me down, but I still kept hold of prosecutor, as I knew it was my only chance; he fell on top of me. Marshall said to him, "Oh, Jack, dear, what has he done to you! Look at the blood!" and she said to me, "You brute, let go of him or I will break your arm." I said, "I shall not let go till I get on my feet or else he will finish me off, 'whereupon he said, "Let me get up. I won't touch you and if you keep me here I shall very likely bleed to death." I had no idea at the time that the man was cut in the way he was, or even that he was losing any blood. I was rather frightened then. I did not know what was up. He did not lose consciousness for a moment, and shouted out, "Go for a doctor;" and then as an afterthought, "and fetch the police." I had got up by this time, but was still holding him. After I got away I ran out of the house up the square dressed only in my short under-vest, shouting, "Murder!" I thought he was after me. I could hear somebody's feet running behind me and I really thought he was coming after, so I ran as fast as I could and shouted, "Murder!" until I saw two men, who said, "Hold on, mate, what is up?" I said, "Don't take me back or he will kill me," and they said, "That's all right." I returned with these two men, one of whom lent me his overcoat, and we met a policeman, who came back with us. When I got into the room I was so bewildered I did not know what was going on. There was a very large number of policemen in the room. I did not count them. One of them asked me to put my things on, which I did, and went to the station. No one held me, because I said, "I shall be safer there than here." I had received three cuts on the leg, was hit on the right side of the head, and my forehead was grazed—it was sore for two or three days. My trembling state was not. caused by over-drink, but through a breakdown of my nervous system. I am very highly-strung.
Cross-examined. I am not of a jealous disposition more than other men. I did not like prosecutor's conduct towards Marshall. I was jealous of it. I paid the rent of the rooms. I gave the money to the woman to pay. She did not do so. Prosecutor got the poker and stood at the head of his bed. I saw him take it from the fire-place. I was not asleep. After he had said he would show me whether it was his business or not, I should not feel safe until the woman was in the room. I wrote the paper I have been reading from while at Brixton a fortnight after the occurrence. I did not turn prosecutor out of the house before, because I was not strong enough. I was afraid to go to the police because of Ingham's brother and friends. A private reason was this, Mrs. Marshall had the custody of a child of a woman who was at Braintree Asylum for Inebriates, for which she received 10s. a week. She knew before prosecutor came to us that we should part company on that woman coming out of the asylum. I did not want to make a public stir. I was going in danger of my life from this man. When charged I did
not complain to the police that I had been assaulted. I did not say anything. I was so flabbergasted I did not know what had happened. I am not perjuring myself. I do not deny that I assaulted the prosecutor with the jug, but I did it in self-defence and on provocation. Pieces of the jug might have gone on the couch, from the position he stood in when I hit him. Prosecutor knew he had to go out of the house. I gave him a right to be in my house until he got another place. Prior to this occasion all the violence was on his side. There is no truth in the statement that I was threatening to shoot prosecutor, or that I was going to carry a piece of iron to attack him.
JAMES FRANCIS CLEMENTS . I am an actor, commonly known as James Francis. On Sunday evening, March 15, I went to see prisoner with my wife. Mrs. Morris with her baby and Mrs. Marshall were there. Prosecutor came in—he had been drinking; he seemed to be seeking for an opportunity of making trouble and was trying to irritate prisoner. Things went on quietly for some time, when prosecutor suddenly went for the prisoner and said he would put his lights out. There was a scuffle, they struggled, upset the table and one or two chairs; I and Mrs. Morris held prosecutor back and let prisoner out at the door, which I locked and the key of which I put in my pocket. On March 22 I went to prisoner's house about 12 p.m. He said that Marshall had gone to the Scala Theatre to meet the prosecutor and he was afraid that prosecutor would set about him. They came in and prisoner said, "Jack, are you man enough to leave the house and leave us alone?" Ingham said, "Yes, but you will give me a few days to find a room?" I think prisons was afraid of prosecutor.
KATE CLEMENTS , wife of James Clements. On March 15 I was at 15, Milner Square. Prosecutor came in, was asked to sit down, and said, "I will not sit down." Then I asked him to do so. He sat down and used very filthy language about prisoner and said he would knock his lights out. There was a raw; he went to hit prisoner and knocked over the table. My husband held him back, opened the door, let the prisoner out, and locked the door. On March 22 I was standing at the corner of the street when prisoner asked me to come back because he was in danger of his life with the prosecutor. When my husband came we went back with him. Nothing took place while I was present.
ROBERT HASTINGS WILLIAMSON , father of prisoner. After this prosecution had begun prosecutor said to me that if prisoner got up any evidence against or brought anything out about him he would make it hot for him.
(Witness called by the Court.)
WILLIAM NORWOOD EAST , assistant deputy medical officer, Brixton Prison. I saw prisoner on March 30, after he had been before the magistrate. He had an abrasion on his forehead and three small cuts on the left thigh. He was recovering from recent heavy drinking. There were
no signs of delirium tremens; he had not been drinking heavily enough for that.
To Prisoner. You were doing more than shaking all over, there were other symptoms. It was from the effects of drinking.
Sentence, Twelve months' hard labour.
The Jury desired that Police-sergeant Westcott be specially commended
Mr. Fordham, who appeared for the prosecution, stated that, having regard to all the circumstances of the case, he thought it most improbable that the Jury would convict, and, therefore, proposed to offer no evidence.
A formal verdict of Not guilty was returned.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, April 30.)
Mr. John Campbell prosecuted.
ROBERT HARTLEY HEAP , 57, St. John's Road, South Tottenham, music master. On March 31, at 8.30 p.m., I was going along Hanbury Street, Spitalfields, and was attacked by three men. My watch and chain were hanging across my two top waistcoat pockets. The actual thief butted me in the chest with his head and snatched my chain; I got him by the collar. The second accomplice engaged my left arm behind and the prisoner broke the other hand away and effected his escape. The prisoner is not the actual thief. I next saw prisoner in Commercial Street Police Station seven or eight days later, and, by his coat and left profile, I endorsed the identification of other witnesses, and charged him. The watch was worth 30s., the chain 2s.; the intrinsic value of the matchbox was only 7s. 6d., but its value to me was priceless. None of the property has been found.
To the Prisoner. My charge was on the strength of the two boys' identification.
To the Judge. I say the second man took my left hand behind me. The prisoner could not possibly have taken hold of my left arm at all because he had all his work to do to get the thief away. I say the statement in my deposition that the prisoner and another man caught hold of my left arm is the phraseology of the clerk evidently. The whole thing lasted a very short time indeed.
and two more men. I had seen prisoner standing at the corner of the street that night. I had never seen him before the night of the robbery. I saw one of the men that they have not caught put his head into the prosecutor's stomatch and knock him against a lamp-post, another man snatched his watch, and the other one came up and put his hand behind him, and prisoner helped the one who had the watch to get away. All three got away. I went to Commercial Street Police Station and gave a description to Detective Brogden. I saw prisoner again the next night and then went round to the station to get Detective Brongden, but he had gone. I saw him again on a Sunday night, and then on the following Tuesday night, when Detective Brongden caught him. On that night I saw him at the corner of Wilkes Street. James Goodman was with me. I told him to keep his eye on the prisoner while I went and got Detective Brogden. I did not see the detective, so I walked down Wilkes Street to see if I could see my friend and when I came back again I saw him and he told me that the prisoner was caught.
Cross-examined by the Prisoner. When I was up at the police court and in the police station to identify you I did no say different from what I am saying not. (to the Judge.) On the Tuesday night I was just coming home from work with my friend at the top of pitfield Street. I saw three men at the corner of Wilkes Street, all of them strangers to me. At the time of the robbery the man with the watch ran down Wilkes Street and the prisoner and another man stood still. I did not speak to either went to the station. He did not know them. I did not speak to either of them. At the station I spoke to the inspector, and a paper came to my house to meet Detective Brogden the next night. I was to call at the station every night. I saw him again the same night and the next night before I had been to the station. He was standing at the corner by himself. I did not speak to him, but I recognised him as the man I had seen the night before.
) Cross-examind by the Prisoner. I did not say I saw you every night after the night of the robbery. I only saw you the following week.
Detective BROGDEN, H Division. I was not present at the police station on the night of the robbery, but I afterwards saw the two last witness on the last day. I was given to understand that the prosecutor could not identify the man. I arranged with Weil to call each night at the station and I afterwards patrolled the streets with a view to finding the man he described. On the night of the Aprill 8, in consequence of what they said I stopped the prisoner in Brick Lane, and told him I should arrest him with being concerned with two other men not in custody with committing a robbery on March 31. He said, "You have made a great mistake; I know nothing about it," and at the station he said, "I can prove that I was in bed that night at eight o'clock and never afterwards went out."
The Prisoner. I was not walking along the street when the constable came and claimed me—I was standing still. He came up and told me I was charged with stealing a watch and chain. I said, "Mr. Brogden, you have made the biggest mistake you ever made in your life; I do not know anything about the watch and chain." He said, "You have got to come with me." I said, "Well and good." I then turned round and said, "So long." I was right at the corner of the street. (The Witness. That is quite true.)
MR. CAPBELL said that before the magistrate the prisoner said in answer to the charge, "I never saw anything of the watch."
The prisoner said he had two witnesses to call.
Judge Lumley Smith. It seems to me rather a weak case.
The Jury said they were agreed that there was not sufficient evidence at present to convict the prisoner, who was there upon discharged. His Lordship said that he thought the boys were telling what they believed to be the truth, but that the evidence was hardly strong enough to justify a conviction.
Mr. Burnie appeared for the defence.
JOHN CHEYNE . I am landlord of the "White raven" public-house, Bedford Street, E. On April 3 I was walking in the Whitechapel Road about 10 p.m., and when I got near Turner Street I saw the prisoner and two others, who rushed towards me and struck me on my eye, snatched my watch and chain, and the three ran away together down towards Turner Street. I went straight home, and then gave information to the police. On April 18 I went to the police court and identified the prisoner from among 10 or 11 men who were paraded.
Cross-examined. This was all done in a moment. The prisoner came up the street and snatched my watch and ran away. I did not communicate with the police until Monday. (To the Judge.) That was because I was laid up; my eye was swollen. All three men were walking towards me. The other two men did not take anu part in the atlack, they simply looked on.
Police-constable JOHN STEVENS , 321 H. On April 18 I arrested prisoner in High Street, Whitechapel, from the description of him which was circulated to the Metropolitan Police district. I said to him, "Dave, I am going to take you to Leman Street Police Station to answer the decsription of a man wanted, concerned with two other, for assaulting and robbing a man something like three weeks ago near the London Hospital. I cannot say the date at present. You will be put up for identification." He said, "All right, Stevens." He was eventually put for identification with 10 or 11 others and the prosecutor immediately picked him out. After I was able to tell him the date of the offence. I took him to Arbour Square Police Station to charge him. Before he was charged he said, "Well, I did not do it; if it was a job I had done I would plead guilty to it."
DAVID MARKS (prisoner, on oath). I do not know anything about this robbery. At a quarter to ten on the evening of April 3 I was at 155a, Roman Road, which is a tailor's shop. I had gone for the suit I am wearing now. It was not quite finished so I waited from about half-past eight until 10 while it was being pressed.
Cross-examined. I paid something in advance when I ordered it on the Friday before, and I had to pay the balance to get it home. I did not pay anything on the Saturday, the day after. I have heard of some one named "Little Joe"; I have known him for some time. He was not with me on the night of Friday, April 3, at the corner of Turner Street. I was not at the corner of Turner Street at any time that evening. I have heard of a man named David Hudson, but I do not know him personally. He is not a friend of mine. (To the Judge.) I got my clothes done up in a parcel that night in brown paper. I went straight home to Trafalgar Square; I did not touch that way (Turner Street) at all. It was a middling-sized parcel.
HARRY SYMONS . I carry on business at 155, Roman Road, Bow, as a tailor. I know prisoner as a customer. He ordered a suit of clothes on March 27 and I made an appointment for him to try them on about a couple of days after, and I told him to call on Friday night, April 3, for them to be finished. He called on April 3 in the evening. It must have been between eight and half-part. I told him I expected the suit of clothes in at any moment. They had not then come in, so he waited until a little after ten, because it was about a quarter to eleven when I closed the shop. The clothes came in and he paid the balance and took them away with him. There is an entry in this book of his paying the money. (To the Judge.) The clothes were wrapped up in brown paper and he took the parcel away.
Cross-examined. He was sitting in the shop from 8.30 to 10 p.m. I had a few customers in the shop that might. We had a little converestion about business. He was waiting in my shop the whole time doing nothing. The price of the whole suit was £1 12s. 6d.; he paid me the balance of 12s. 6d., having paid £1 deposit on march 27 when ordering the clothes. There is the date in this book (Produced.) I have not made any other clothes for him just lately. He did not pay me anything for anything else on the Saturday. I close on Friday night between half-past 10 and a quarter to 11—it all depends how trade is up there on the Friday night. I am a Jew. I keep open Friday nights and Saturdays, be cause our busy times are then. I fix the hour at which he came to my shop. which must have been between eight and half-past, because I had a watch on me. I had looked at it just about a quarter of an hour before he came in, and I have a recollection of the time—there were people coming home from work. On March 27 be came in the afternoon. I did not look at my watch then. When he came to trv on the clothes a couple of days after he came in the evening. I did not take out my watch then. I did not take particular
notice of the time at all on April 3; I think it was between eight and half-past. It must have been a little after 10 when he went, because I closed at a quarter to 11. He was waiting close on two hours, because I promised the suit would be in that night and we generally have our clothes on Friday night late. He particularly wanted them that night; he told me to get them done and I do not like disappointing a customer. (To the Judge.) Most of these clothes are not made up at my place. It was my little sister who brought the clothes. She is at home. She brings the clothes every Friday. night
Verdict, Not guilty.
BEFORE THE RECORDER.
(Friday, May 1.)
Mr. Cooper, prosecuting, said that he did not think the facts warranted an indictment for feloniously wounding and he would ask the Jury to treat the case as one of unlawful wounding.
LOUISA BURTON . I live with prisoner at 48, square, Caledonian Road. I remember the afternoon of Saturday, March 28. I had been drinking with him. Both of us had had more than was good for us. We had a quarrel, as a result of which I left the house. As far as I can remember that was about seven o'clock. When I returned later I had had more drink. I let myself in with a key. Prisoner was in bed with my little girl, the baby. I spoke to him about the row in the afternoon. He told me to go out. I said I would not. He said something else. I cannot tell you exactly what he said. I know it was all my fault. I took the lamp and threw it at him. He got up and tried to put me outside. When we got outside into the passage he said he was going to hit me. I took some pictures belonging to him and broke them over his head. I opened the street door myself and stood outside arguing the point. He came out after me and gave me a push to push me outside the street door. and being the worse for drink, I fell over the low wall by the side of the door into the area. I had been drinking a good deal and do not remember how I got home. The next thing I remember was finding myself in the hospital. Of course,. I was the worse for drink, but it is not very often I take it, and when I do I do not fall about.
JOHN EVERIDGE , house surgeon, Royal Free Hospital. On March 28 I examined Louisa Burton. On the left side of the head there was a scalp wound 1 1/4 in. long, which extended down to the bone. There was considerable hemorrhage under this wound. There was also bleeding from the left ear and bruises and sprains about the back and shoulders. She was unconscious and smelt slightly of alcohol. She was admitted straight to hospital, and was detained
until April 3. The strains were probably caused by falling and hurting herself.
FLORENCE PAYNE , 12 Barnsbury Street. Islington. On the evening of March 28 about half-past nine, I was selling wood in Edward Square. I called out to the lady and gentleman on the steps at No 48 to ask if they wanted any wood. All of sudden I saw the gentleman push the lady and turned my head with a scream. She fell into the area and was unconscious. The man then went in and shut the door. I and someone else went to where the woman was lying. We could not get her up, so went for the police.
Detective WILLIAM HUBBARD , Y Division. On March 29 I went to the Royal Free Hospital and took a statement from prosecutrix Afterwards I saw prisoner at the Caledonian Road Police Station and said to him, "I have been to the Royal Free Hospital to-day and seen Louisa Burton, the woman you are living with. she is suffering from injuries. She has made a statement to me and in that statement she says that when she came home on Saturday night you opened the door, struck her on the shoulder with your first, and knocked her over a low wall into the area. She is suffering from the injuries caused by falling over. You will now be charged with causing those injuries." Prisoner said, "She will not say anything about breaking pictures over my head. We had a quarrel and I told her to go. When she come back she started to row in the passage. I pushed her outside the door. I have no ill-feeling against her. We had both been drinking," When charged he said, "I am sorry it has happened."
HEZEEIAH MEAD , 38 Y R At a quarter to 10 on much 28 I was called to 48 Edward Square, where I fould prosecutrix lying in the area unconseucious and bleeding from a wound at the buck of the head. I went into the house and said to prisoner that I should arrest him for throwing his wife over the area rampart into the area below. He said, "You cannot prove it," I said, "No, but there are others that can", I took him to the station. On the way he said, "I pushed her out of doors and she fell over the rampart. I do not care what becomes of her," He also said, "Yes I know what I have done My wife was drunk" At the station he said "I pushed her over the rampart because has was breaking my pictures in the passage. He had been drinking, but was not drunk.
The prisoner said he had always been fair to the woman, who was man when she was drunk. She brought it all on here self. She attacked him and threw the lamp at him. He had the presence of mind lacked him and threw might have been a fire. He did not know how he could keep his temper. She smashed the picture over him. He was in bed at the time she came in and did not molest her. She was all right when not in liquor. The only occurred because she had a lot of whisky and she could not stand it. She had been drinking got three hours while he was asleep.
The Jury formed the opinion that the fall was due to accident and acquitted prisoner.
BEFORE THE COMMON SERJEANT.
(Friday, May 1.)
WEAVER, Henry Edward William, pleaded guilty of having been entrusted on June 18, 1906, by Emma Sidwell Sayer with a banker's draft £87; on December 7, 1906, by Caroline Amelia Shinton with a banker's cheque for £114; on December 15, 1906, by Alice Mary Shinton with a banker's draft for £114; by Annie Maria Shinton with a banker's draft for £114; in order that he might apply the proceeds thereof in the purchase of shares in the Civil Service Supply Association, Limited, in the names of the said Emma Sidwell Sayer, Caroline Amelia Shinton, Alice Mary Shinton, and Annie Maria Shinton respectively, did unlawfully and fraudulently convert the same to his own use and benefit.
Prisoner was stated to have been a clerk at Somerset House in the Stamps Department at a salary of £324 10s., having retired in April, 1907, on a pension of £162 5s., to have engaged in buying and selling shares, and to have received and converted moneys in six cases besides those named in the indictment, amounting in all to £1, 232. Evidence of good character was given.
Sentence, Three years' penal servitude.
SMALLWOOD, Albert James (55, agent) ; forging and uttering knowing the same to be forged a certain order for the payment of money—to wit, a banker's cheque for the payment of £2 15s., with intent to defraud.
Mr. Fleming prosecuted.
EDWARD JOSEPH MILEY . I live at 16, Wells Street, Gray's Inu Road, and carry on business as a stationer in Clerkenwell Road. Prisoner came to lodge with me about three or four weeks before March 23, when he owed me 17s. 6d. He gave me cheque produced for £2, 15s. on March 21, dated March 24, on Farrow's Bank, Ltd., 1, Cheapside, signed, "F. Chapman." I advanced him 17s. 6d. He then pointed out that it was post-dated, but said that he would let me have the money in a day or two and asked me to hold it over. This took place in my shop. I afterwards received postcard produced: "March 23,—"Dear Sir,—As I could not manage to get back to Well Street early this evening will call and see you in the morning before you bank the cheque. Please Keep it." I held back, the Cheque till Saturday, March 28, when I paid it into my bank, the London and South-Western Bank, Fore Street. It was returned on March 31 marked, "No account." I saw prisoner at 12 p.m. that night. I waited up for him, fell asleep on the chair, and he woke me up and asked me why his room was locked. I had told my wife to lock his room. I said, "It is with reference to your cheque." I asked if he received any other cheques from Chapman. He said "Yes." I asked if they had been met in the usual way. He said,
"Yes, of course, they were." I said his cheque had come back to me marked, "No account." He said, "What do you mean?" I said, "I mean that I want the latchkey from you at once." He gave it me. I then said, "I am not going to let you off so easily as this, I will charge you with the first policeman I meet." I followed him out of the house and gave him in charge.
Cross-examined. I think prisoner asked me for change out of the cheque. I do not think I proffered it. I did not promise to hld the cheque over for an indefinite time. He came into my shop on March 27, and I said could not hold the cheque over indefinitely; that I would have to lodge the cheque. I did not promise to hold it over until he got his money. We did not press him unduly for the rent.
WILLIAM HOLDEN , 356 E In the early morning of April 1 procecutor gave prisoner into my custody on a charge of obtaining money on a false cheque. Prisoner said he had the cheque given him by a man named Chapman, of 16, Colston Road, Nunhead, for commission. Inquiries were made, and we were unable to trade the man. I searched prisoner at the station and found cheque book produced numbered 142691 to 142718, Chapman's cheque (produced) being No. 142690.
Cross-examined. When prosecutor first spoke to me. I said I thought it was a civil action and that I could not interfere.
Re-examined. I found there was no such man as Chapman at the address given.
WALTER ALBERT FRANKLIN , clerk at Farrow's Bank. Prisoner has an account at my bank, on which there is now an overdrawn balance cheque book produced was issued to prisoner. We have no account with Chapman.
Cross-examined. We have given prisoner notice that his account is overdrawn by our ordinary letter acquainting him with the fact sent two or three months ago. Since then the account has been dormant. We have given him no authority to draw on credit and should not have paid anything.
ROSE MARY MILEY , wife of prosecutor. On March 21 I saw prisoner hand my husband cheque produced for £2 15s., and prosecutor gave prisoner 17s. 6d. Prisoner said the cheque was post-dated, and that if it would be convenient he would 1st him have the money instead of the cheque. On March 23 I told prisoner that Mr. Miley had been expecting to hear from him reference to the cheque. Prisoner said he had been disappointed about some money.
Cross-examined. I twice asked prisoner for the money that he owed. Prisoner said he was expecting some money every day, and that as soon as he got it he would give Mr.Miley the money back for
the cheque. Prosecutor did not promise to hold over the cheque indefinitely. I am sure prisoner asked for an advance of 17s. 6d.
ALBERT JAMES SMALLWOOD (prisoner, on oath). My plea is that I had no intent or motive in giving prosecutor the cheque to defraud him of a single penny, but his wife worrying me every morning for the money I owed tempted me foolishly and innocently to draw a cheque in payment of this 17s. 6d. that I owed them, more as security, promising that I would fulfil my promise as soon as I got the money to take the cheque back again—as soon as I got the commission which was due to me. He promised to keep the cheque over until I received the money. I put in the name "Chapman" as the first that occurred to me. The day I gave prosecutor the cheque there was no mention of putting it through the bank as it was post-dated the 24th, and I gave it him on the 21st. He promised that he would not part with it until I brought the cash for it. I was so upset by being given in charge that I do not know what I said in the station. I did not tell the constable that it was from Chapman—I did not give him any name at all. (To the Judge.) I do not know if I gave the address of Chapman to the police-constable. I say I did not give it him on the road to the station. The amount I owed was only 17s. 6d. and I say I had no intent to defraud.
Cross-examined. Mr. and Mrs. Miley are not speaking the truth when they say they did not undertake to hold the cheque over indefinitely. I did not think he would pay it into the bank after the promise he made. I was expecting this commission, and he said he would hold it over until I got the money. I gave it as a kind of security. I thought I should have the money in time.
Prisoner had been convicted at Marlborough Street on March 23, 1907, for obtaining £3 5s. by a worthless cheque, receiving three months in the second division; on January 12, 1905, at the Mansion House, three months in the second division for stealing six Excise certificates.
Sentence, Twelve months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Friday, May 1.)
Mr. Fitch and Mr. Vesev Fitzgerald prosecuted.
Verdict, Guilty of indecent assault.
Sentence, Three months' second division.
BEFORE THE RECORDER
(Tuesday, April 28.)
The Recorder, considering that prisoner had been sufficiently punished, passed sentence of imprisonment for day, entitling prisoner to be at once discharged.
BEFORE THE RECORDER.
(Wednesday, April 29.)
The Recorder. Why is this case sent here? It should have been sent to the Quarter Sessions. this is a court of Assize. We only try Sessions cases from the city of London. The Quarter Sessions for criminal business in not here. These cases ought to be sent to be tried by the jurors in their own counties.
Mr. Ramsay (prosecuting) understood that the Quarter Sessions was over.
The Recorder. There are seven Sessions at Chelmsford, eight now, and four Quarter Sessions for West Ham, therefore there is no delay in getting a man tried in his own county. I do not see why we should have him here. However, we will deal with him.
Evidence was given that prisoner had been previously convicted and was the associate of thieves.
Sentences: Mackenzie and Ryall, who have previously convicted, 12 months' hard labour; Trott, nine months.
SHARPE, William Holt (46, ship's steward), pleaded guilty of being found by night unlawfully having in his possession without lawful excuse certain implements of housebreaking—to wit. one jemmy, one piece of wire, and one knife, and also of a previous conviction at Chelmsford Sessions on August 8, 1906.
Sentence, Three years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, April 29.)
Sentence, Two months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday. April 30.)
Mr. A.S. Ramsay prosecuted.
FREDERICK WILDMAN , 193, Markhouse Road, Walthamstow. On Thursday, April 23, at six a.m., I came downstairs intending to do some gardening. On entering the kitchen I found the dresser and cupboard drawers were all open and that several ornaments had been removed from the mantelshelf and were lying upon the table—caddies and ornamental boxes. The kitchen door was bolted from the house to the kitchen. I had to unbolt that; but the door leading from the kitchen to the scullery window had been removed by cutting away the putty. I then saw the prisoner running across the garden and scaling the garden wall. I followed by the gate in the same wall. which I had to unbolt, when I saw prisoner running a short distance off. It was six a.m. and quite light—there were few people about. Prisoner turned round the second turning. I followed and found him lying full length at the foot of the wall just inside the garden. He immediately said that he had not taken anything, asked me to let him go, and said he had come in only to find something to eat. I took him back to the house. I asked how he had got in, and he showed me a small penknife with stains of putty on it, with which he said he had removed the window. He also showed me a small screwdriver which he had. I sent for the police and gave him in charge. There was nothing taken. Prisoner said he had taken the screwdriver from one of the caddies, but, as far as I could tell, he had not taken it from there (To the Judge.) There was no food brought out; the kitchen cupboards happened to be empty.
Cross-examined. I say prisoner is the man because I followed and caught him, and also because he admitted it the moment I caught him. I distinctly saw him climbing over the garden wall—he had the appearance of a boy, because of his size; he was dressed in dark clothes like the prisoner; of course, I had only back view of him.
who said, "I only went there to get some bread—I was hungry." I found on him the pocketknife produced, with putty on the blade; his boots were unlaced and his clothes were dirty.
Detective-sergeant HORACE CASTLETON . On April 23, at 8.45 a.m., I examined prosecutor's premises and found that a pane of glass, 16 in. by 3 in., had been completely cut out from the scullery window. It was a pane that appeared to have recently put in, from the fresh appearance of the putty.
Prisoner (not on oath). On April 22 I was walking about all night till 4.30 a.m., when I fell asleep on a doorstep and was awakened by the prosecutor, who told me he would charge me with breaking and entering into his place. I immediately told him he had made a mistake. He took me to his house, called a constable, and gave me into custody. I was taken to the station and charged with breaking and entering the premises of Mr. Wildman, which I deny. That is all.
Detective-sergeant CASTLETON said that the prisoner admitted at Stratford having been sentenced to 21 days for loitering. He said he had not done any work for the past two years. Previously he was employed with his brother as chain horse boy at Nifton's Kingsland.
They were both discharged in consequence of an anonymous letter.
Sentence, Eight months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, April 30.)
WOOD, William (35, plasterer), LAWS, Matthew (25, blacksmith), NEWLING, John (32, labourer) ; all assaulting Rose Scott, with intent to rob and violently to steal her moneys, goods, and chattels, and assaulting Walter Scott.
MR. W.S.M. Knight prosecuted; Mr. J. Wells Thatcher appeared for Wood; Mr. D. Warde appeared for Laws.
MRS. ROSE SCOTT . I am the wife of Walter Scott, a foreman stevedore. I live with my husband at 194, Grange Road, Plaistow. About 12.50 a.m. on Sunday morning, April 12, I arrived at Plaistow Railway Station from Bromley with my husband and walked with him until we got to the junction of High Street and Upper Road. At the corner there were five or six men standing. One of them passed a remark and my husband said, "Mind your business." Two of them struck my husband in the jaw and they all made off. Neither of the prisoners struck my husband the first blow, but on the first occasion they were there. I could not tell who it was made the observation to my husband, because they were all standing together.
The police came up and they all made off. We proceeded on our way. I had my purse in my hand: I always carry it in my hand. I continued to carry it so until we got to the sewer bridge. when they tried to take it away from me. The sewer bridge is an embankment—just against the cemetery. When we got between the two electric lamps two man pounced out. I recognise them as prisoners Wood and Newling. Newling hit my husband and knocked him down and wood tried to take my pure out of my hand and tore my fur off my neck in the struggle. I screamed out "Murder" and "Police" as hard as I could. He tried to stuff the fur in my mounth. He said, "What are you screaming for? It you don't leave off screaming, you b—cow, I will choke, you," and tried to stuff the fur in my mouth to stop me. Newling ran out and kicked my husband to the ground. I did not suffer any injury in the tore my husband to the ground. I did not suffer any injury in the way of cuts, but I was sore from head to foot the next morning. My husband was unable to protect me because he was on the ground. As I screamed "Police" the men ran off. They went down the sewer way. Thacker came up before the police. On our way home between 2.30 and three o'clock, while walking through webb street. I saw the prisoner Laws. Directly I saw him 'I knew he was one of them. He was given into custody. There was a lot of dirt on his clothes where he had been rolling down
Cross-examined by Mr. Thatcher. I am sure Wood and Newling sprang our first—Laws came out last. Newling struck my husband. I had my purse in my left hand and a quart bottle of beer under my other arm. As wood caught hold of me and tore my fur so the bottle fell to the ground and broke. (The witness was cross-examined as to portions of her deposition before the magistrate) Wood did not come up with the object of preventing me from striking the man who was attacking my husband.
Cross-examined by Mr. Warde. The three prisoner were among the crowd as we passed. When the police came up they went away. but the police could see them going over the bridge. I am quite sure Laws was one of them. I had never seen the prisoners before. I and my husband went our that Saturday night about 8.30 to 8.45 to see my mother at Bromely. When we left my mother's we went for a walk round Bow, which is our native place. We had a little refreshment. I got a drop of beer in my bottle to take home for supper. I had only one glass of port wine. I cannot take any beer when I am in my present condition. I made a statement that night 'at the Plaistow Police Station. I saw Laws on the sewer bridge spring our at my husband and drag him to the ground. Laws went away after that but I could not tell where. I was too ill with what wood had done to me to watch where he went. I next saw Laws when the constable caught him in Webb Street.
Cross-examined by prisoner Newling. You were not the man who struck my husband when we first insulted, but you were on the sewer bridge.
WALTOR SCOTT . I reside at 194, Grange Road, Plaistow, and am a foreman stevedore. The last witness is my wife. (The witness gave corroborative evidence in detail as to being first insulted by some men in a crowd, amongst whom were the three prisoners by whom he and his wife were subsequently attacked, when he was kicked several times while on the ground.)
On cross-examination by Mr. Thatcher, the witness denied that Wood came on the scene to prevent Mrs. Scott striking the man by whom he (witness) was being attacked.
WILLIAM FREDERICK THACKER . I live at 7, Chichester Terrace, West Ham. Early on Sunday morning, April 12, just before one o'clock, I was going to bed when I heard screams or cries of "Murder!" and "Police!" I ran out of the house and when I got to the corner I saw three men, one struggling with a man, and the prisoner Wood had hold of Mrs. Scott's hand, in which she held her purse. I recognise the prisoner Laws. I gave a description of Newling to the police, and he was arrested two days, after. While she was screaming out "Police!" and "Murder!" Newling turned round and said, "Chuck the b——g cow over railings." Scott had been knocked down before I got there, and he was rising on his feet to go to his wife's assistance when Newling struck him a blow from behind which floored him to the ground. Wood left Mrs. Scott after tearing off her fur, which caused the bottle she was carrying to drop to the ground and break, and then rushed to Scott and kicked him, and Newling turned round and kicked Scott and said, "That will do for the bastard"; then he turned round and said, "Billo, coppers." I was trembling in every limb. I was too frightened to go to their assistance, having only one eye. When laws was caught he said, "If you had lost your other eye—if you had dirt in it—you would not have seen it". When Wood ran away I ran after him, and caught him and said, "Now, do you show fight." He said, "No, I am f—g well done; God blind me, let me go; let me go; I am only after a bit of tommy for kids." A policeman then came up and I handed Wood over to him. When Newling gave the alarm that the police were coming Laws jumped over the railings and fell down the embankment, and Newling shot through the railings. After the charge was made against Wood, Mr. and Mrs. Scott were being escorted home by a constable. I looked down Webb Street and saw Laws tampering with a window. I identified him in a moment. He was taken to the station and charged. I have frequently seen Newling about.
Cross-examined by Mr. Thatcher. I have been in the navy and was discharged for desertion. I have been charged once for assaulting a foreigner, who took my work away, and was dismissed from the navy for obtaining money by false pretences. I said that to give Mr. Cowl, the soclicitor, a change to show that he had not a fool to play with, but it was not true.
Cross-examined by Mr. Warde. I was falsely charged with borrowing money under false pretences, and Mr. Cook, at West Ham, asked me whether I would like my case to go to trial. I said, "Decidedly so,"
and he let me out on £5 bail on my own recognisances. During that time, instead of going back to the ship, like a fool I stopped away; and when my trial came off on October 10 of that year the jury found me "Not guilty," and I was discharged; and when I went back to my ship I was a deserter and was given 42 days' imprisonment. I was a second-class petty officer in the navy. Mr. Cowl Defended me, and because I took the case out of his hands for 10 guineas he did not like it and that was his revenge. With respect to Laws I should say I have seen him outside the "Forester's" and the "Swan" about half a dozen times.
Cross-examined by Newling. When you were charged at the West Ham Police Court I said I had only seen you five times before that of late. I did not see you outside the police court. I gave a description of you to the police-sergeant in charge of the case, which was the cause of your arrest.
Re-examined. Since I have been in the navy I have been in employment. I am now with the Cotton Seed Company, Millwall, where I have been for 16 months, and where I met with the accident to my eye. I am earning two guineas a week.
Police-constable JOHN TAYLOR , 451 K, said that when he arrested Newling on suspicion of being concerned in the assault, he said that he could prove that he was in bed at the time, and that he got his black eye at the "Raglan."
Police-constable ALFRED ALLEN , 779, K. Early on Sunday morning between 12 and one a.m. I was stationed on point duty at the corner of High Street and Upper Road. There was a crowd of people standing there. I went across to ascertain the cause and Mrs. Scott came up, and, pointing to prisoner Wood, said, "This man and his clique have been molesting me and my husband up by the station." I saw Wood and Laws there and a man representing Newling, but I am not quite positive as to Newling. I offered to get Mrs. Scott names and addresses, but she said that was no use. I then dispersed the crowd, and Prisoners Wood and Laws, and, I believe, Newling, walked away up High Street. I the meantime Mr. and Mrs. Scott came back to me and entered into conversation; while so doing the three men came back and went along Upper Road in the direction from which Mrs. Scott and her husband had previously started. After some conversation Mr. and Mrs. Scott went down Upper Road together, and when they had got about half-way up the sewer bank I saw what appeared to be a scuffle. I immediately heard a woman cry, "Police!" and "Murder!" and I and Police-constable Robinson ran down, and as we were nearing them we saw these men running over the sewer bank, and behind them was the witness, Thacker, who caught Wood. I said to Wood, "Hullo, you are still here?" He said, "Yes; I am in it and I suppose I shall have to get out of it." I took him back to where Mr. and Mrs. Scott were standing, and Mrs. Scott said, "That is the man who attempted to steal my purse and rammed my fur down my throat," or something to that effect—she mentioned the fur. Wood was taken to the station and charged. The charge was read over to him and he made no reply. I was at the station when prisoner Newling
was put up with about 10 other men, and he was identified by the witness Thacker. Mrs. Scott was present at the identification. She came along, and, looking at Newling, said, "This is not the man."
Cross-examined by Mr. Thatcher. Mr. Scott certainly did not appear as if he had been drinking, but he was excited, as also was Mrs. Scott.
Cross-examined by Mr. Warde. I have been just over 11 years in the K Division. Plaistow is a pretty lively place on Saturday nights, but there are worse. Laws did not do anything in my presence, but I pick him out as one of that twenty because he was the only man of three that walked away by themselves who was wearing an over-coat. When he was brought into the station, or the next time I saw him there, he also had an overcoat. He was the only man of that three wearing a white muffler. Laws also had a white muffler. In addition to the muffler, he was also taller than the other two. The next time I saw Laws was about three in the morning.
Police-constable JOHN ROBINSON , 285 K, gave corroborative evidence as to the prosecutor having complained of being molested and of arresting Wood after the assault and stated that he heard Police-constable Allen say to Wood, "You are here, then," when the latter said, "I am in, and shall have to get out of it." I was directed by the officer on duty at the station to accompany Mr. and Mrs. Scott home. As we got to the corner of Webb Street we saw a man standing against No.2. The witness Thacker said to me, "That is the other man, constable." I said to Laws, "This man and woman have accused you of assaulting them in Upper Road this night." Laws said, "I was not there." Thacker said, "You were there." Laws said, "If you had bleeding dirt thrown in your eye you would not have seen it." Thacker said, in Laws's presence, "Look at his clothes, where he rolled down the bank." When Laws was charged he said it was "all rot."
Cross-examined by Mr. Thatcher. I had seen wood a few times before that, but I do not know anything against him.
Cross-examined by Mr. Warde. I am sure that Thacker said "Look at his clothes." I did not tell the magistrate that because I was not asked it.
Sergeant GOOSE, 94 K, Plaistow. At 1.30 on Sunday morning, April 12, I was on duty in the Barking Road, when I met a boy, who made a statement to me, in consequence of which I went to No. 2, Webb Street, where I saw the prisoner Laws standing outside. His mother said in his presence, "This is my son, who has just come home a few minutes previously; I wish you would turn him away; I will not have him here to-night." Laws was dressed respectably; he had a white handkerchief round his neck and I believe, the same overcoat that he is wearing now. He went away and I followed him into the Barking Road. That was the last I saw of him until he was brought to the station.
Cross-examined by Mr. Thatcher. I have been at Plaistow for about six and a half years. I do not know anything against Wood.
Cross-examined by Mr. Warde. The little boy who fetched me said his mother wanted him—the brother—turned out of the house. I did not know that two officers had been there previously at about one o'clock.
WILLIAM WOOD (prisoner, on oath), I am a plasterer and am married. I am a pretty steady man. I remember this Saturday night. I went by rail to Bromley just after 11 p.m. from Plaistow, to see a man named Martin concerning some work. He was not at home, and I came back to Plaistow, I think, by the last train but one, and got back to Plaistow about 20 to one o'clock. In leaving the station I walked down the hill; I saw a crowd collected; I walked by it a distance of 30 yards and came back, as the sewer bridge was my shortest way home. Approaching the hill, on looking over my shoulder, I saw the prosecutor and another men fighting. I was on one side of the path and they were on the other. A woman holloed out "Murder!" and "Police!" She still kept on screaming. In the struggle for the bottle it caught me a blow over the eye. It was accidental, I should say. This chap fighting with Scott ran away down towards where Thacker was supposed to come form—near Chesterton Road or Terrace. It is not true that I attempted to take Mrs. Scott's purse out of her hand. I never saw her purse. I never saw Laws before in my life; I know Newling. When the man that I do not know ran away Mrs. Scott continued holloing out "Murder!" and "Police!" I said, "Shut up—what's the matter!" When I saw the other fellow run away I thought I would run away. I thought to myself, it is no good standing here; I shall only get in trouble. I ran over the bride, and was the only man who did; the other man not in custody decamped to the left. I kept straight on the road. Thacker overtook me. I had not seen him before to my knowledge. Thacker did not say, "Do you show fight." I did not say, "I am f—g well done; God blind me, let me go; I am only after a hit of tommy for the kids." Thacker came up and said, "Hold on a bit." I said, "All right; hold on; what's the matter with your? I aint done no crime"—that is why I stopped. I have never been in trouble with the police in my life. The last few months I have been doing plastering; I have had a bad time just lately; trade had been very bad. I have been a member of the National Association of Operative Plasterers. I am afraid I have run out, but I do not think I am really scratched off the books yet. I am in arrears. When in work I earn 11d. per hour.
To Mr. Warde. I first saw Laws at the Barking Police Station after I was charged. Laws and Newling were never there.
The prisoner Newling did not cross-examine, but stated that the witness saw him in a tram to go home and that the witness had blacked his eye at 10 o'clock.
The Witness. I did black his eye. (To the Judge.) That was in the "Lord Ragaln" at plaistow. He called me a b—liar; we had a dispute over football; we had been to Leyton to see Leyton and the Crystal Palace play. I saw Newling last about 10 o'clock—I put him on a tram to go towards Stratford.
Cross-examined by Mr. Knight. Every operative plasterer who can afford it becomes a member of this association if they are qualified. It is an ordinary trade union. These cards I have produced are old cards. I did not think it was necessary to bring them. Just before this occurrence I had been out of constant work for a month. I had worked for a man named Wheeler, of Wigmore Street, six weeks ago. In January I was working for Hobman's, in Holloway Road. I had worked for him for 12 months—constant work. At Christmas week—short time—I draw £2s. 1d. I had been out of work for a month; I was not well off; I was in arrears with my rent to my sister. I live at 35, Webb street and have done for two years. I have three children. I do not pay any rent—my wife pays that (To the Judge.) She does not work at anything. (Cross-examiniation continued.) I was not looking for means of obtaining money. I went to Martin for work. I wanted work and money. I do not work for nothing. The last man I applied to for work before Martin was a Mr. Guest, clerk of the works to the London County Council—that was several weeks before. Martin lives at the back of Fraser and Fraser's at Bromley. I could not tell you his address. He does not keep a shop or a workshop that I am aware of. I last saw him up in the County Council car works at Bow; he is foreman there. I know how to find his house. I have never written to him. He is a plasterer for granolithic work. I did walk away in the direction that the police have said after my first encounter with the Scotts. I did not walk away in company with the two men, but in company with another man I was walking with from Plaistow Station named Alfred Thomas; he is not here. He went towards his home in the other direction. I bid him "Good-night" and then came back and went over the sewer bridge. He lives at East Ham and is a plasterer. It does not strike me that he may be of some use to me to-day as a witness. I was bred and born in Plaistow and hundreds of people know me there. I saw a crowd of people and a coffee stall and people round it and round this crowd.
(Friday, May 1.)
WILLIAM WOOD , recalled. (Cross-examination continued.) I have been out on bail all night, but I did not think to bring up my latest membership cards. I have inquired for Alfred Thomas, and have him here as a witness. I did not notice Mrs. Scott's Condition as to pregnancy. I did not take the fur off her neck. If she had had it on I must have seen it. I was not quite so cool as I am now
In re-examination the prisoner gave details as to his last places of employment.
ALFRED GEORGE THOMAS . On the night of April 11 I came from Fenchurch Street by train, and I met Wood at Plaistow Station about 12.30. He was in same train, and I met wood at Plaistow and quietly walked down the bridge, and when we got to the corner we saw there was a row. We walked some 50 or 60 yards along and stopped to have two or three minutes' talk. Wood then said to me, "I think I will wish you good night, Mr. Thomas," and I left him on that. I went home to East Ham, and Wood went towards his home, which was up over the sewer bridge.
Cross-examined. Plaistow Station is as near for me as Upton Park of East Ham. I was first asked last night by Wood to be a witness. I did not discuss with him what I should say.
JOSEPH LOWE . I am manager to Messrs. Williams and Son, Limited, Imperial, Soap Works, Stratford. I have known prisoner Wood for the last ten years. I do not know anything to his detriment. He has done a few odd jobs in plastering for me.
Cross-examined. I have known him as a workman, and have seen him about the neighbourhood living close by.
Sergeant GOOSE, recalled, said that when he saw Laws outside No, 2 Webb Street, he asked his mother for money, and she said, "I have just given you six shillings; you cannot have any more to-night."
MATTHEW LAWS (prisoner, on oath). I live at 2, Webb Street, Plaistow. My occupation now is that of a blacksmith—that is the only trade I know I have served eight years and 25 days in the 12th Lancers; I have the Queen's South African medal and four clasps. I was discharged on October 28 last, and my character was "Very good." During the time I was in the 12th Lancers I was working as a shoeing smith at the station veterinary hospital at Umballa, on permanent duty. (The witness's discharge papers were handed in.) I do not know either Wood or Newling. I had never seen them before in my life until this charge was brought against me. There is not a word of truth in what the witness Thacker has said. Up to the time of my being arrested I had never been in a police court before. On this Saturday night I got home at 9.30. I have a brother in the Cheshire Regiment at Bordon Camp, who came home on that Saturday from Aldershot on furlough. On that Saturday night my mother, father, three brothers, one sister, and myself were at home. We had a bit of a jollification which went on until one o'clock, when my father wished me to go to bed. I would not do so, and we almost had a row. I was then in my shirt sleeves and I went out of the house. My mother sent my young brother George for the police then to quiet me. When the policeman, asked my knocked at the door and asked my mother if I was to go in. She said no, I had better go to my aunt's. The policeman, asked my mother for my coat and cap, and I was told to go in and get them, which I did. I asked my mother for some of my own money. She gave me 4s. I went away with the policeman, but did not go very far from the house. I went back again to the house about 1.30 and asked for some more money. My mother sent for two more police-men,
and Sergeant Goose and another policemen came. I then asked my mother in their presence for some more money and she gave me 2s. I then went away with the policemen and they left me outside Plaistow Police Station. I then walked down Barking Road towards Canning Town Station and I turned back again and went back to my mother's house. I put the sky in to open the door and I found that it was bolted; I tried the window to see if it was open and the policeman came up and asked me what I was doing there, and arrested me. I was then taken to the station house and charged with this assault and attempted robbery upon Mr. and Mrs. Scott, who were then standing at the corner of the street about 30 yards away from me. Before I was arrested I had suggestion that I was in the crowd at 12.55 that morning or that I was on the sewer bridge. I have never been that bridge since I have been home. There is not a word of truth in Mrs. Scott's statement that I sprang out or that I ran away. I was not there and know nothing of the transaction.
Cross-examined. I have not been doing any work since I left the Army last October. I have not been loafing about. We had had a jollification, but I was not drunk. I think my parents persistently sent for the police to frightein me more than anything. I am certain it was one o'clock when the jollification ceased because my father said, "Come on, it's one o'clock, you had better get to bed." I saw it was one o'clock by a round American clock on the mantelpiece. I do not know the numbers of the two policemen who first came "my brother George does. I have not inquired for their numbers nor been to the police station about it. They have been reported to Detective Stephens, the man who made inquiries. When I was examined at the station I had 7s. 4d. on me. When I was arrested about 1.25 or 1.30 I had my overcoat on. I put it on twice. I was not covered with mud and dirt. I can account for what was on my coat" it was whitening off the window ledge when I tried to open the window. All this tale about my having been seen at the first row and on the top of sewer bridge is absolutely false.
Sergeant GOOSE said that the amount found on Laws when arrested was 7s. 4d.
MATTHEW LAWS (the prisoner's father), Mrs. JANE LAWS (the prisoner's mother), WILLIAM and GEORGE LAWS (the prisoner's brothers) all gave corroborative evidence as to the prisoner Laws being in the house from 9.30 until after one o'clock, when he went out of the house into the street after the little disturbance with his father. The witness George Laws also deposed to going fetch policemen on the occasions referred to in the evidence of the prisoner Laws.
WILLIAM SIDEWELL . I am a warehouseman living at 4, Webb Street, Plaistow. I know the family of the Laws, who live next door to me. I know the prisoner and have heard him sing. I heard the "jollification" on this Saturday night. I heard singing there. I recogniseds Law's voice. I heard him singing the last time between
10 and five minutes to one. After about one o'clock the singing was over.
Cross-examined. Laws's voice is rather coarse and loud. He sang. "Will you come back to Bombay." You can easily recognise him by his voice.
(Evidence of alibi on behalf of Prisoner Newling.) SAMUEL MEDCALFE. I am a labourer, living at 15, Beddingfield Street, New Town, Stratford. I have seen Newling on several occasions in Stratford. On the night of this occurrence I saw him against the "Swan" pubilc-house; he had got a black eye; I saw he was the worse for drink, and I persuaded his missus to get him home. I told her if she got him home I would go up the lane and see him home. I did so, and went indoors with him about 10 to 11. I left his house between 11 and 11.15.
Cross-examined. I am a labourer at the Great Eastern Works carriage department. I have not been convicted of keeping a brothel.
Newling's missus is not any relative of mine. I am not any relative of the prisoner.
JESSIE ROBERTS . I occupy rooms in the same house as Newling. I remember Newling being brought home by his missus, who undressed him and got him to bed; it was quite 12 o'clock before I left their room. Newling had had a little drop too much. The outside door was bolted on Sunday morning as I had left it on the Saturday night.
Cross-examined. Newling would have had to pass my door to go out of the building and my window as well to go up the steps into the street, I think I should have heard him.
ANNIE ROBERTS . I live in the same homes as Newling. On this Saturday night Newling was half-drunk, and I took him home about 10 o'clock. He was in bed from just before 11 until nine o'clock Sunday morning.
Cross-examined. I and Mrs. Roberts helped undress Newling and put him to bed, because he was "boosy." I pass as "Mrs. Newling" when I am living with him. I am an unfortunate.
Prisoner Newling said that what the witness Thacker said was all lies with regard to the number of times he had seen him.
Verdict: Against all prisoners, Guilty.
Sentence on Wood and Laws, Six months, second division; Newling, Six months' hard labour, a previous conviction having been proved. Certificate of appeal was granted to Laws.
BEFORE THE COMMON SERJEANT.
(Friday, May 1.)
Mr. Walter Frampton and Mr. W. H. Throne prosecuted.
Barker pleaded guilty.
ROBERT POLLEY , 42, Clarkson Road, Walthamstow, hawker. On April 14 I saw Barker, and, in consequence of what he had said, early on May 15 both prisoners came to my house, knocked me up, and asked if I was ready to do the job they wanted me to do. I got my pony barrow ready; they got in and we drove to a field. There was a stack of wood standing at one corner; they went round and brought a quantity of lead on their shoulders and put it on the barrow. There were 12 or 13 pieces like the one produced. One of the prisoners said, "Drive to Leytonstone." We went to the corner of Shernhall Street, when Detectives Phipp and Bradley came into the street. We then went down Albion Road into Wyatt's Lane, when the officers shouted to me and I pulled up. The prisoners were walking at the side of the barrow and motioned me with their hand which way to go. Phipp stopped them and said to Bass, "What have you got there?" I did not hear his answer. We all went to the station and I made a statement. Base said of me, "This man is innocent of this." Sacks were thrown casually over the lead in the barrow, not altogether hiding it.
Cross-examined. I did not hear Bass say, "This man is innocent as much as I am." I saw no blow struck by the detective. In Wyatt's Lane Phipp shoved Bass, but I should not call it a blow.
Detective-sergeant WILLIAM PHIPP , N Division. On April 15, between four and five a.m., I was with Detective Bradley is Shernhall Street, Walthamstow, when I saw Polley and the two prisoners with a barrow. I followed them to St. John's Road and lost sight of them. About 6.30 I saw them coming up Spruce Hill in the opposite direction, prisoners walking by the cart. On seeing us the two prisoners hurried off into Wood Street, the cart going through Albion Road into Wyatt's Lane, where it was again joined by the two prisoners. I took hold of Bass and asked what he had got in the cart. He made no reply. I removed the sacking and discovered a large quantity of lead. I asked Bass how he accounted for that; he still made no reply. Then I said, "you will have to go to the station—all three of you." Bass then said, pointing to Polley, "He knows nothing about if. We only asked him to come and remove it for us; he is innocent; he did not know it was stolen." We took them to the station and charged prisoners with stealing the lead. Bass said, "All right." I searched him and found on him four keys and a 2-ft. rule. There were nine large pieces of lead like the one produced and three or four smaller pieces. When I arrested Bass in Wyatt's Lane he struggled. I did not strike him. I knew him and I said, "You will have to go, Bass." I am sure he did not say of Polley, "He is as innocent as I am." They were charged at four p.m. We were going to charge them with unlawful possession, but, after further inquiry, they were charged with stealing the lead from the Board School. I did not strike Bass in the face. They
were brought up at the police court on the next day, April 16. I was the first witness and was cross-examined by Bass. No suggestion whatever was made that I had struck him either in Wyatt's Lane or at the police station.
Cross-examined. I did not struck Bass.
Detective WILLIAM BRADLEY , N Division stationed at Walthamstow. At about 4.45 on the morning of April 15 last, I was with Sergeant Phipp in Shernhall Street, Walthamstow. We followed a barrow driven by Polley. Barker and Bass were in the cart, Barker sitting alongside the driver and Bass crouched down in the rear of the cart. We followed them to St. John's Road and lost sight of them. We saw them again at 5.30, when they went into a coffee house in Wood Street, about 300 yards from Wood Street Station, where they stayed till six o'clock, the police going off duty at that time. At 6.30 we saw them in Spruce Hill. As soon as they caught sight of us they went the other way towards Wood Street. We followed. polley took the first turning, Albion Road, the prisoners going through Wood Street into Wyatt's Lane, where they joined the cart. We went up to them and asked what they had in the cart. I did not hear what Bass said. We removed the sacking, found a quantity of lead, and took the prisoners and polley to the station, where polley made a statement. Bass said, referring to polley, "He does not know anything about it. We asked him to do some moving." The corner of Fleming Road and Breckenham Road is 300 or 400 yards from Winne's Avenue Schools—there is a piece of waste land between.
Cross-examined. On the first occasion we lost sight of prisoners in Shernhall Street. After seeing them the second time we followed them to the coffee shop.
HOWELL PROSSER , 14, Eastfield Road, Walthamstow, architect to the Walthamstow Urban District Council. On April 15 I accompanied Sergeant Phipp to the Winne's Avenue Schools and saw a number of pieces of lead. I found a quantity of lead had been taken from the roof of the school. I measured the spaces and found they corresponded exactly with the pieces produced. There is altogether about 5 1/2 cwt. taken, of the value of about £10, besides the damage done. The corner of Breckenham Road is about 300 or 400 yards from the schools—there is an open field between.
FREDERICK SCOTT , caretaker, Winne's Avenue Schools, Walthamstow. I live at the schools. It is part of my duty to examine the roof occasionally. On April 11 I went on the roof, which was then in good order. On April 15 I went with the detectives on to the roof and found that from the covering of three windows the lead had been cut away and the places left bare. I was with Mr. Prosser taking the measurements. I examined the lead at the police station and found it corresponded exactly.
Statment of Bass. I am not guilty.
GEORGE BASS (prisoner, on oath). On April 15, at about 4.30 a.m., I left my house in Wood Street and had got as far as Valentine Road when I met Barker. He said, "I was going across the field on Tuesday when I found some lead," and he asked me whether I would come and help him get it away, which I did. I did not know it was stolen.
Cross-examined. I went to Pollely's house with Barker. He knocked Polley up and I stood outside waiting. Polley got the cart ready; we then went to the coffee-shop and then to the field where we got the lead. We got to the corner of Breckenham Road about 6.30. I helped Barker put it in the cart. I saw the lead lying open in the cart. I do not know much bout the value of lead. I used to work for my father, who is a plumber. I am a general labourer by trade and have been a plumber mate. I know a little of the value of lead; certainly I knew the lead we had got was worth money. Barker had told me he had found it—there was a lot of rubbish on the road and I believed him. I should think the piece produced would be worth about 4s. as old lead; it is about 1/2 cwt. I only carried three pieces. I should think there was about 2 cwt. altogether. I do not know how many times Barker went—I went twice. At a rough guess I should think the whole of it was worth about 30s. Barker did not say that he had bought it, but that he had found it. I believed he had found it lying there. At the station I would not give my address on account of my father and mother's name. I gave my name. My father is a plumber by trade. I have worked some years ago as a plumber with him. We never used much lead, only piping.
Convictions proved: On September 12, 1905, Bass was sentenced to three months in the second division for stealing fowls and pigeons, when several convictions were proved against him. Several convictions against Barker were proved for drunkenness and assaulting the police.
Sentence, Barker, Six months' hard labour; Bass, 15 months' hard labour—recommended for the Borstal system.
Mr. Warburton prosecuted; Mr. G. Tully-Christie defended.
AARON MYRANS , 110, Cambridge Road, Bethnal Green, tailor. On December 13, 1907, prisoner had been for about five weeks occasionally employed by me, and on that day, at four p.m., I gave him nine leather-lined motor coats, a pair of leather breeches, and some wool linings (seven of which coats are produced), value £25, which were put on a barrow, and prisoner was directed to take them to the Grapholine Manufacturing Company, 195, Upper Thames Street; they were coats made up by me from materials supplied. Prisoner never returned. I used to pay prisoner one shilling for each job. I
employed him two or three times a week. He had previously taken some coats to the same customer. I identified the seven coats produced at East Ham Police Court on March 16, 1908; £25 is the wholesale value; the retail value would be more.
Cross-examined. I have entrusted prisoner with several parcels, some of greater value than the one in question. Sometimes he brought back bales of cloth. It is about two miles to Upper Thames Street from my place. Prisoner used to stand at the corner outside my place. I would call him in, and he would put the goods on the barrow. He had always returned previosuly, and I never had any fault to find with him.
ROBERT STARK , 195, Upper Thomas Street, managing director of the Grapholine Manufacturing Company. I ordered prosecutor to make for me eight motor coats, to line a lady's coat and to repair a pair of leather for the value of goods, and would send for the materials and bring the goods back. I identify the coats produced as made from my materials. They were to be returned on December 13, but did not arrive.
Cross-examined. My warehouseman has entrusted prisoner with goods and he has delivered goods to me. I did not trust him—I trusted Myrans—prisoner was Myran's servant. On December 13, when the goods did not arrive, I notified the prosecutor. I know prisoner, and if I had seen him in Upper Thames Street should have recognised him.
Detective-sergeamt ROBERT HANDLEY , Bethnal Green. On April 2, at about eight p.m., I saw prosecutor at 110, Cambridge Road, and in consequence of information received took him to 45 Coventry Street, Bethnal Green, where we found the prisoner. I asked his name; he said, "Thomas Williamson." I told him I was a police officer, and was making inquiries about some motor-coats which on December 13 had been entrusted to him. He made no answer. Later I told him I was going to take him to the station on suspicion. He said, "No suspicison—I am the man who was entrusted with them." He said nothing to me about a urinal. I took him to Bethnal Green Police Station, and handed him over to Detective Crookshanks. It was about a quarter of a mile to the police station from where I arrested him.
Cross-examined. I arrested prisoner in his bedroom. I never told him he would be charged with a man named Tayler. I did not mention Taylor's name. Taylor was charged at Chelmsford Assizes with receiving the coats, well knowing them to be stolen; he gave a description to the police of the man he received them from. I cannot produce that; it was not given to me. Taylor was released on bail for six weeks to try and find the man from whom he received the coats; he did not succeed. I did not know where prisoner was living or I should have arrested him before. We had the receiver in custody for three weeks before we discovered prisoner.
Detective STEPHEN CROOKSHANKS , J Division, Bethnal Green. On April 7, at 11 p.m., I found prisoner detained at Bethnal Green Police station. I told him be would be charged with stealing motor coats, the property of Aaron Myrans, on December 12 He said, "Yes, that is quite right. I wheeled the barrow as far as Vallance Road, when I came over queer. I left the barrow and the contents at the top of the urinal and went down. When I came up the barrow was gone." I asked if he had reported the matter to the police. He said, "No" when charged he said, "I know nothing about George Taylor, "
Cross-examined. George Taylor had been mentioned. Prisoner was Charged with being concerned with George Taylor is stealing and receiving those articles. I have made inquiries about prisoner. From 1902 to 1904 he has borne a good character: since then there is no record. He has only been employed casually as a dock labourer and has been away hop-picking. The barrow was found in Limehouse. Prisoner was arrested 100 yards from prosecutor's house.
Prisoner's statement. On the day in question prosecutor asked me to take some work home which I did. Going down Whitechapel Road I was taken queer with pains in my side. I pulled up at the corner of Vallance Road, Whitechapel, and went down a lavatory. When I came up I was surprised to find the barrow and contents gone. I did not exactly know what to do. I did not care about going back to tell the prosecutor I could not find them.
THOMAS WILLIAMSON (Prisoner, on oath). I was employed as casual labourer by the prosecutor about once a week for five weeks, and have delivered goods to Upper Thames Street. On December 13 prosecutor called me and gave me two bundles, which I put on the barrow with the order-book, and covered them with a cloth. As I went along Whitechapel Road I was taken queer with pains in my inside and had to pull up at the corner of Vallance Road with the barrow and go down the lavatory, which is underground. When I came up the barrow and contents were gone. There was no constable in sight. I asked two men if they has seen the barrow: they said they had not. I searched high and low for the barrow for hours. I saw several empty barrows at different places. I was walking round all night trying to find the barrow with my goods in it: them I went home. Since then I have been doing casual labour in the same part of London. I changed my lodging-house a week before Christmas. One day I did very badly and I went round to 45, Coventry Street, and told them I was doing very bad. The landlady said, "Well, you can pack in with my two sons"—so I have been there ever since. I previously lived at Silvester Street, Borough. Conventry Street, is within 100 Yards of prosecutor's house and I remained there doing casual labour untill my arrest.
Verdict, Not Guilty.
BEFORE THE RECORDER.
(Wednesday, April 29.)
HARBIGE, Frederick (23, carman), pleaded guilty of breaking and entering the Wimbledon Steam Laundry and stealing therein therein one cheque value £3 and 12 penny stamps, their property. Sentence, Nine months' hard labour.
FRY, George Morton (37, no occupation), pleaded guilty of obtaining by false pretences from Ralph Joseph Chapman the sum of £1, with intent to defraud; on March 9, 1908, obtaining from Albert Walter Gamage the sum of £4 12s. 4d., with intent to defraud; on March 10, 1908, obtaining from the said Albert Walter Gamage one hat, with intent to defraud; on January 8, 1908, obtaining by false pretences from Arthur Albert Stephens the sum of £5 10s. 5d., the moneys of Messrs. Ainslie Bros., with intent to defraud. The statement of counsel disclosed an extensive system of cheque frauds. Prisoner was stated to be the son of a gentleman who had occupied a very high position. In 1889 he joined a dragoon regiment as lieutenant, but resigned in the following year through debts incurred by betting. Subsequently he served with credit in the Canadian Mounted Police and was superintendent of police in Northern Nigeria. He was also stated to be a member of the Geological Society and a man of considerable attainments, who had been employed in connection with various mining propositions in Russia and Siberia. Sentence, Twelve months' hard labour.