Vol. CXLIX.] Part 887.
CENTRAL CRIMINAL COURT
HELD SEPT. 8TH, 1908, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writer to the Court.
POINTS OF LAW AND PRACTICE
R. F. GRAHAM-CAMPBELL, ESQUIRE,
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
THE ARGUS PRINTING COMPANY, LIMITED,
CORNER OF TUDOR STREET AND TEMPLE AVENUE,
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, September 8th, 1908, and following days.
Before the Right Hon. Sir JOHN CHARLES BELL , Knight, Alderman, LORD MAYOR of the City of London; the Rt. Hon. Sir WILLIAM PICKFORD , Justice of His Majesty's High Court; Sir T. VANSITTART BOWATER; C. JOHNSTON, Esq.; Sir G.F. FAUDEL-PHILLIPS, Bert., G.C.I.E.; Sir J.T. RITCHIE, Bart.; Sir T.B. CROSBY, M.D.; Sir J. KNILL, Bart.; Lieut.-Col. F.S. HANSON, Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, K.C., Common Serjeant of the said City; and His Honour Judge LUMLEY SMITH, K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CHARLES CHEERS WAKEFIELD, Esq.
CENTRAL CRIMINAL COURT
BELL, MAYOR. ELEVENTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, September 8.)
Mr. Forster Boulton, M.P., prosecuted.
Police-constable EDWARD WIGMORE, 347 X. On July 31, about nine p.m., I was on Carlton Bridge, Westbourne Park, overlooking the Grand Junction Canal. I saw the two prisoners walking along the towing-path in the direction of Kensal Green. At 11 p.m. I saw them in Golborne Gardens. James was carrying a sack which appeared rather bulky. The two went into 4, Golborne Gardends. I and Constable Saunders kept observation on the house during the night. At eight next morning I went to the house with Saunders and Sergeant Hambrook. Prisoners were in bed asleep and we woke them up. Underneath the bed I found a large quantity og copper wire in coils. I asked James where he got it from; he said, "You will find out—up the Green." Between the mattress and the bed I found some more wire cut into strips and wrapped in a handkerchief.
Police-constable GEORGE SAUNDERS, 682 X, who was in company with Wigmore, confirmed the evidence of the latter, and added: I asked Thomas where he got the wire from; he said, "The same place as he," pointing to James.
Detective-sergeant WALTER HAMBROOK, X Divion. I was with Wigmore and Saunders on Carlton Bridge at nine p.m. and saw prisoner; at 11 we saw them in Golborne Gardens with the sack. I left Wigmore and Saunders to keep observation on the house prisoners had entered. I went back to the towing-path and found that a lot of telegraph wire had been cut down from the poles. Next morning I went with the two constables to the house and saw them take the wire from under the bed and from between the mattress and the bed. I also found a hatchet which had apparently been used for cutting up the wire.
THOMAS GRANT , lineman, G.P.O. Telegraph Service. I identify the wire produced as the property of the Postmaster-General. On July 31, at six p.m., I tested the lines along the Grand Junction Canal and everything was right. Next morning I found there was interruption, and on tracing it I found that a quantity of wire had been cut from the poles.
ARTHUR HENRY WOOD , engineer in the P.O. Telegraph Service, said that the wire produced weighed 21 lb.; it was about 300 yards. Its value was about 25s. The total wire cut on the night in question was 480 yards. The line affected was one of the most important trunk lines in the kingdom.
Verdict, Thomas Harrigan, Guilty. Previous convictions were proved against James.
Sentence: James, Three years' penal servitude; Thomas, six months' hard labour. The police officers were commended for their conduct of the case.
HENRY RINGHAM, (38, painter), and HENRY HARVEY,(49, labourer), pleaded guilty of forging an endorsement on an order for the payment of money, to wit, a banker's cheque for £5 2s. 3d., and uttering the said cheque, knowing the endorsement to be forged, with intent to defraud; stealing a postal letter containing the said cheque, the goods of Herbert Lampitt; stealing a jacket, the goods of Agnes Lampitt ; Ringham, stealing one blanket and 12 yards of flannelette, the goods of Agnes Lampitt.
Previous convictions were proved against Ringham.
Sentences: Ringham, 18 months' hard labour; Harvey, Six months' hard labour.
JOHN PERCY ROGERS, (29, salesman) , pleaded guilty of forging and uttering, knowing the same to be forged, a paper writing, purporting to be a letter from George Cuppitt Fowler recommending him as a tenant, and a tenancy agreement purporting to be signed by William Richardson, in each case with intent to defraud; in incurring certain debts and liabilties, to wit, a liability to John Wilkins to the amount of £55 and upwards, and a liability to George Cuppitt Fowler to the amount of £78, unlawfully obtaining credit in each case by means of fraud.
Sentence, Six months' hard labour.
PERCY WENTWORTH KEENE,(35, clerk) , pleaded guilty of feloniously forging and uttering, knowing the same to be forged, a certain order and request for the payment of money, to wit, a banker's cheque for £25 with intent to defraud; feloniously forging and uttering, knowing the same to be forged, a certain order and request for the payment of money, to wit, a banker's cheque for £50, with intent to defraud.
Prisoner had obtained a cheque form from the Birkbeck Bank and filled it up for £25, signing it in the name of Ernest Tabernacle, a customer. After he had gone inquiries were made and a watch was kept. Some days later he again went to the bank and obtained another cheque, saying he had left his cheque book at home. He then filled up the cheque for £50 and presented it, when he was given into custody. Prisoner had hitherto borne an excellent character, and it was stated that he and his wife had between them saved a sum of £290, which they had in the National Penny Bank.
Sentence, Nine months' imprisonment, second division.
Mr. Manners, of the Moody-Moaners Opera Company, had employed prisoner to look after the building of some cottages which he was having erected in Hertfordshire. Owing to the large amounts. which prisoner required from him Mr. Manners suspected that there was something wrong, and on visiting the scene of operations discovered prisoner in bed at 10 in the morning and the workmen playing games. Prosecutor stated that he had been defrauded of £300 by prisoner.
Sentence, 12 months' hard labour.
BEFORE THE COMMON SERJEANT. (Tuesday, September 8.)
Sentence, 18 months' hard labour.
HENRY CHALK,(39, barman), HENRY JOHNSON,(23, basketmaker) ; both unlawfully uttering counterfeit coin; both unlawfully uttering counterfeit coin; both unlawfully uttering counterfeit coin, and having in their possession at the time of such uttering, besides the counterfeit coin so uttered, certain other pieces of counterfeit coin; both having in their possession 31 pieces of counterfeit coin, with intent to utter the same.
Mr. Wilkinson prosecuted.
ERNEST PLUMRIDGE , barman, "King and Keys" public-house, Fleet Street. On July 20, at about 11 p.m., Johnson came into the bar, ordered a glass of ale (Id.), and tendered counterfeit shilling produced. I tested the coin with nitric acid, which turned it black. I then handed it to my governor, Mr. Chambers, who bent it with his teeth; I then returned it to Johnson, and asked if he had any more like it. He said, "Plenty." He then tendered a good half-crown and I gave him 2s. 5d. change. He then left. My manager's brother, who was in the saloon bar, followed him out.
Cross-examined. Nitric acid has no effect on a good coin. When I asked Johnson if he had any more like that I did not seriously think he had a pocketful of bad coins.
SEPTIMUS ALBERT CHAMBERS , assistant manager at the "King and Keys." On July 20 Plumridge brought counterfeit shilling produced to my brother (manager of the house), who bent it with his teeth and handed it back. I saw Johnson in the bar, went out, and saw him come out and go in the direction of the Strand. Near Chancery Lane he joined Chalk and another man and proceeded westward. They appeared to be examining something which they passed from one to another. When they got near the "George" public-house, opposite the Law Courts, Johnson left the others and went into the four-ale bar. I then went into the next bar, saw him tender a shilling to the barmaid, and call for a glass of ale. I came out and spoke to a policeman, who was opposite the Law Courts. I then saw Chalk and the third man looking up from the steps of the urinal in the middle of the road. Chalk came out and walked off. I spoke to another officer, who followed him and asked him to come back to the "George," which he did. The constable asked him if he had a friend in the "George," We went in. I went to try and find the third man—he had got away—so I returned to the "George" and found the two prisoners in custody. They were taken to Bow Street via Drury Lane. Opposite the theatre Chalk dropped a number of counterfeit shillings, some of which I picked up and handed to the police.
Cross-examined. When Johnson came out of the "King and Keys" he appeared to be looking for somebody. Johnson did not join Chalk before meeting the other man—they were together. I saw the head and shoulders of Chalk and the third man as they looked out of the urinal. At Bow Street I described myself as a musician. I have since been appointed assistant manager at the "King and Keys" owing to my brother being taken ill.
ROSE SOPHIA MITCHELL , barmaid at the "George." On July 20, at 11.15 p.m., Johnson called for a glass of ale (1d.) and handed me the bad shilling produced. I broke it in the tester and returned it to him, when he handed me a good shilling. He said he was not aware that he bad a bad one. I gave him 11d. change. The police then brought in Chalk, who said to Johnson, "Hullo, are you in trouble?" and said that he had only left him a few minutes back to go home. Prisoners were then taken off.
Police-constable FREDERICK HALES, 352 E. On July 20, at 11.35, p.m., I was on duty in the Strand, when Chambers spoke to me and I went into the "George." Johnson was in the bar. Mitchell told me he had passed a bad shilling in payment for a glass of ale and handed me the broken coin produced. Johnson said he was not aware it was a bad coin. I asked if he had any more. He said, "No, you can search me," which I did, and found 1s. 6d. in silver and 3d. in, bronze, good money. Police-constable Ewin then came in with Chalk. Chalk said to Johnson, "Hullo, old chap, are you in trouble again?" Johnson said, "They say I am trying to pass bad money." Chalk said, "I have known you for years and I do not think you would do a thing like that." I took Johnson into custody and Ewin
took Chalk, and we proceeded to Bow Street. Passing Drury Lane Theatre Chalk threw some bad shillings out of his pocket, which I afterwards saw at the station. Chalk said when the money fell, "There is a hole in my pocket." At the station Chalk handed six bad shillings to Ewin. I then searched him and found nothing on him.
Cross-examined. I did not hear Chalk say of Johnson, "He would not do such a thing intentionally." I heard the coins drop—I do not know whether he threw them.
Police-constable JAMES HUBBARDEN, 342 E. On July 20, at 11.45 p.m., I was on duty in the Strand when my attention was called by Chambers to the prisoner and another man not in custody. They were conversing together outside the "George." Chalk and the third man went into the lavatory in the middle of the roadway. I then saw them peeping up towards the "George." They went down hurriedly, and then Chalk came up the other staircase and hurried up the Strand towards Aldwych. I ran before him and said, "One of your mates is in trouble in the 'George' public-house. you had better come back and speak for him." He said, "What! is he in trouble again? I will come back, governor." He returned with me and we went into the "George," where I handed him over to Police-constable 327 E and went to look for the third man, but lost him.
Police-constable GEORGE EWIN, 327 E. On July 20 I went into the "George" with Chalk. He said to Johnson, "Hullo, mate, what it up?" Johnson said, "Nothing is up—they say I have been trying to pass bad money." Chalk said, "I have known you for several years and I do not think you would do a thing like that." Policeconstable Hubbarden and Chambers came in. I took Chalk to Bow Street, Hales taking Johnson. As we were going up Drury Lane Chalk took 23 counterfeit shillings out of his waistcoat pocket and dropped them down on the outside of his trousers in the roadway. I said, "What is that?" He said, "It is my money. There is a hole in my pocket—it has just dropped." I said, "Well, you had better pick it up then." I and Chambers then picked up 23 bad shillings (produced). At the station Chalk handed me six more bad shillings, including a bent one. Hales searched him, and gave me two more bad shillings from his waistcoat pocket and 15d. in bronze, good money.
Cross-examined. Chalk said, "This comes from doing a pal a good turn. I got them last night from a pal to get rid of and he said he would give me a dollar for doing so." In Court he mentioned about having a parcel, but he did not say that at the station. He did not take the coins from his jacket pocket and put them into his trousers pocket.
WILLIAM JOHN WEBSTER , Inspector of Coins, H.M. Mint. Of the 30 coins produced 15 or 16 are from the same mould; the others are so badly made that I cannot tell. The latter are apparently made by a beginner, the others show more skill.
CHALK (not on oath) stated that a parcel had been given him by a friend to take care of at the "King Lud" public-house on July 19, who promised him 5s. for his trouble, and to meet him the next day; that he had met Johnson casually, and that as their friend did not turn up, they had opened the parcel and attempted to pass some of the coins.
JOHNSON confirmed Chalk's statement.
Detective-sergeant GILLARD stated that Chalk had been employed at the "Seven Stars," High Street, Bow, and had been discharged for drunkenness and for giving drink away to low-class men frequenting the house. In 1903 he had had two months' hard labour for frequenting. Johnson had had three short sentences for stealing money as a barman, and on February 5, 1907, 18 months at North London Sessions for larceny as a servant.
Sentences: Chalk, 15 months' hard labour! Johnson, Four years' penal servitude.
The Common Serjeant commended the witness Chambers for being the means of apprehension of the two prisoners and recommended that he should receive a reward.
WILLIAM DOWNES,(50, painter), and MARGARET HEALEY,(40, tailoress) ; both feloniously making counterfeit coin; possessing a mould for making counterfeit coin; possessing counterfeit coin with intent to utter the same.
Mr. Sands prosecuted.
Downes pleaded guilty. Healey was then tried for possessing.
Detective THOMAS RATCLIFFE, G Division. On August 28, 1908, at 2.30 p.m., I went to the second floor back room at 37, Britannia Street, Hoxton, where I found the two prisoners. Healey said, "My God, what's up? You have come to the wrong house." I replied, "No, I do not think we have. We are police officers and have good reason to believe that you are making counterfeit coins here." Downes, who was then polishing a coin, threw that with the cloth in the fireplace. He then picked up a saucer from the table containing coins and liquid and threw that to the floor. I tried to save it and the liquid burnt my hand. I told prisoners to consider themselves in custody. I picked up four counterfeit shillings from the floor and the cloth and a counterfeit shilling from the fireplace and said, "How do you account for these being in your possession?" Downes said, "I picked them up in the street and was just polishing them up to see if they were any good." I found three unfinished shillings between the mattresses where Healey had been sitting, a ladle and spoon containing warm metal on the fireplace—the fire was alight; under the bed was a black bag containing tools and a box containing nitrate of silver. I asked prisoners to account for that. Downes said, "The metal in that ladle I melted down to make a weight for the clock." I said, "What about the coins?" He said, "I know nothing about them; they must have been there
when we took the rooms." I told prisoners they would be taken to Shepherdess Walk Station and charged with making and possessing coin. Healey said to Downes," If you had taken my advice this morning this would not have happened." When charged, Downes said, "All right"; Healey made no reply. When asked for her name Healey gave the name of "Downes." The inspector questioned her as to whether she was married to the man. She said, "No, but I have been living with him about six or seven years." Downes confirmed that. I found nine counterfeit shillings in the room and two bad sixpences in a waistcoat pocket, and on Downes a good shilling, dated 1907, corresponding in date with the bad shillings. Healey stated that she had only been in the room five minutes, and that she had said to Downes, "What are you doing? If you don't take out them damned things I will put you away myself."
Detective WILLIAM MOULD, G Division. I accompanied Ratcliffe to prisoner's room. In a cupboard on the left of the fireplace I found mould produced for making shillings of 1907, a piece of glass, a piece of zinc, and a tin of grease. The cupboard was otherwise full of rubbish; there was no crockery or household articles. I also found three packets containing resin, plaster of Paris, and powdered red lead; a pair of pliers, stick covered with leather for polishing coins; on the table by the wall a slab of stone with a bath brick, a file, and a piece of rag. When prisoners were asked how they accounted for them, Downes said, "I do not know how the mould came there; the other things I use in my work as a painter." Healey said nothing.
CATHERINE RILEY , widow. My mother keeps the house 37, Britannia Street, Hoxton, and I live there. Prisoners rented the room at 5s. 6d. a week in the name of Downes. They came on Good Friday last and have paid the rent regularly until the last six weeks. Healey is a tailoress, and used to go out to work early in the morning, return at dinner time, and go back to work until seven or eight p.m., except when she had no work, when she would return earlier.
WILLIAM JOHN WEBSTER , Inspector of Coins, H.M. Mint. The nine shillings produced are counterfeit, made from the mould dated 1907 produced. The good shilling produced is the pattern piece. The two sixpences are counterfeit. Some of the coins are well made, other carelessly.
Healey's statement: "I know nothing about it."
—PATTENDICK, of Marks and Pattendick, tailor. Healey worked for me regularly 11 years ago, and she has since worked in the same establishment for whom I make coats. I have known her all through the time, and know she has always worked hard up to the time of her arrest. On the Wednesday before her arrest she was working, and I know she has not had her money for that yet. The night before her arrest I saw her applying for work. During the time I have known her she has borne the character of an honest woman—there is only one fault: she has been the victim of drink and been with drinking companions. At the time she was with me she was a teetotaler. I got her husband, Healey, also to join the Sons of
the Phoenix, but he broke away. He was the most dreadful blackguard I have ever known. I do not know Downes.
Mr. Sands. I accept the statement that she has been working up to now and that her character has been good.
Verdict, Healey, Not guilty . A verdict of Not guilty was also given on the indictment for making counterfeit coin.
Downes was sentenced to Three years' penal servitude.
BEFORE MR. JUSTICE PICKFORD.
(Wednesday, September 9.)
Mr. Eustace Fulton prosecuted.
Prisoner was released on his own recognisances to come up for judgment if called upon.
Sentence, Eight months' hard labour.
Prisoner was released on own recognisances to come up for judgment if called upon.
ELIZABETH JANE OVERTON, (43, nurse), was again indicted (the jury not having been able to agree on two former occasions—see pp. 314 and 573), for using an instrument upon Esther Grover with intent to procure a miscarriage.
Mr. Travers Humphreys, for the prosecution, now offered no evidence, and a verdict of Not guilty was returned.
Mr. Moran prosecuted.
Sentence, Three years' penal servitude.
Verdict, Not guilty. His Lordship desired that every investigation should be made, in view of the fact that the two young girls concerned in this and the previous case were sisters and the difference in the verdicts by the same jury, so that if any mistake had been made in the former case it might be put right.
ALFRED SHEEHAN,(18, polisher) , was charged on the coroner's inquisition with the manslaughter of James Robert Rankin. .The magistrate had refused to convict, and the Grand Jury had thrown out the Bill
The prosecution offering no evidence, a verdict of Not guilty was returned.
BEFORE THE RECORDER.
(Wednesday, September 9.)
ALFRED BRYETT, (33, storekeeper) , pleaded guilty of feloniously and fraudulently mutilating a certain stamp, with intent that use should be made of a part of such stamp. Prisoner was formerly masters clerk at the Islington Workhouse, and defrauded the revenue by affixing only half a stamp to the receipts in the monthly wages book, the mutilation being concealed by a system of overlapping.
When arrested he stated that all the officials of the work-house were "on the make," and this was the only chance he had of making anything. He was given a good character by his father, himself a poor law officer for 37 years, and by the Rector of Poplar and Vicar of St. Gabriel's, Canning Town.
The Recorder, in passing sentence of Six months' imprisonment in the second division, said it would be a disastrous thing, in view of recent disclosures, which showed that corruption was rampant amongst many local authorities, if it could be supposed that any person guilty of systematic fraud of this description could escape punishment.
WILLIAM THOMPSON, (32, labourer) , pleaded guilty of stealing five boxes, containing artificial flowers, the goods of James Lilley and others. Prisoner was on ticket with 350 days to serve and many previous convictions were proved.
Sentence, Three years' penal servitude.
BEFORE THE COMMON SERJEANT
(Wednesday, September 9.)
Mr. Travers Humphreys and Mr. Ernest Boyd prosecuted. Mr. G. St. John McDonald defended.
Police-constable HARRY URBEN, 25 R. I have prepared plan show ing the position of the Red Barracks, the prisoner's house in Airey Street, Ogleby Street, which is half a mile from the "Freemason's Hotel"; also the Military Barracks, the entrance marked "Main Guard," and the main entrance to the Royal Arsenal. The ammunition and carriage branch is a quarter of a mile from the Arsenal gate, and from there to the "Freemason's Hotel" is three-quarters of a mile, the ammunition branch being a mile from the hotel.
ESNEST NAPPER TANDY , captain Royal Artillery and adjutant at the Ordnance College, Red Barracks, Woolwich. Prisoner it employed at the ammunition and carriage branch as messenger. On July 9 I wrote out an order for a new cheque book, which was signed by Colonel Townsend, the colonel-commandant, handed to Sergeant West, and addressed to the bank. On that day it was prisoner's duty at about two p.m. To take letters from the Red Barracks to the Arsenal and call at the bank for the cheque book; he would then return to his work at the ammunition branch, leave at or a little before five p.m. and a six p.m. be on duty at the Main Guard, Royal Artillery Barracks, delivering to the messenger there any letters he had for the Red Barracks. Such letters would be in his custody during the afternoon and should be kept by him in a leather bag hung up in the messengers' room and open to the messengers. I have been adjutant at the College for four years and have frequently seen cheque books come from the bank. During the last year they were always received done up in an envelope. Before that I used not to open the letters. Cheque produced is for £6, signed by "John Scott" in favour of "F. Marks." There is no one at the College called J. Scott. I know of no Captain Marks. There is a messenger called Marks employed at the College at the Red Barracks. The cheque is No. 70042 and has been torn with the counterfoil from cheque book produced, numbered 70001—70050. When a cheque book is received from the bank the cheques are stamped by the chief clerk, "On H.M. Service, Colonel-Commandant, Ordnance College," and the book is kept under lock and key. All the cheques in this book are so stamped. Cheque 70042 has stamped on it, "Ordnance College, 9th July, 1908," and the envelope produced has stamped on it, "Carriage Branch." We have a rubber stamp in the office, "Ordnance College, Carriage Branch," and a variable date, by which the envelope and cheque produced might have been so stamped by one operation if the two were placed together. On July 10 I received information, had the cheque book handed to me by the Chief Clerk and discovered that cheque 70042 had been torn out of it. I communicated with Sergeant Crutchett and took seven messengers in uniform, including the prisoner, to the "Freemason's Hotel." All our messengers wear the same uniform, there being two (the prisoner and Lowe) at the ammunition and carriage branch, five at the College, and one at the gun branch at the Arsenal. When we arrived at the "Freemason's Hotel," five messengers, including the prisoner, followed me into the
hotel, two being behind with the detective. I asked Mrs. Marston, the landlady, if she could identify any of the men. Prisoner was the last of the five, and the moment he came in Mrs. Marston said, "That is the man." I told her not to be in a hurry, but to wait till the others came. The seven were then put in a line and she again said the prisoner was the man. The detective said, "Will you come out and touch him?" She went straight out and touched him on the shoulder. Prisoner muttered, "What—me!" He was taken into custody, taken up to the colonel-commandant and told he would be charged. He protested his innocence; said he knew nothing whatever about it. He sent a messenger to his wife to tell her not to worry as he could clear himself entirely. He sent his week's wages to his wife by me. I received from Brixton Prison letter from prisoner dated July 18 asking if two messengers would stand bail for him, and stating that he was an innocent man, and he thought he could throw some light on the stamping. It is a very illiterate letter. When I received the cheque book on July 10 it was not under cover.
Cross-examined. Prisoner's papers show that he has served 12 years in the Middlesex Regiment, been through the Chitral and South African campaigns, has a medal with three clasps; his discharge is marked "Very good"; he has borne a good character at the barracks or he would not have retained his position. He has from first to last protested his innocence. Messenger Marks is employed at the Red Barracks, as is also Brindley—whom Mrs. Marston picked out first of all. The counterfoil has not been found. There is more than one rubber stamp, but none by which the cheque could have been marked as it is except the one I have referred to, either at the Red Barracks or the Arsenal. The envelope is the ordinary Service envelope generally used. Mrs. Marston was standing in the bar when I went in and I said, "I have got these men here to be identified—where shall I take them?" She indicated the private bar; the five followed me in; prisoner was the last of the five and Mrs. Marston identified him before I could stop her. Marks was one of the two others, and I think Brindley. At the police station Mr. Marston picked out Brindley. The men were afterwards told to fall out and I heard the detective say, "Come here, Swain," and then Marston pointed out the prisoner as the man. The letter I received from prisoner is very illiterate, written with no idea of grammar or caligraphy. Messengers ordinarily leave at five p.m. After the officers have left it is prisoner's duty to clean out three or four rooms. There may have been an isolated case in which a cheque book has come from the bank without cover. I have received one every five weeks or so for the past 18 months; I think I have received every one that has come and they are usually in an ordinary unaddressed bank envelope. No fragment of the envelope has been found. The letter bag would be hung in the messengers' room and the messengers would have access to it for the purpose of putting letters in.
Re-examined. Brindley and Marks take their turn on duty at the ammunition branch; neither of them had any duties there on July 9.
HERBERT JOHN WEST , quartermaster-sergeant, Royal Artillery, clerk in the Administration Office, Ordnance Class, Red Barracks, Woolwich. I received order for cheque book from Captain Tandy on July 9 at 11.30 a.m., addressed it to the cashier, London and County Bank, and it was received by the prisoner at about 1.30 p.m., to deliver in the course of his ordinary duty.
Cross-examined. Prisoner would not know the contents of the letter he took to the bank.
TERENCE HERBERT CLASSIN , cashier, London and County Bank, Woolwich. I issued cheque book produced on July 9 between two and three p.m. On receipt of order produced. The cheque book was put in an envelope, gummed down, but not addressed.
Cross-examined. I issue a large number of cheque books; it is the rule to put them in an envelope—I am sure I followed it in this case. I do not ordinarily address the envelope.
ALFRED STANDING , quartermaster-sergeant instructor, Royal Arsenal Artillery and assistant-instructor carriage branch, Ordnance College. On July 9, from two to 4.15 p.m., I was in my office, where SergeantMajor Doyle has also a desk, on or near which a rubber stamp is kept which impresses the words, "Ordnance College, Carriage Branch," and the date varied by turning a wheel. Cheque and envelope produced could be marked as they appear by that stamp. On July 9, between two and 4.15, the stamp could not have been used without my knowledge. I saw prisoner on that day at 2.5, when he entered my office to deliver letters. Shortly after four p.m. he was in the Instructor's room, adjoining mine. Lowe was also there shutting the window; prisoner was locking the cupboard, which it would be his duty to do when the officers had left. I left at 4.15. I then saw prisoner in the messengers' room—that is quite close to the instructors' rooms.
Cross-examined. On July 9 prisoner would have three rooms to clean—if he cleaned five he must have done the other messenger's work. The stamp is in the custody of Doyle or myself. It is not locked up. After I had left anyone who came into my room might have used it.
FREDERICK CHARLES PRIME , sergeant-major instructor, Royal Artillery, and assistant-instructor in the ammunition branch. Letters from the Commandant would be placed on a table in my room and delivered to the messenger on duty. While cleaning up he would place letters in the bag hung up in the messengers' room. No one except a messenger would go to that bag for a legal purpose. On July 9, from two to 4.30 or 4.45 p.m., I was at work in my office, which adjoins Standing's room. At 4.30 I saw prisoner in Standing's room. Lowe was also in or just outside that room. Five or ten minutes before I left I ordered prisoner to put some arms in an armoury in my office, which would take him about five minutes.
Cross-examined. I left between 4.30 and 4.45. Prisoner had about 30 rifles to put in a rack. He would not have to dust them, but if he did so it would take him more than five minutes. Prisoner would
have to sweep my room up after I left, and he would have two rooms upstairs to clean at some time of the day after they had been used by the officers. I do not know at what time the rooms were used on July 9.
WILLIAM MARSTON , landlord, "Freemason's Hotel." On July 9, about five p.m., cheque produced for £6, drawn by J. Scott, to the order of F. Marks, was brought to me by the prisoner. He said Captain Scott, or Mr. Scott, wanted to know if I would change it, as the bank was closed. I said, "Tell Captain Scott I have only taken the house over yesterday and that I have not sufficient money and cannot change it, but if he wants a pound or two, if he comes himself, I will lend it to him until the bank opens to-morrow." He took the cheque away, returned in about 10 minutes, and said, "Will you let Captain Scott have the £2 or £3 you promised? He is busy and cannot come." I went into our private room and spoke to my wife. She came out and spoke to the prisoner—she went to look at him particular, to see if he was a 'right' un or a wrong 'un. She came back and spoke to me. I went into the bar where I had left the man and found he had gone, leaving the cheque behind, together with envelope (produced) in which he handed it to me. I took the cheque to the police at 8.30 p.m. Prisoner was dressed as he is now. On July 11 I went to Woolwich Police Station to identify the man amongst a row. I picked out first another man; a second after I said, "That is the man; I have made a mistake," and picked out the prisoner. They were still standing in the row.
Cross-examined. On July 9, when the man came with the cheque, I saw him twice and had two conversations with him. It was about five p.m. and quite light. On January 11 I was sent for—no one told me there was a man in custody. Seven men were put up in a row in the prison yard; prisoner was at the end. I picked out Brindley. I never heard the detective call the prisoner out of the line. After I picked out Brindley I looked at them three or four times. It was all done in a second. We have a clock in the bar. I did not look at the time when the man came.
Mrs. MARSTON, "Freemason's Hotel." On July 9, at five p.m., or something like that, prisoner came into the saloon bar. I was Just running through to the telephone and caught sight of him. He asked for my husband and I called him. About 10 minutes afterwards my husband showed me the cheque in the bar parlour. I persuaded him not to have anything to do with it and went out to have a look at the man. He said, "You won't be long, missus, I am in a hurry." I then returned and spoke to my husband. On July 10 Captain Tandy came with a number of men in uniform. I at once identified the prisoner.
Cross-examined at the police court, I said I could not be sure whether the man came at 10 or five minutes to five. I could not say how many men Captain Tandy brought into the bar. I identified prisoner directly I saw him. (To the Jury.) It was light when I saw the prisoner in the saloon bar.
GEORGE FOSSEY , messenger, Ordnance College, Red Barracks. On July 9, at five p.m., I cleared the letter box at the door of the College—there was no cheque book. At six p.m. it was my duty to meet prisoner at the Main Guard of the Artillery Barracks. At about that time he handed me a number of loose letters and cheque book produced. I asked why the cheque book was loose—he said he did not know. I never received a cheque book before without cover.
SAMUEL SMITH , gunner, Royal Artillery, and caretaker, Ordnance College, Red Barracks. On July 9, at 6.30 p.m., I took letters, together with a cheque book, not in an envelope, from the letter box at the main entrance, took them to my quarters, and on the following morning put them on the table of the Chief Clerk. Mr. Tallantyne.
MATTHEW EDWARD TALLANTYNE , Chief Clerk, Ordnance College, Red Barracks. On July 10, at 9.20 a.m., I found cheque book produced on my table. I stamped each cheque, "Colonel-Commandant, Ordnance College." and passed it through into Captain Tandy's room.
Cross-examined. The stamp I used is different to that used on the forged cheque. My stamp is locked in my desk after office hours, which are from 9.30 to five.
Sergeant ALFRED HUTCHINGS, R Division. On July 9, at 8.30 p.m., I received cheque and envelope produced from Marston. The next morning I was present with Captain Tandy when Mrs. Marston identified prisoner out of seven men at the "Freemason's Hotel." I said to prisoner, "I shall now arrest you for stealing the cheque and uttering it with intent to defraud." He said, "I do not know anything about it. I shall not worry; I am innocent." I took him to Colonel Townsend at the Ordnance College, who told him he would be charged. He said, "I should not do that. I have got a family. I can prove my innocence." On the way to the police station he said, "This is got up for me. This was done while my bag was hanging in the messengers' room. Sergeant-Major Doyle has promised that I shall lose my job; he has run me up once or twice." On July 11 he was put up for identification by William Marston, who picked out another man. On July 10, before Mrs. Marston identified prisoner, I was present, when he, with a number of others, were questioned by Colonel Townsend, who asked the prisoner, "Did you deliver a loose cheque book to messenger Fawcett last evening?" he said, "Yes." The Colonel said, "What were you doing? Tell me your duties." Prisoner said, "I came up to the College at 11.30. I went to dinner at 1.30. At 2.30 I went to the bank. I received a loose cheque book. I took it to the Arsenal, put it in my bag, and hung it up in the messengers' room. I left the Arsenal at 4.50 or five and went to tea at Barrier Place. At six p.m. I handed the letters to messenger Fossey. I then offered to take them to the letter box and I took them to the College and put them in the box at the door." The Colonel asked if the cheque book was open when he received it. He said it was. I received letter produced from prisoner on July 14, while he was on remand, containing a statement as to his movements on July 9. At the station prisoner wrote his name and address and other names of witnesses he wished to call on paper produced.
Cross-examined. Captain Tandy had marched five men into the bar of the "Freemason's Hotel," when Mrs. Marston picked the prisoner out—two were then behind with me, one of whom was Brindley—I would not say whether the other was Marks or not. Prisoner said he was innocent. The next morning Mr. Marston endeavoured to identify the man and picked out Brindley. When he touched Brindley he said, "I think that is the man." I am not certain whether I said, "Come here, Swain." Marston then changed his mind and pointed to the prisoner. I had a conversation with Marston when he brought me the cheque. Between that time and when he identified, his wife would tell him she had picked out the man. I am positive prisoner said to the Colonel that he left at 4.50 or five o'clock.
THOMAS HENRY GURRIN , 59, Holborn Viaduct. I have had 23 years' experience as expert in handwriting. I have compared the cheque produced with letters written by the prisoner on July 13 and 18 and paper written by prisoner at the station. The two letters have scarcely any resemblance between them unless they are looked at very minutely indeed. The "S" in his signature is different. In one letter he has made it twice—first with an upstroke and then in a sort of printed form. There are a number of similarities between the prisoner's handwriting and that of the cheque. I have formed the conclusion that they are by the same hand.
Cross-examined. I can only form an opinion. I do not claim to be infallible by any means.
JOHN SWAIN (prisoner on oath). I have been messenger at the Ordnance College, Woolwich, for four years. I was a private for 12 years in the Middlesex Regiment, have served in India, was engaged in the Chitral campaign, at Omdurman, and in South Africa, at the relief of Ladysmith, where I was wounded; I hold two medals and five clasps. I am married and have four children. In the afternoon of July 9 I was sent to the bank with a closed letter and received from the cashier a loose cheque book; I am positive it had no envelope. I took the cheque book straight back to the College and put it, at 2.30 to 2.40 p.m., in my messenger's bag, which hung on a peg in my room. The bag is accessible to others besides myself. I then hung my hat and coat up, went upstairs, swept and cleaned the windows of the officers' class room. I then came downstairs at 4.30, when Sergeant-Major Prime asked me to put the arms in the rack. There were about 28 or 30 rifles of different sizes, which I dusted carefully and put in their proper places; that took about eight to 10 minutes. I then swept out the sergeant-major's room, which is the biggest in the building. Prime and Lowe were then about. Lowe left at five p.m., leaving me cleaning up. I left the building at 5.15 and hung my keys at the gate at 5.20. I walked slowly home, had tea, and at 5.40 left for the Main Guard, Artillery Barracks, where I met Fossey at six p.m. as he stated. On the following morning I went before Colonel Townsend and gave an account of what I had done the
previous day. I cannot exactly say whether I told him the time I left the carriage branch, but I believe I told him I left there at 5 20. I did not leave between 4.50 and five o'clock. I have been servant to Lieutenant Owen. He left to join a different regiment and gave me character produced stating that he could most thoroughly recommend me, dated October 8, 1901. When in India I was employed on special police duty. I have from first to last denied this charge. I did not forge that cheque. I did not go to the "Freemason's Hotel" on the evening of July 9, nor pass there as I went home to tea. I swear I am innocent of this crime.
(Thursday, September 10.)
Cross-examined. The other messengers are Army men of good character and more or less pensioners. I received the cheque book at about 2.30 and went straight to my work at the carriage and ammunition branch from the London and County Bank. I went to the Arsenal first and proceeded to the bank afterwards, because the officers were waiting for their letters. I got to the Arsenal from the Red Barracks at 1.50, and at 2.10 I arrived at the ammunition branch with the correspondence. Sergeant-Major Prime would know I was going to the bank—I told him; I did not tell anyone else. It took me five to eight minutes to go to the bank, and I left there at 2.25, got back to my work at 2.35, went to the messengers' room, took off my hat and coat, hung up my bag, and went upstairs to clean windows till 3.15, swept up the officers' and assistants' class rooms until 4.15. Standing is wrong in saying that I was in Prime's room at four p.m. I came down at 4.30, began to sweep the messengers' room, when Prime called me to attend to the arms. Prime is wrong In saying that I was then in Standing's room; I was not there at any time after 2.50, when I delivered the letters. We all know there is a stamp, "Ordnance College, Carriage Branch," which is kept on Doyle's desk, on the window-sill, or at the little drawing-table in his room. The officers generally leave at 3.30; I could not say if they had all gone at 4.30. I do not recollect seeing Standing after delivering the letters. Prime left at 4.48. He said "Good-night" to me while I was dusting and putting the arms away. I did not see Brown or Brindley that afternoon. Lowe left at five p.m. and said "Good-night" to me. He was with Fitzgerald and they left together. Fitzgerald is messenger in the gun branch. All messengers leave at five, according to the orders. You cannot see from Prime's room into Doyle's room; the doors of both are at the end of the passage; standing at the door of one you could see into the other. I never told Lowe that I had a cheque book in the bag; no one else knew it, so far as I know Fossey asked me why the cheque book was not under cover. I said, "Sometimes we get them under cover and sometimes we do not." If I had received it under cover and found it tampered with I should have reported it at once. This cheque book was given to me not under cover; that has happened two or three times. On July 10 I went before Colonel Townsend at 11.30 before I was taken
so the "Freemason's Hotel"; no one had then told me when the forged cheque had been presented—in fact, I did not know what I was wanted for. It is a mistake to say that I said I left at 4.50 to five. I said "Twenty past five"; I left at that time. For a week or two I had had extra work, which kept me later than five. Prime told me to clean the arms as well as pot them away; I dusted them.
Re-examined. I could not clean the rooms till the classes were over. On July 9 I did it in the afternoon. If I had presented the cheque I should have known what Colonel Townsend wanted me for. (To the Judge.) I got the cheque book at a little after two, having come straight from the Arsenal to the bank; returned straight back to the Arsenal, put it in the messenger's bag hanging on a nail in the messengers' room (which I had not taken to the bank) at 2.40. The next time I touched the bag was when I left at 5.15. (To the Jury.) I get 24s. a week wages, without rations; I have no pension.
GEORGE WILLIAM LOWE , messenger, Ordnance College, Woolwich. On July 9 Fitzgerald and I at five p.m. said "Good night" to prisoner and left him in the carriage branch. He was putting the arms is the arm rack As we left the main gate the clock was 5.5 p.m.
Cross-examined. Five o'clock is my usual time for leaving; there was nothing unusual. On July 9 I was cleaning Doyle's room and Captain Holmes's office from about 4.15; I usually do that after the officers have left; I was in Doyle's room from about 4.30 to 4.45. Prisoner may have come in there; if he had I should have thought he had come in for letters. After cleaning the rooms I went into the messengers' room to clean myself up and then went home at five.
Re-examined. I did not go before the Colonel.
EDWARD FITZGERALD , messenger, gun branch, Woolwich Arsenal. On Thursday, July 9, I left the carriage branch with Lowe at five p.m. I said, "Good night, Jack," to prisoner, and I believe he answered. I did not see him that afternoon. I noticed the time as we left the main gate—5.5 p.m.
Cross-examined. It would be my duty to take letters from the gun branch and deliver them to the messenger on duty—the prisoner; on July 9 I had none, so I said "Good-night" to prisoner and left.
Re-examined. I was not spoken to about this matter until last night.
MARY SWAIN , wife of the prisoner. On July 9 prisoner came home between 5.30 and 5.40 p.m., had a cup of tea, and left home to collect the letters. That is his usual time when on the duty he was doing.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, September 9.)
HENRY BULLION,(27, labourer) , pleaded guilty of breaking and entering the warehouse of the London County Council with intent to steal therein; steeling divers handkerchiefs and other articles, the goods of the London County Council; having been entrusted with certain property—to wit, the sum of £1 11s., in order that he might apply it for a certain purpose, did unlawfully and fraudulently convert the same to his own use and benefit and thereby did steal the same.
Three previous convictions, with short sentences, were proved.
Sentence, 15 months' hard labour on each indictment, to run concurrently.
JOHN THOMPSON, (46, labourer) ; forging and uttering, knowing the same to be forged, certain orders for the payment of money—to wit, two cheques for £67 and £37 10s. respectively, in each case with intent to defraud; stealing one cheque book, the goods of Seymour Bushe; feloniously receiving the same, well knowing it to have been stolen; obtaining by false pretences from Edward Mason Leite three rings and other articles, with intent to defraud.
Prisoner pleaded guilty to all but the stealing of the cheque book. He also confessed to a conviction at Newington on April 17, 1907, for obtaining money by false pretences. The two cheques which had been forged had come from the cheque book, which had been stolen from a bag belonging to Mr. Seymour Bushe, K.C., at Waterloo Station.
Sentence, Three years' penal servitude on each indictment, to run concurrently.
An order was made for restitution of the three rings and £8 found on prisoner.
FITZGERALD, Herbert (22, carpenter) , pleaded guilty of stealing 10 packets of chocolates and the sum of 3s. 6d., the goods and moneys of Arthur Cousens ; stealing the sum of 5s., the moneys of Michael Manzi ; stealing the sum of 8s. 6d., the moneys of John Sharp ; obtaining by false pretences from John Sharp the sum of 8s. 6d., with intent to defraud.
Six previous convictions were proved for larceny.
Sentence, 15 months' hard labour on each indictment, to run concurrently.
Mr. W.H. Sands prosecuted.
ISAAC SOLOMONS , 11, Fairclough Street, Whitechapel, furrier. On August 10, at 11 o'clock, I was in Whitechapel Road with two friends of mine, Jack Feldon and Jack Davis. I was walking on the pavement close to the road when prisoner dashed from behind with a bicycle. This was just by Whitechapel Church. I turned round and asked prisoner what he meant by it. He was wheeling the bicycle along the pavement. He said, "What's the matter with you?" I said, "Nothing." Then he dashed his fist into my temple. I shaped up to defend myself, when another man rushed up and held his
bicycle, saying, "Go on, Bill." When I saw there were two men I started to run. When I got to the middle of the road I turned round and saw prisoner following me. When he was about six yards off he took from his breast pocket a revolver and fired at me. He was on the kerb and I was on the tram line. The bullet buried itself in the ground about an inch from my heel. Prisoner then flung the revolver away.
To Prisoner. One shot was fired.
JACK FELDON , 15, Fairclough Street, furrier, said he was with the last witness on the night in question with another man, when he saw Solomons go up and ask prisoner what he meant by running into him. Witness saw prisoner strike Solomons and draw a revolver. He then saw the flash and heard the report and saw a friend of prisoner's, who looked a bit dangerous, so he said to Solomons that he had better run, which he did. He saw prisoner point the revolver at Solomons. He then threw it over to his friend. Previously the latter had said, "I can hold your machine; you can go for him, Bill." After the shot was fired witness walked up to prisoner, but the constable then arrested him (prisoner).
Police-constable WILLIAM BRISTOW, 63 H. On August 10, about 11 o'clock, I heard a revolver shot. I ran up and had a revolver handed to me by a lad. The cap was down, and there were three discharged cartridges and two loaded. The tram lines would be about two yards from the kerb at the place where the shots were fired.
Police-constable EDWIN CHALK, 304 H. On the night of July 10 I was on duty in Whitechapel Road, when I heard a report, and on going in its direction I saw prisoner about to mount his bicycle. The bystanders shouted "Stop him, he has been and shot someone." I stopped him; then the prosecutor came up and said, "He has shot at me." Prisoner said, "Me shot him? Let me go, I haven't shot him." I took him to the station, and on being charged he made no reply.
GEORGE LONG (prisoner, on oath). I was riding along White-chapel Road on my bicycle, when I saw a crowd of people on the right of me. Of course, I rode over and got off the machine to see what was the matter. Before I had time to do the latter the mob started fighting and the three witnesses bashed against me and just on knocked me and my bicycle over. I asked what was the matter with them and the first witness punched me. I held my bicycle with my right hand and punched him with my left. Then the other two came and set about me, punching me on the back of the head and in the ribs. I tried to get out of it; then the officer came. I was going to give them in charge, when the mob which was fighting fired a revolver.
Cross-examined. I was not wheeling my machine on the pavement. There were about 11 or 12 in the mob. The prosecutor and his
friends did not speak to me at all. They attacked me without provocation. I did not see who fired the shot; I believe it was meant for me. I told the policeman I was assaulted. He said, "Come to the station." I was not mounting my bicycle when I was arrested. I did not hear the crowd call out "Stop him!" I had come from my mother's on that night and was alone. I never saw the revolver till the next morning. I have never had one.
WILLIAM BRISTOW , recalled. I went on duty at nine o'clock that night. I was about 40 or 50 yards off when I heard the shot. I did not see any fighting before the shot was fired. Prisoner was on the left-hand side of the road, going eastward. I never saw any bicycle.
Verdict, Not guilty
The alternative charge of unlawfully assaulting the prosecutor was not proceeded with, as the Jury said they had formed the opinion that prisoner did not fire the shot.
CHARLES EDWARDS, (26, stoker), and ANTONY MARINI, (24, pavior) , pleaded guilty of stealing one parcel containing six shirts, the goods of Richard O. Mash, and one parcel containing 251/2 yards of cloth, the goods of John Foster.
Against Edwards a conviction on February 26, 1906, for burglary was proved. It was stated that he was continually in and out of prison and an associate of well-known criminals. Marini had received nine months' hard labour at Manchester on February 7, 1906. He had several times been convicted at a rogue and vagabond.
Sentences: Edwards, 18 months' hard labour; Marini, 12 months' hard labour.
CHARLES HARRIS, (44, no occupation) ; stealing four watches and one chain, the goods of Walter Ellis ; stealing two dressing cases, one trunk, and other articles, the goods of Gertrude Blanche Pryke ; stealing one ring, the goods of Rowland Hannah, and two rings and one pin, the goods of Spiers and Pond, Limited.
Prisoner pleaded guilty to the first two indictments, but not guilty to the third, namely, stealing three rings and one pin. On this indictment he was tried.
Mr. Sydney E. Williams prosecuted.
ROWLAND HANNAH , 72, Rectory Road, Manor Park, assistant jeweller to Spiers and Pond. On June 20 prisoner called and selected some rings to be sent on approval. I accordingly took two diamond rings and a diamond pin to 42, Harrington Gardens. The value of the goods was £60. Prisoner met me at the door and asked me upstairs, where I went. Then he made some excuse that his wife was out motoring, and asked me to wait, which I did for some time. He asked me to have a drink, but I said no. He then ordered tea to be sent up, and I had a cup, after which I do not remember anything for a considerable time. When I came to I found that prisoner had gone and the jewellery too, also my own ring off my finger, value £12. A maid brought the tea; I could not see who poured it out.
To Prisoner. On the day in question I was going into the country. I left Cannon Street by the 8.20. I went from Gloucester Road first, then to Blackfriars Station to get my bag. I was there for about three-quarters of an hour. I could not say when I left Harrington Gardens. I left the place at Queen Victoria Street about three and arrived at Harrington Gardens about 25 to four. One of the maids opened the door; you were in the doorway. It was a pot of tea and two cups that were sent up. I brought an appro' note with the jewellery. You did not ask me to make out a bill. I have not the faintest idea how long I waited for your return. When I found you had disappeared I went on the landing and asked the maid for the landlady. She said Miss Roberts was the landlady. I told the latter that I had brought some jewellery. I may have told her that I had had some tea and felt ill in consequence. I did not ask for a doctor. I noticed nothing peculiar about the tea. You had some tea; I do not know whether you had a full cup. I very seldom wear my diamond ring; when I do I wear it on the small finger. (The ring was produced and tried on by witness, whose fingers it fitted very loosely.) It would not go on the second finger. I showed you two rings and a pin. I could not swear to the cases in which they were. I told the landlady and maid that I must have been drugged.
Re-examined. Prisoner tried to ring the bell for the tea but it would not answer, so he called over the bannister.
—RICHARDS, assistant to Davison and Son, 81, Walworth Road, pawnbrokers, identified the pin as being pawned with them on June 20.
CECIL PARSONS . I found the contract note (produced) at 10, Eversleigh Road, Lavender Hill, where prisoner was living. I was keeping observation there and saw prisoner come out in the morning of July 24. He was subsequently arrested. The note is for two diamond rings pawned with Mr. Sutton for £23.
EDITH ROBERTS , 42, Harrington Gardens, S.W. I let suites of apartments, and on June 20 I let some rooms to a person calling himself Sir Thomas Esmond and a Member of Parliament. I could not recognise him. He said he wanted them for himself and brother. He went out soon after and returned later. Another person called after lunch, which I thought was his brother, but heard afterwards that it was not. I believe lunch was sent up to the occupier, but that is not my province. I was informed that someone had left the house during the afternoon, and when I heard that Sir Thomas Esmond had left I went into the drawing-room and saw a young man. I did not observe his condition tat first; he had his back to the light. When I told him that the gentlemen who had taken the rooms had gone I noticed he was very agitated. Sir Thomas never came back to my knowledge; he never paid me.
To Prisoner. I was at the top of the house when the jeweller's assistant came, and had nothing to do with him. I should think it
was about half past four when I ascertained that you had left the house. The young man in the drawing-room was Mr. Hannah. He told me he was waiting for Mr. Esmond, and that he had brought some jewellery for the latter's wife. I told him that was not his house and that he had gone. I do not know anything about when the tea was sent up; I had nothing to do with the catering. Mr. Hannah never mentioned what kind of jewellery it was. He did not say that a ring had been stolen from his finger. He did not tell me that he had been drugged. I could not say when he left the house.
SARAH PALMER , housemaid to last witness. On June 19 prisoner came and engaged rooms for Sir Thomas Esmond and his brother, and on the following day he came about 12.30 in a carriage and pair. I took lunch up to him. Afterwards a young man came to see him, I should say about three o'clock. Sir Thomas (prisoner) was at the door when he came. Sir Thomas rang for two tumblers, and also for some hot water, which I took to his bedroom, where he was. He then rang the bell for tea, which the other maid took to the drawing-room. I saw prisoner again on the landing, when he asked me not to clear away the tea as he expected his brother. About an hour after this I went into the drawing-room where I saw the young man, who asked if Mr. Esmond was in. I told him he had gone out. Then he asked to see Miss Roberts. He looked very bad.
To Prisoner. It was on the 19th, the Friday, that you came to see the rooms, but you arrived on the 20th. I could not say exactly when Mr. Hannah came. I cleared the tea things away. I was not with Miss Roberts when Mr. Hannah said he had been drugged, but he said to me that he thought he had been drugged. When I brought the tumblers up you asked Mr. Hannah if he would have a whisky and soda, and he said no. The table on which I placed the tumblers was only about two yards from the door. I think it was between five and six when Mr. Hannah left the house. He did not complain of feeling ill in consequence of having taken the tea. (To the Judge.) I came away when Miss Roberts was called to Mr. Hannah.
Prisoner before the magistrate had nothing to say.
drugged. There are also discrepancies in the times given by Miss Roberts and Sarah Palmer, which shows that the evidence is not convincing. This jewellery would never have been recovered except for my voluntary statement; when the police came to me and asked about the duplicate note for £23 I said the rings were from Spiers and Pond's.
Verdict, Guilty. Prisoner confessed to a conviction for felony at this Court on July 25, 1904, when he received five years' penal servitude for obtaining jewellery in exactly similar circumstances. He had a ticket-of-leave unexpired. In 1898 prisoner had received three years' penal servitude, and in 1896 12 months' hard labour, the latter for exactly the same offence as this. A bag of prisoner's was produced in Court which had a lining of leaden plates to make it appear heavy, and an arrangement which gave it a bulky appearance when shut. Prisoner said it was a patent which he took out some years ago, and that it was not, as it appeared, for the purpose of deceiving hotel proprietors.
Sentence, Five years' penal servitude. An order for restitution was made.
BEFORE MR. JUSTICE PICKFORD. (Thursday, September 10.)
ELLIOTT, Ernest Frederick (35, signwriter) , was charged on two indictments with committing wilful and corrupt perjury; firstly, in an affidavit sworn by him in the action of Bowen and McKechnie v. Elliott, and secondly at the trial of the same action.
Mr. Muir, Mr. Travers Humphreys, and Mr. Boyd prosecuted; Mr. Atherley Jones, K. C., M. P., and Mr. A. D. Hutchinson defended.
ALFRED FREDERICK CHURCH , solicitor and commissioner for oaths, 151-2, Fenchurch Street. The affidavit produced was sworn before me on July 14. I cannot identify the deponent, but I remember that he was accompanied by his solicitor, Mr. Sorrell, whom I knew.
JOHN FRANCIS THOMPSON , managing clerk to James Mellor and Coleman, 12, Coleman Street. My firm acted for Bowen and McKechnie in their action against prisoner. The writ was issued for £119 19s. 9d., being £100 on a promissory note and £19 19s. 9d. balance of account for goods sold and delivered. On an application for summary judgment under Order XIV., prisoner filed an affidavit declaring that the promissory note sued upon was a forgery; leave was given by the Master to defend as to the £100. The plaintiffs appealed to Mr. Justice Bray in Chambers. At the appeal Mr. Justice Bray told prisoner to look at the note and say whether,
knowing that what he said might get him into gaol for a period of years, he still declared that the signature was not his. Prisoner took the note, and absolutely denied that the signature was his. Mr. Justice Bray ordered the action to be tried as a short cause, and it came before that judge and a common jury on July 28. The Judge then asked prisoner to compare the note with other signatures, and again warned him, and he again said that he had never seen the note or signed it; the Judge asked him if the signature was a good imitation; he said it was a splendid imitation; he added that if it was his signature it must have been obtained by a trick. Asked if he could have forgotten it, he said he did not think he could have done so
Cross-examined. Prisoner has never denied that he owes Bowen and McKechnie the £100 under an agreement of even date with the promissory note.
HERBERT WILLIAM SEXTON , traveller to Bowen and McKechnie, wine and spirit merchants, Cross Street, Finsbury. I know prisoner as having an off-licence business at 65, High Street, Walthamstow, and had often called upon him for orders. On May 5 he asked me if my firm lent money; he said, "I want £100; if your firm will lend it to me I shall do all my trade with them." I suggested that he should see my principals, and I understand he did so. I received from them the promissory note and agreement produced. I took these to prisoner on May 22; he signed both documents, taking a copy of the agreement, and I gave him my firm's cheque for £100.
Cross-examined. The promissory note was payable on demand. The agreement provided for payment of the £100 by monthly instalments of £5. If prisoner had kept up his instalments the note would not have been acted upon. When I called on him for payment of his last current account and one instalment under the agreement, he told me that he found he had been swindled by the firm from whom he had purchased the business, that he was in negotiation with Whitbread's, the brewers, to get released from the house, and that mean-time he was advised by his solicitors to make no payments to any-one. He has never repudiated his liability to pay the £100.
WILLIAM IVESON , manager, London and South Western Bank, Walthamstow branch. Prisoner's account at my branch shows payment in of prosecutor's cheque for £100 on May 23rd; the endorsement on the cheque is in his writing. To the best of my belief the signature to the promissory note is also his.
Cross-examined. In all our transactions with prisoner we have found him perfectly straightforward and businesslike.
Sergeant HAIGH, N Division. On August 15 I saw prisoner at Stratford Petty Sessions Court, where he was for the purpose of transferring his licence. I showed him the warrant I had for his arrest on this charge; he said, "All right, I shan't try to run away;
let me get the transfer through." I allowed him to complete his business, and then took him to the station, where he made no reply to the charge.
Mr. Atherley Jones submitted that the act upon which the perjury was alleged must be deposed to by at least two witnesses. Here the overt act, the execution of the promissory note, was proved only by Sexton. "Some one or more of the assignments of perjury must be proved, either by two witnesses, or by one witness with proof of other material and relevant facts substantially confirming his testimony" [Archbold, 23rd edition, p. 1, 061.] The evidence of Iveson that "to the best of his belief" the signature on the promissory note was that of the prisoner, was a mere expression of opinion, and not sufficient corroboration of Sexton.
Mr. Justice pickford said the evidence of a person, who knew the handwriting of the accused, that a certain signature was in that handwriting, was evidence that it was the handwriting of the accused; the value of the evidence was for the jury.
Mr. Atherley Jones. I submit not. It is for your lordship to say whether that partakes of the quality of corroborative evidence on the charge of perjury. A mere expression of opinion cannot be proof of some "material and relevant fact."
Mr. Justice Pickford held that Iveson's evidence was sufficient corroboration to justify the question of fact being left to the jury. Apart from this, a sufficient answer was to be found to Mr. Atherley Jones's submission by a reference to Denmans Act (28 and 29 Vic, c.18, s.8): "Comparison of a disputed writing with say writing proved to the satisfaction of the judge to be genuine" (he was satisfied that the agreement was genuine) "shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute."
Sentence, Four months' imprisonment, second division.
HENRY POWELL,(39, instrument maker) , indicted for the manslaughter of Walter Smith, pleaded guilty , under great provocation." He was released on his own recognisances in the sum of £50 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Thursday, September 10.)
WILLIAM MOORE, (16, errand boy) , indicted for feloniously and maliciously throwing at a certain engine used upon the East London Railway a piece of concrete, with intent to injure Frederick Charles Leeks and another person on the said engine, pleaded guilty to unlawfully throwing the concrete.
Mr. J.P. Grain, prosecuting on behalf of the Great Eastern Railway Company, who have running powers over the East London line, said the practice of boys throwing stones at passing trains, always dangerous, had in this case resulted in very serious injuries to the fireman, Leeks, who was struck in the forehead by a piece of concrete thrown by prisoner from an embankment some 30 ft. above the engine.
Mr. Louis Green asked the Court not to send the boy, whose parents are respectable, to prison.
The Recorder. What is to be done with him? Is he to walk away as if nothing had happened? If his father would give him a good flogging, that would be the best way out of the difficulty, but that is not done now; it has gone out of fashion. Boys are allowed to do what they like. Then they are brought here charged with these offences, and then a passionate appeal, an eloquent appeal, or a pathetic appeal, is made to the judge not to send them to prison because it will ruin them for life. How long has he been in prison?
Mr. Green. Not at all.
The Recorder postponed sentence until next Session, prisoner to remain in custody.
ROSE KIDD, (36, servant) , pleaded guilty that having been delivered of a child she did, by a secret disposition of the dead body, endeavour to conceal the birth thereof. Prisoner was in service at the time of delivery, and according to her statement the child was born dead and she made away with the body by burning it in the copper fire.
Sentence, Three days' imprisonment, entitling her to be at once discharged.
THOMAS GEORGE STEEL(electrician), , indicted for stealing one book of 50 cheques, value 4s. 2d., the goods of the London and South-Western Banking Company ; obtaining by false pretences from James William Lee the sum of £5, his moneys, with intent to defraud, pleaded guilty to stealing the fifty cheques. Sentence was postponed until next Session.
JAMES BANCROFT, otherwise George Wilson (25, stoker), and HARRY COLLINS, otherwise Marsh (32, porter) ; both robbery with violence upon James Perkins, and stealing from him one gold chain, one gold cigar cutter and other articles, his goods. Bancroft pleaded guilty to robbery without violence.
Mr. Roome prosecuted.
FREDERICK GUNNER , plain clothes patrol, City Police. On August 14 I was in the Minories about 2.45 p.m. with Detective Butcher. I saw prisoners, who were walking from the direction of Whitechapel and were chatting together. We followed them. They walked through various streets into Lower Thames Street. I had seen Collins about on two different days in the neighbourhood of Billingsgate. Prisoners went into St. Mary-at-Hill and turned again into Lower Thames Street, walking really in a circle. They spoke to two men not in custody, and remained in conversation with them several minutes before they started. The two men not in custody went into Love Lane while Bancroft and Collins went up St. Mary-at-Hill through Church Passage into Love Lane and so into Eastcheap. There they met the two men they had previously left. All four then walked together down Fish Street Hill into Monument Street. The two men not in custody remained in Monument Street while Bancroft and Collins went through Arthur Street East into King William Street, where they remained for several minutes and then returned
to Monument Street and joined the other two men. The four walked together down Monument Street, Collins and Bancroft subsequently crossing to the south side. When they reached Love Lane they recrossed to the north side of the street and by Love Lane they saw Mr. Perkins on his way to his office in the direction of the Tower. They recrossed the road and Collins placed himself on the left-hand side of Mr. Perkins and Bancroft on his right. Bancroft then placed his left hand over Mr. Perkine's left shoulder and with his right pulled at his watch chain and made off with it up Love Lane. I saw the chain and trinkets in his hand. I followed Bancroft up Love Lane into Botolph Lane, where he entered a coffee-shop. The other two men were three or four yards behind. Bancroft immediately on entering the coffee-shop turned round and made as though he was just leaving it. I had previously blown my whistle. I said to him, "I am a police officer and shall arrest you for snatching a gentleman's chain." He said, "What is this for? I have not got it." I then took him to the station where he was charged and made no reply. Nothing was found on him. Collins was quite close to Mr. Perkins at the time of the robbery—almost touching him. I did not see Bancroft pass the watch to anybody, but he had plenty of chances of passing it to Collins or he could have thrown it back to the other two men. The streets at that time are not very full—business at Billingsgate Market being practically over.
Detective GEORGE BUTCHER, City Police, gave corroborative evidence and spoke to seeing Collins about in the neighbourhood on two previous occasions so that he knew his face. Prisoners walked down the Minories, across Tower Hill into Tower Street, through, St. Dunstan's Hill into Idol Lane, then into St. Dunstan's Hill again, into Lower Thames Street, along Lower Thames Street to (St. Mary-at-Hill, then doubled back a few yards and met the two other men. After conversing with them for some little time they left them and went up St. Mary-at-Hill, Church Alley, into Love Lane and thence into Eastcheap, where they again met the two other men. All four walked along Eastcheap down Fish Street Hill to Monument Street, where the two prisoners again left the other two, walked through Arthur Street East into King William Street where they remained for a minute or so. They then returned to the other two men and all four walked down Monument Street, the two men not in custody on the north side and prisoners on the south side. When nearly opposite Love Lane prisoners again crossed the road and Collins placed himself on the left-hand side of the prosecutor, Bancroft on the right, and both continued to walk behind him. The next thing witness saw was Bancroft rushing away from Mr. Perkins. Collins placed himself in front of Mr. Perkins and remained there for a few minutes until Gunner blew his whistle. Then Collins started to run down Monument Street into Lower Thames Street, but before he got there witness arrested him. He said, "What is this for?" and witness replied, "I will tell you when you get to the station."
been taking luncheon and was walking leisurely down Monument Street and at the lower end of Love Lane I was seized by somebody—I do not know by whom—at the back of my neck, giving me a severe squeeze. At the same time my coat was opened and my watch-chain dragged away, not carrying the watch with it but all the appendages. I was too stunned to know much about it. The charms attached to the chain were a cigar-cutter, seal, compass, and so on, mostly of gold. I felt the grasp on my throat for three days. It was done so suddenly I could not see who my assailant was. There was a rush of police and a crowd of about 200 people rushing up Love Lane. I knew nothing more until I was told that two men had been captured by the police and taken to the station in the Minories. I am in my 79th year. I was present when prisoners were searched. Nothing was found upon them. In my waistcoat pocket there was the watch intact, but no sign of chain or charm. I did not know either of the men.
Prisoners, called on for their defence, denied all knowledge of each other and denied that they were in each other's company.
Two other indictments against prisoners were not proceeded with. Both confessed to previous convictions.
Sentence: Each prisoner, Five years' penal servitude.
WILLIAM PAYNE, (40, dealer), and HANNAHM McCARTHY. (53, charwoman) ; unlawfully and knowingly inciting Lewis Northman to compound a certain felony, that is to say, John McCarthy did feloniously steal from the person of the said Lewis Northman one watch, one chain, and one matchbox, his goods, and the said William Payne did unlawfully request the said Lewis Northman to desist from further prosecuting the said charge of felony, and to receive from the said William Payne the property as reward to compound the said felony and desist from all further prosecution against the said John McCarthy; inciting Lewis Northman to compound a certain felony committed by one John McCarthy.
Mr. Beaumont Morice prosecuted.
LEWIS NORTHMAN , dealer. Lever Street, Goswell Road. On the night of Saturday, July 18, I had a watch, chain, and matchbox stolen from me. On the following Monday I prosecuted a man named John McCarthy, son of the female prisoner, for the theft at Old Street Police Court. He was caught in the act. I held on to him as he ran sway. While I was waiting to give evidence outside the court the female prisoner came up and asked me if I was the young man who had had my watch and chain stolen on the Saturday night. I said, "Yes." She said, "If you get your value back you will go away and won't be hard, young man—not prosecute?" I said, "If I get my watch and property back whole." She then went away and returned about 10 minutes afterwards with the male prisoner, who handed me my watch and chain, but not the matchbox. I made a grab at him, but he ran away. I subsequently informed the police.
The same night I identified prisoner from amongst ten other men at the police station, Shepherdess Walk. John McCarthy was convicted of the theft at the North London Sessions.
Detective THOMAS RATCLIFFE, G Division. About half-past eight on the evening of July 20 I was in Cable Street with another officer and saw the man Payne. I told him we were police officers and were going to take him into custody on suspicion of being concerned with John McCarthy in stealing a watch and chain in the City Road on the previous Saturday night. He said to me, "I know nothing about it. I do not know John McCarthy." When he was charged he said, "What am I being charged with?" I said, "I have already told you once," but I repeated the charge to him. He said again, "I know nothing about it. I do not know John McCarthy." At the police court he said he did not know anything about it. The magistrate dismissed the charge and directed that he should be charged with compounding a felony. I preferred the charge of being concerned with John McCarthy from information I received as to him being associated with him. Prosecutor failed to identify McCarthy, but he identified Payne as the man who had handed him the watch. Later on I told the female prisoner I was a police officer and should arrest her for being concerned with the two men in receiving a watch and chain. She said, "I was standing outside the court. A man asked me to go and ask another man if it was him who lost the watch and chain. I asked him and he said, 'Yes.' I asked him if he got his watch and chain back would he be satisfied and he replied, 'Yes,' he would take the watch and chain back. I went back to the public-house and told the man what he said and the man came across the road and this man (pointing to prosecutor) took the watch and chain. I do not know who the man is." She was charged and replied, "I know nothing about it." That charge was also dropped and she was directed to be charged with Payne with compounding a felony.
MCCARTHY, called on for her own defence, said she was 53 years of age and had never been charged before, and asked for mercy as she had been trying to help her son.
PAYNE said he was standing outside Old Street Police Court when the watch and chain were handed to him by two men, who said prisoner could return it to prosecutor if he liked, and if he did not do so they would sell it.
Verdict: Both Guilty. Nothing is known against the female prisoner, but Payne has been many times convicted.
The Recorder thought that the man who stole the watch and chain being the female prisoner's son, there was excuse for her, and he would sentence her to three days' imprisonment, entitling her to immediate discharge. McCarthy must be imprisoned for 12 months without hard labour, as there was no power to order him hard labour.
Mr. Beaufoi Moore and Mr. L.A. Lucas, for the prosecution; Mr. A.C. Fox Davies defended.
WILLIAM HALL , 9, Lawrence Road, Enfield Highway, Venetian blind maker. On August 18 I went on my bicycle to Wood Green Library, where I left the bicycle in the entrance. I was inside about half an hour, and when I came out the bicycle was missing. I made inquiries, and subsequently gave information to the police. Next day I saw prisoner riding my bicycle at Wood Green about half past 10 in the morning. I identified it by the mud guard covers and the turned up bars as prisoner was riding towards me. I asked him how he obtained the bicycle. He said he bought it of a man named Mitchell in Seven Sisters Road; immediately afterwards he said Holloway Road. I then asked him how much he gave for it, and he said 35s., and that he bought it on the previous day, the 18th. I gave him into custody. The value of the bicycle is £3. When I stopped prisoner he made no effort to get away.
Police-constable WILLIAM WHITEWAY, 563 Y. On August 19 I was called by last witness to take prisoner into custody, who it was stated had stolen prosecutor's bicycle. I asked prisoner how he obtained it, and he said he bought it of a man named James Mitchell, first he said in Holloway Road, and afterwards Seven Sisters Road. I asked him where James Mitchell resided, and he replied, "I do not know; somewhere in the vicinity of Holloway." I asked him how much he gave for the machine, and he replied 35s. I then took him to the Wood Green High Road Police Station, where he was detained. He made no offer to find the man Mitchell.
Detective-Sergeant ALFRED GROSSE, Y Division, stationed at Hornsey. I remember prisoner being brought into Wood Green Police Station at noon on August 19. I told him he was charged with stealing and receiving the bicycle. He said, "I bought it of a man named James Mitchell. I gave him 35s. for it. I do not know his address. It is somewhere in Hornsey Street." I said, "Where can I find him?" He said, "I do not know at all. I might not see him again for a month. This looks very black against me, but I have been buying cycles for some time now, and everything has been all right." I then went to prisoner's address, where I found four other cycles and the frame of a cycle. He produced a receipt which he said was a receipt for the bicycle, but which bore date September 16, 1906. I pointed out to him that the receipt was an old one. He replied, "That is the one I got from him." Prisoner lives with his parents, and has a shed in the yard where he does odd jobs in cycling. There was a lot of tools in the place. Two of the bicycles found at prisoner's address have been identified as stolen. One is a lady's machine belonging to Miss Missinden. I asked him where he got it. He said, "I bought it for £2. I have no receipt." The other machine, which has been identified as belonging to a Mr. Fowler, is a new Hudson. Prisoner said he paid £2 10s. for it on the previous morning. He was charged on the 27th ult. with stealing the bicycles belonging to Miss Missinden and Mr. Fowler. In reply he said, "I did not steal them; I bought them."
Mr. Davies asked if they were trying three cases at the same time.
The Recorder said of course they could only try one indictment at a time, but this was evidence of stolen property found in possession of a suspected person within twelve months.
Cross-examined. I did not see any papers at the house where prisoner lived. I asked his mother if there was anything else she would like me to see, and she said "No." Prisoner did not tell me at the police station where I could find other machines. There had been no time to alter any of these three machines for obvious reasons, one having been stolen only the day before. Prisoner represented the receipts found upon him as referring to the bicycle he said he had bought on the previous day from Mitchell. I do not know that it is the practice for the original receipt for a bicycle to be handed about as a title to possession, in the nature of title deeds.
DAISY MISSINDEN , cashier at Station House, Warren Road, Addiscombe. I lost my bicycle on July 29. I had left it on the step of the private door, intending to ride it home, and was absent 10 minutes or a quarter of an hour. I gave information to the police at once. I saw it again on August 25 at Wood Green Police Station. I recognise the lady's machine produced as mine. I am positive of it. I do not know prisoner at all, but his face seems familiar to me.
Cross-examined. I think I have seen him about Purley. I am sure I have seen him before.(To the Court.) I told the magistrate I recognised the bicycle as mine by the dress guard, which was broken, and which I mended myself by tying it under the mud guard to the lamp bracket. I find that in the bicycle produced.
CHARLES RICHARD FOWLER , Athole Road, Thornton Heath, identified the new Hudson cycle found at prisoner's address. It was taken from outside a shop in Purley. He valued it at £6. It was shown to him on August 25 at Wood Green Police Station, where-upon he charged the prisoner.
To the Court. I said at the Court I identified the machine by the number C8401.
(Friday, September 11.)
DAVID DAVIES (prisoner, on oath). I am 17, and am apprenticed to a cabinetmaker, and am now getting 8s. 6d. a week. I have been apprenticed three years. I have occupied my spare time by buying machines and renovating them. I have advertised from time to time for machines in a paper called "Cycling." Between 20 and 30 bicycles have passed through my hands. I had been saving up for my holiday, which was to have commenced on the Saturday before I was arrested and I intended going to South Wales, but was stopped by a friend asking me to accompany him on the following Tuesday. The man Mitchell has not been traced. I bought the bicycle belonging to Miss Missinden on the Saturday before Bank Holiday of a man I do not know. He brought it to my house. He showed me a receipt
for it, but I have not got it. I sell the machines I buy to people I know or insert advertisements in different papers. I bought the New Hudson machine on the Tuesday I was arrested. The man I bought it of showed me a receipt. I paid £2 10s. for it and expected to sell it for £3 15s. or £4. With regard to Hall's machine, I was stopped in the Seven Sisters Road by a fellow of my acquaintance named Mitchell. I had previously had dealings in bicycles with him. I do not know where he lives. I never had any occasion to ask his address. He asked me if I could do with the machine he was riding. He asked me £2 and I paid him 35s. He showed me a receipt for the bicycle, but did not give me a receipt for the money I paid him. I have often sold machines myself without receipts.(To the Court. With regard to the purchase of the three machines in question I cannot produce any documents to show that any such transactions took place.) The receipt found on me dated 1906 is supposed to be a guarantee that Mitchell had bought the machine he sold to me. He told me he had had the machine about nine months. Mitchell did not ask for the receipt back and it was quite an accident that I put it in my pocket. I had no receipts with the other machines. I took the machine and trundled it home because I was riding a machine myself. I could not go to South Wales that night because I had already expended the money in buying these machines. When I bought them I had not the slightest idea that either of them had been stolen. When the police came there were five machines in my shed and about a dozen frames, 30 or 40 wheels and tyres, and other implements for making machines and a large quantity of tools. I have not endeavoured to obliterate the marks of any of the machines.
Cross-examined. I gave the police all the help I could and told them exactly what I am stating now. I assumed that as the people I bought from were gentlemanly-looking people they were the bona-fide owners of the machines. I did not think when I came to sell machines it would be necessary to produce receipts, because I was practically established in business. I know from conversation that Mitchell is a single man. He visited my place once or twice and I had had previous transactions with him. I had something like £5 10s. in my pocket on the morning of July 18, but after I had paid for the bicycles I had not enough to go for my holidays.
Asked by the Court who was the friend with whom he proposed to go to South Wales, prisoner refused to give his name and address on the ground that he did not wish him to be dragged into the case. Prisoner admitted that he knew Purley well.
The other charges were not proceeded with.
Detective-sergeant GROSSE stated that prisoner was apprenticed to cabinet-making in January, 1906. He had not behaved at all properly towards his employer and petty larcenies which had occurred at
the workshops ceased after prisoner had left. On two occasions when bicycles were stolen prisoner was not at his employment.
Sentence, Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, September 10.)
CHARLES WILLIAM COSSIN, (28, clerk) ; obtaining by false pretences, on March 28, 1908, the sum of £1 and on April 1, 1908, the sum of £9 from Walter Edward Dolden; on May 19, 1908, the sum of £1 and on June 16, 1908, the sum of £14 from William Fritz; on May 22, 1908, the sum of £25 from Harry Marsden Meacock; on May 23, 1908, the sum of £2; and on May 25, 1908, the sum of £23 from George Albert Auckland, in each case with intent to defraud; in incurring debts and liabilities to the above respective amounts did unlawfully obtain credit by fraud other than false pretences; being entrusted by Harry Marsden Meacock with the sum of £25 in order that he might pay the same for a certain purpose, to wit, into the Birkbeck Bank, and being entrusted by George Albert Auckland with the sum of £23, in order that he might pay the same for a certain purpose, to wit, into the Birkbeck Bank in the joint names of the said Charles William Cossin and George Albert Auckland, did fraudulently convert to his own use and benefit the said sums of £25 and £23.
Prisoner pleaded guilty on counts as to £15 from William Fritz, which plea was accepted by the prosecution.
Mr. Bodkin prosecuted; Mr. W.S.M. Knight appeared for prisoner.
Evidence of good character was given by Ralph Noverioz Stringer, manager of Dawes and Co., who were willing to take prisoner at once into employment.
Prisoner was released on his own recognisances in £20 to come up for judgment if called upon.
PERCY LETT McGARRY, (39, clerk) , pleaded guilty of stealing one Oil painting, one shawl, four pairs of curtains, and other articles, the goods of Kate Jackson ; obtaining by false pretences from Philip Dickins one bicycle, the goods of the said Philip Dickins, with intent to defraud; obtaining by false pretences from Charles Rush the sum of £2 9s. 81/2 d. in money, the moneys of the said Charles Rush, with intent to defraud; obtaining by false pretences from Philip Davies the sum of 17s. 8d. in money, the moneys of the said Philip Davies, with intent to defraud.
Mr. Horace Fenton prosecuted; Mr. McDougall appeared for prisoner.
Prisoner was stated to have been 18 years in the Civil Service and to have high recommendation from Mr. John Neville Chamberlain,
Deputy-Adjutant-General in India; he had become deaf and had been retired on pension at the age of 34.
Sentence postponed till next Session.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, September 10.)
MAURICE KELLY, (22, coster) , pleaded guilty of attempting to carnally know Margaret Kelly, a girl under the age of 13 years, to wit, of the age of 12 years; assaulting Charles Mepham, a peace officer, in the execution of his duty.
Sentence, Nine months' hard labour.
CHARLES ROBERTS, (37, potman) , pleaded guilty of attempted carnal knowledge of Dorothy Blanche Taylor, a girl under the age of 13 years, to wit, of the age of nine years; indecently assaulting the said Dorothy Blanche Taylor ; assaulting the said Dorothy Blanche Taylor, thereby occasioning her actual bodily harm.
Sentence, 12 months' hard labour.
Prisoner's first wife had been admitted to an asylum in 1903. Since then he had never inquired about her, and had neglected the children, who had been chargeable to the West Ham Union, although prisoner was earning 32s. a week. When arrested, he denied that he knew his first wife. His second wife did not know that he had been married.
Sentence, 12 months' hard labour.
The detective officer in the case, in reply to his Lordship, said that prisoner would be kept separate from the ordinary criminals, not being convicted of stealing. His Lordship remarked that otherwise the sentence might have been too severe.
FREDERICK LLOYD, (40, painter), and CHARLES HOWARD, (27, painter) , pleaded guilty of attempting to steal divers postal letters at 1 and 3, Leonard Street, Shoreditch ; stealing one postal lettercard, the property of Martin Hirsch ; attempting to steal divers postal letters, the property of Frederick McCutcheon ; attempting to steal divers postal letters, the property of James Knox.
Prisoners had adopted the system known as fishing, with sticky stuff and string. A conviction at this Court against Lloyd for precisely the same offence was proved, with five years' penal servitude. Howard had previously received 31/2 years' penal servitude, and two years' police supervision, also several other sentences for larceny, etc.
Sentences: Each prisoner, 12 months' hard labour.
CHARLES MARSTON,(25, tinsmith) , pleaded guilty of burglary in the dwelling-house of John William Prime, and stealing therein one cloth containing boots and a quantity of knives and other articles, his goods. A previous conviction was proved.
Sentence, 18 months' hard labour.
Prisoner was released on his own and his father's recognisances in £5 to come up for judgment if called upon, promising in the mean-time to pay back prosecutor at the rate of 10s. a month.
Mr. Sydenham Jones prosecuted; Mr. T.E. Morris defended Sil-wood.
Verdict, Not guilty.
BEFORE MR. JUSTICE PICKFORD.
(Thursday, September 10.)
Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. Paul Methven defended.
GEORGE CECIL , landlord of the "Horn and Chequers," Thames Place, Poplar. On August 24, between 3.15 and 3.30 in the afternoon, I was in my bar; the two prisoners were there, with a man named Saunders; Saunders was skylarking about with Sullivan and a man named Ephraim.
Cross-examined. Saunders was showing off a grip; prisoners took no notice of him or of the other men who were larking. Saunders had had a little drink; Sullivan was quite sober. I interfered and stopped the larking.
JOHN WILLIAM ANNWAY , labourer. On August 24, between three and four o'clock, I went with Sullivan into the "Horn and Chequers"; there were also there the two prisoners and Saunders and Ephraim. Saunders had had a little drop to drink. I saw Hogsdon "rubbing him down." Saunders left the house; prisoners winked at each other and followed him out. Sullivan said something to me and went out after the others. I followed and saw the men walking down Thames Place. Five or 10 minutes later I saw prisoners coming round by the "Horn and Chequers" again; they were walking
very sharp. I went round to the "Royal Oak," outside which I saw Sullivan lying in the road.
HY. SAUNDERS , hairdresser's assistant, Spitalfields. On August 24 I had a holiday. I went among other places to the "Enterprise" public-house at Limehouse; there I saw Sullivan and the two prisoners. Afterwards I went to the "Horn and Chequers"; I don't remember the time I got there; I had a few drinks there. There was some scuffling or a bit of fun going on between the men. I remember Hogsdon feeling my waistcoat and tapping me about; I was rather suspicious, but I did not take much notice at the time. On my leaving there, as I was walking up Thames Place to a urinal, the two prisoners were behind me and Sullivan also. I stood talking to Sullivan just outside the "Royal Oak," when Cocklin put his arm round my neck and threw my head back; I could not see what was going on, but I heard the sound of a blow and a man falling. After a few seconds I recovered and saw prisoners going away towards Vinesta Wharf; Annway was pointing his finger; Sullivan was lying under the window of the public-house. Following Annway's finger, I went round Thames Place, thinking that prisoners had gone to the river to take a boat. I saw nothing of them and returned to the "Royal Oak," outside which I saw Sullivan with a policeman and a crowd. I cannot say how much money I had on me. While Cocklin had me by the throat I felt a hand in my trousers pocket; I did not lose any money; my pocket is very deep and they did not feel down far enough.
Cross-examined. I am positive that both prisoners were in the "Enterprise" when I was there. I had never seen them before that day. I had had two or three drinks before I went to the "Enterprise." When I was at the "Horn and Chequers" I was not drunk although I cannot say that I was quite strictly sober. I remember perfectly well what was happening. I was not wrestling with Sullivan or Ephraim; I may have been larking about with Sullivan. I remember my hat falling off and someone picking it up for me; I cannot say if it was Cocklin. I may have been showing off a grip or squeeze of the hand; I do not remember doing this with Cocklin. I suggest that the assault outside the "Royal Oak" was with the intent to rob me; as a fact, I was not robbed. There was no wrestling or larking after we got outside the "Horn and Chequers." Within an hour or two of the assault I went to the police-station to identify my assailant; I then failed; later on, at the Coroner's Court, I identified Hogsdon and Cocklin as the men I had seen in the "Enterprise" and the "Horn and Chequers," and Hogsdon as the man who was feeling my waistcoat at the latter house.
VICTOR W. LLIS , wire blind maker. On August 24 just before four I was outside the "Royal Oak," when I saw Hogsdon and another man struggling with Saunders. From the direction of Thames Place Sullivan came up to the three men; Saunders was then on the ground; one of the two others struck Sullivan, who fell backwards to the ground. The two men shook him by the arm, and then dragged
him from the road and set him up against the side of the public-house, and went away in the direction of the Thames. Later at the police-station I identified Hogsdon as one of the two men I saw struggling with Saunders.
Cross-examined. When the blow was struck at Sullivan, Saunders had broken away from the two men and was in the road. Sullivan and the other two were rather in a bunch; I cannot swear that Sullivan was about to strike one of the others; to the best of my belief he was not. There was nothing at this time to prevent Saunders seeing what was happening. When I saw the two men struggling with Saunders, I had no doubt that he was being robbed.
ROBERT RUSSELL , manager of the "Enterprise," Limehouse I saw Saunders in my house on the afternoon of August 24. Later I heard something about Sullivan, and I went to the "Royal Oak," and outside there saw him apparently dying. Half an hour afterwards I saw Hogsdon, and told him I thought he ought to be ashamed of himself; I thought he had killed the lad; he said, "Well, if I had never hit him he would have hit me."
Cross-examined. I am certain those were the words; he did not say, "He hit me first and I hit him back."
Detective FRANK WATTS, K Division. On August 24 about four in the afternoon I was in Thames Place; I saw prisoners (whom I knew) walking very fast indeed from the direction of the "Royal Oak." I went to that house, and outside it saw Sullivan lying on his back, unconscious; he had a mark on his face under the left eye and a bruise at the back of his head. He was taken to the police-station and then to the hospital.
Police-constable ALBERT SANDFORD, 447 K. On August 24 just after five p.m., I arrested Hogsdon in Commercial Road; when I told him he was wanted he said, "All right," and went quietly to the station.
Detective EDWARD RITSON, K Division. On August 24 at 8.45 p.m. I arrested Cocklin in Commercial Road, telling him that he would be charged with causing grievous bodily harm to a man named Sullivan that afternoon. He said, "All right." On the way to the station he said, "I don't see how you can charge me; if two men gets fighting and I stand there, how can you charge me for standing there?"
Police-constable GEORGE LORTY, 421 K, said that on August 25, prisoners being detained in the cells, he heard Hogsdon say to Cocklin, "We shall only get a month or two for this; I will tell you what to say when you get up there."
Police-constable FRED. GARNETT, 90 KR, said that on August 25, prisoners being in the cells, he heard Cocklin say to Hogsdon, "Was you identified by that chap that was with him?" Hogsdon replied, "No, I was identified by another chap who was standing there at the time"; Cocklin said, "Oh, we can do him."
Inspector ALFRED BALL, K Division. On August 24 I saw Hogsdon at the police-station. I said to him, "You have been identified for being concerned with another man in assaulting a man named Daniel
Sullivan, who is now seriously ill at Poplar Hospital; you will be detained for causing grievous bodily harm, and probably a more serious charge will be preferred against you." He said, "All I want is to be treated fair; I don't reckon I had a fair identification; I was not there, and know nothing about it." Later in the evening Cocklin was brought in. I told him he would be detained on a similar charge. He said, "I know that Hogsdon and Sullivan had a fight; Sullivan hit Hogsdon, and he hit him back; he fell down on the kerb and I picked him up and sat him with his back against the wall, and then we both came away." On August 25 at nine a.m. I saw Sullivan dead in the hospital. Prisoners were then charged with manslaughter; Hogsdon made no reply; Cocklin replied, "Yes, all right."
P.S. SCHWEILER, assistant surgeon, Poplar Hospital, said that Sullivan was admitted about five p.m. on August 24. He was unconscious, and so remained till just after midnight, when he died. From a post-mortem examination witness concluded that death was due to shock combined with pressure on the brain due to hemorrhage. The skull was fractured at the base; there was a bruise in the scalp above and behind the left ear; also a bruise over the left eye.
Cross-examined. The cause of death was certainly the fracture of the skull; this might have been caused by a fall on to a granite road.
(Friday, September 11.)
Mr. Justice Pickford pointed out that, as to Cocklin, it would be difficult to convict him except the prosecution proved a concerted attempt by him and Hogsdon to rob Saunders. Saunders declared that the blow which knocked Sullivan down was struck while the second man attempted to rob him (Saunders); that would show a concerted action; but Ellis swore that, when Sullivan was struck, the struggle with Saunders was over and he was standing in the road. Would the jury be likely to accept the statement of Saunders, who had certainly been drinking, against that of Ellis, who was perfectly sober?
Mr. Muir admitted that the evidence did not suffice to prove the case as he had opened it, and, as there was another indictment on which the prisoners could be tried for assault and attempt to rob, he would accept the intimation of his Lordship's opinion and offer no further evidence.
On his Lordship's direction, the Jury returned a verdict of Not guilty of manslaughter.
Prisoners were then tried (before the same jury) on an indictment for feloniously assaulting Henry Saunders with intent to rob, etc.
Cross-examined. When I was in the "Horn and Chequers" I had in my pockets two half-crowns; I was not wearing a watch and chain or a scarf pin. I had a cigarette case, which prisoners would have seen. Sullivan and I were in company at the public-house; he was perfectly sober. I am sure it was Cocklin who put his arm round
my neck; I only surmise that it was Hogsdon who put hit hand in my trousers pocket. Except the clutching me by the throat, I do not think either prisoner struck me. It was two seconds after the hand was put round my neck that I heard a blow and a man fall. It was after I heard the blow that I felt a hand in my. pocket. After the occurrence prisoners went away very fast; they ran. The assault was in the afternoon, in broad daylight, six or eight feet from the door of the "Royal Oak." I did not cry out; I could not, as I was being choked; after I got released I did not cry out, nor did I go to the public-house and raise a complaint; I ran after Hogsdon and missed him; I did not shout as I ran. I made no charge against these men on the day of the occurrence; it was four days after, before the Coroner, that I complained of the attempt to rob.
The statements of prisoners before the magistrate and the (sworn) statement of Cocklin before the Coroner were read.
CHARLES HOGSDON (prisoner, on oath). On August 24 I was not in the "Enterprise." I went to the "Horn and Chequers" with Cocklin. After we arrived Saunders and Sullivan and two others came in. Saunders, who was not sobor, started skylarking about; he and Sullivan were wrestling. Saunders's hat fell off; Cocklin picked it up and handed it to Saunders, who took hold of Cocklin's wrist and started wrestling with him. The Governor (Cecil) came and stopped it. It is untrue that I "rubbed down" Saunders; I never touched him. I did not know whether he had any money or not; in fact, somebody asked him to stand treat and he said he had no money. Later he and Sullivan left the bar. It is not true that I and Cocklin winked at each other. We left the house just after Saunders and Sullivan and went down Themes Place. We were standing together when Saunders came up and said to Cocklin, "Give us your hand. Shall I show you a new grip?" and they started wrestling. Then Sullivan came up and said, "It's nonsense for you to talk about wrestling." I started laughing. He said, "Who are you laughing at?" and he gave me a blow in the mouth. I then got to close quarters with him and as I struck him he fell down. After that me and Cocklin picked him up and set him against the wall. Cocklin said to me, "We will go away, or there will be trouble." With that we walked away. I never struck Saunders; never put a finger on him.
Cross-examined. I did not see anyone "rubbing down" Saunders. I saw him showing Cocklin a new grip. I and Cocklin were perfectly sober. I have known Cocklin about 12 months. I see him frequently. We did not leave the "Horn and Chequers" the instant Saunders left; we stayed and finished our drinks; that took a couple of minutes. I swear that I never touched Saunders. He and Cocklin were exchanging grips, but no one could have assaulted Saunders
from behind. I was there all the time till Sullivan was knocked down. He was not perfectly sober. When he talked about wrestling and I laughed at him he hit me a blow in the mouth; it made my mouth bleed; it was after that that I got at close quarters with him. Within two hours I was in custody; but I did not call the attention of the police to the signs of the blow on my mouth; I did not take much notice of it. After we had stuck Sullivan against the wall, Cocklin and I left him; we met a policeman, but we said nothing about the occurrence.
RICHARD COCKLIN (prisoner, on oath). I was not in the "Enterprise" on August 24. I saw Saunders on that day in the "Horn and Chequers." I was in that house with Hogsdon. Saunders was wrestling with Sullivan; his hat fell off; I picked it up and handed it to him, and he then got playing about with me, trying my wrist. I tried to twist his wrist, but I could not. I swear that I never "rubbed him down." I did not know whether he had any money on him or not; I had heard him say in the bar that he was broke. As to the occurrence outside the "Royal Oak," Saunders came up to me and said, "I will show you a new grip." I laughed at him. We took wrists, and he pulled me as he was the stronger man. I never assaulted him. I saw Sullivan come up to Hogsdon and, after a little jangle, Sullivan struck Hogsdon and Hogsdon struck back and Sullivan fell. I picked him up, Hogsdon lending me a hand, and we placed him against the side of the public-house. I said to Hogsdon, "He's all right." I had no idea the man was in the state that he was.
Cross-examined. Saunders was not in the "Horn and Chequers" when Hogsdon and I went there; Saunders came in three or four minutes afterwards. I had never seen him before, nor Sullivan. I did not wink at Hogsdon nor he at me when Saunders left. Ellis is quite wrong in saying that I was assaulting Saunders from behind. I will own that we were pulling each other by the wrists, but I should be in front of Saunders all the time. The first thing I saw of anything between Sullivan and Hogsdon was Sullivan punching out; I did not hear any words, but it struck me they were jangling.
Verdict, both prisoners Guilty.
Many convictions were proved against both prisoners, whose speciality in crime was the robbery of drunken persons and who were known to the police as very dangerous characters.
Sentence: Hogsdon, three years' penal servitude; Cocklin, 18 months' hard labour.
BEFORE MR. JUSTICE PICKFORD.
(Friday, September 11.)
Mr. Travers Humphreys prosecuted; Mr. Merlin and Mr. Dunstan defended.
EDWARD LINDENDOFF (a Finlander), able seaman. On August 20 I was one of the crew of the ss. Delaware, which sailed on that day from Constintinople. Between 5 and 5.30 in the afternoon I was in the forecastle with prisoner, Dreier, Keller, and a passenger named Kilpatrick. Dreier was a German. Kilpatrick offered prisoner a drink and he refused it. Then an argument arose. I heard prisoner say to Dreier, "You have only been a dog-watch on an English ship and can't speak the language; why don't you go to your own country and eat sauerkraut and sausage; you are coming all over England and Russia and making mischief. Why don't you go to your own country?" Keller said to him, "That will do." Prisoner gave Keller a push, and they started fighting. Keller got hold of the prisoner by the throat and nearly choked him. Eventually prisoner got away. Then Dreier went to prisoner and said, "Now you and me have a go." Dreier started hitting prisoner and they had a fight. Then prisoner went to his bunk and brought out an open knife. I heard him say, "I will fix him." He went up to Dreier and stabbed him with the knife in his right shoulder. Dreier picked up a bucket and started hitting prisoner on the head with it. Dreier went on deck and dropped down and in two or three minutes he was dead. At the time of the row Dreier was sober; prisoner was drunk; Keller and I were sober.
Cross-examined. I did not see Gibson at all. Dreier struck the fist blow. I did not see that prisoner was knocked down on a stool and that Dreier continued to pay him out. I admit that it is difficult to be accurate in describing a rough and tumble of this kind. I did not see that prisoner was struck between his legs; I did not see him kicked from behind. I did see Dreier hit prisoner two severe blows with the bucket.
Police-constable CHARLES LODER, Criminal Investigation Department, produced and proved a plan, to scale, of the starboard forecastle of the ss. Delaware.
ADOLF KELLER , able seaman. I was in the forecastle having tea when the row started. Kilpatrick asked Dreier to have a drink; Dreier refused on account of ill-health; then prisoner said, "I don't drink, neither"; Dreier said, "You drink four ale out of a bucket." They went on wrangling; prisoner told Dreier that he had only been a dog-watch in English ships, he had better go back to his own country and eat sauerkraut and sausages. I told prisoner to be quiet, else there would be trouble. He gave me a shove and we had a rough and tumble fight; he got the better of it. Then Dreier jumped up and said to prisoner, "Now, Lilsen, me and you," and they started fighting. After about two minutes prisoner said, "I'll fix you," and he went to his bunk; the next I saw was that Dreier hit prisoner twice with a bucket and they closed up together; then Dreier ran up on deck; I afterwards saw him lying on the deck, attended by the steward.
Cross-examined. When prisoner came out of his bunk Dreier already had the bucket in his hand and they advanced towards each
other. I have known prisoner for five years; I have never found him quarrelsome. Dreier once told me that he had been in trouble on another ship; he had thrown the chief mate into the sea and got ten months for it.
ARTHUR GIBSON , able seaman. I saw this fighting. When Dreier and prisoner broke loose the latter went to his bunk, saying, "I'll fix you"; from under his pillow he took out a knife. As they again advanced towards each other prisoner had the knife in his hand; Dreier suddenly picked up a bucket and struck prisoner with it several blows; then Dreier dropped the bucket and I saw that he was stabbed in the right shoulder. I cannot say that I saw the stabbing. I went aft and told the chief mate there had been stabbing in the forecastle. Dreier came on deck and walked about 50 ft., then dropped down and died.
Cross-examined. Dreier began the fight between him and prisoner; after a few blows prisoner fell on to a stool and Dreier continued to pay him there with his fists; I cannot say whether he struck him in his private part.
Detective-sergeant HENTRY BROOKES, Scotland Yard. On September 5 I went to a place in Essex and arrested prisoner on a warrant issued by the Consular Court in Constantinople. I read to him the warrant (for the manslaughter of Carl Dreier) and cautioned him. He said he wished to say nothing then, only that he had sailed under the British flag for 12 years and he had never been in any trouble before. The pocket-knife and zinc pail produced were handed to me by the officers of the Delaware. I produce certificate of registration of the Delaware as a British ship, of the Port of London.
SAMUEL LILSEN (prisoner, on oath). On August 20 I was an able seaman on board the Delaware; we had just come out of Constantinople, and I was more or less intoxicated at the time. Kilpatrick offered me a drink of whisky; I had a taste and found it bad, so I would not drink any more. Dreier said to me, "Well, you drink beer out of—buckets." I said, "You're always growling, what's the matter with you." Then we had some words and he threw my nationality in my face. I said, "We're not so bad as you Germans, going all over the world making disturbances with people and growling and all that; that's not good for you; you had better go back to your own country and eat more sauerkraut and sausages." Keller jumped up and said to me, "That'll do, Sam, else there's going to be trouble here." I said, "All right, don't lose your temper," and I shoved him off. He did not like that and we had a fight. When it was over I went towards my bunk to fetch a sweater to sop my face. As I was bending down I heard Dreier say, "Now, there's you and me," and at the same time I received a nasty blow right between the legs from behind; it gave me such awful pain that I did not know what to do. Dreier went o✗" beating me all over; eventually I got
from underneath him. I may have said, "I'll fix you"; I was dazed with pain and agony. I went to the bunk to try to get something to defend myself with. Dreier said, "You are picking up a knife, I will take a bucket"; with that I said, "All right," and I grabbed the knife; I wanted it to protect myself, so that I could get past the man and go on deck. As I went to pass him he struck me a heavy blow on the head with the bucket, and I dropped like a log; I received another blow, and then I used the knife that I had in my hand; I had no intention of killing the man; I tried to wound him in the arm. I remember no more till they came and dressed my head and told me Dreier was dead.
Cross-examined. When I went to my bunk it was not for the purpose of getting my knife; I meant to get a piece of wood that we splice ropes with; it was when Dreier said, "Ah, you're going for a knife, I will take a bucket," that I took up the knife. The knife was already open; I never close it.
CYRIL W. LAST , third officer of the Delaware, produced the log book containing the entries of the occurrence. The ship, which was at that time less than an hour out from Constantinople, was put back; on arriving there medical aid was sent for; a doctor examined Dreier and pronounced life extinct. On August 22 an inquest was held and the jury (of three) found that death was caused by a stab wound "inflicted by S. Lilsen in self-defence." Prisoner was taken before the Consular Court, charged with manslaughter and, being committed to this court, was brought to London on the Delaware. He was suffering from a severe scalp wound and body bruises and very badly swollen testicles. Witness described prisoner as a very quiet, respectable, and wellconducted sailor; he had been on different ships of the Anglo-American Oil Company for eight years and all his discharges were "V.G."
—ROONEY, chief steward on the Delaware, who, in the absence of a doctor, had the care of prisoner during the voyage home, confirmed previous witness at to the injuries from which prisoner was suffering.
The jury, holding "that there was justifiable use of the knife," returned a verdict of Not guilty of manslaughter; no evidence was offered on the indictment for assault, and upon that also a verdict of Not guilty was entered.
BEFORE THE RECORDER.
(Friday, September 11.)
LOUIS ANTHONY, (27, bootmaker), and EMILY ETHEL ANTHONY,his wife, were indicted for concealing the birth of their child. Louis pleaded guilty, and said he was insane at the time, but on the Recorder stating that he could not accept any such qualified plea he pleaded guilty . The female prisoner also pleaded guilty.
A painful story of destitution was revealed in the statement of the prosecuting counsel. Prisoners having no home took refuge for the night in a field with their three children and it was under these circumstances that the deceased child was born. It was buried by the male prisoner in the field.
Dr. SCOTT, medical officer, Brixton Prison, expressed the opinion that the male prisoner is insane, and sentence was postponed until next Sessions in order that the fact may be properly certified. The female prisoner was sentenced to four days' imprisonment, entitling her to be at once discharged.
HARRY JAMES MORGAN,(34, fitter), and JAMES MORGAN ,(23, cellarman, his brother) ; stealing one iron safe and the sum of £155 5s., and two valuable securities, to wit, two postal orders for the payment and value of 20s. and 5s. respectively, the goods of John Frederick Witjen, the master of James Morgan.
The elder prisoner pleaded guilty to stealing £112 17s., a £1P.O. Order, and a 5s. P.O. Order, which he said was all that was in the safe. The other prisoner pleaded guilty. The younger prisoner was employed at the "King William the Fourth," High Street, Streatham, and by his collusion the elder prisoner and a man not in custody were enabled in broad daylight to remove the safe, which weighed about half a cwt. and was kept in the parlour behind the bar. The elder prisoner has undergone three terms of penal servitude and the younger has also been several times convicted.
Sentences: Harry James Morgan, Seven years' penal servitude; James Morgan, 18 months' hard labour.
WILLIAM HAYDEN,(22, labourer) ; maliciously causing grievous bodily harm to William Upson, with intent to do him grievous bodily harm; maliciously causing certain grievous bodily harm to Jim Cranfield, with intent to resist his own lawful apprehension and to do grievous bodily harm to the said Jim Cranfield; assaulting Jim Cranfield, a Metropolitan police constable, in the execution of his duty.
Mr. Travers Humphreys and Mr. Boyd prosecuted.
WILLIAM UPSON , 16, Stanhope Street, Euston Road. I am a caretaker and also collect rents. On August 15 I went to No. 7, Shelgate Road, Battersea, to collect some rent. I went at half past one and remained until a quarter past four, at which time prisoner's mother came in. Prisoner came in about half past four. It is a tenment house occupied by a number of different families. I met prisoner in the passage and when he saw me he went into the parlour to get a razor. He was sober. He opened the razor wide and said he would do us all in. Prisoner's sister snatched the razor away as he was going to put it into his pocket and appealed to me to take it from her. Before I had time to take it prisoner knocked me down with his fist. I got up and prisoner knocked me down again and kicked me several times. I am a cripple and walk lame. I got up
again and prisoner put his arms round my neck again and bit me through the nose. I put my thumb in his mouth to release my nose and he bit my thumb. I feel the effect of it very much now. He then pushed me out of the house and told me if I sent for a policeman he would brain him. He might have had a glass, but he knew perfectly well what he was doing. In a minute or two a policeman came up. Somebody else fetched him. At that time I was outside the house and the door was shut. The constable knocked at the door twice. I told him to be careful of the razor. Prisoner opened the door to the constable and said, "Come on; I will kill you stone dead." Prisoner thereupon hit the constable on the side of the head with a pick-axe handle and knocked him down. The only thing that saved the constable's life was his helmet. Prisoner ran into the yard and the constable after him, and I saw no more. I went to the station, where I was seen by Dr. Kempster.
EDWARD SLY , 8, Shelgate Road. The house where I live is just opposite No.7. On August 15, at about quarter to five, I was at home and heard screams of "Murder!" I got up and looked out. I then went downstairs and just as I got to the door a woman rushes in all streaming in blood, and shouts out, "Look out, he has got a razor." I believe the woman was sister of the prisoner. I went and fetched Constable Cranfield, who walked up to the house and knocked at the door of No.7. Prisoner opened the door with a big stick in his hand and said he would do for the constable, or words to that effect. He struck the constable two blows. With that the constable turned round and called for help. Prisoner then struck a third blow which knocked the constable down. I made a grab for his staff and after a struggle I got it. The constable then made a grab at prisoner, who ran into the scullery.
Police-constable JEM CRANFIELD, 429 V. On August 15 I was on point duty in Northcote Road, Battersea, when I was called to Shelgate Road. I went to No.7, where I saw prisoner's sister bleeding from a wound of the left hand. The witness Upson was standing on the footway bleeding from the nose. The woman said she would give the man into custody for cutting her with a razor. I knocked at the door and prisoner came out and struck me a violent blow on the left side of the head with the pick-axe handle produced. I fell to the ground. I afterwards went into the passage and he struck me another violent blow with the same stick on the left hand, breaking my finger. When I was on the ground he struck me a violent blow on the left ankle. Prisoner also struck me with a broom on the head and the hip. I became unconscious, and my comrades took me to the station. I have since been on the sick list.
JOSEPH MOXON , 48, Bassingham Road, Earlsfield, stated that he was in Shelgate Road about five o'clock on the evening of August 15 when his attention was called to No.7 by someone calling out "Murder!" He described the blow with the pick-axe handle, and following the constable into the yard witnessed the assault with the broom.
Police-constable WALTER GOSNEY, 268 V. About five o'clock on August 15 I was summoned to Shelgate Road, where I found prisoner in the kitchen of No. 7 detained by several private persons. Police-constable Cranfield said to me, "Take this man into custody; he assaulted me." Cranfield was holding his head and appeared dazed. I took prisoner into custody. Outside the house he commenced to struggle very violently. He had been drinking, but was not drunk.
Detective-sergeant HARRY PURKISS, V Division. After the arrest I went to No. 7, Shelgate Road. In the dustbin on the ground floor I found the razor, which is an exhibit here, under a quantity of fluff. It bore a recent bloodstain at the point. I also found the broom produced in the back yard. On August 17, after the case had been partly heard, prisoner made this statement to me: "I have served three years with the colours in the Oxfordshire Light Infantry. I came home from India (Lucknow) last November. On the day of the trouble I had been to see some comrades off to India and had had several drinks."
FELIX CHARLES KEMPSTER , divisional surgeon. I saw Cranfield about half past five on August 15. He was then recovering from the effects of concussion of the brain and was very dazed. He was bleeding from the head. There was a large contused wound extending from the left temple well back past the left ear. The ear itself was bleeding and there was a watery discharge issuing from the ear indicating some injury to the bone at the base of the skull. There was also a bruise on the left ankle, a bruise on the left thigh and a bruise on the left hand. On the pick-axe shaft I found some stains which under the microscope resembled human blood. His condition was very serious, and he has been off duty ever since. He is still suffering from the effects of the injuries, the discharge from the ear continues, and at times he partly loses his memory and partly loses his speech. It is proposed that he shall go to the Police Convalescent Home at Hove as soon as he is well enough. I am doubtful whether he will ultimately recover.
Prisoner, by way of defence, said he was drunk and did not remember anything about the matter.
Verdict, Guilty. Prisoner's discharges from the Army were found to be "good."
Sentence, Three years' penal servitude.
BEFORE THE COMMON SERJEANT. (Friday, September 11.)
Mr. Heddon prosecuted; Mr. Burnie defended.
EDWARD EMANUEL , 18, Trinity Street, Mile End, market porter. On Wednesday, July 15, 1908, I went to the "Lord Nelson" public-house and sent a messenger to the prisoner's house to tell him I wanted to see him. He came to the "Lord Nelson" and was quarrelling with some friends of mine. I asked him to come outside—I wanted to speak to him. We went outside and had a fight, in which I got shot in the chest. I had had some drink—I do not know that the prisoner had.
Cross-examined. This was between one and two p.m. I went to the public-house with the intention of having a row because of some dispute the prisoner had had with some friends of mine; that was the reason I sent for him—to give him a good hiding if I could. There were two friends of mine in the public-house—I sent prisoner's friend to him. Prisoner returned and I asked him to have a drink; then I asked him to come outside and speak to me. There had been a fight between prisoner and a friend of mine named Ivey. I said, "Come outside. I want to speak about the row you have been having with Ivey." There were friends of his and of mine outside—there was a friend of mine and I should say 10 or 12 friends of his. I gave him a good hiding as far as I could. (To the Judge. I began the fight—I challenged him). I nearly strangled him—I tried to. We could not fight—there were too many people between us, so we got hold of one another and I got hold of him round the throat. Some of my friends tried to get him from me—someone bit my hand. I was very anxious to do something to him, because I knew he would have done something to me if I had not. I said before the Magistrate that I put the prisoner in great bodily fear by my violence. I tried to fight him inside the public-house, and I locked the door—so that he should not have too much help. I may have said I was going to give him a thorough good hiding. I had no mark on me afterwards, except the shot from the revolver and the bite on the hand—which might have been caused by someone trying to pull me off the prisoner. I said before the Magistrate that what the prisoner did was done in selfdefence.
Re-examined. I say that now—I think I deserved what I got. When prisoner came into the public-house he had some scratches on his face. I had two friends outside, a man and a boy; there were 10 or 12 friends of the prisoner, men and women. No one was holding the prisoner. Prisoner was running away when someone said to me, "You are bleeding"—prisoner was 20 or 30 yards away. When I was nearly strangling him he was punching me and trying to get out of my grip. All I know is he had been having a row with some friends of mine; I asked him if he would stop the row with this friend of mine—Ivey. He said, "I will have his life." Then we started fighting. I punched him. Several blows were struck between us before I got hold of him. He got the scratches fighting with Ivey and others.
WILLIAM BOOKER , potman, "Lord Nelson," Watney Street. On July 15 at about 1.45 p.m. prisoner and prosecutor and several others were in the bar. Prosecutor said to prisoner, "Come outside. I want to speak to you," and they went out. A minute or two afterwards
I went out and saw the two men struggling together in the road. They gripped each other and were separated by some women. There were no men there then. Two or three women were holding the prisoner. Prosecutor was in the middle of the road by himself. Prisoner got away from the women, and pointed a revolver at the prosecutor; it clicked and missed fire twice; then he pulled the trigger again and there was a loud report; prisoner turned and ran down Martha Street. Prosecutor took two steps back, half took his coat off and ran after him. (To the Judge.) They had not taken their coats off when fighting. The two men were perfectly sober.
Cross-examined. I was in the same bar. I did not see the first meeting and could not say if they had been drinking together. When I came out they were in the middle of a crowd of men and women—it lasted about five minutes. There was a good deal of excitement; the people were running from all directions. I could not see how the two were gripping each other—what their hands were doing.
Police-constable HARRY LEFTWICH, 109 H. On July 15 at 1.45 p.m. I was in Watney Street and saw several people run into Martha Street. I ran in that direction. When about 20 or 30 yards from Martha Street I heard a report. I went into Martha Street and someone shouted, "That is the man who shot," pointing to prisoner who was running. I gave chase. Prisoner ran into 29, Martha Street. I searched the place, but failed to find him. I went back to the spot and went to the London Hospital, where I saw prosecutor suffering from a bullet wound.
JAMES ELRICK ADLER , L.R.C.P., house surgeon, London Hospital. On July 15 prosecutor was admitted suffering from a bullet wound in the chest. There were two wounds, the bullet having entered the right side under the great pectoral muscle about the fourth rib, passed under the muscle and gone out, leaving a wound about 6 in. long. Prosecutor had a very big muscle; he is a very strong man. The bullet (produced) was found in his clothes. It is a small pistol shot, and has a piece of serge inside it from the clothing. The wound in itself was not dangerous, but was in a dangerous position. Had the man been standing straighter to the prisoner or the bullet hit him half an inch behind it would probably have entered the lung; it ran superficially to the lung. The wound healed up by first intention and the prosecutor went out in five or six days.
Cross-examined. Prosecutor was kept five or six days for the purpose of observation because I could not clean the whole track of the wound; if there had been inflammation I should have had to cut down. Prosecutor is an exceptionally powerful man, very well built. He said he had been bitten, and there was a small abrasion on his hand; there were no marks of bruising on his face.
Sergeant FREDERICK WILLING, H Division. On July 15, at 9.30 p.m., I went to 61, Sutton Street, and was making inquiry of prisoner's relation when prisoner shouted from the front room, "Here I am; I know you want me; I will give you no trouble." He came into the passage, and I said, "I am a police officer. I am going to
take you into custody for shooting Edward Emanuel." He said, "All right. They kicked me on the legs, and look at my face." I said to Mrs. McCarthy, who was there, "Is there a revolver in that front room—I am going to search for it?" Prisoner said before she could speak, "I threw the revolver away on the roof of a house in Blakesley Street." I took prisoner to the station. The next morning I searched the roofs of the houses but could not find any revolver in Blakesley Street.
Cross-examined. Prisoner's face was out—scratched here and there; he had a partially discoloured black eye as of old standing; it did not look at if freshly done.
Re-examined. Prisoner did not call my attention to his throat or neck.
JOHN MCCARTHY (prisoner, on oath). On July 15 I was living at 29, Martha Street, when prosecutor fetched me to the "Lord Nelson." He gave me a drink, and asked me about a row with Henry Ivey, and said, "You know Henry Ivey is a good fellow and he does not care much for money. What do you want to have a row with Ivey for?" I said, "I know that; I know he is a good chap. I do not want to have a row with him—let it drop—I have had enough of it." He stood me several drinks after that, and he kept on bringing up old things about Ivey and one thing and another, and said, "You know what class you are—a dirty little closet—will you fight me?" I said, "No, I do not want to fight you; you are too big for me." He said, "Take me anywhere and fight me—take me in your own backyard if you like." I said, "I do not want to fight you—let the row drop." He said, "Come outside." He went outside and I would not go out. Then he came back into the bar, bolted the door, and went to make a rush at me, when Mrs. Pride and Mrs. Bousfield got between us. Mrs. Bousfield unbolted the door—she was a friend he had a drink with—and he went out and kept calling me out, and at last I went out. He then got hold of my throat by my handkerchief, threw me across a barrow and nearly strangled me. I had not an earthly chance to strike him. Mrs. Craig bit his hand and got him away from me. She was one of his friends—he had just paid for a drink for her. After I got away from him I pulled the revolver out to frighten him and he kept on rushing at me with this (sharpened tin-opener produced)—I do not know what it is—and I pulled the trigger twice and it would not go off; he kept on rushing at me and I pulled it again and shot him; I ran away and he ran after me to my house. The revolver is an old thing which I have had for eight years—it has been loaded three or four months in one chamber. I only had it to frighten him with. I was so excited that as I ran I threw the revolver over a house. It is the first one I have ever fired. While he had me on the barrow he struck me two or three times in the face and kicked me about four times. I had not an earthly chance to do anything
to him; all I tried for was to get away; I was properly in fear of my life.
Cross-examined. I had never carried a revolver before. When they told me he wanted me I knew what he was; I put the revolver in my pocket. I had only put one bullet in three months ago—it had six chambers—I did not put more in because I was afraid it would go off of itself—I kept it in the cellar. I took it because I knew what prosecutor was—knew he was a terror—to frighten him; I had no intention of shooting him. I drew the trigger three times because he kept on rushing at me; he was four or five yards away when I shot him. No women were holding me or prosecutor; he kept on rushing at me with this knife. The potman's evidence is not true; I do not believe he was there at all—outside the public-house. In my opinion he has only come to save his licence because the row was commenced in the house and prosecutor bolted the door on me. The manager served us with drinks. There were five men friends there of the prosecutor; the women followed in afterwards; there was not one friend of mine there. He sent round to me where I was working; then he sent to my father's place and then he came himself. I went because the woman I was working for said, "You had better go and see what he wants"—I was frightened of losing the job where I was working as they kept on coming and annoying her. (To the Jury.) Mrs. Rylands picked this weapon up and brought it to our house. She is away hopping. I have been out on bail—I could have subpoenaed her but she will not come, she is frightened. I had not got the knife when before the magistrate—I had it three weeks ago.
EDWARD EMANUEL , recalled. I have never seen the weapon produced in my life before. When we came out of the public-house I got hold of the prisoner by the throat as he says and I put him on the barrow. If I had that in my hand how could I kick him at the same time? I never saw that before; I have witnesses to prove that I had nothing like that.
WILLIAM BOOKER , recalled. I have never seen a thing like the weapon produced in my life. I saw nothing in the prosecutor's hands. Prisoner and prosecutor could not have rushed at each other because they were closed. (To Mr. Birnie.) At the police court I was asked if there was a knife.
Verdict, Guilty of unlawfully wounding intentionally but without malice.
It was stated there were convictions against prisoner, but none for violence.
Sentence, Three months' hard labour.
Mr. James D. Cassels prosecuted.
BERTRAM SEBASTIAN PANTON , assistant to Hylands, Limited, jewellers, Cheapside. On July 27, 1908, at 12.35 p.m. prisoner came into my shop with another man. He wore a silk hat, braided morning coat and vest, blue serge trousers, black tie. The other man said, "This gentleman speaks no English—I will interpret for him." I was then asked to show diamond rings. I showed him a tray of 50 or 60, and asked what price. He said price did not matter. I took out a marquise ring marked £30; prisoner handled it, gave it back to me and I put it in the tray. I then showed him a five-stone half-hoop which prisoner handled, returned, and I put in the tray; that is the one stolen. I then handed him a similar ring at £23 15s. The interpreter did not handle the rings. These rings were on a square tray in rows in plush; two selected were in one row and the third above nearer to me. Prisoner spoke to the interpreter, and he asked to see some coloured stone rings which I turned to get, the tray of diamond rings being on the counter. I showed a tray of coloured rings from which one was taken out, and a tray of opal rings, of which none were-Examined. He then said he would call back in the afternoon. That came from the interpreter, I think, without his speaking to the prisoner. I said, "All right," and they left. As they were leaving the shop my suspicion was aroused. I looked at the tray of diamond rings and found substituted for one of the rings the 9-carat and paste ring produced. I went to the door and saw the prisoner walking towards Friday Street about three doors from my shop. I went up to him as he was turning the corner, took hold of his cuff and said I wanted him to come back as he had just looked at some rings. He said in broken English, "Where is my friend." He came back with me. I called a constable and gave him in charge. I cannot say that I saw the prisoner take the ring.
Cross-examined. I assert that prisoner took one of the rings: there were about 50 or 60 on the tray; I may have said at the station I did not know for certain how many were on the tray. There was another customer in the shop sitting next to me, a chair from where prisoner was standing. He could not see whether prisoner substituted a ring. When the constable had come the other customer spoke to prisoner in French—he just answered the prisoner's question and then told the constable and myself that prisoner said he had not taken it. I knew the customer's face but not his address. I do not understand French. When I caught prisoner he said in English, "Where is my friend?"—Speaking like a Frenchman—I understood him from the way he moved his hand.
Re-examined. The other customer had come in for a watch glass and I handed him over to another assistant to attend to the prisoner and his friend. The customer was there when I discovered the ring was gone.
Police-constable FRANK SMALL, 564 City. On July 27 I was called to Hylands; Limited, and saw the prisoner detained; there were, I ✗nk. Two other customers. Panton explained the case to me and the prisoner made me understand he could not speak any English. I
took him to the station where he was charged through an interpreter. While in the shop there was some commotion in French between the prisoner and a customer which I did not understand.
Detective ERNEST NICHOLLS, City. On July 27, at 2.30 p.m., at Cloak Lane Station, I interpreted the charge to prisoner. He said "I did not steal the ring, and he"—pointing to Panton—" did not see me take it. The other man is not my friend—he is my interpreter. I met him at Charing Cross Station when I went to get my baggage£out." I then asked the prisoner for his name and address. He gave his name as Charles Medcin, and said, "I do not know my address in London. The interpreter arranged the room for me. He has got my pocket-book with my card and address inside, also my money consisting of Bank of England notes to the value of £30 and 300 francs in French postal orders." When I asked him further about his address he said it was somewhere in the direction of Hampstead, he did not know where. He also said, "I gave the interpreter the pocket-book and contents as my card was frequently wanted from it." He said he was on a holiday of 15 days, and had only been about five days in London. He gave his parent's address as Mme. Medcin, 18, Rue Latourbie, Garouline, Alpes Maritimes, France—he wrote that out.
Cross-examined. When I explained the charge the prisoner said, "I did not steal the ring." I have not seen any letter addressed to prisoner at Brixton—I know nothing of it.
Prisoner's statement before Magistrate: "I have no means of raising a defence as the police have taken my letters and money." Asked if he wished to call witnesses: The gentleman who was in the shop, but I do not know his name.
CHARLES MEDCIN (prisoner, on oath). My name is Gaetan de Sussan. I had been in London five days—I had been here four years ago. I have been sentenced before in England for a forged signature. I went to France afterwards and have always worked there. I have a certificate of good conduct signed by the French police and a certificate of work. I came here for a fortnight's holiday. I wanted to purchase a ring to send to my sister. I went to the shop of the prosecutor. I asked to see some diamond rings. I was with an interpreter. Panton showed me a tray of diamond rings and two rings in a box, a marquise of £30, and another ring £20. I told him they were too expensive. He showed me another tray of rings in which there were some rings missing. This tray contained rings of all prices down to £1. I said I should come back in the afternoon and should be able to buy one, but a cheap one. I went out of the shop. I had my pocket-book, and I wanted to put down the address, but I cannot write properly. I handed the pocket-book over to the interpreter to write down the address. I was walking in front of him and turning the corner when Panton took hold of my coat and took me back into the shop. I showed him the interpreter
standing on the other side of the road in front of the shop writing down the number of the shop. Panton drew me into the shop, closed the door, and told me I had taken one ring. I told him I did not understand English. There was a customer there who stood up and said in very good French, "I will interpret for you. The assistant says you have taken a ring." I answered, "No," and he said, "That is a fact; I never saw you touch the rings." A policeman was sent for, and I was taken to the police station. This assistant accuses me of having taken a ring; he does not know himself how many rings were in the tray. On what ground does he place his accusation? There were rings of all prices on the tray.
Cross-examined. I am a mechanical fitter. I met the interpreter at Charing Cross Station. I did not know him. When I went into the shop I said, "Show me some rings," and they showed me marquise rings of all prices. I said I would come back in the afternoon because I wanted to think over it. I was in front of the interpreter as I left the shop; he was across the road taking down the number in the pocket-book; I was standing still when Panton touched me.
Re-examined. I want to tell the Jury that I have my papers in perfect good order, and my passport signed by the Commissionaire de Paris three weeks before I landed in England. I was born in Monte Carlo. (Papers read.)
Prisoner confessed to having been convicted at this Court on April 3, 1905, receiving 15 months' hard labour for uttering forged endorsements on cheques stolen from letter-boxes. He had received one month for the unlawful possession of a stolen cheque at Marlborough Street on November 10, 1904.
Sentence, 18 months' hard labour; recommended for expulsion under Aliens Act, 1905.
Mr. Heddon prosecuted; Mr. Huntly Jenkins defended John Thorpe.
EUGENE LAPP , 8, Great Newport Street, Charing Cross Road, cook at the Ritz Hotel. On July 23, 1908, at three a.m., after leaving work, I was passing the Palace Theatre when the female prisoner spoke to me at the corner of Old Compton Street and asked me to go with her. We went to 145, Shaftesbury Avenue. Before entering she whistled to a man about 100 yards off in the street. We went upstairs into a room, and after a few minutes she opened the window and called out, "Hullo, is that you, John?" I had paid her 6s. She said, "My husband is coming up." The male prisoner came into the room and said, "What are you doing here?" I said I was sorry if it was his wife—she had taken me there, and went into the corridor where I received in the darkness a very strong blow on the head from John Thorpe with a knuckleduster—I saw something shining
in his hand. I fell down about 12 stairs; he followed and gave me another blow on the mouth, cutting my lips and knocking out two teeth. I received another blow on the arm, I think on the first floor. I then got out of the house. I had my coat on. My hat and waistcoat (produced) were shown to me the next day by the police.
Cross-examined. I went into a back room. John Thorpe did not seem surprised to see me. He said, "What are you doing here?" and told me to go out. I went out at once alone into the corridor before I was struck. It was quite dark there—I saw something shining in his hand—I have always said so. When I first saw the woman she pretended to be looking for something.
Police-constable JOSEPH HEATH, 364 C. On July 23 at three a.m. I was on duty in Shaftesbury Avenue when prosecutor told me he had been stabbed; he took me to 145, Shaftesbury Avenue, where in the third floor back room I saw the female prisoner. Prosecutor said the prisoner had taken him there, had called a man named John up, who had hit him and stabbed him, and that the woman had stolen 6s. from him—he afterwards said he had given it to her. The woman said there had been no man in the room that night. The prosecutor was bareheaded; he had a jacket on, but no waistcoat.
WILLIAM MITCHELL . I live on the top floor at 145, Shaftesbury Avenue. The female prisoner was living there. On July 23 in the early morning I heard a quarrel and then a thud as if somebody was falling downstairs—I heard it twice—there is a landing between two flights of stairs.
Police-constable GEORGE HILLIER, 76 C. On July 23, about 1.20 a.m. I was on duty in Shaftesbury Avenue going westwards when I saw the two prisoners with four or five other young men going eastwards. I walked to Cambridge Circus, when I saw a crowd outside the Palace Theatre; I turned back and found a woman lying on the pavement who had been assaulted by a man who was afterwards arrested by two other constables. I accompanied them towards the station, when I saw the two prisoners had followed us. The female was on the north side of Shaftesbury Avenue and accosted a gentleman at Wardour Street; the male prisoner stopped a few yards behind her on the opposite side. She then left that gentleman, walked on to Dean Street and stopped another man, the male prisoner again stopping on the opposite side. They both then went to the Palace Theatre and stood conversing together for about 10 minutes and walked together to Charing Cross Road, where they parted. This was between 2.20 and 2.30 a.m. Shortly afterwards I saw them again together going towards Shaftesbury Avenue. I saw no more of them until I went off duty at six a.m., when I saw the female at the station and learned that the male prisoner was wanted. I put on plain clothes and went to 10, Duport Place, where he was arrested. While on my beat at 3 a.m. The male prisoner passed me at St. George's Church, Denmark Street. Then as I passed 145, Shaftesbury Avenue I saw blood all over the street door and on the pavement.
three cuts on the upper lip and a great deal of bruising. One cut was right through the lip an inch long, and required two stitches to get it into place; there was another rather large cut; the third was a small cut. Two teeth were missing, and on the next day I discovered also that he had a wound nearly an inch long near the elbow on the right arm which was scabbing over, doing well, and required no further treatment. There was a large bruise on the left forehead with some excoriations on it, but no definite wound. The cut on the arm was a straight, clean-looking cut which might have been done with an instrument or might be a split in the skin due to a fall. It was quite superficial—through the skin and no more; I think it possibly might have been done by a projection of the staircase. I am strongly of opinion that the large wound on the right lip was done by something other than the fist; a knuckleduster would do it. It was a very severe injury to the upper lip. It has all healed up very well, indeed; you can hardly see it now.
Cross-examined. I could not say that any of the wounds were caused by an instrument; the injury to the upper lip might have been caused by a fall down the stairs. I think if the assailant's fist had caused such an injury to the lip as this the fist would have been injured; the edge of a stair might have caused it. There was more bruising than would have been caused by a knife; the lip was very much bruised as well as cut. The mark on the forehead clearly was not a cut; that was a bruise. The mark on the arm was quite superficial; I do not say that was a cut from an instrument; it was rather long but not at all deep; only about one-eighth of an inch. (To the Judge.) On each side of the lip there was a wound and one in the middle quite small. The one on the right side was very large—an inch long right through the lip; that on the left was about half that size.
Re-examined. I could not say if it was more consistent with a blow from a fist containing a knuckleduster or with falling on wooden stairs; I think the edge of a stair might have caused the injury. You would get the lip squeezed between the teeth on one side and the hard object on the other; whether that hard object were a knuckleduster or a wooden step I could not positively swear.
Sergeant JOHN PROTHEROE, C Division. On July 27, at 7.30 a.m., with two other officers, I went to 10, Duport Place, and found the male prisoner in bed. I said, "You know me to be a police officer. I have come to arrest you for causing grievous bodily harm to a man at 145, Shaftesbury Avenue." He said, "I know nothing about it." Later, while dressing, he said, "Was he a foreigner?" I said, "Yes." He then said, "I threw him downstairs. What would you do if you saw a man in the room with your wife, your girl?" I said, "I understood you to be single?" He said, "Yes, that is right." He was conveyed to Great Marlborough Street Station, there charged, and made no reply. The female prisoner was there at the same time—she made no reply to this charge; she was there also on another charge. She said, "He (meaning the prosecutor) gave me the money." Prosecutor agreed to that.
(Saturday, September 12.)
JOHN THORPE (prisoner, on oath). I live at 10, Duport Place, John Street, Golden Square, with my father and mother. I am a porter, and have been employed for some months by Townley, Dean, and Co., tailors, 18, George Street, Hanover Square. I have kept company with the female prisoner about 12 months, and was engaged to be married to her. She was employed at Crosse and Blackwell's, Charing Cross Road. We lived together for some time across the water, we had a disagreement, and I went back to live with my parents. If she was living an immoral life I was not aware of it. On July 22 I left business at 7.30 or 8 p.m., went to the Holborn Empire, and met her about 12 in Pulteney Street at the "Queen's Head" accidentally. When we came out she told me she had lost her purse and looked for it. She was with another young woman who had gone home. We then went to a coffee-stall at the corner of Endell Street, had a cup of coffee, and she went home Oxford Street way. I left for home, going down Shaftesbury Avenue, and having to pass the door where she lives, and as she told me she had lost her purse, I went to her room to give her a couple of shillings. When I got into the room I saw a man there. I asked what he was doing in that room. He said, "All right, all right." I said, "You have no business up here, you had better get out of this room." He said, "No, he would not get out of the room." I asked him a second time, and he said, "No." He got as far as the doorway by a sort of a push with the elbow which he gave me. I turned round and struck him in the mouth with my fist. As I hit him he fell over to the banister and rolled down the stairs without my using any instrument whatever. I should say he went down a dozen to 18 stairs. I then went downstairs and straight home. When the police came to arrest me I said to Protheroe, "What is the charge?" He said, "Do you want me to tell you while your mother is here?" I said, "Yes, I am not frightened to let my mother hear, because I have done no harm." He said, "Attempted murder will be your charge." When we got to Marlborough Street they charged us with maliciously wounding and cutting Eugene Lapp, and stealing 6s. by means of a trick. When Protheroe arrested me I said, "I threw him downstairs. What would you do if you found a man in the room with your girl—your wife?
Cross-examined. I was not aware that the female prisoner had immoral relations with other men; I became aware of it when I found the man in the room; I had no suspicion of it before. I had parted with her between 12 and 12.30; I went to her room between one and two. Hillier's evidence is not true. I was not in Denmark Street at 3.20 or 3.30; I was home in bed at three. I opened the street door of her house with my own latchkey which fits her door. As I got up to her room she said she had a lady there, and I said to her, "you are doing wrong." The door was open. I was not in the yard at the
back. She did not call out to me through the window. Prosecutor was wearing a coat and hat; I know nothing about the waistcoat. I went out after him without going back to the room. I never saw the hat afterwards or the waistcoat, until I got to Marlborough Street. I cannot explain how the hat and waistcoat got into the back yard. I had nothing in my hand when I struck the prosecutor, nothing but my bare fist. (To the Jury.) I did not give her the 2s. when I found the prosecutor there; I said to her, "What are you doing that for?" and walked out immediately. I had no intention of knocking the man downstairs. When I told Protheroe "I threw him downstairs," that is what I meant, by striking the man. When I hit him he went against the banisters, and he must have fallen down the stairs. (To the Judge.) I had made it up with her and was again engaged to get married to her—that was about six weeks after. I had lived with her at 26, Gray Street, Waterloo Bridge Road, then I had a disagreement with her and went home; then she wanted to get nearer her work and I helped to move her things to Shaftesbury Avenue. I had not exactly given her up. She was living at 145, Shaftesbury Avenue, for two or three months. I began to get talking to her, went up to see her, and we made it all right between us. I used to use my key to open her door, because I used to go up to take her for a walk or to a music-hall. I tried the key one night when she had dropped hers down the area—we had been out for a walk together.
JOHN PROTHEROE , recalled. On July 23 at seven a.m. I examined the wall dividing 143 and 145, Shaftesbury Avenue. There were recent marks as if someone had climbed over. At the back of No. 143 I found the waistcoat and hat produced, showed them to the prosecutor, and he identified them.
MAUD THORPE (prisoner on oath). Maud Thorpe is my name. On July 23 I was living at 145, Shaftesbury Avenue. I had gone for a walk with a lady friend; at about 12 p.m. we went to the "Queen's Head" in Pulteney Street, and met the male prisoner and a young man, his friend. We had two or three drinks there together, came out at closing time, and said "Good night" to the young man—I told the male prisoner I had lost my purse. He said he was very sorry, and I left him to go home. At the corner of Old Compton Street and Charing Cross Road I was talking to some girls; I walked a little way with one and she left to go home. I then met another girl I knew at the corner of Greek Street and her young man came up and said he had struck a woman that had insulted him. A plainclothes officer came up, arrested him, and took him to the station. I followed with the girl to Vine Street and went into the waitingroom. I then said I had lost my purse, and the policeman said, "If you go back and look for it you might find it." I then left the station, came down Shaftesbury Avenue and Greek Street. I take my oath I accosted no man whatever. I was looking for my purse in Greek Street when the prosecutor spoke to me and asked what I was looking for. I said I had lost my purse and had no money to get through the next day. He therefore asked me if I would take him home with me and offered me the amount of 6s. I took him
home with no intention of any harm happening to him whatever. I do not get my living in an immoral way. I have worked at Crosse and Blackwell's four years as an occasional and seven months as a regular hand.
Cross-examined. Hillier's evidence is untrue. When prosecutor was in my room I heard footsteps on the stairs; I knew the footsteps, and I said, "My goodness, there is my young man—go out." Prosecutor said, "No, he would not, no." The male prisoner came in and asked what he was doing there. I did not say, "My husband is coming." The last I saw of the waistcoat and hat was prosecutor had the waistcoat in his hand and the hat on his head. I can give no explanation of how they came in the yard at all. (To the Judge.) I have known the male prisoner 12 months or more—his name is John Ralph; my name is Maud Thorpe. At the station he gave the name John Thorpe and I gave the name Maud Thorpe. I do not know how long he had been passing under that name. We lived together as Mr. and Mrs. Thorpe.
Verdict: John Thorpe, Guilty of unlawfully wounding; Maud Thorpe, Not guilty.
Convictions against John Thorpe proved: April 1, 1903, at this Court, two terms of five years' penal servitude in the name of John Ralph, for wounding with intent and shopbreaking; February 5, 1903, bound over for housebreaking; June 8, 1898, at Marlborough Street, shopbreaking, sent to an industrial school. During the past 10 months stated to have been employed with a very respectable firm of tailors in George Street, Hanover Square; but at night time observed to have been haunting the streets with the woman and to have been with her at her room, whence shrieks of murder had been frequently heard.
Sentence, Three years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Friday, September 11.)
JOHN POTTER, John (54, stevedore) ; feloniously robbing James Carr and stealing from his person eight cards, his goods, and at the time of such robbery using personal violence to the said James Carr; feloniously robbing James Carr and stealing from his person eight cards, his goods.
Mr. de Michele prosecuted.
JAMES CARR , 19, St. Philip's Road, Dalston, schoolmaster. On July 24, about 12.15 a.m., I was walking along Kingsland Road, after which I do not remember anything till I was in the hospital with a black eye and a bruised elbow. On the night before I had some
visiting cards (produced) in my right waistcoat pocket. I had also a blue pencil, and two of the cards are marked with it.
To Prisoner. I was injured, but I do not recollect you doing anything, nor do I know you. I always keep my handkerchief in my right-hand pocket. I did not drop the cards. I have never suffered from fits. I had a slight attack of the heart once or twice, but have never fallen down nor had a faint.
GEORGE LEGGETT , cabdriver. At 12.45 a.m., on July 24, I was driving my cab across Kingsland Road when I saw a pair of feet projecting out of a garden, and a man bending over them: I drove on, spoke to a policeman and took him back. When I got to the corner I saw prisoner run out of the garden. A constable then ran after him and caught him, saving, "Come back and see what you have done." Prisoner put his hand in his trousers pocket and pulled out some cards which he threw on the floor. The constable picked up the cards; then assistance came, and the other man was taken to the hospital, and prisoner to the station. (Carr stood up.) That is the man who was injured. He was unconscious.
To Prisoner. I am positive I saw you come out of the garden. It was the policeman's duty to put the man on the ambulance. In such a case I should always do exactly as I did, fetch the police. The hospital was close by. If the policeman had asked me to put Carr in the cab I should have done so.
SIDNEY FOSTER , house surgeon, Metropolitan Hospital. The men Carr was brought to the hospital at one a.m. On Friday, July 24. I saw him at 9.30, when he was unconscious. He had been bleeding from the nose and mouth. His breath smelt of alcohol. He had a graze on the left ear and on the left elbow. Subsequently a black eye developed. Later in the day he recovered consciousness. He was suffering from concussion. I thought, perhaps, he had had a blow in the right eye, and may have had one on the nose. He developed delirium tremens on the Sunday and became unmanageable, so I had to send him to the infirmary.
To prisoner. I do not think the injuries to Carr would be caused by a fall or faint. I do not remember whether it was hot weather at the time. A person who had concussion from an injury does not remember being hit, and may go on for half an hour, even driving a horse, then become unconscious, and will not remember what happened in that half hour.
To the Judge. Delirium tremens may come to a fairly temperate man after one or two little drinking fits, if he gets concussion, and it may come from concussion alone. I stated at the police court that the man was admitted at one o'clock.
Police-constable ALFRED ALLEN, 211 J. At 12.35 a.m., on July 24, I was on duty in Kingsland Road when I received information from a cabman, and went to 303, Kingsland Road, where I saw a man's feet projecting over the footway; the body was in the gateway. Just before I got there prisoner came out of the gateway and walked towards Shoreditch. I went after him, and asked him what he had
been doing. He said, "Nothing, gov'nor." I said, "You must come back and we will see." I took him back and detained him till Police-constable 96 came up, who then examined the man on the ground. Meanwhile prisoner put his hand in his right-hand jacket pocket and pulled out something which he tried to drop. I said "What have you got in your hand?" He made no reply, but put his hand back and pulled out a tobacco pipe. Shortly afterwards he pulled out several visiting cards which he threw on the ground, and I picked them up. (Cards produced.) I then handed prisoner to two other constables, and he was taken to North London Police Court. (Legged stood up.) That is the cabman who was there. (Leggett identified the witness.)
To Prisoner. It was close to Kingsland Bridge where I arrested you. That is not 1, 000 yards from where the thing happened. I was not shouting. (To the Judge.) I have not made this case up against prisoner.
JOHN POTTER (prisoner, not on oath). On the night in question I was simply walking along leisurely smoking a pipe. I heard somebody shouting and looked round, when I saw the constable running. I stopped and said to him, "What's the matter?" He said, "Come along with me." I went back with him, and when I had done so he said, "Who has done this?" I said, "Done what?" I didn't know what he was alluding to till I looked properly and saw a man lying there. He helped the man up, and I was going to help him. I absolutely know nothing about it. There were plenty of people besides me going home, and plenty looked round, but I stopped to see what the constable was running for.
Verdict, Guilty of robbery with violence. Prisoner confessed to a conviction at North London Sessions on May 31, 1904, receiving 18 months' hard labour for warehouse breaking. About 20 other convictions were proved, mostly for assault and larceny, dating from 1893; there were also 12 summary convictions for drunkenness, etc.
Sentence, 18 months' hard labour. The cabman was awarded £1.
ARTHUR BASNETT, Arthur (34, agent), and ALFRED HENRY DAVIES, Alfred Henry (52, warehouseman) ; Basnett stealing 119 boxes and 237 1/4 dozen pipe bowls, the goods of Paul Deguingand and others; Davies receiving 127 tobacco pipe bowls, part of the said goods, well knowing them to have been stolen; Basnett stealing nine lace blouses and one piece of elastic belting, the goods of Maurice Victor Varhouver.
Basnett pleaded guilty.
Mr. W.B. Woodgate prosecuted; Mr. Walter Stewart defended.
—DIVALL, warehouseman, said that he packed the bowls, and now produced the goods.
Cross-examined. The bowls were in the same condition when I packed them as now. The cheapest price of wooden bowls is 12s. 6d. a gross. The value of the goods was £59 6s. 3d.
Cross-examined. I have been for 16 years in the business. you would not be able to tell the value of the bowls from one sample.
Re-examined. We have not sold any bowls as cheap as 1s. a dozen, and I have not heard of any at such a price.
—HOFFMANN, traveller. I know Davies. On August 5 I met him, when he said, "I have 100 dozen pipe bowls. Can you get me a customer?" I said I would try. He told me to go to his warehouse at Golden Lane to get a sample. I went there and got a sample from the man Barker. I then saw Davies in the "Cat," and he said that he wanted 6d. a dozen for them. I next went to Mr. Hollebrand, 82, Bunhill Row, and showed him a sample. He said that he did not think he could do anything with them, but he would show them to a customer and let me know. Eventually I sold them to him at 8d. a dozen, receiving £3 4s., £2 10s. Of which I handed to Barker. Receipt produced is what Davies showed me. I sold 100 dozen except three. I got them from Barker, who came with me to Hollebrand's. The receipt is, "Davies and Co. Received of Mr. Hollebrand £2 10s. for job line of pipe bowls," made out to me and dated August 5.
Cross-examined. I am not in the same employment as I was then. It has never been suggested that I was the receiver of stolen property. I did not expect to get 8d. a dozen for the pipes. It was the first time I had dealt in them. I should say that Davies had no expert knowledge of the goods. Mr. Hollebrand wanted to give 7d. at first. I first heard at the Mansion House that the bowls were worth £3 a gross. I could not say that the lowest price was 12s. 6d. a gross.
—HOLLEBRAND, 82, Bunhill Row, pipe maker. Mr. Hoffmann, whom I know, came to me with a pipe bowl, and I eventually bought 100 dozen from him at 8d. a dozen.
Cross-examined. In my business I fit single bowls to mouthpieces. I could not tell you the value of these bowls. I did not think I was buying much under value. From what I had seen, there was some fault in the bowls. Some manufacturers sell the article cheap and some dear. No one has ever suggested that I was not a perfectly honest tradesman.
JOSEPH CHARATAN , pipe manufacturer. On August 5 a sample of the bowls was offered to me for sale. I was asked to pay 5s. a gross. I ought to know something about the price of pipe bowls; you can get them as cheap as 12s. a gross. I thought the bowls could not have been honestly come by as they were offered so cheap, so I said that if they were all as bad as the sample I could not do with them,
but that I should like to see the bulk. The man promised to come in the afternoon; in the meantime the detective had made inquiries.
Cross-examined. Davies has nothing to do with the business of pipe manufacturing. A man might be tempted to buy things outside his trade by the lowness of price. I have seen these pipes sold at 1d. a piece on the barrows.
Mr. Stewart said that as far as establishing the handwriting was concerned, he did not object, but the documents could not be evidence otherwise.
Mr. Woodgate said that he wished to show that the two prisoners were well known to each other and had been in trade together.
His Lordship said that counsel must prove it by something more than that. All the document could prove was that it was in the hand, writing of Basnett.
Witness. At the time the document produced was written there was a sort of partnership under the "Direct Market Supply." I do not know of any signed agreement. I also was connected with them. (A number of documents were identified by witness as in Basnett's handwriting and one in Davies's.) The receipt is in Basnett's writing.
Cross-examined. I remained in partnership with Davies for a few months. There was nothing discreditable connected with the business when the three of us were together so far as I am concerned. There were light disputes between us, but Davies did not refuse to recognise the other man. I should say the partnership between Davies and Basnett lasted a few weeks. I could not say which of the two terminated it.
HENRY ALBERT BARKER , builder and hard goods dealer. On August 5 I was at Davies's offices in Golden Lane when Basnett came and asked for Davies, waiting till his arrival. When he came I saw Basnett show him a pipe bowl, for which he asked 1s. a dozen Davies said he did not think it was any good to him, but, after hesitating for some time he offered 9d. and asked him if he had an invoice. Basnett said he had not, that it was a job line, and that the other man had got the receipt, and he was at the warehouse. After some time he asked him to send the lads with the barrow and they went to fetch them from the warehouse. By Davies's instructions I handed a music seat to Basnett; that was taken away on a truck two or three hours afterwards. I had seen Basnett at Davies's shop about twice before. I was there fitting the place up. When the officer was there he said to me, "Davies says he does not know the man" (Basnett). I said, "He does, but he is upset."
Cross-examined. When Davies said he did not know Basnett it had been suggested that he was a receiver of stolen goods. The place where I was doing the repairs is a large place about 80 ft. by 30 ft.
I had been there for six or seven weeks. During that time some business had been carried on. I saw nothing to show that Basnett was in any way connected with Davies's business. There was no attempt at concealment when the conversation took place between Basnett and Davies. Davies said, "Where did you buy them?" referring to the goods. It was the day before Bank Holiday and Basnett said he wanted some money. I should have bought the goods myself if they had been brought to me in that way. I had no idea then that Basnett was a thief. I think Davies knew as much about pipe bowls as I do; that would be nothing. When the officer told me that Davies had said he did not know Basnett, Davies said, "I do not know what I am saying," and I don't suppose he did, he was so very drunk the night before and nervous in the morning. The receipt (produced) signed "Nicholls" was lying on the desk as I came through. Basnett brought the pipe bowls in a trap and carried them in openly through the front door. I did not see the money pass. The police did not arrive till six days afterwards.
Detective-inspector HALLAM. On August 7 I had occasion to go to Hollebrand's shop, when he showed me some pipe bowls. On the next day I saw Davies at 10 a.m. I said who I was and that I was making inquiries respecting pipe bowls, which he sold to a man named Hollebrand through a man named Hoffmann. Davies said, "They were brought to me by a man and I have the receipt in the office." I told him they were stolen in the open street. He said, "Is that so? I had no idea, they were stolen; the man brought them to me in the ordinary way of business; I have got his receipt." We then went to Davies's office, 49, Golden Lane. He produced the receipt signed, "George Nicholls." "Received from Messrs. A. and H. Davies and Co. The sum of £3 15s. for a job line of briar pipe bowls, with thanks." He then said, "The man came here last Thursday with a sample of pipe bowls and said he had a job line for sale and wanted £5. I gave him £3 15s. I examined the bowls and asked him where the stems were. He said they were in the other boxes. He brought the boxes here the same day. I had never seen the man before, but I thought everything was all right. I frequently buy goods in the same manner if the seller presents his card. I got a card from this man, but I cannot find it. I asked Hoffmann if he could find a customer and he did. He sold them to a man in Bunhill Row. I received £2 10s. from Hoffmann for the goods and gave him 3s. for himself. I lost money over them." I then told him the goods were worth £25. He said, "I should not have thought it." I told him I should be compelled to take him into custody. At that moment Barker came in and Davies said, "I am going to be locked up for these pipe bowls." Barker said, "What, the pipe bowls you bought last Saturday?" Davies said, "Yes." Barker said, "You bought them from a man you know." Davies said, "Yes." I said, "You just told me you bought them from a stranger." He made no reply. I examined the warehouse, then took prisoner to Bridewell. I called his attention to the date to the receipt, which was August 1, the day after the robbery, not
Thursday as he had said; that would be August 6. He said, "All right." At this time Basnett had not been discovered. We traced him through the bowls to Messrs. Roberts, of the Minories, where a number of pipes had been placed.
Cross-examined. Basnett took the whole of the pipes to Messrs. Roberts an hour after they were stolen and deposited them for the night. Messrs. Roberts had known Basnett as a cartage contractor and canvasser. When I interviewed Davies it was not known that Basnett was the thief. I think Davies was trying to deceive me when he gave a different day as being the day of the transaction. I saw him on the 8th; he said he received the goods "last Thursday" (not "on Thursday"), which would be the 6th. The goods were stolen on July 31. I am sure Davies said, "last Thursday." I wrote it down about two hours afterwards. With that exception Davies told me the truth. He said he had lost on the transaction. He was upset when I saw him. I think he was trying to deceive me about his knowledge of Basnett. I could not say that prisoner was recovering from a drinking bout; he looked rather seedy.
Cross-examined. There was nothing in the appearance of the boxes to suggest they were dishonestly come by.
—CALLEBERG. On August 1 I saw Davies in Golden Lane, when he showed me a pipe bowl and asked my opinion of it. Later I saw the bowls at Davies's place and saw Basnett there, who took away a music stool. On a later day I saw Davies at Bridewell, when we had a conversation, part of which related to finding the other prisoner. Davies told me it was said that there were two witnesses to prove how much was paid for the goods, and that I might as well say the same. I had not seen any money pass.
Cross-examined. I do not know that I could have seen the receipt if I had liked. I was acting as clerk to Davies at the time, and had been for about 10 weeks. I saw the boxes on the premises; they were there from Saturday to the following Friday. There is a considerable frontage to the shop, but there were not very many people about, the business had only just started. Nothing was done to prevent anyone seeing the goods.
Basnett's statement before the Magistrate was put in at the request of Mr. Stewart✗: "I wish to state that Davies knew nothing about the goods being stolen. I told the police I received no money which was a falsehood. I told the pipes to Davies. I took a music stool. He valued it at a guinea. He paid me £2 14s. In cash."
Mr. Stewart here said that he did not understand the course Mr. Woodgate was taking in examining this witness.
Judge Lumley Smith said it seemed to him that they were all getting rather irregular.
Witness. (To the Judge.) I received no cash from Davies, only the music stool. The receipt signed "Nicholls" is in my handwriting. I do not think Davies looked at the receipt.
Cross-examined. I have not been sentenced yet. (To the Judge.) I do not know what the value of the music stool was—about a guinea. I sold it for 7s. 6d.
ALFRED HENRY DAVIES (prisoner, on oath). I am a fancy dealer and job buyer, and the proprietor of the business, the name of which appears on the receipt. I started it about three months ago. Basnett has worked for me on several occasions, but never as a partner. At one time Holloway suggested a partnership between the three of us, but that was never carried out. Basnett was paid on commission. I closed the shop up and he left. Holloway was my landlord then. That was two years ago. I have had no transactions with him since, except that he has worked for me once or twice. Barker has given a true account of what took place in my shop. Basnett asked £5, and I agreed to give him £3 15s. On condition that he took the music stool for a guinea. I paid him £2 14s. almost immediately in my back office, two sovereigns, a half, and two 2s. pieces. Basnett said he was starving, and it would do him a great favour if I bought the bowls, so I did after a lot of persuasion. He said he bought the goods in a job line. They were no use to me when I got them. I never bought a pipe in my life; I do not smoke one. I laid them out on the tables so that anybody coming in could inspect them. I had no knowledge or suspicion that the goods were stolen. I did not know the receipt had "Nicholls" on it; I never looked at it at all, thinking it would be all right. When the inspector told me the goods were stolen it frightened me; I did not know what I was doing. I do not remember telling the detective I did not know Basnett. I said to him, "I didn't say I didn't know him." He said, "You did say so." No one told me that Basnett was the thief. The first time I knew was when he was charged with me. I got no offers for the goods during the six days they were in my place. I authorised Hoffmann to sell them for 50s. The night before the detective came I had been to a party and got intoxicated, and I had several drinks in the morning to try and get me right. It came as a shock to me to be told that the goods had been stolen. I do not remember the officer asking me the date of the transaction; the first I remember of the date was when the detective told me at Bridewell. If I gave him the wrong date it was with no intention to deceive; I went to look for the receipt and other papers directly.
Cross-examined. Basnett said he had paid every farthing he had for the pipes. I did not know that he had been in trouble before. I put the receipt away amongst other papers, but never looked at it. If the man was a stranger I should look at a receipt. I have Written on the Direct Market Supply paper because it was in the
shop; it was not mine. I do not remember being asked questions by the detective about knowing Basnett. The former did not call on me; they were in Golden Lane and I went to them. I do not recollect what I said to the officer. I recollect paying the money to Basnett, because that was a week before, when I was strictly sober and had not been upset.
Re-examined. Barker was not present when I paid Basnett. There were three detectives and the prosecutor present when Inspector Hallam had his conversation with me. Basnett had always previously been most upright with me. I gave the name and addresses of Basnett to the police. (To the Judge.) When I gave the receipt to Nicholls I did not look at it. I deal in music stools and furniture. The stool, being solid mahogany, Basnett said he thought he would get a profit on it, but he did not, or said he did not.
A police officer was called, who said that he accompanied Inspector Hallam to Davies's place and that Davies said he did not know the man from whom he bought the goods; had never seen him.
Cross-examined. This would be about 10 minutes after we had been there. I do not remember the officer reproving prisoner for having bought goods from a man he did not know. I think that must have taken place in the street before we got to the premises.
Verdict (Davies), Not guilty.
Basnett confessed to a previous conviction. Another conviction was also proved.
Sentence: 12 months' hard labour on both indictments, to run con-currently.
It was stated that prisoner had been in honest employment up to two months ago.
Sentence, Six months' imprisonment, second division.
Mr. Beaumont Morice and Mr. Walter Stewart prosecuted.
ALICE QUIRK , wife of prisoner. In June last prisoner left me, and on August 19 I was walking with a Mrs. Booth to Tower Bridge Police Station, about 5.20 p.m. My husband followed me and called me back. I turned round and went to him. He said, "I see what you done outside the 'Pagoda'." I said, "What did I do?" He then stabbed me in the wrist. I thought he was punching me, but when I looked round I saw the handle of the knife. I ran away screaming and told a police officer. That is the knife produced.
a knife. It was similar to the one produced. Mrs. Quirk ran across the road screaming; her wrist was bleeding.
To Prisoner. I never saw a knife in your hand; it was done too quick. I could not tell on which side of you I was standing. I didn't hear you say anything.
Police-constable CHARLES WEBB, 126 M. On the afternoon of August 19 I was on duty in Bermondsey Square. About 5.30 prosecutrix ran towards me, bleeding from the wrist. I asked what was the matter and she said, "Look what my husband has done," showing me her wrist and pointing to the prisoner. I said, pointing to prisoner, "Is this the man you mean?" She said, "Yes; he cut my wrist with a knife." I told prisoner I should take him into custody for wounding his wife. He said, "I did it; I shan't run away." His right hand was in his right coat pocket, and I pulled it out. He had a knife, which was covered with blood. (Knife produced.) It is a fish knife. I took him to Tower Bridge Police Station. The woman's wrist was bleeding very profusely.
To Prisoner. You did not tell me to blow my whistle for assistance.
GEORGE FRENCH STEBBING , house surgeon, Guy's Hospital. I attended Mrs. Quirk on August 19 at a quarter to six. She had two wounds on the front of her left wrist, one starting an inch and a half above the hand and running downwards and outwards for two inches, another starting an inch above the hand in the middle of the wrist and running outwards for the distance of an inch. Twelve out of 13 tendons had been out through and one of the main blood vessels. She has not much movement yet in her hand. She will not recover its use to the full extent. We had to perform an operation the same night.
Inspector JOHN RUCK, M Division. On August 19, about 5.45 p.m., prisoner was brought to Tower Bridge Station by Webb, who made a statement and showed me the knife produced, which he told me he had taken away from prisoner. I told the latter I should detain him pending inquiries at the hospital. I then went to the hospital, where Dr. Stebbing informed me that it was necessary for the woman to have an operation. I returned to the station and charged prisoner with unlawfully and maliciously wounding with intent to do grievous bodily harm. When the charge was read over prisoner said, "Well, I have got to put up with it; that is all I have got to say." I searched him and found a small pocket knife.
JOHN QUIRK (prisoner, not on oath). I wish to say I never struck her with a knife. As I struggled with her her hand came on to it; that is how she got cut. I struck her with my fist. The knife was in my breast pocket. I gave it to the constable as soon as he arrived; there was blood on it. As I struck her I knocked her hand back and it came on the knife.
On March 3, 1907, prisoner was sentenced to one month's hard labour for deserting his wife and family, and on February 20 this year he was bound over for six months for disorderly conduct.
Sentence, Twenty months' hard labour.
BEFORE MR. JUSTICE PICKFORD.
(Saturday, September 12.)
Mr. Greenfield prosecuted; Mr. Hawtin defended.
FREDERICK WILLIAM CREES , farmer, Northwood, near Uxbridge. On July 22 I employed prisoner to cart hay and stack. At 6.30 p.m., being dissatisfied with him, I discharged him and paid him 3s. 2d., being 4d. per hour. I told him to clear off his things. We worked in the field until 8.30 and then left. I drove home and on my way was spoken to by a witness. I drove back and found the stack on fire. I found Police-constable Jenkins, 725 X, outside the gate. We drove along the road and came up with the prisoner and his wife. I told him he would be charged with setting fire to the stack. He said, "I was not going to have 3s. 2d. and the rest have 4s. It was not me, it must have been some other b—that done it." We took him to the police station and charged him. The whole rick was burned and a waggon-load of hay as well. The damage was about £130.
Cross-examined. I was insured. There is a gate to the corn field and the rick would be about 20 yards from the gate. There was also a waggon-load of hay so close that they would be bound to go together if fired. There is a hedge behind. There is nothing to fence off the hayrick from the field. I paid him on the road. I had not change and went to get it. When I left at 8.30 it was getting dusk. You could see until 9.30. It must have been a fine sunset, because they were making hay. It was a little breezy, if I remember. I found an old bag and a coat about 10 yards from the stack. I found them as I was going out about half way between the haystack and the gate. I did not hear prisoner say anything about its being an accident. He said several things. He might have said it was through lighting a pipe.
Re-examined. I generally pay the casual labourers off every night. I saw his coat and old bag under the tree half way between the gate and the rick. I put them in the ditch. I then met prisoner and his wife coming up the road towards the rick. I called out and told him his coat and bag were in the ditch.
Further cross-examined. Prisoner was coming in the opposite direction when I was driving home. I was in a dog-cart and driving sharp. I did not stop to tell him I had put his coat and bag in the ditch. It is possible he did not hear.
ALBERT TILLIER . I was employed by prosecutor in his field on July 22. At about 8.30 prisoner spoke to me a few yards from the rick. He asked me if I knew what the gov'nor had done with his cost. I told him I did not know. I jumped on my bike and rode about 20 yards towards home when I found my front tyre had gone down and I stopped to pump it up. I looked back and saw prisoner had gone to the rick. I looked through the hedge and saw the prisoner strike a match, as I thought, and light his pipe, and he set fire to the hayrick about chest-high. He took a handful of lighted hay right round the rick and also round the vanload of hay by the side of it. I immediately got on my bike and went to see if I could find prosecutor. I saw a constable and shouted to him what had happened, and we went to prosecutor, and went down in his pony and trap and overtook prisoner about half a mile away from the spot. His wife was with him. She was just outside the gate of the field when he set fire to the stack.
Cross-examined. He was just outside the gate when he asked about his coat. I never left the main road. I am sure I was not more than 20 yards away, because I had no sooner got on my bike than I had to get off again. When prisoner was, as I thought, lighting his pipe, he was standing close against the rick. When he turned I did not see any pipe. I saw the fire originating from where prisoner stood. The waggon of hay was about a yard and a half or two yards from the rick. It was quite light at the time. Prisoner did not try to stamp out the fire to my knowledge. He went right round the rick and came back on the outside of the waggon. There was a slight breeze. In all hay fields, as a general rule, they are allowed a certain amount of beer a day. I started there in the evening, and I know then every man received one half pint; I had one myself. I don't know what prisoner had during the day.
Re-examined. I did not see a pipe at any time. I have no doubt as to what I saw. Prisoner was in ordinary workman's dress; I can't say whether he had a sleeve-jacket on or not. I did not notice whether he had an overcoat on when he spoke to me at the gate.
By the Jury. He was not smoking.
H.W. BRAY. I was in the field at the time in question and left about 8.30, when I saw prisoner. He had his wife with him. When about 150 yards off I heard somebody halloing out that there was a fire. I turned round and saw that it was our rick. I ran back, and just before I got to the rick I see prisoner come from the rick. I had a run round and never see nobody else near. The rick was on fire and prisoner walked away.
Cross-examined. When I first saw prisoner he was coming from the rick and had just got to the gate. His wife was about 150 yards from the rick; afterwards she was outside the gate. I was about 15 or 20 yards from them when I saw the rick on fire. Prisoner was not running away.
Police-constable WILLIAM JENKINS, 725 X. At about 8.30 p. m., on July 22, Tillier said something to me, in consequence of which I
went to the field and saw the rick in flames. Prosecutor drove up in his trap. Bray said the man had just gone up and we overtook him, and I told him I should arrest him for setting fire to the rick. He said, "Do you think I'm going to have that? He paid me 3s. 2d. and the other men 4s. for doing the same work." He was charged at the station, when he said, "I deny the charge." On the way to the police court the next morning he said, "It was quite an accident. I lit my pipe and threw the match down, and that is how the rick caught fire. I jumped on it and tried to put it out, but I could not, and let it burn." He was searched at the station, when an old clay pipe was found upon him. There were no matches.
Cross-examined. When I first saw prisoner I was in prosecutor's trap. Prisoner did not then say anything about its being an accident. If prosecutor heard him say so, I did not. He may have said so. I made a note of what he said at the time. He did not say, "What! Do you think I was going to do that?" He said, "Do you think I am going to have that?" A little old knife was found on him, also a towel and some soap—not a comb. He wished them given over to his wife. There was no tobacco.
Re-examined. The notes I made when I arrested him are in my book.
Prisoner's statement before the Magistrate: At 8.30 last night I left the "Crown" public-house at Northwood—me and my wife. As I was going along the road I met Crees. He said something about my clothes. I went into the field where I left them, and when I went away at six o'clock I could not find them. I said to my wife, "Perhaps somebody has put them round the rick," as my wife and I had laid there the night before. I went all round the rick and could not find them. I pulled my pipe out and lit it and threw the match down and went towards the gate with my wife, who said the hay was alight. I turned round to jump on the flames, but could not put it out. When outside the gate, about half a dozen yards down the side of the road, I found my coat and sack. It was quite an accident.
W.F. CRESS, recalled. I saw prisoner go away when I discharged him at 6.30. He had on a kind of sleeve waistcoat, as he has now, and I found out afterwards he had gone away without his things. When I met him at 8.30 I shouted to him that I had left his clothes in the ditch. He had no coat on.
ALFRED BEARCROFT (prisoner, on oath). On the night previous to July 22 I slept in the field by the haystack, close against the tail of the waggon. I worked for prosecutor on the 22nd. I had my coat and a sack containing cooking things. The coat is the one I have on. When I went to work in the morning I left my coat underneath a bush about 10 yards from where I slept. I put the sack down and chucked my jacket over on the top of it. I was paid off by the prosecutor
about six o'clock, about 150 or 200 yards from the field. I then went into the village of Northwood to the public-house where I stopped 11/2 hours or two hours. I then came up to the field to get my clothes. On my way I met prosecutor driving fast in his trap. He said something to me about my clothes, but I could not understand him. My wife was with me, and just before I got to the gate I met another man and his wife who had been working there, and asked him if he knew where the gov'nor had put my clothes. He said, "No"; and then I met a young man with his bicycle who had been working there. I asked him, "Do you know where the gov'nor has put my clothes?" He said, "No," and with that he shifted his bike into the middle of the road, got on, and rode away. I then went into the gate, and went to where I had left my clothes at six o'clock and they were not there. My wife stood against the gate. I said to her, "Perhaps they have put them round the rick out of sight as they were so near the road." I then went round the rick and came to the waggon load of hay that had been drawn up for the night ready to be unloaded. Not finding my clothes I walked towards the shafts of the waggon intending to go to the farm to find out where the gov'nor had put my clothes. I then lit my pipe and threw the match down and went towards the gate. There was some loose hay about from the waggon and rick. I did not notice the match was alight. My wife shouted out that the hay was alight. I tried to kick it out. It then caught the rick and flared up and caught the hay in the waggon. I did not take a mass of burning hay and set the rick alight. I went to the gate and said, "I can't put it out—it has got to be my master." I went five or six yards up the Uxbridge Road when I saw my bag and jacket in the ditch. I picked them up and put my jacket on, the same that I have now. Prosecutor and a policeman then overtook me in a trap. The policeman got hold of me and said, "I charge you with setting fire to that rick." I said, "I didn't. It was accidentally done through lighting my pipe."
Cross-examined. I don't remember saying to the constable, "What! do you think I am going to have that? He paid me 3s. 2d. and the other men 4s. for doing the same work"—no agreement was made with me when I went to work. I heard prosecutor say as he passed me, "I have put your clothes"—but I did not hear where he said he had put them.
MARGARET BEARCROFT (prisoner's wife). My husband and I went to the field to search for his coat and sack. He had a pipe in his mouth when he came up but whether he had when searching I cannot say. I then saw the hay on fire, and called his attention to it. He immediately jumped on it and tried to put it out. I then saw the rick on fire. There was no one about then, but as we came from the rick a man came running along and said, "That is old Crees's rick—it serves him right." He did not take a bundle of hay and set it alight. We came out when he found he could do nothing and walked towards Uxbridge.
Cross-examined. I went round the rick with my husband. He may have been trying to light his pipe.
Verdict, Guilty. Prisoner confessed to a conviction in the Court of Summary Jurisdiction of Faringdon, Berks, on July 9, 1906.
Sentence, Eight months' hard labour.
BEFORE MR. JUSTICE PICKFORD.
(September 13 and 14.)
Claude Howard Reuben LEVY, (31, motor mechanic), was indicted for and charged on coroner's inquisition with the manslaughter of William James Burr. Prisoner was tried at the July Session (see page 559), when the Jury were unable to agree.
Mr. Muir and Mr. W.W. Grantham prosecuted; Mr. Walter Stewart defended.
All the witnesses called at the former trial now repeated their evidence. In addition the following evidence was called for the defence. LILIAN PLUCKROSE, tailoress. On June 27, about 11.30 p.m., I was standing at the corner of Artillery Lane, looking towards Liverpool Street, when I saw a motor car coming along; its speed was less than that of the ordinary motor omnibus; I did not take much notice of it. As the car neared me I heard the horn sounded several times. Burr and Mrs. Calcutt were crossing the road, and as the horn sounded they came to a sort of a standstill; the car, which had slowed up, then went on again; as the two people started to go on across the road, the car swerved round and knocked the man down.
Cross-examined. The car was going fast, but I have seen cars go faster.
Mr. Justice Pickford, in summing up, said that the charge against the defendant was what was called manslaughter by negligence. In order to convict him the Jury should be satisfied that he caused the death of Burr by what was termed gross or culpable negligence. It was not enough that the defendant committed an error of judgment, or that he might have been guilty of want of care or skill, which might impose on him a civil liability for damages for the accident. There must be what was called gross or culpable negligence. He was not going to attempt to put before the Jury an accurate definition of what that was. It amounted to this—if the negligence was such as the Jury thought under all the circumstances amounted to recklessness, to something more than a mere error of judgment or slight want of skill—then that would be culpable negligence. That did not sound a very accurate definition, but it could not be an accurate definition, because in every case the question must be: "Is it what, in the circumstances, the Jury think is gross or reckless negligence?" That did not depend entirely upon whether the accused was exceeding the statutory speed limit. If he exceeded the statutory speed limit, then he was committing an unlawful act, and if he caused death while committing that unlawful act, that would be manslaughter. But the question whether, in the Jury's opinion, it was gross or reckless negli-gence
did not necessarily depend on whether he was exceeding the statutory speed limit or not. If a man were driving on a country road where he could see a mile or a couple of miles ahead of him and if there were no side roads as far as he could see coming in, if he was driving over the speed limit it might be that in law he would be responsible if anything happened, although probably a Jury would not say that in fact he was doing anything grossly or culpably negligent. But, on the other hand, if he were driving within the speed limit—say 18 or 19 miles an hour—down one of the crowded, narrow streets near this Court, without looking where he was going and without blowing his horn when there were a number of people going about, then probably the Jury would say that he was committing an act of gross negligence, although he was not exceeding the speed limit. Although the speed limit was to a great extent important, it was by no means necessarily a criterion of whether the act was gross and reckless negligence or not. It depended on the place and circumstances in which the act was done.
Verdict, Guilty. Mr. Muir stated that prisoner had been convicted at Andover on April 28, 1905, under Section 1 of the MotorCar Act (either recklessly or negligently driving, or driving at a speed and in a manner injurious to the public), and fined £50 and costs; at Worcester, in December, 1905, of driving at a speed injurious to the public;; fined 20s. and costs; at Hailsham on April 24, 1907, of the same offence, and also not stopping on demand; fined £12 and £3 and costs; on July 2 of this year he was convicted at Marylebone of exceeding the speed limit and fined £10. This last offence was during the pendency of the present charge of manslaughter, and that was one reason why it was felt necessary to put prisoner on his trial a second time. Mr. Muir added that he had looked at the section of the Motor Act which dealt with the suspension of a driver's license, but it would seem that only a Court of Summary Jurisdiction had power of suspension. The County Council, which granted the license, had no power to suspend or withdraw it. Anyone who chose could apply for a license. It was on record that, in Hertfordshire, some man (it was to be hoped a practical joker) had applied for a license in the name of a blind man, who sat at a street corner, and had obtained it. Even on this conviction the County Council had no power to withdraw prisoner's license. All they could do would be to see that upon any new license that he took out there were endorsed all the convictions that were endorsed on the old license; and, as this Court could not order the endorsement, the present conviction of manslaughter would not appear at all.
Prisoner explained that his conviction on July 2 was for an offence on a day before June 27. As for the other convictions, they were for driving along straight country when nobody was about. He had driven at least 24, 000 miles, and this was the first accident of any kind that he had had. He had long ago made up his mind that he would never drive again.
Sentence, Four months' imprisonment, second division.
BEFORE THE RECORDER.
(Saturday, September 12.)
Mr. H.L. Ormsby prosecuted.
JAMES ARMITAGE. JUN . I am manager to my father, James Armitage, sen., who is a building contractor at Sunderland. I came to London on August 6, and on August 8 I boarded a 'bus between Charing Cross and Piccadilly, and on the way to Walham Green I met prisoner. At Walham Green I stood him a drink. After that I heard he was out of work and I stood him a breakfast. That would be about 10 o'clock. I told him I had run short of money and should have to wire home. I asked him to direct me to the post office and he went with me. I had been up all night and was not quite sober. In the post office I dictated a wire to prisoner, and he wrote it asking my wife to send on £3 to Walham Green P.O. Having sent the telegram, we boarded the 'bus again, which had in the meantime been on to Putney and returned and we went down to Liverpool Street. On the return journey from Liverpool Street I missed him and found he was sitting inside. We got back to Walham Green, I suppose, about one o'clock in the afternoon. I went on and completed the journey to Putney, so as to give plenty of time for my telegram to be replied to. At Putney I found prisoner had left the bus. I came back to Walham Green, went into the post office, and found the telegram had been cashed. The signature to the acknowledgment form produced is not my signature. I gave no one any authority to sign my name. I next saw prisoner on the following Sunday afternoon in Walham Green. I walked behind him until I came within a few yards of a constable. Then I tapped him on the shoulder and said, "Halloa, old boy, how are you getting on?" He said, "I do not know you." I said, "You knew all about me yesterday on the bus." He said, "No, I have never seen you before in my life. I only came to town last night with father to buy horses. Will you come up and see him?" I then gave him into custody. He said he would make it hot for me. I never told him to get that money.
SELINA MARTHA TERRY , clerk at Walham Green Post Office. On Saturday, August 8, prisoner and Mr. Armitage came into the office together. Mr. Armitage asked one of the clerks to write a telegram for him to send for some money. The clerk refused, as it would be contrary to the regulations, and prisoner offered to do it. I was standing by and saw the telegram handed in and it was duly despatched. The prisoner and Armitage then went away. About two hours after prisoner came in and spoke to the paying clerk. I was the senior clerk on duty. He asked if there was a telegraph money order from Sunderland for Armitage. He was asked who the sender
was and answered "Mrs. Armitage." That is the question we have to ask. He was asked what was Mrs. Armitage's initial and replied "A." That did not correspond with the telegram, on which the initial was "M." The clerk then referred to me, as senior officer, to know what she should do. I asked prisoner what Mrs. Armitage's Christian name was, as I thought perhaps he might not understand the word "initial," and he replied "Mary Ann." The clerk then gave him the money and the order to sign. He took it from the desk and signed "J. Armitage" on the form produced. Mr. Armitage came in later and asked the clerk the same question, whether there was a telegram for Armitage. He was told the money had been paid, but he was not shown the form as we are not allowed to do that until we are told. I think he came in about three o'clock, but I am not positive as to the time. It was about an hour after prisoner had been. On Monday morning I was taken to Walham Green Station and identified prisoner. I should think he was with a dozen other men.
Police-constable GEORGE MANNING, 293 T. On August 9 I was on duty in Walham Green. Prosecutor came up to me and said, "I wish to give this man in charge for obtaining £3 on a money order by telegram yesterday, which was sent me by my wife." Prisoner said, "I never see the man before. I do not know what he means." I took him to the station and charged him. He made no reply to the charge.
Detective WILLIAM FOX, T Division. I was present when prisoner was identified by Miss Terry from among eight men of similar appearance. On the way to the police court in a hackney carriage, in company with the last witness, prisoner said, "Now, look here, sir, what do you advise me to do, speaking as man to man?" I said, "I am not going to advise you to do anything." He then said, "Well, you know, we had been drinking together all the morning and riding on buses. He got me to write the telegram and afterwards told me to go and get the money. I was short, being out of work. I kept the money and spent it."
Prisoner, called upon for his defence, admitted all the facts of the case and said that being a bus driver he rode on the omnibuses free, but, the day being fine, the conductor wanted the top for use and made him go inside. When he got down at Walham Green he thought prosecutor was following him into the post-office. In the office he got the money as detailed in evidence. On coming outside he could see nothing of the prosecutor, and, being short of money, he was afterwards tempted to part with it to pay some money he owed.
Verdict, Not guilty, the jury being not satisfied that prisoner had not authority to sign for the money.
The Recorder observed that prisoner could not be convicted on this indictment of misappropriating under the Larceny Act of 1901.
Mr. Ormsby thought there might be some difficulty there.
Alfred LEE, (32, polisher), and Joseph MANN, (29, labourer) ; both robbing Frances Wilkinson and stealing from her person a purse containing the sum of from 4s. To 5s., the goods and moneys of Robert Wilkinson and at the time of such robbery using personal violence to the said Frances Wilkinson.
Mr. Bett prosecuted.
FRANCES WILKINSON , wife of Charles Robert Wilkinson, 41, Drummond Crescent. On the night of Saturday, August 1, I had been out with my husband. About half-past 10 I was in Euston Street coming from the Euston Road, when prisoner Mann caught hold of me by the throat, struck me in the face and in the breast, and threw me down. I struggled with him. I had my purse in my pocket. When I got up Mann said to Lee, "Hold her while I run away." While Lee had hold of me I felt a tug at my coat, which tore two buttons off. A lot of men came up afterwards when I screamed, and then the constable came up. I asked him to take Lee into custody. He asked me if I had lost anything and I said, "No," and he then released Lee and I went home with my little girl. When I got home I found I had lost my purse, which had contained 4s. Or 5s. I saw Lee ten minutes afterwards, when I came back with a constable. Mann was arrested on Monday morning, August 3. I picked them both out from nine or 10 others.
FRANCES FLORENCE GREEN , daughter of last witness by a former husband, described the assault. As she and her mother were coming home by Euston Street prisoner Mann caught hold of her mother and knocked her down by the throat and struck her in the face and breast. He called to Lee to hold her and ran off down Lancing Street. When they got home her mother missed her purse and went back with a policeman.
Police-constable WILLIAM NORTH, 272 S. On August 1 I was on duty in Euston Street and saw prisoner Lee struggling with Mrs. Wilkinson about 10.30 p.m. I asked what was wrong, and she said, "This man's friend has knocked me down and run away." I said, "Has this man struck you at all?" She said, "No," and I did not take him into custody then because there did not seem sufficient evidence. I had not seen any assault, and there was no charge of felony. She came back again shortly afterwards and said she had lost her purse. I accordingly searched the public-houses and found Lee in the "George" public-house, Drummond Street. I told him I should arrest him as being concerned with another man in stealing a woman's purse. He said, "You have made a mistake." He was taken to the station by another officer and detained. I arrested Mann in bed at one o'clock on Monday, August 3. I said to him, " I am a police officer, and shall take you into custody for being Concerned with another man in knocking a woman down in Euston Street and stealing her purse." He said, "I admit I was there with Lee. The
woman caught hold of me and said, 'I have caught you.' I shook her off and walked away." I took him to the station, and a little later he was put up for identification with eight other men.
Mrs. WILKINSON, recalled, said there was no truth in the statement that she caught hold of Mann and that he shook her off.
ALFRED LEE (prisoner, on oath). On August 1 me and Mann were going down Euston Street and the woman (Mrs. Wilkinson) caught hold of Mann and Mann shook her off and walked away. Then she came back to me and said, "You are his f—g confederate." "Well," I said, "What about him?" She replied, "He has insulted me and I am going to hold you." She had hold of me from the corner of Euston Street to the corner of Seymour Street. A crowd assembled round me and the woman. Two constables came up. The one who has just gone out of the witness-box said, "What is the matter?" She said, "This man's friend insulted me and I wanted to give him in charge." I said, "Well, give me in charge then." The constable said, "Clear out of it," and I walked away to the "George" public-house by the side of Euston Station. About 10 or 15 minutes afterwards the policeman came and took, me to the station on a charge of stealing Mrs. Wilkinson's purse.
JOSEPH MANN (prisoner, not on oath), said that as he was going down Euston Street Mrs. Wilkinson caught him by the shoulder and said, "I want you." He gave her a shove and walked away. She then went to his brother's sweetstuff shop in Seymour Street and asked for 5s. not to proceed with the case.
Mrs. WILKINSON, recalled, said she had never known prisoner Mann, but had known his two brothers years ago. It was not true that she had asked them for 5s., but they had offered her 10s. To look over the matter.
Verdict: Both Guilty. No previous convictions except for drunkenness.
Sentence: Each prisoner, 12 months' hard labour.
John WHITE, (32, labourer) , pleaded guilty of burglary in the dwelling-house of Arthur Mansfield, with intent to steal therein; assaulting William Field, a constable, in the execution of his duty, with intent to resist his own lawful apprehension; burglary in the dwelling-house of Henry Edward Rawlings, and stealing therein two halfpennies, one hammer, and other articles, his goods.
Prisoner was described as a professional burglar, and has been the subject of many previous convictions.
WILLIAM FIEILD , the injured officer, stated that he arrested prisoner at 222, Wandsworth Road, as he was coming through the fanlight. He caught hold of prisoner, who said, "There is only two of us. I am going to have a cut for it." Prisoner kicked him several times and broke his ankle, which was still very painful.
Dr. SOPER, co-divisional surgeon, Wandsworth Division, said when he examined the last witness the ankle was very much swollen, and he thought it was sprained, but on examining it with the X rays he found one of the small bones of the ankle fractured.
Sentence, Seven years' penal servitude.
Mr. C.E. Alabaster prosecuted.
THOMAS NEWMAN , living in Mile End. On August 14 I was in the "Masons' Arms," Bow Common Lane, with prisoner and two other men I came out to go to the urinal and was followed under the archway. I was seized from behind and my head jobbed into my chest, while, at the same time, my legs were pulled from under me and I was thrown to the ground. I think there must have been three men concerned by the way I was held. Having thrown me on to the ground they rifled my pockets. I lost about 15s.; 10s. 21/2 d. was found on the ground. Prisoner had his left hand on my throat so that I was very near strangled, but I could see his face. I tried to holloa out. His right hand was in my waistcoat pocket when the policeman came up and took him off me. The other man got away. I heard prisoner say, "You have made a mistake. I do not know the man." He had been in my company an hour and a half or two hours.
Prisoner put questions intended to show that when the police arrived he was himself helping the prosecutor up, but this the latter denied.
Police-constable GEORGE DEAN, 634 K. On August 14 I was in company with Sergeant Lavington in uniform in Bow Common Lane. By the side of the "Masons' Arms" is an archway leading into a yard, and as we neared this I heard someone say, "Oh, help!" We were on the spot immediately and I drew the attention of the sergeant to three men on the ground about six feet from the footway. Prosecutor was one of them. He was on his back. Prisoner was on prosecutor's right side kneeling over him, and had him pinned by the throat with his left hand. His right hand was underneath prosecutor's clothing. The other man got up and decamped. We were not able to secure him. He rushed between me and the sergeant. Prisoner looked up and saw the man running and as he rose from the ground he dropped some money from his right hand. There are some cobble stones in this archway and I heard the impact of the metal. I seized prisoner then and the sergeant helped prosecutor to his feet. Prisoner said, "I do not know him. He has made a mistake. I know nothing about it. I was coming from the watering-place." The result of what prosecutor said was that he had been drinking in prisoner's company and prisoner said, "I was not in his company. I had had nothing to drink with him and do not know him." Prosecutor's throat was examined at the station. It was red and inflamed.
Prisoner explained his attitude as before, by stating he was trying to pick the prosecutor up.
Police sergeant HARRY LAVINGTON, K 118. I was with the last officer on the evening of August 14 and heard a cry for help and went in company with the last witness into the archway adjoining the "Masons' Arms" public-house. I saw prosecutor on his back with prisoner kneeling on his chest and another man, who escaped, kneeling on his knees. Prisoner was pulled off prosecutor by the constable; the other man escaped. Immediately prisoner was seized he threw away 10s. 21/2 d. I heard the money fall on the cobble stones. I picked up half a sovereign in gold and 21/2 d. in bronze. I assisted prosecutor to his feet. There were marks on his throat when we got to the station.
To Prisoner. You were not assisting prosecutor to get up. You were kneeling on his chest.
To the Court. Prisoner had his right hand in prosecutor's lefthand pocket, while with his left hand he was grasping his throat.
Prisoner confessed to a conviction in 1899.
Sentence, Eighteen months' hard labour.
An order was made for the restitution of the money picked up.
BEFORE THE COMMON SERJEANT.
(Saturday, September 12.)
Mr. McDougall prosecuted.
PATRICK MURPHY , 81, Queensland Road, Holloway, horsekeeper. On Monday, August 10, 1908, at about 11.30 p.m., as I was going indoors Brown said he wanted to fight me. I said, "I cannot fight you now as I have only got one hand." With that he struck me and I closed with him. We both fell to the ground and the woman Pearce kicked me in the ribs while I was on the ground. When we got up Brown threw his coat off and she held it. We closed again. I had my coat on. Brown told Pearce to take it out of his pocket and let it go. We fell to the ground—I could not say which was on top—we got up, and the prisoners both fumbled in the coat pocket. We closed again, and while I was underneath on the ground they stabbed me in the head, I suppose, with a knife. The prisoners went indoors—they live three or four doors from me. A policeman came and I gave them in charge. I saw Brown on the Friday previous to this, and he started the quarrel with me then—I do not know why—I had never seen the man before in my life; I poisoned my hand by striking his teeth; we had a fair fight; I do not know if I hurt him also.
Cross-examined. On the Friday I came into the "Wellington" public house with two men. Brown was with a female. I did not hear him say, "Where is Mary gone?" I did not say, "What has Mary to do with you?" He caused the first bother—he pulled out a knife to me then and I struck him, and knocked my hand against his teeth. My friends did not interfere with him; I cannot account for his teeth being knocked out or the scar on his eye. The policeman separated us and asked if we were satisfied. On Monday night he called me and said he wanted to fight. I do not remember his saying, "Best to settle it now"—I refused to fight on account of my arm—he said, "I have got a bad eye." I did not hear him ask Pearce for his handkerchief—I do not know if his face was bleeding. I was with Pearce for one night and gave her 3s. To pay half a week's rent for a room—I did not threaten to do anything to the first man she went with. Brown's face was not smothered in blood.
THOMAS HOWARD , 81, Queensland Road. I am 14 years old. On August 10, at 11.30 p.m., I saw Brown and Murphy rolling in the gutter—Brown on top—they got up, started fighting again, and rolled under the archway of the yard fighting—then Pearce went like that (describing) to Murphy's head; Murphy holloaed out, "I am stabbed." The woman held Brown's coat on her arm, before she went like that. After the stabbing I heard something go down the yard which sounded like a piece of tin. I looked for what had been thrown down the yard but did not find it.
Cross-examined. Brown did not have his coat off at first. I did not see Pearce aim anything, but I heard it go down the yard—she was just out of the yard—after the stabbing she moved about six yards off. Brown took his coat off after he got off Murphy the first time.
ALICE ROMAYNE , 81, Queensland Road, Holloway. On August 10, at 11.30 p.m., I saw Brown and prosecutor going towards home. Brown said to him, "Mike, I want to speak to you." Prosecutor said, "I cannot see you to-night—I have only got one hand." Brown said, "I have one arm and one eye "—pointing to a black eye he had. Then Brown punched prosecutor and they went down on the ground—rolled over and over for about 10 minutes. After they were struggling for a time Brown threw his coat to Pearce while prosecutor was tying up the bandage to his hand—before he could tie it up Brown went to him again. Then I saw Brown rush to the pocket of the coat that Pearce had on her arm and they fumbled at the pocket. I waited for no more but went for the police. I am sure Brown was on the top of prosecutor.
Cross-examined. I rushed to the police because I was afraid of Brown's knife—he was supposed to have brought out a knife on Friday—prosecutor told me. Brown's face was bleeding a little. The policeman fetched Brown out of the house and we all went to the station. I got over two little walls to run for the police—I was away about five minutes. They took the prisoners to the station—the fight lasted 10 minutes.
EMMA DOWNES , 81, Queensland Road, wife of Henry Downes. On Monday, August 10, at 11 to 11.30 p.m., I heard a fight taking place as I was getting into bed, dressed and went down to see what was the matter. The men were on the ground, Brown on top. I pulled him off and said, "Let him get up and fight fair if you want to fight." I pulled him back. He said, "Let me go," swung round, and made a running kick at prosecutor. The boy Howard's mother stood close by and said, "Now, stand back and let him get up and fight fair." With that he got up and they closed again, fought, and fell. Pearce said, "Shall I do it?" Brown said, "Yes let it go," and I rushed✗ for the police. When I came back I picked up knife produced in the yard about 20 yards from where the fight took place. Pearce had Brown's coat on her left arm. I picked up the knife about 20 minutes or half an hour after—when they had gone to the station.
Cross-examined. I did not say Brown made a running kick at the police court. I handed the knife to the police the next morning.
FEEDERICK ROBERTSON HOWARD , 145, Seven Sisters Road, divisional surgeon. On August 11, at one a.m., I saw prosecutor at the station, examined him, and found he had an incised oblique wound over the right ear down to the bone about 11/2 inches long. All wounds to the scalp must be looked upon as severe. Table knife produced might have caused the wound; it would not require much force to do it. There is danger in even slight wounds to the scalp—you have the after-effects to consider; if it had been a little way off it might have been very serious. The hemorrhage would not be severe. I also examined Brown; he had wounds on the head, face, and arm not recently caused—not within a few days, at all events.
Cross-examined. Brown was not bleeding on the side of the head; I and the policeman did not wash the blood from his face that I am aware of. I am sure prosecutor's wound would have been caused by knife produced; it could not have have been caused by his falling on the pavement—there would have been abrasion—it was a clean wound.
Police constable GEORGE ALLEN, 456 Y. On August 10, at 12.45, I was on duty in Holloway Road and from information received went to Queensland Road, where I saw prosecutor bleeding from a wound on the right side of the head. At No. 85 I saw Pearce and told her she would be charged. She said, "I stood by and saw them fight, but I came indoors. you see I am partly undressed—I was going to bed." Brown then came in and said it was a fair fight. When charged at the station they made no reply.
Cross-examined. I requested them all to go to the station—that was the prosecutor, the two prisoners, and Alice Romayne—and when the case was investigated by the station officer Brown was charged. When he got to the station I found penknife produced upon him.
with two females. Pearce was there. Prosecutor and two friends came in. When I turned round and called for the drinks I saw Pearce was gone; I said, "Where is Mary?" Prosecutor came over and said, "What has Mary to do with you?" I said, "Mary is my missis. We have been away from one another since last November; I have just come back." He said, "Oh, if that is the case—" and struck me in the mouth, knocking these two front teeth out and one here, and followed it up by punching me again. I fell and received a smash across the arm from a stick from one of his friends. When I was up they were gone. I was smothered with blood. I next saw prosecutor on Monday with the witness Romayne, and said, "Mick, I wish to speak to you." He said, "What do you want?" I said, "To settle this, whatever it is, between me and you by a fair fight and be done with it." He said, "I cannot fight you, I have got a bad hand." I said, "Yes, I have a bad hand and a bad face as well." Then he refused to fight. I struck him in the chest. We then closed and both fell to the ground. I got up and chucked off my coat. While fighting I saw Pearce come up and pick the coat up. I went to my pocket and took my handkerchief out to wipe the blood from my face. We closed again and had a fight for about five minutes when prisoner halloaed out he was stabbed. I have never seen the table knife produced in my life. The prosecutor says himself I went in one direction and the knife is found in a different direction altogether.
Cross-examined. I should say the wound was done by a fall on the pavement. If I had Wanted a knife I had the pocket knife produced in my pocket. I had no knowledge that the woman had a knife and I do not believe the woman did use it. I had been living with her until last November.
Mrs. BOWMAN was called by Brown but did not answer.
Detective-sergeant JOHN BISSELL, V Division. Brown has come to my assistance and been a witness for the prosecution in several cases of stabbing—on one occasion when a constable was stabbed at Clerkenwell. He is a quiet, peaceable man when sober, but when in drink he is not. I never knew him to use a knife.
BROWN. I am absolutely innocent of this charge with regard to the knife.
PEARCE. I am innocent; I know nothing about a knife.
Verdict: Both Guilty of wounding with intent to do grievous bodily harm.
Brown was stated to have been convicted three times for drunkenness (once with assaulting the police); in 1905 he received 12 months for stealing from the person, and in 1907 six months for stealing. Pearce was said to be a prostitute.
Sentence: Brown, 18 months' hard labour; Pearce, 12 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(saturday, September 12.)
It was stated that had prisoners pleaded guilty at the police court they would only have been subject to a fine not exceeding £5, under the Parks Regulations Act. They were now released on their own recogaisances, Cox in £35 and a surety in the like, Newton in £25 and his father in the same amount.
Thomas William HAWKINS, , Frederick RAYNER, (20, labourer), and Elias WOOLF, (24, porter) ; all feloniously robbing James Halliday and stealing from his person the sum of 4s. 6d., his moneys, and at the time of such robbery did use personal violence to the said James Halliday.
Mr. Cassels prosecuted; Mr. Daniel Warde defended Woolf.
The prosecutor, James Halliday, failed to appear.
Detective JOHN STEVENS, H Division. On Saturday, July 25, about 11 o'clock, I was in Lolesworth Street, Spitalfields, with Police-constable Day in plain clothes. The street was pretty well lighted. I saw Woolf and Rayner loitering. We hid ourselves in some dwellings and kept them under observation for about 10 minutes or a quarter of an hour. I then saw Halliday come from the direction of George Yard. I saw Woolf seize him, apparently by the throat, and the other two (Hawkins and Rayner) jumped on each side and pulled him down to the pavement. Here was a struggle, and I heard someone shout, "Help! Police!" When I got out of the buildings I saw Rayner running round the corner in Flower and Dean Street. Woolf was running in the opposite direction, to Thrawl Street. Halliday appeared to be struggling with the other man. I ran after Rayner through Flower and Dean Street into Brick Lane, where he stopped in the doorway of a coffee shop, and turning round, faced me and folded his arms. He was breathing hard. I took hold of him. He said, "What's this for, Stevens?" I said, "What have you done to that man in Lolesworth Street?" He replied, "I got none of his money." I then took him back to Lolesworth Street, where I found Day had Hawkins in custody. A crowd was beginning to gather, as there was some dispute through the prosecutor not believing us to be policemen. When I had reassured him he said, "That's one of them that tried to rob me" (meaning Rayner). After uniformed officers had arrived we went to Commercial Street Police Station, where Hawkins and Rayner were charged. Rayner made no reply. Hawkins said, "I haven't got any of his money; I have only got a shilling on me in coppers; that belongs to me." when searched there was a shilling in coppers on Hawkins and various pawntickets. There was 2d. On Rayner. After that I went out with Day to look
for Woolf, and about 12.45 I saw Day arrest him in Brick Line. There were two or three others with him as far as I could see, whom I knew by sight. Woolf was put up for identification among nine others. He said he would like someone as tall as himself; it was then that one of the men who had been with him in Brick Lane came in for identification. Prosecutor was brought in and said, "That looks like one of them" (pointing to Woolf); "in fact, I believe that's him." Woolf said, "Make sure before you pick me out." To the Inspector he said, "You hear what he says, he only thinks I am the man." He was then charged. It was shortly after one when he was identified. 1s. 4d. was found on him—I think two sixpences and 4d. bronze.
To Hawkins. I did not see you till I saw you come behind prosecutor. I did not arrest you.
To Rayner. I was too far away to see what you actually did to prosecutor. When we got to the bottom of Flower and Dean Street I handed you to a uniformed constable, saying I would bring the prosecutor up.
Cross-examined by Mr. Warde. There were not plenty of people about at the beginning of this affair, although it is a densely-populated neighbourhood. The people mostly get into the shop thoroughfares. I was about 20 or 30 yards away when I saw the offence. I was on the first floor balcony of the block of buildings. I am certain that I saw Woolf there, no matter what anybody else says. I didn't hear Halliday say it was a tall, fair man that struck him. He said it was ✗ tall man, nearly as tall as himself. Halliday was not drunk. (To the Judge.) He gave evidence at the police court and said he came from Manchester, He gave his father's address there, but the Manchester police say that no such name has been there for two years.
Police-constable GEORGE DAY, 348 H. On July 25, about 11.15 p.m., I was with last witness passing through Lolesworth Street, when I saw Woolf and Rayner loitering. Knowing them, we kept observation from the first floor of some dwellings in Flower and Dean Street. After a few minutes I saw Halliday coming along from the direction of Wentworth Street, followed by Hawkins, who was a stranger to me. When they got opposite to Woolf and Rayner, the former caught Halliday by the throat; the other two caught hold of him, and they all fell to the ground. We rushed out; I went towards Halliday, who was struggling with Hawkins. The latter broke away, but was stopped by a Jew boy, and I took him into custody. He said, "I have got none of his money." I asked prosecutor to come to the station. He said, "You are no officer; I won't go without I've got a uniformed man." After a few minutes one came round and we all went to the station, Stevens following with Rayner. At 12.45 a.m. I went to Brick Lane, where I saw Woolf standing with two other men. As I approached him he said to one of them, "Here's some money for your kip." That means a bed, I suppose. I told him I would take him to the station to be identified for a robbery at 11.30 in Lolesworth Street. He said, "I admit being there, but
didn't do the job. It will be rough for me if I get picked out" He was subsequently identified and charged. I believe there were eight others when he was identified, but he said that he wanted two taller men, so I went and got them. None of the men with him when arrested were put up with him.
To Hawkins. I never saw you in Flower and Dean Street. I did not see you talking to a man your own size. The person who stopped you was a young chap about 16, I should say. You did not have a bottle of lemonade; if you had I should have taken it to the station with me. I did not see your little nephew in the street.
To Rayner. I saw you run up Flower and Dean Street. When you were brought back to the prosecutor I was there with Hawkins. Halliday was perfectly sober.
Cross-examined by Mr. Warde. There were not a great many people about at the time. There might have been more up against the lodging-house. I know Woolf is a Jew, and that there are thousands in that neighbourhood. Woolf's face is very familiar to me. When I saw him with the other men he said, "That's enough for your kip"—those were the words. Woolf has not declared all along that he was not there. If he had not been there he would not have been brought into this. The police occasionally make a mistake. It is impossible for me to have made one.
THOMAS WILLIAM HAWKINS (prisoner, on oath). I am a fruit porter at Fresh Wharf—Mr. Knill's. I have been there just on 24 years. On the night of July 25 I came out of my lodgings in Flower and Dean Street. I went to the general shop in the middle for a bottle of lemonade and was standing there with my nephew, six years old, when the young man came and presented himself as a private detective. I said, "I don't want to know what you are." Then he said, "You are implicated in the robbery." I distinctly told him he was mad. While he was talking to me a constable came round and took me to the station. About five minutes after in comes the gentleman that was robbed. He said that he had lost 4s. 6d. in silver. The constable then searched me and found 1s. in coppers. I had done 21/2 hours' work for Mr. Knill for 15d., out of which I spent 3d. Then the gentleman said it was a tall, fair man and he didn't know anything about me. As for these men (prisoners) they are complete strangers to me. I am quite innocent.
Cross-examined. The general shop is about 50 yards from the top of Flower and Dean Street. I did not pass along Lolesworth Street coming from my lodgings. I left my lodgings at 11 o'clock. I was talking to my nephew, who said, "Come on, uncle, can I have that bottle?" and I gave it him. I was standing quite still when the detective came; I had not been running. I had not seen Halliday before I saw him at the station; I do not know what time that was.
He said nothing to me. He had had a little drop of drink, but he was able to talk. I was not in Lolesworth Street at all. I have not been long in that neighbourhood. I was out at the war in South Africa, at Mafeking, Kimberley, Pretoria, Belfast, Dundee, etc., in the Royal Fusiliers. Alderman Knill knows me well and everybody down there knows me.
FREDERICK RAYNER (prisoner, on oath). On the Saturday night when this occurred I saw prosecutor drunk in Flower and Dean Street up against the wall, counting some money, as I walked by. I had been out a few nights and was a bit hungry. I saw him put the money in his pocket and his pocket was so tight that he knocked his arm and the money fell out on the pavement. I then ran up Flower and Dean Street, when Mr. Stevens came up and said, "What were you running for?" I said, "Nothing." He said, "Well, come back along with me and see what you have done." He took me back to the prosecutor and then took me to the station. When I got there prosecutor said, "I have been robbed and lost 4s. 6d. in silver." When Mr. Stevens searched me he found 2d. Neither of these two prisoners were with me when I robbed Halliday. I have just left a bit of work through being ill.
Cross-examined. It was about 11 o'clock when the affair happened. Halliday was not exactly very drunk; he could just manage to toddle along. I did not get a farthing from Holliday, though I admitted robbing him. I got the 2d. at Spitalfields Market, when I took a bag of greens out. I put my hand in the man's pocket, but he knocked it up and the money fell on the pavement.
ELIAS WOOLF (prisoner, on oath). On this Saturday night at about 10.30 I was in the company of a lad named Graham. I met him in Commercial Street with another lad. He said to me, "Woolf, going to have a drink?" I went in a public-house with the two of them. We were in there about a quarter of an hour, when Graham's friend spoke to a young woman, and about 11.20 he went out with her. I and Graham walked behind, and when he had got by Lolesworth Street be stopped and we went up to him. He said, "Stop out here and I will give you a couple of ha'pence towards your lodgings." He then went into Lolesworth Buildings with the young woman. We waited outside for two or three seconds, when the two police officers and another man went by. My friend then said, knowing what his friend went into the buildings for, "Come along, else we might get into trouble." We then went into Brick Lane, outside Smith's lodging house, where Graham lives, leaving the other two in the buildings. I stopped with him till 20 to 12. He then said he was going to bed and went down the passage of the lodging-house. I bid him good-night and went down Duval Street to a place called "McCarthy's," where they sell sandwiches. I stopped in there till about 12.20. I then came along Commercial Street and went down Thrawl Street, as I live at No. 24. I had just got down the turning when I saw the second witness and another officer that has not put himself in the case. I saw them go across to an open window and
speak to the missus of the lodging house. I went by, but they did not notice me, as their backs were turned. I stood there a second or two, when the officers came up to me. There was no one in sight. The second officer said, "I want you for identification for being concerned with two other men in robbing a man. I said, "Didn't you see me down Lolesworth Street Buildings at 20 to 11 with another lad?" He said, "Yes, the lad whom I saw you with has been taken into custody charged with the same affair we want you for." He said it occurred at 11.30. I then said, "You must have made a mistake; the lad I was along with I didn't leave till 20 to 12, and I saw him go down the lodging house where I know he lives." He said, "We don't know nothing about the case, but we have been sent out for you; the description that has been given is a man like you. If the prosecutor don't pick yon out all well and good, but if he does you must take your chance." I never said to the officer, "I admit being there." I have never been in the company of either of the other prisoners. The only way I found out who I was charged with was by asking each prisoner at Old Street what he was charged with. I had nothing to do with this robbery. The officers are entirely mistaken as to my identity.
Cross-examined. I did not see Stevens when I was arrested. When I got to the station there were three of them. I do not know the same of the public-house I was in. I am not a good scholar. Graham gave evidence at the police court. It was a warm night, if anything, not raining. I was smoking a cigarette. I did not notice if Graham was smoking. I do not remember where I got the cigarette. I can't say if Graham gave me one or I him. I buy them sometimes. The next time I saw Graham was at the police court; he was standing at the back; he must have heard the officers' evidence. It would be later than 12.30 when the officers stopped me. We had got down three turnings when the officers whistled, and Stevens came behind. I did not see Graham's friend after he went inside the building. The reason I know Graham is that he runs papers through Lombard Street and I stand outside Lloyd's Bank with apples and chocolates. He has bought stuff off me occasionally in spitalfields Market and occasionally sees me at nights; not regularly. The officers are not telling the truth when they say I admitted being there. I was not loitering. I know no more about this case than flying in the air. (To the Judge.) When I was searched they found two sixpences and 4d. is coppers. The prosecutor said he was not sure; he thought I was the man. I had never seen Hawkins before; I had seen Rayner, but not to speak to. I never gave anyone money for his kip.
THOMAS WILLIAM GRAHAM , 19, Brick Lane, newsvendor. I know Woolf; he sells fruit outside Lloyd's in Lombard Street. I was with him the whole of the evening that he was locked up. I was with a friend about 10.30, and went into a public-house in a road facing Whitechapel Church. We then came out and walked towards Aldgate. We met Woolf at the corner of Commercial Street. We then had a drink at the corner of Thrawl Street. While in the public-house
my friend picked up a young woman; he then called me and Woolf outside, and said, "While I go in the building with this young woman would you mind looking out for me? I will give you 3d. each for your lodgings." We walked round, and my friend went into the buildings with the woman, while we waited outside for about a quarter of an hour, when who should be passing but Detective Stevens and two others. They looked at us and walked by. I said to Woolf, "We had better get out; we might get locked up for some suspicions"; so we walked away. That would be about 10 to 12. We went round Brick Lane talking, and had a couple of drinks. At 12.20 I said "Good-night." About 12.30 I heard he was locked up. I did not see the other two prisoners that night.
Cross-examined. I could not tell you how many drinks we had—we had several in the "Princess Alice." I did not leave Woolf at 20 to 12, it was 20 past. (Woolf now said that he meant to have said 12.20.) It was a fine night. I could not tell you if I or Woolf was smoking. I only know my friend by the name of Lyons. I went in and warned my friend when I saw the police. After that I had two drinks with Woolf in the "Frying Pan"; we left there about 12.15. It was about five to 12 when we were in Lolesworth Street.
Verdict: Hawkins, Not guilty; Rayner and Woolf, Guilty of attempted robbery without violence.
Woolf protested his innocence, and asked to recall Police-constable Day.
GEORGE DAY , recalled. (To Woolf.) The other prisoners were in custody about an hour before you. I heard prosecutor say at the station that he had lost 4s. 6d. I did not see what was found on Rayner, and did not know at the time what was found on you. I could not say that your fists were clenched when you made the remark about, "Here's enough for your kip." I did not see what you gave the man. I could not have taken you into custody to see what you gave him; you could give him what you like. It was an hour after that when you were arrested.
Rayner and Woolf confessed each to a previous conviction for felony. Rayner had also been convicted of stealing watches and sent to a reformatory for over four years; prior to that he had been sentenced to six strokes of the birch for larceny. Against Woolf six other convictions were proved, with sentences ranging up to 15 months' hard labour.
Judge Lumley Smith said that this case presented rather unusual features, the prosecutor not being present. The Jury were satisfied that if there was an attempt to steal there was no violence, so it was clear that the bulk of the story was not accepted by them. He would pass a very lenient sentence, as prisoners had been in custody since July 27.
Sentence: Each prisoner, One week in the second division.
BEFORE THE RECORDER.
(Monday, September 14.)
Theodore HILL, (agent), HILL, Henry (54, jeweller), and Julius HIRSCH, (72, agent) ; all conspiring and agreeing together to cheat and defraud H. Kohnstamm and others of the creditors of the said Theodore Hill and Henry Hill. Theodore Hill and Henry Hill, making certain transfers of a part of their property—to wit, the several sums of £150, £100, £1, 700, and £126 10s. 6d., with intent to defraud. Hirsch, aiding and abetting the said Theodore Hill and Henry Hill to make the said transfer of the said £1, 700. Theodore Hill and Henry Hill, being persons adjudged bankrupt, unlawfully and with intent to defraud, did not to the best of their knowledge and belief fully and truly discover to the trustee administering their estate all of their personal property and how and to whom and for what consideration they disposed of a part thereof—to wit, the said sums of £150, £100, £1, 700, and £126 10s. 6d., the said sums not having been disposed of in the ordinary way of trade or laid out in the ordinary expenses of their family. Theodore Hill and Henry Hill, being persons adjudged bankrupt within four months next before the presentation of a bankruptcy petition against them did unlawfully and fraudulently remove part of their property of the value of £10 and upwards—to wit, the said sums of £150, £100, £1, 700, and £126 10s. 6d. Hirsch, aiding and abetting the said Theodore Hill and Henry Hill fraudulently to remove the said sum of £1, 700. Theodore and Henry Hill being persons adjudged bankrupt, after the presentation of a bankruptcy petition against them unlawfully and with intent to defraud did conceal the state of their affairs and to defeat the law did make certain false entries in a certain document relating to their affairs—to wit—in their affairs—to wit, in their deficiency account, the said sum of £1, 700, as the repayment of a loan made by the said Julius Hirsch. Theodore and Henry Hill, being persons adjudged bankrupt, after the presentation of a bankruptcy petition against them, attempting to account for part of their property—to wit, the said sums of £100, £150, £1, 700, and £126 10s. 6d., by fictitious expenses. Theodore and Henry Hill, being persons adjudged bankrupt and being traders, within four months next before the presentation of a bankruptcy petition against them, disposing of, otherwise than in the ordinary course of trade, certain property which they had obtained on credit and not paid for—to wit, four dozen glace kid and 35, 754 feet to Rosenberg and Co., 8 cwt. 2 qr. 16 lb. shoulders to R. Alder, 31, 851 3/4 feet box calf to A. Solomon and Co., 10 cwt. 3 lb. shoulders to A. Cunningham, 870 3/4 feet to Rosenberg and Co., 321 feet glove kid to Rosenberg and Co., and 11 cwt. 1 qr. 16 lb. shoulders to A. Solomon and Co., in each case with intent to defraud.
Prisoners all pleaded guilty to a count charging them with agreement to defraud creditors in the bankruptcy of Hill Brothers. Theodore Hill and Hirsch pleaded guilty of making a transfer of £l, 700 with intent to defraud creditors. Henry Hill pleaded guilty of transferring £240 to a Mrs. Minnie Smith with intent to defraud creditors.
The prisoners Hill came over from Germany in 1891 and had been trading as dealers in leather since 1901, commencing with a capital of £900. The adjudication took place on November 6, when their indebtedness to unsecured creditors was £11, 078, with assets nil.
The Pastor of the South Hackney Synagogue and Dr. Lermitte were called to speak of the character of the Hills. Hirsch is the father-in-law of Theodore Hill.
Sentences: Theodore Hill, six months' hard labour; Henry Hill, four months' hard labour; Hirsch, four months' imprisonment, second division, in consideration of his advanced age.
Gerald KENNAWAY, (37, farmer) ; feloniously forging and uttering, knowing the same to be forged, certain orders and requests for the payment of money—to wit, a banker's cheque for £130 and a banker's cheque for £787 10s., in each case with intent to defraud.
Mr. C. F. Gill, K. C., and Mr. Graham-Campbell prosecuted; Mr. George Elliott defended.
WILLIAM HASTINGS BEAUMONT , solicitor (of Beaumont and Sons, Lincoln's Inn Fields). My firm keeps its banking account at Messrs. Coutts, in the Strand. The exhibit (No. 2) produced to me is a book of counterfoils of the cheque book in use in the months of May and June, 1907. The cheques are to bearer. I find that on May 28, 1907, a cheque was drawn for £130. The cheque produced appears to be the cheque which was drawn on that date, but the date has been altered to 1908 by manipulation of the 7. On June 24, 1907, a cheque was drawn for £787 10s. The cheque produced appears to be the cheque drawn on that date, but the date has been similarly altered. I have neither altered nor authorised anyone to alter those dates. Messrs. Coutts return us the paid cheques every week. They are tied up monthly into bundles and at the end of six months into sixmonthly bundles. The half-yearly bundles are placed on a box or safe in a waiting-room adjoining the clerks' office. Anyone coming to the office would go along the passage to the clerks' room. In the clerks' room there is a partition in front of the door. Behind that partition there is a table at which a clerk sits. There is no one permanently in the waiting-room. There is a door in the waiting-room opening into a passage leading to my room, which is at the back of the building, so that the waiting-room can be entered without anyone going into the office. In April, 1908, I had some business with Mr. Herbert Kennaway, prisoner's brother, who called to ask if I could arrange a loan on some property he had at Sydenham. He came on the 3rd and again on the 10th, but nothing came of the business. It is the duty of our cashier to compare cheques with the pass book. My attention was called to the fact that two cheques for £130 and £787 10s. had been cashed on May 21. No such cheques had been drawn by my firm. I caused search to be made in the waiting-room
and it was found that the bundles of May and June, 1907, were missing. The method of cancellation adopted by Messrs. Coutts at that time was not very extensive.
Cross-examined. In June of this year I had no personal knowledge of prisoner. Until Herbert Kennaway called on April 3 to my knowledge I had never seen him or Gerald. Herbert came with a letter of introduction from a client of ours, a perfectly respectable client, and upon what appeared to be perfectly legitimate business, raising money on mortgage. I should think he was with me about a quarter of an hour on April 3, not very long. I do not remember whether he was kept waiting long before he saw me on that occasion. On April 10 he was with me a shorter time. I did not ask him to call I wrote and told him we had had a report from our surveyor which was unsatisfactory. He called without invitation to discuss it. The property was on a 99 years' lease with the option of purchase. I have an impression that on this occasion he was kept waiting to see me, but I am not certain of it. So far as I know, until these proceedings I had never seen Gerald in my life. We have a number of persons call at our office every day, but I cannot say how many; perhaps about 10 a day. Between the time when Herbert Kennaway came to the time when the cheque was cashed was a period of about seven weeks. Taking the average attendance, that would give an aggregate of about 400 callers. Quite apart from the suggestion that I do not know on what date the cheques were abstracted, I have no possible means of testing it. The room in which the cheques were deposited was one which people were constantly entering and leaving, practically as often as people called. In addition to people calling, my own clerks were constantly in and out; for one thing the telephone is there. As a rule, there would be very little interval without some person being in the room. A caller would go first to the opening in the partition and see the clerk, and he would not get to the waiting-room until it was known what he wanted. It would take a person some little time to undo a bundle of cheques and tie them together again.
Re-examined. There was no necessity that I know of for Herbert Kennaway to call on April 10. The waiting-room could be entered from the passage without the person calling going to the partition at all.
GEORGE ARTHUR ADKINS , clerk to Beaumont and Sons. On April 10 I was in charge of the office. There were, no other clerks except the boy. I sit at a table in the corner, which gives me a view of the clerk's office. Where I sit there is a partition 5 ft. 2 in. in height. On a person coming to the partition the boy would communicate with him and he would be shown into the waiting-room until the partner was communicated with, which would be done by telephone. I remember on April 10 hearing the name of Kennaway. I do not know whether anything attracted my attention on that day, but I happened to look up from the table when I saw a man looking over at me. I did not get up and took no more notice. I was afterwards asked to pick out the photograph of the person I saw. I afterwards picked
out prisoner from a number of men at the police station. The photo was perhaps a little smarter than the prisoner, but the face was exactly the same. I think 15 or 20 photographs were shown to me. On April 10 there were only four callers. The first was the name of Kennaway. It was about 11 o'clock when, I saw the man's head over the partition. Anybody looking over the partition in that way could see the whole office. The room where the cheques were kept could be approached from the passage without going into the office at all.
Cross-examined. I fix April 10 as the date when I saw the man looking over the partition by the call book, and because Mr. Kennaway was the only stranger that called at the office during April. I see by the initials "W.H.B." in the call book that Mr. Beaumont saw him. Mr. Herbert Kennaway called, but it was Mr. Gerald Kennaway's face I saw over the partition. I myself never saw Mr. Herbert Kennaway until I saw him at Bow Street. It is my habit to get a view of every person that comes into the office. I am largely responsible for anybody who calls, especially a stranger, and I make it my business to look over the partition and see who it is, but I do not get up from my seat, and I did not see Mr. Herbert Kennaway. I could not be so rude as to go and stand in front of a person. I did not look at the call book until after I had identified the man. I cannot say whether the man I saw looking over the partition had been shown into the waiting-room. I am positive it was not on the 3rd that this happened. I could not have been looking at him many seconds. I have people looking over the partition every day. Most callers look over the partition. I was not particularly impressed by the fact until I was asked to bring my memory back to April 10. It was not my business to get up and ask him what he wanted. I knew when I went to the police station that I was going there to identify the man whose photograph I had identified as the man who had looked over the partition. I knew that Mr. Herbert Kennaway had called at the office about a mortgage. When I saw Herbert Kennaway in the dock at Bow Street I had no recollection of having seen him before. There was a door in the passage through which prisoner could have got through into the waiting-room. All I saw was a man looking over the partition, and I am satisfied that that man after that recognition by me did not go into the room where the cheques were. If prisoner took the cheques he must somehow or other mysteriously have done it before that, but I have not said he took the cheques. After I had seen the man I went on with my work and took no further notice. You may take it that although I was at work behind the partition in my room if the man had come right through the room and gone into the other room I must have noticed that, but the man I saw did not do that. The door leading from the waiting-room is not kept locked. The lock is broken. If a man went into the waiting-room through that door I should see him if he came out into the room where I was, but the man I saw did not go out that way. The door leading into the passage is used to show clients into Mr. Beaumont's room. A client never goes out the same way he comes
in. To look over the partition in passing to see whether I was there would be rather a dangerous proceeding if he wanted to take something. I am not a criminologist. I cannot express an opinion as to whether a man having looked over the partition and seen me there would consider it the psychological moment to go into this room and commit a crime.
To the Court. A man looking over the partition could see whether the waiting-room door was shut, and that might have been a reason for his going there.
Re-examined. Standing there he commanded a view of the place and could see the line of country. On a person coming to the office the boy would take steps to telephone to Mr. Beaumont to ascertain if he was disengaged, and then would show the client to Mr. Beaumont's room. I am sure the boy was in the office at the time I saw this man look over. He sits with his back to the partition. There was nothing in the photographs I was shown to indicate the man's name. Nor when I picked out prisoner from the other men was there anything to indicate his name. I have had a number of opportunities of seeing Herbert Kennaway. I do not think he would be able to look over the partition. There is no ground for suggesting that I have mistaken Herbert for Gerald. I have no recollection at all of seeing Herbert.
DAVID BEGGS , cashier at Coutts, 440, Strand. I produce a certified copy of the entry in the cashier's book of May 21, 1907. It shows that on May 21, 1907, a cheque for £130, drawn by Beaumont and Sons, was presented and cashed. I also produce a certified copy of the entry in the cashier's book under date June 27, 1907, showing that upon that date a cheque for £787 10s., drawn by Beaumont and Sons, was presented and cashed; also a certified copy of the entry in the cashier's book on May 21, 1908, showing that on that date a cheque for £130, drawn by Beaumont and Sons, was presented and cashed over the counter. The notes given in exchange were numbered 19441 to 50. It appears from the same certified copy that a cheque for £787 10s. was presented and cashed by me. Seven £100 notes, Nos. 53109 and 53331-6, were given in exchange, eight £10 notes, Nos. 63071-8, and £7 10s. in gold. The two cheques produced appear to be those presented on that date. They were cancelled by me. At that time we cancelled our cheques by running the pen through the signature, but we have since altered our procedure. It is quite different from the ordinary procedure. Of course, at the time they were presented there was no cancellation upon them. Both the cheques were presented by the same person.
Cross-examined. I, therefore, had two opportunities of noticing the person that cashed them.
The interval was about an hour and a half. I do not think prisoner is the man who cashed the cheques; it was a shorter man. I should think about 5 ft. 6 in., and of dark complexion.
To the Court. The cheques were cancelled in 1907 and I take it that the cancellation has been erased by some chemical process. If you look at them in a certain light with a glass you can see a very
faint white line indicating where the cancellation was made. I cannot see it very well by this light, but when it was first discovered I saw a faint white line where the original cancellation had been. When the cheques were presented to me in 1908 there were no marks of cancellation.
Further cross-examined. In my opinion, the man who presented the cheques was not this defendant. It was a man of 40 or 50 years of age, with a heavy growth of hair on his face. He had on, I think, dark clothes. (Prisoner was dressed in a light suit.)
Re-examined. He had a moustache, and, I think, a short growth on his cheeks.
ERNEST IVORY , clerk to Beaumont and Sons. It is part of my duties to fetch the pass book from the bank and to make the cancelled cheques into monthly bundles and six-monthly bundles. These bundles were kept on the top of a tin box in a corner of the waitingroom by the mantelpiece. The box is, I should think, about 5 it high. On June 1 I had instructions from Mr. Beaumont to look at these bundles of cheques, and on doing so I found that one of the six-monthly bundles had been tampered with. The cheques for the month of May and June were missing from it. The tapes round that bundle had been untied and were loose. They had been put round, but not tied.
Cross-examined. I put the cheques away in July of last year and had last seen them on March 2 of this year, when I left the office to go into hospital to undergo an operation. So far as I know, the cheques may have been missing any time between March 2 and June 1. ISAAC KAHAN, money changer, 106, Commercial Road, E. I remember one Sunday in May a man coming to me to change some notes for dollars. I cannot be sure of the time, but it was after dinner. I have an assistant named John Zaussman. I gave the man £200 for four £10 notes. The notes produced appear to be the same. There was something written upon one of them and my assistant wrote on the others. Afterwards a police officer came to my place and showed me a number of photographs and I picked out one which was like the man who came for the dollars. I initialled it, so that there is no doubt that the photograph produced is the one. I afterwards went to Bow Street and picked out prisoner from a number of men—I believe about 10. I cannot say for sure it is this man, but it is likely to be.
Cross-examined. The man who came for the notes was a tall man. If I had not seen the photograph at all I still think I should have been able to pick out prisoner. I cannot remember whether the man who came to me was clean-shaved or had hair on his face. I should say, roughly, his age would be between 30 and 40. Prisoner is likely to be the man, but I am not sure.
JOHN ZAUSSMAN , clerk to last witness. I remember one Sunday, about the middle of May, a man coming in to buy some dollars with four £10 notes. The notes produced are those he presented. One of them had on it the name and address of "G. Symonds, 14, Uxbridge Road, Shepherd's Bush." I copied the address on to the other notes. We asked him to put his name on the notes and he said it was on one
of them. He was asked to write his name, and I believe he said he could not write. He was a man of about 5 ft. 6 in., wearing a grey coat, of dark complexion, and I should think between 30 and 40 years of age. Afterwards, when the police officer brought the photographs, I picked out the one produced as that of the man who had brought the notes. I afterwards went to Bow Street, but failed to identify the man.
Cross-examined. He was taller than I am. I am 5 ft. 4 in. I am accustomed to measure people. I have to measure people going to America, so as to give a proper account of them, so that I should know the difference between a man 6 ft. in height and a man of 5 ft. 6 in. The man who came had a moustache, but no whiskers. He was a smartly-dressed man. I did not notice that he had anything the matter with his arm. I could not say that prisoner is the man. (Prisoner's height is 5 ft. 111/2 in.)
WILLIAM MONK . In the month of May of this year I was in charge of one of Lockhart's branch coffee houses at 14, Uxbridge Road. That is a lock-up house and no one sleeps on the premises. There is no member of our staff named G. Symonds. We do not take in letters or telegrams. I did not cash any £10 notes on May 24.
(Tuesday, September 15.)
Police-constable ALBERT KIRCHNER, Criminal Investigation Department, Scotland Yard. I was at Bow Street on July 17, when prisoner and Herbert Kennaway were put up amongst a number of men for identification and prisoner was identified by Mr. Adkins. Prisoner afterwards said to me, "The witness this morning has made a mistake. He evidently intended to identify my brother. I might have been with him that day, and if I was I should certainly have gone with him to Beaumont's offices and waited for him. It is not denied that my brother went to Beaumont's offices. I do not see what the use of the identification is. It is not denied. I had nothing to do with Beaumont's."
Detective-sergeant ARTHUR STOREY, Scotland Yard. On June 9 I went to Kahan's office and showed him a number of photographs. I afterwards went into the inner office with Zaussman, and he picked out the photograph of prisoner. Kahan also picked out the same photograph. They picked out the photograph independently of each other.
Cross-examined. Kahan pushed nine photographs aside and said, "Those for sure not, but that I believe to be the man." I know that Zaussman failed to identify prisoner at the station.
Detective-sergeant FRANCIS CARLIN, Scotland Yard. On the morning of July 8 I was keeping observation on prisoner at Edenbridge on the S. E. R. Railway. I concealed myself, and saw him come to the station. He came into the booking office and took a return
ticket to London Bridge, went on to the platform, and looked round several times. Just as the train was starting he got into a third-class carriage. I got into a compartment two or three carriages from him. The train left at 9.26 and on the way up to London prisoner looked out of the window at every station. I did not put my head out, but could see him from the window. The train arrived at London Bridge at 10.40. He got out and waited until the whole of the passengers had left the platform, and was the last to pass the barrier. After giving up his ticket he went to the London and Brighton Station. He waited about half an hour in and out of the station, and made inquiries of several officials. He then returned to the South Eastern Station, and took a ticket for Cannon Street, and proceeded up the subway to London Bridge Station. At the collector's box he stood looking down the subway. He may have been waiting for somebody or he may have been looking round to see if he was followed. It was not inconsistent with his expecting to meet somebody there. He stood there until the train came in, about five or six minutes, and then got into the train for Cannon Street. I followed him. He got out at Cannon Street and went into several waitingrooms, then came out into Cannon Street itself, came back and passed through the Cannon Street Hotel into the station again. Then he passed through the subway into the District Railway Station. Roughly speaking, he was waiting about 40 minutes. He then took a ticket at the District Station and after two or three trains had passed he got into one bound, I think, for Ealing. I got into the same train, and at Westminster was joined by Kirschner, whom I summoned to my assistance. Prisoner got out at St. James's Park and went and stood in the middle of the road. He then walked to Victoria Street and stood outside the Mansions, No. 109, which he presently entered. He came out, walked up and down the street, and again entered, remaining perhaps half an hour, when he came out accompanied by his brother Herbert. He again looked round and appeared to notice me. He spoke to his brother, and they hurried off to St. James's Park Station. We followed as quickly as possible and caught a London and North-Western train bound for the Mansion House. They both alighted at the Temple Station, went into the Temple Gardens and into the cloisters. I stopped them outside the library and said, "We are police officers. Your movements are very picious. I shall take you to Bow Street Station and detain you." Herbert Kennaway said, "We were just going to Watling Street. I went to the Turf Club (109, Victoria Street), with my brother to get a bit of money out of the people as I know them there." Prisoner said, "I met my brother at the club. If you make inquiries there you will find that is correct." I took them to Bow Street, where they were detained until half past four. I was present when they were told they would be put up for identification. Prisoner asked whose name had been forged. I said, "Beaumont and Sons, solicitors, 21, Lincoln's Inn Fields." He said, "I do not know the firm." On that occasion Mr. Beaumont came to the station and identified Herbert. Mr. Adkins came at a later date. I found on prisoner this
letter, partly in ink and partly in pencil: "July 17, 1908. Dear G.,—As you said you would like to be at the next meeting I am dropping you a line to say that it will be to-morrow (Wednesday), so if you care to come up I will either meet you at P.'s office in Victoria Street, where I have to go at 12.30, or will be in Cannon Street waiting-room at 11.5 when the 9.57 from Edenbridge arrives there. I shall probably join the train at London Bridge, so if you come by it be in front of the train, but if you do not come by that train shall conclude you will come by the 11.34 to Victoria and go straight to his office. If I get a letter postponing the meeting I will wire you early saying, 'Cannot see you to-days'; otherwise in the absence of an early wire from you I shall expect you; but remember it is not imperative for you to come.—Yours faithfully,." That letter is in Herbert Kennaway's handwriting.
Cross-examined. I first saw prisoner at nine in the morning, and he was under observation until half-past two. It was raining part of the day and at intervals there were heavy showers. I looked out of the window at every station, but did not put my head out. I notice that his brother says in the letter, "I shall probably join the train at London Bridge, so if you come by it be in front of the train," etc. I am convinced that there is a possibility that his brother might have been at London Bridge. I also notice in the letter the brother says, "Or will be in Cannon Street waiting-room at 11.5, when the 9.57 from Edenbridge arrives there." It occurred to me that pri-soner might have been looking for somebody. I also notice in the letter, "So if you care to come up I will either meet you at P.'s office in Victoria Street." "P." is Payne, who manages a poultry farm at Hook, in Kent, for prisoner's brother and his office is at 109✗, Victoria Street. The best way to reach Victoria Street from Cannon Street would be to go down the subway on to the district line, as prisoner did. St. James's Park would be the nearest station to Victoria Street. I did, in fact, see him go to 109, Victoria Street, and when he came out he was accompanied by his brother. When they went hurriedly to the St. James's Park Station from Victoria Street it was raining. It was not the sort of weather to crawl along in the open, not the sort of weather I should choose for lounging about without an umbrella. The place underneath the Temple Library would afford them protection against the weather. I do not remember to have seen a telegram when I went down to search where prisoner lives. I know I looked at a lot of letters. I notice the concluding words of the letter written by prisoner's brother, "If I get a letter postponing the meeting I will wire you early saying, 'Cannot see you to-day,' otherwise, in the absence of an early wire, I shall expect you, but, remember, it is not imperative for you to come. "I am not pre-pared to say I did not send a telegram saying, "Cannot see you to-day," but I do not remember it. I found nothing relating to the charge at all and took nothing whatever away.
The Recorder. Mr. Gill, is not this a very thin case?
Mr. Gill said he would accept his lordship's suggestion at once in a case of so serious a character.
The Recorder expressed the opinion that prisoner's actions were quite consistent with his having been on the look out for somebody and the evidence was very, very slight, the only person who spoke of prisoner with any certainty being Mr. Adkins. He did not mean to say that if he had been sitting as a magistrate, as in the country he sometimes did, he would not have taken the view that it was a case for a jury, but it was a case in which it would be dangerous to convict on such evidence.
The Jury returned a verdict of Not guilty, which the Recorder remarked was the only safe verdict on the evidence.
BEFORE THE COMMON SERJEANT.
(September 14, 15, and 16.)
Marks WEISS, (21, machinist) ; procuring Rebecca Zimmerman to become a common prostitute. Procuring Rebecca Lubosky to become a common prostitute. Unlawfully taking the said Rebecca Zimmer-man, an unmarried girl under the age of 18 years, out of the possession and against the will of her father, with intent that the said Rebecca Zimmerman should be unlawfully and carnally known by the said Marks Weiss and other men. Unlawfully, knowingly, and wilfully making and signing a certain false declaration for the purpose of procuring a marriage under the provisions of the Marriage and Registration Acts.
Mr. Eustace Fulton prosecuted. Mr. Fordham defended.
Verdict, Guilty on all counts relating to Zimmerman; Not guilty as to Lubosky.
Prisoner pleaded guilty to making a false declaration.
Mr. Fordham asked for a certificate of appeal on the procuration charge.
The Common Serjeant said it was not a case of a brothel-keeper making a trade of procuring; it was clear the young woman required little persuasion.
Sentence, on each indictment, Four months' hard labour; to run concurrently.
BEFORE JUDGE LUMLEY SMITH.
(Monday, September 14.)
Mr. F.A. Lucas prosecuted.
Police-constable JAMES DACE, 234 G. On July 18 I was in Farringdon Road when I saw Finn, about seven o'clock, sitting
on a parcel on the ground. Edwards was alongside. They were talking together and looking across suspiciously at me. I went over and spoke to them. I asked Finn what was in the parcel. He said, "These are some papers we are going to sell." So I said, "What sort are they?" "Oh," he said, "ordinary sort. Look for yourself." I requested him to open the parcel and let me see what it was. I opened the parcel and saw that it was paper. I asked him where he got it from. He replied, "To tell you the truth, a toff asked me to carry it." He said that he was higher on in front and he could not keep up with him. In the meantime Edwards walked away. I requested 268 G to bring him back, and I then questioned him about the parcel. He said, "I know nothing; I never seen this man in my life before." But I told him he had just been speaking to him. He said, "Yes, a lady asked me the way to St. Bartholomew's Hospital, and as I didn't know I asked Finn." I had seen them together for about five minutes, but no lady had spoken to them. I and the other officer took them to the station. When charged, Edwards said, "I know nothing about it." Finn made no reply. (A portion of the paper was produced.)
To Edwards. I did not see you speak first to Finn. I did not see the latter talking to another man. I did not see Finn carrying the parcel. You did not attempt to run away, but came back when the constable asked you. I did not see you touch the parcel. Finn did not say that you were not the man. He said he did not know you, in answer to your question.
SIDNEY HUNT , manager to Messrs. wakefield and Sons, stationers, 16 to 20, Farringdon Road. I identify the paper produced. The bulk of it we required for use in a special order. On July 30 the paper was in our warehouse. It was stolen from the first landing. I saw it between 4.15 and 4.45. It was missed between 6.15 and 20 to eight. We are on the third floor, but there is no one on the first and second floors. We had no other parcels like the one that was stolen; I am sure that is the one.
To Edwards. I have never seen you that I know of.
Detective JAMES FERGUSON, City. I know the prisoners and have seen them together before this affair a good many times, once in the "Hoop and Grapes," in Farringdon Street, about 10 days ago, talking together.
To Finn. The "Hoop and Grapes" is commonly known at Nash's. (Finn said he had not been in Nash's for over two years, and had never drunk with Edwards in his life.)
To Edwards. On the first day you were on remand at the police court. I was in Court because I was in another case which came on before yours and I made a communication to the officer in charge of the case; then I left. Afterwards I was asked to give particular of the communication which I had made and on the remand I went before the magistrate. The proprietor of the "Crown" was in the police court; he came there of his own accord. I did not hear you
ask the magistrate that the man should give evidence. As I was leaving the box you said, "Why don't you call the publican?" but the latter shook his head and gave me to understand he did not wish to give evidence. I came to the court with the publican. I did not fetch him for the purpose of recognising you.
Re-examined. I knew prisoners by name before this case.
THOMAS FINN (prisoner, not on oath). I was walking along when a gentleman asked me to carry it. I carried it, and he said, "Sit there." I put the parcel down and sat on it, when I see the policeman come. They asked me what I got there. I said, "Books a toff✗ asked me to carry.
FREDERICK EDWARDS (prisoner, not on oath). The detective Ferguson tells you he first saw us together at the Guildhall and he did not think it necessary to identify us. If he had identified us you would have had proof that he knew us. He tells you he came up with the publican, who was in the place where the witnesses were, but he says the publican did not come with the intention of giving evidence. My contention is that he did, but when he saw that he had known me for years using his house, and saw this other prisoner, he did not know him, so he was not going to say he knew him. As regards the charge, I was waiting for a 'bus, and as you know, at night time, about seven, in Farringdon Street the 'buses are all full up and you have to wait. A lady came and asked me the way to St. Bartholomew's Hospital. I directed her, but then thought I was wrong, so I turned and saw this man sitting on the parcel and asked him and he told me I had directed her right. All the way through this prisoner denied knowing me. I denied knowing anything of this parcel, and if the lady had not spoken to me I should not have spoken to the other prisoner.
Verdict, both Guilty.
Edwards confessed to a previous conviction at Clerkenwell on February 4, 1902. Against Finn several previous convictions were proved, and against Edwards a great number of other convictions. It was stated that Edwards was an associate of well-known thieves.
Sentences: Finn, 10 months' hard labour; Edwards, 14 months' hard labour.
Mr. Cassels prosecuted.
Verdict, Guilty. Sentence postponed till next Session.
John Henry INGLETT, (20, porter) ; stealing a letter containing a banker's cheque of the value of £5 13s., the goods of H. G. Porter and others; 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 £5 13s., with intent to defraud; attempting by false pretences to obtain the sum of £5 13s. from Alfred Harris Pearce, with intent to defraud.
The prisoner was tried on the forging and uttering indictment.
Mr. George Elliott and Mr. Forest Fulton prosecuted.
JOHN DOHERTY , partner in Doherty and Yell. On July 31 I signed the cheque produced—£5 13s.—made payable to H. G. Porter and Co. That was sent away on the same evening in the ordinary course; it was crossed.
GEORGE JAMES NEWBURY , commissionaire to H. G. Porter and Co., 22, Princes Street. I open the premises and collect the letters in the box for the cashier. On the morning of August 1 I did so and handed the letters to Mr. Minty. The mouthpiece of the letter box is 18 in. by 2 in. Since this affair it has been altered. It was fairly easy to get letters out, especially on Saturday mornings, when we had a large collection of trade journals, which filled the box up—in fact, I have often seen letters sticking out.
JOHN MINTY , cashier to H.G. Porter and Co. On August 1 I re-ceived the letters from the last witness, but there was none from Doherty and Yell. The endorsement on the cheque produced is not in the handwriting of anyone I know; it is a forgery.
ALFRED PEARCE , cashier, Union of London and Smiths Bank, Argyle Place. On August 1 prisoner handed me the cheque produced. His manner attracted my attention. He hid behind the desk so that I could not see him very well, and he kept rustling the cheque about. I was very busy then. When I looked at the cheque it appeared as if water had been spilt upon it and the crossing had evidently been obliterated. That is very often done. I asked him where he got the, cheque from. At first he hesitated, then said that a man across the street stopped him and asked him to present it. I then communicated with the manager.
(To the Judge.) I believe they obliterate the ink with acids.
GEORGE MARTIN , manager Union of London and Smiths Bank, Argyle Place. On August 1 my attention was drawn to this cheque by Mr. Pearce, and I saw prisoner. I noticed the crossing of the cheque had been taken out. Prisoner said that some person outside had asked him to go in and get the money. I told him to ask the person in and I would give him the money. I then followed him out into Regent Street, a few yards away, but he could not see the person. I then returned to the bank and gave prisoner into custody.
(To the Judge.) I did not ask prisoner how he wanted the money.
Detective-sergeant JOHN PROTHEROE, C Division. On August 1 I was called to the Union of London and Smiths Bank, when prisoner was given into my custody on a charge of uttering this cheque. I took him to Great Marlborough Street, and he there made a statement, which I took down and he signed. (The statement was read.) I believe the endorsement of the cheque is in the same handwriting as prisoner's writing at the end of the statement.
(To the Judge.) The reason I asked prisoner to sign the statement was because I wanted to satisfy myself whether he was guilty or not,
or whether he had gone to the bank innocently or not, before the charge could be preferred. I understand that before the charge is taken the officer has to be satisfied. I thought if his statement that he had been at work was true there might be reason to believe he was innocent, but when I made inquiries I found things were different.
His Lordship said that witness should not have told the result of the inquiries.
Witness. In similar circumstances, it is part of our regulations, that where a man makes a statement that he has met another man and there is a likelihood of it being true, we should make immediate inquiries, so that he should not be detained longer than necessary.
Prisoner's statement before the magistrate. "I had been looking for work and came round by Marlborough Street, when a man called me and asked me to take this lo the bank, and I did so."
Prisoner handed in a written statement, which was read as follows: "I beg to state I was walking round Marlborough Street when I heard a gentleman call me. I went back to him, and he asked me to take this cheque to the bank on the other side, 'and I will wait here.' On presenting the cheque the manager told me it was a stolen one, and I replied, 'I will go out and tell him,' but he would not let me, so I pointed to the gentleman, and after doing so the manager took me to his room. When I got in he told me that the cheque had been tampered with. After that he asked me to sign my name and address. I did so." (The bank manager, in reply to the Judge, said that that was so, but that he had given the name and address to the detective. Sergeant Protheroe said he believed Sergeant Grey had it, but he was not here. His Lordship said that it ought to have been brought.) "He then asked me to go out and look for the man, and he would follow on behind. After looking about for him for five minutes we went back to the bank. About half an hour afterwards he sent for the police. A policeman came and took me into custody. Three days afterwards the bank manager visited me at the police station and informed me I was going to be charged by the police for trying to obtain money by false pretences. Whilst in the room at the bank the manager asked me how I wanted the money. I replied that I did not want it at all."
Verdict, Not guilty. The other indictments were not proceeded with.
BEFORE THE RECORDER.
(Tuesday, September 15.)
Edward IVES, (40, traveller), William IVES, (33, agent), and Henry Robert STEVENS, (traveller); all conspiring and agreeing together to defraud His Majesty's Board of Inland Revenue of the duty on beer; all conspiring and agreeing together to procure certain retailers of beer to defraud His Majesty's Board of Inland Revenue of the duty on beer; All conspiring and agreeing together to procure certain retailers of beer to dilute beer; all conspiring and agreeing together to procure certain retailers of beer unlawfully to have in their possession certain sugar and saccharine substance extract and syrup.
Defendants all pleaded guilty to the conspiracy counts. The offence dates back to 1903, and the charge is brought under Section 8. of the Inland Revenue Act of 1888. A number of publicans, whose names were set out in the indictment, have already been fined. The use of the saccharine, it was stated by Mr. Gill for the prosecution, made it possible to so dilute the beer that the adulteration was not discoverable by the saccharometer. The substance was sold as "patent finings," and enabled seven or eight gallons of water to be added to a hogshead of beer without detection. William Ives, it was stated, has now given up the manufacture. Warrants were issued in 1907, but the two Ives could not be arrested until the present time. From time to time prosecutions have been instituted against publicans who were found in possession of this diluted beer. Stevens was arrested and fined, and remained in prison 11 days, being unable to find bail.
Sentences: The two Ives each to pay a fine of £100 to the King, and to remain in custody until the money should be paid; Stevens, to pay 1s., he having been previously fined.
Mr. L.A. Lucas prosecuted; Mr. Warburton defended Rayner.
MICHAEL COLLINS , tailor, 19, Clifton Street, Finsbury. On the early morning of Tuesday, August 18, I was going home along Finsbury Avenue and was walking very quick. Suddenly I was caught from behind by Dillon and thrown down. The side of my head got a good bang on the flags. Rayner knelt on me and held me down while Dillon went over my pockets. I am quite sure prisoners are the men; 14s. was taken from my trousers pocket. Then they got up and walked hurriedly away. I got up and chased them. They did not run till they saw the policeman. Then they ran off. I told him to follow them and I chased them also. He caught them at the end of Pindar Street. I had them in view all the time. There were no other men about. Rayner got away from the officer, but Dillon was arrested and charged the same night. I next saw Rayner on the following Friday morning at Old Street Police Station, where I picked him out from a number of other men.
To Dillon. I think you are a stranger to that neighbourhood. I lost my money under the archway in the Avenue.
To Mr. Warburton. Finsbury Avenue is well lighted. I had been to Dalston on business that night. I go there to collect orders on a Monday. I have several friends there, as I lived there for six
years. I came by train from Dalston Junction to Broad Street. Before I knew where I was I was knocked down and injured. Then they rifled my pockets and off they went.
Re-examined. I was following prisoners about two minutes before I met a constable. I never lost sight of them.
Police-constable THOMAS ERRINGTON, 74 G. About 12.30, on the morning of August 18 I was in Sun Street, a turning out of Appold Street. Finsbury Avenue runs across Sun Street into Appold Street. I saw prosecutor, who pointed out to me two men who were running along Appold Street. I followed them, and when they saw I was gaining on them they stopped. I immediately arrested them, Rayner by the left shoulder and Dillon by the throat. Rayner turned, hit me a violent blow on the side of my face, and ran off. I could not hold them both, but I held Dillon, and took him to the police Station. There was found on him 2s. in his left waistcoat pocket, one half-crown, two sixpences and three shillings in his left trousers pocket—in all, 8s. 6d. I next saw Rayner on Friday, August 20, at Old Street Police Station. I did not know him by sight before the 18th. I gave a description of him to another officer. I picked Rayner out from 10 others. I am sure he is the man. While chasing the men I never lost sight of them.
Cross-examined by Mr. Warburton. When Rayner was charged he said: "I know nothing at all about it."
Re-examined. Prisoners did not run till they got past me.
Police-constable MICHAEL SULLIVAN, 272 H. I saw prisoner Rayner in Commercial Street on the evening of August 20, standing outside the "Princess Alice" public-house. I arrested him from a description I had received, and also from the description circulated in the police information. I took him to Old Street Police Station and was present at the identification. Errington picked him out immediately, without any hesitation.
JAMES DILLON (prisoner, not on oath) said he knew nothing at all about the matter. He was going home by himself that night. A man came up to him under the arch and asked for a match, and as he was putting his hand in his pocket to give him one the officer came round by the railway arch corner and this man took to his heels and ran. Then the officer came up to him and said, "You will do." Then he turned to prosecutor and said, "This is one of them, is it not?" And prosecutor replied, "Yes, that is one." That was the first time in his life that he had seen prosecutor.
ALBERT RAYNER (prisoner, on oath). On the night in question I was at work for Mr. Frieder, Old Montague Street, Whitechapel Road, until half-past 10. Mr. Frieder was called before the magistrate. He is a paper manufacturer and stationer. At about quarter-past 11 I went to the Victoria Home, Whitechapel Road, paid for
my lodgings, and went to bed. I did not get up until next morning, when I went to work again. A large number of men sleep at this place, and I suppose about 20 or 30 men would see me come into the lodging house that night. I went to work on the Tuesday and I went to work on the Wednesday, and on the Thursday night I was taken to the station for being concerned with Dillon in this robbery, which I know nothing about. I am as innocent as a child. I know nothing at all about it whatever, I swear.
Cross-examined. I did not see the lodging house keeper that night. He was not in the box. A young man of about 28 was in the box taking the money. There are men working at the docks who could come and say they saw me there that night, but they do not want to leave their work. I have not asked any of them to come as witnesses. I called the lodging house keeper and Mr. Cluer told him to look through his books. My name should have been there by rights. I do not know the other prisoner. Before I was arrested I had never seen him in my life. I first heard of the charge as I was standing outside the "Princess Alice" on the Thursday night. The constable came up and said, "I take you on suspicion of robbing a man of 14s.," and I said I knew nothing at all about it. I could have dropped down. I am as innocent as a child. It is four or five years since I was near Finsbury Avenue.
WALTER FIDDES , manager of the Victoria Home, was called and produced the books to show that prisoner was booked on Tuesday, August 18, and Wednesday, August 19, but not for the night of the 17th-18th. The names, he stated, were taken from each resident that came in and were booked every night. There is a staff of three night porters besides witness, and when it was his night off duty he was relieved by one of the clerks from the other home. About a quarter to 12 the doors are shut. Any person coming in before that time would not go off to bed without witness noticing him, not as a rule. Men were not taken in unless they were paid for.
Cross-examined. Rayner did not pay for a bed on the Monday night.
Verdict, both Guilty.
Previous convictions against Dillon to a great number were proved by Inspector Moore, an ex-officer of the Newcastle Police. Rayner, who is said to have been in the Army but did not produce his discharges, was shown to have been convicted five times at courts of summary jurisdiction.
Sentences: Dillon, Five years' penal servitude; Rayner, 18 months' hard labour.
Albert HUTCHINGS, (27, steward), George SULLIVAN, (35, painter), and GILBEY (30, labourer) ; all robbery with violence on Christopher McLaren and stealing the sum of 19s., his moneys, from his person; Hutchings assaulting John Stephens, a metropolitan police constable, in the execution of his duty; Hutchings assaulting Harry Tilley, a metropolitan police constable, in the execution of his duty; Sullivan assaulting Richard Taylor, a metropolitan police officer, in the execution of his duty.
Hutchings pleaded guilty of assaulting the three police officers; Sullivan pleaded guilty of the assault on Constable Taylor; all pleaded not guilty of the robbery with violence.
Mr. Travers Humphreys prosecuted.
CHRISTOPHER MCLAREN , porter, 49, Montagu Road, Dalston. On Saturday, August 29, between two and three, I went to the "Britannia" beerhouse, Commercial Street, where I handed to the landlord 21s. and a small parcel to take care of for me. I then had a drink, bitter shandy (ginger beer with a dash of bitter), with another man. The three prisoners came in. I spoke to Sullivan and said I thought I knew him. He said he thought he knew me. I asked them to have a drink and they had one. We got into conversation and I stood them another drink. They drank mild ale. After that I thought I was in bad company, and in consequence of something the landlord said to me I went out, leaving prisoners in the bar. I then went as far as the "Princess Alice,. 100 yards or perhaps 200 yards off in the same street. There I met a friend I was looking for and stood him a drink. We then went for a walk and I saw the three prisoners standing at the corner. We were walking for an hour or two and went round by Brick Lane. At half-past five I came back to the "Britannia" with my friend. I obtained the money I had deposited with the landlord and also the small parcel. I lent my friend 2s. and put the remainder of the money, all in silver, into my right-hand trousers pocket. My friend went out. I spoke to the landlord and then I went out. I met a man who does work for my firm. I stopped and spoke to him and noticed the prisoners were following me. I next went to the "Duke of Wellington." The three prisoners walked in and I treated them again and had a small soda myself. After drinking my soda I meant to go out of the public-house when I was caught by Sullivan, thrown on my back, and the money extracted from my pockets by prisoners. There were people behind the bar; they did not come to my assistance. After I got up off my back I told the manager of the house what had happened. After rifling my pockets prisoners went out. Hutchings and Sullivan went to the left and Gilbey to the right. I followed Hutchings and Sullivan till I found a policeman. I told him these two men were concerned in the robbery and gave them into custody in White's Row. I had never lost sight of them. After being given in custody they came along quietly till they got into Commercial Street, where they started struggling with the police. I identified Gilbey on the following (Sunday) morning amongst 10 other men at Commercial Street Police Station. I had several opportunities of seeing him in the course of the afternoon and am sure he is the man. There were several men in the bar at the time of the occurrence. They did not come to my assistance.
To Hutchings. I did not know you were following me, but it seemed very funny. You could, of course, have come into the beer-house ("Britannia") and had a drink without following me. I followed
you and Sullivan from the "Wellington" public-house to the corner of Duval Street. I did not see you run when I spoke to the constable.
To Gilbey. The man I met outside the "Wellington" is not up at this Court. His name is Fred Carter. I am a fish porter at Billingsgate.
(Wednesday, September 16.)
EDWARD WALTER DELLEVANTE , licensee of the "Britannia" beer-house, 87, Commercial Street. On Saturday, August 29, prosecutor came in the afternoon to my house a little after two o'clock and left a parcel and 21s. in money for me to take care of. I had seen him I think twice before. He went into the public-house bar and paid for two drinks for himself and another. Shortly afterwards he ordered drinks for himself and the three prisoners. He afterwards spoke to me and then left the house. About half-past five he came back for his parcel and his money. He had another man with him, and out of the 21s. I gave him he gave this man 2s. His friend left first and he soon afterwards. In about a quarter of an hour he came back and complained that he had been robbed of the money I had handed to him. On the next day, August 30, I was taken to the station to see if I could identify the three men who were in the house with him and I picked them out from a number of others without any difficulty. Sullivan asked me on the Saturday if prosecutor had left a parcel and some money with me. I thought it was no concern of his what occurred between me and other people and told him "No; nothing of the kind." Under no circumstances should I have made such a communication to anybody.
Police-constable RICHARD TAYLOR, 110 H. On August 29, about a quarter past six, I was in Commercial Street. McLaren came and spoke to me. I saw Hutchings and Sullivan hurrying along Commercial Street. They went down White's Row. McLaren and I followed. In White's Row we saw John Stephens, who is a detective. The two prisoners saw that we were following them and started running. We overtook them and I caught Sullivan. As I did so prosecutor said, "Those are two of the three men that robbed me of 19s." Stephens caught the other man. They went quietly till we got to the corner of Commercial Street. Then both prisoners commenced struggling. I kept hold of Sullivan. We both fell to the ground and he struck me a violent blow on the right jaw, as the effect of which it was very sore for about three days. I was seen by the divisional surgeon, but did not go off duty. I got my truncheon out and hit him across the right arm with it. He wrenched it from me and threw it amongst the crowd, who rendered no assistance to me. Other police officers arrived and with their assistance I got Sullivan to the police station. In the meantime Hutchings was trying to get away from Detective Stephens and other officers and was very violent.
Detective JOHN STEPHENS, H Division. On the afternoon of Sunday, August 29, I was in White's Row, a turning out of Commercial
Street. I saw prisoners Hutchings and Sullivan coming down. A few yards behind I saw the last witness and prosecutor. The two prisoners were hurrying, walking very fast. Taylor spoke to me, and as he did so the two prisoners commenced to run. They stopped by the lodging-house. I took Hutchings into custody. He said, "What is this for?" Prosecutor said, "That is one of the three men that has just robbed me of 19s." I said to Hutchings, "You hear what he says. You will have to come to the station." At the corner of Duval Street we were met by a dozen or more well-known thieves. Someone shouted, "Right!" and Hutchings then began to struggle and threw me to the ground. The other men kicked me about and tore my trousers off me. The mob appeared to be helping to get him away, but I kept hold of him. He got his hand between my crutch, apparently trying to get hold of my testicles. Policeconstable Taylor came to my assistance. I was bitten five or six times through the arm, through my coat, by prisoner Hutching. I had not my truncheon with me. I was in plain clothes. Eventually he got my thumb in his mouth and bit it. He would not leave go, and I was dragged along with my thumb in this mouth. I hit him in the face to make him let go and I had to put my fingers up his nose before he would let go and then I could only just wrench my hand away. After that I found he had bitten Taylor in the hand, and we both punished him in the face. Eventually assistance came from the station. It took three constables to take him to the station. Then I went to see how the other man was getting on. I think between 20 and 30 men came from the station. The whole traffic was stopped. A mob of, I should think, over 2, 000 people collected. Nothing could get through the street. During the struggle I heard the rattling of money, and saw silver and bronze coins in the roadway, but I could not say where they came from. At the station McLaren told his story in the presence of the prisoners. Hutchings said, "Prosecutor says he had 21s. and yet he charges us with stealing 19s." What about the other 2s.? He also says there were four men in the bar, and yet he charges us with being concerned with another man. not in custody. What does he mean? There is a fourth man." Prosecutor said, "I gave my friend 2s., and the fourth man who was in the bar did not do anything to me. You two and the other one that got away are the three that knocked me down and robbed me." The other prisoner made no reply to the charge. I am still on the sick list in consequence of the assault, and there is a quantity of proud flesh about my thumb. Hutchings bit it to the bone, and in fact I could feel his teeth grinding on the bone. Of course, it being the left hand I could still do clerical work, but I could not do other duty.
To Hutchings. I saw Gilbey during the struggle. He did not take part in this assault. I know Gilbey well enough.
To Gilbey. I arrested you opposite the lodging-house.
Police-constable HARRY TILLEY, 254 H. I was assaulted on this occasion, and am now on the sick list, and that is why I am now in plain clothes. I saw Hutchings and Sullivan in custody in Commercial
Street. They were very violent. I went to the assistance of last witness when he took Hutchings. I saw him bite Stephens's left hand. Afterwards Hutchings seized my left forefinger between his teeth and bit it savagely. Other officers came up and helped to take Hutchings to the station.
Detective-sergeant HENRY DESSENT, H. I got from McLaren the description of a third man who had joined in an assault on him. About midnight on Saturday, August 29, I saw Gilbey in Duval Street, which is close to Commercial Street. I said to him, "I am going to take you into custody on suspicion of being concerned with, two men named Hutchings and Sullivan in committing a robbery at night and robbing a man of 19s." in Shepherd Street, at the 'Duke of Wellington' public-house." He said, "I do not know anything about it. I have not been with any men." On the next day (Sunday) Gilbey was placed with a number of other men, amongst whom were Hutchings and Sullivan, and prosecutor was asked to see if he could pick him out. Hutchings and Sullivan had been already charged. Prosecutor picked out Gilbey without the slightest hesitation. The three prisoners were picked out from the same number of men by the witness Dellevante, the licensee of the "Britannia" beerhouse. I knew Gilbey as a companion of the other two men, and have seen them together repeatedly, sometimes two or three times a day, and they gave the same address at a lodging-house.
To the Recorder. I know the "Duke of Wellington" public-house. Robberies frequently take place on people leaving public-houses in the neighbourhood, but not inside. The manager and manageress were called for the defence, and denied having seen any disturbance in the house. I had the potman at the police court for reasons, and when he was called into court prosecutor at once identified him as having served him.
The Recorder directed that the attention of the licensing justices should be called to the conduct of this house at the annual licensing sessions.
To Prisoner Hutchings. For a month previously I had seen the three of you together in the neighbourhood daily, sometimes three or four times a day.
Prisoner Hutchings called the manager of the "Duke of Wellington" public-house.
ALFRED ISAACS , manager of the "Duke of Wellington." The "Duke of Wellington" belongs to my brother-in-law, James Musaphia. Our brewers are the New Westminster Company. We take the management in turns. At the time of this occurrence it was his rest time. On August 29 I was serving behind the bar. My wife was also serving. I do not remember Hutchings entering the bar with four other men about five o'clock. If Hutchings had come in I
have no doubt I should have seen him, and I should certainly have seen or heard if there had been any disturbance such as would have been occasioned by a man being thrown to the ground and robbed.
To the Court. It is my suggestion that nothing of the kind took place. A man was not robbed there. Prisoners are casual customers. I was not told by prosecutor that he had been robbed.
Cross-examined. A man did come in between half past five and six and say he had been knocked down and robbed in the place, but I said it was almost impossible because I must have heard or seen something. Prosecutor is not the man who complained to me. I was very busy at the time. To my knowledge the three prisoners were not in my house that afternoon. The statement that I made to the police sergeant and signed is quite true, namely, "I know the prisoners as casual customers. I do not know the prosecutor, and I cannot say if either prosecutor or the three prisoners were in the house that day." I can almost swear I never saw prisoners there that day. When Sergeant Dessent came to make inquiries he asked me who served in my bar. I told him nobody served except myself and my wife. He afterwards came back and said he had been in formed I had a potman. I did not say I only had a bit of a boy. He is 23 years of age.
The Recorder. A good big boy; pretty nearly grown up, I suppose.
Cross-examination continued. I did not in order to put the police off the scent say that no one served in the bar but myself and my wife. I did not describe the potman as a bit of a boy. I know that the potman was taken to the police court by the police, and if McLaren identified him as having served him it is not true, because he was at rest at the time. Me and my missis were serving in the bar.
Mrs. ISAACS, the wife of the last witness, also denied that any such disturbance as prosecutor alleged had taken place.
Prisoner Gilbey wished to call his wife as a witness, but that lady did not answer.
Verdict: All prisoners, Guilty. All confessed to previous convictions.
Police-constable JOHN SUMMERS, 794 K, stated that there were 14 convictions against Hutchings, who was convicted of robbery with violence and sentenced to four years' penal servitude in October, 1902. Since then he has had 18 months and license revoked for burglary. His Lordship would be quite right in describing him as an habitual criminal. Witness had never known him do any work.
Detective-sergeant DESSENT proved convictions against Sullivan, and Police-constable THOMAS SULLIVAN those against Gilbey.
The Recorder, in passing sentence, said that if prosecutor had been robbed with sufficient violence he would certainly have ordered prisoners to be flogged, but the law did not allow a person to be flogged for assaulting the police in the execution of their duty, however
great the violence might be. It was not, however, for him to express an opinion as to whether the law was strong enough in that particular, but to administer the law.
Sentences: Hutchings and Sullivan, for assaulting the police, Five years' penal servitude; for the robbery with violence, Eight years' penal servitude, the sentences to run concurrently; Gilbey, Three years' penal servitude.
Mr. Travers Humphreys observed that the learned magistrate, Mr. Cluer, considered that the conduct of Dellevante deserved commendation, inasmuch as he did go out of his way to warn the prosecutor of the position he was in, and advised him to go away, so doing everything he could to prevent the robbery.
The Recorder expressed the opinion that all such houses as the "Duke of Wellington" ought to be closed. There was no doubt that Isaacs went in fear of his life, and that was why he would give no information, being afraid of violence being used against him. The proper course would be to close this house at once, and he hoped that course would be pursued by the licensing justices. It was a kind of house that no one wanted and was the resort of vile people of this class. The landlord and his wife, instead of giving information, were so frightened and terrified that they said they did not see or hear anything. However, that was no business of his, and no doubt the attention of the justices would be called to the circumstances of this case. He quite concurred in the wise observations of Mr. Cluer with reference to the conduct of the landlord of the "Britannia," who in this rough neighbourhood had behaved with courage and in a manner worthy of an Englishman.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, September 15.)
Mr. Herman Cohen prosecuted.
CLINTON GEORGE HART , seed merchant, 35, Nightingale Lane, E. I have known prisoner for 15 years; he has been in my employment about 31/2 years, doing a little travelling and acting as manager while I was travelling. He never had my authority to endorse cheques. On one occasion he endorsed and paid away a cheque that came in my absence, and I expressly told him that he had no authority to do such a thing. He kept a book, in which it was his duty to enter any cheques that came in. The cheque produced, drawn on Lloyds Bank, to my order, for £2 4s. 6d., by John Butcher, is endorsed, "J. Clinton Hart"; that is not my signature; it is prisoner's writing. The proceeds of the cheque have never come into my possession, and I never knew it had been sent until Mr. Butcher communicated with
me. There is no entry of the cheque in prisoner's book. The endorsement is in prisoner's ordinary writing; there is no attempt to imitate my writing or to disguise his.
To Prisoner. On the earlier occasion I referred to, when you first endorsed a cheque, you wrote and told me what you had done; directly I got back I told you not to do it again. On May 16 I discovered certain irregularities in your figures, amounting to £6 odd; I told you to clear out and you would not hear anything more about it, as I did not want to kick a man when he was down; you assured me that there was nothing else except the £6 that I had found out. Afterwards I found many other cases, and I then decided to prosecute you. The wages I paid you were 30s. a week; I do think that that is sufficient, or ought to be, to keep temptation out of a man's way; it is more than I earned before I started in business for myself.
CHARLES HAVILL . I keep the "Albion," in Burr Street, near prosecutor's premises. At the latter end of December prisoner came and asked me if I could cash a cheque for him. I had not cashed one previously. I said, "Yes, if it is a small amount." He produced the cheque for £2 4s. 6d. I said, "This is not endorsed; put your name on the back of it"; he then wrote on the back, "J. Clinton Hart." I thought his name was Hart.
Detective-sergeant FRANK C. GIRDLER, H Division. I arrested prisoner on August 28. On my explaining the charge he said, "Yes, sir; I understand."
THOMAS COOPER (prisoner, on oath) declared that prosecutor had given him authority to receive and pay away moneys on his behalf and had never forbidden him to endorse cheques. While prosecutor was away goods would arrive upon which carriage would have to be at once paid, and prisoner had been in the habit of applying for this purpose postal orders and other payments that had come in. He admitted endorsing this and other cheques; he had not tried to disguise the handwriting. As to the cheque in question, he probably spent the proceeds in discharging business outgoings for the prosecutor, but he might have used the money otherwise, for he had to admit that he had fallen back into an old temptation of his, attending horse racing meetings; in fact, he could not dispute having converted the money to his own use. He appealed to the Court for the sake of his wife and children, to give him one more chance.
Verdict, Guilty. Prisoner confessed to a conviction at Leicester Assizes on February 11, 1903.
Detective-sergeant MATTHEW SMITH, of the Leicester Borough Police Court, said that prisoner was sentenced on February 11, 1903,
to two years' hard labour for embezzlement, forgery (endorsing a cheque of his employer's), and bigamy.
Sentence, Six months' hard labour.
Mr. B.A. Smith prosecuted.
EMMA ELIZABETH LING , parlourmaid. In 1899 I went to St. Bartholomew's Hospital and had my right eye removed; since then I have worn a glass eye. In May last I went with a friend to 178, Gray's Inn Road, where I saw prisoner. He said, "You have a cast to your eye; I can put that right for you." I told him that I had had my natural eye removed and was wearing an artificial one. He said if I liked to leave it out he would grow me a new natural eye. I told him I did not believe him. I asked him whether he had ever done it for anyone else. He said he had not, but he had grown a new heart, lungs, and liver, and he could grow a new natural eye on the same principles. I said I would think the matter over. Subsequently I received the letter (produced), in which prisoner described himself as "Professor T. Wallis Rogers, M.B.I.M.S., consulting phrenologist, medical hypnotist and mesmerist, electrical and hygienic practitioner, graduate of the Institute of Physicians and Surgeons in New York, U.S.A." The letter stated that the cost of daily treatment would be 30s. a week: "You will not be able to wear the glass eye from the start, but will use your eyes in the ordinary duties of life, except for reading or sewing or such class work. You will see with your eye in six or eight weeks from the start, with good conditions. It will match the other eye perfectly, and will be sound for life without treatment. It will not affect the other eye, except by disturbing the magnetic conditions temporarily." In another letter prisoner wrote, "I can guarantee a successful operation, and you will be delighted with the result.... I have no doubt as to the success of the treatment. You will have no pain or inconvenience. Kindly forward £10 on account as guarantee in the matter. On Sunday last I broke a lady's spine into seventeen pieces, and re-mended same without any pain beyond a gentle thump to restore the ligament." On June 16 I went to prisoner for treatment. I had to get on a table and lie face downwards; he covered me right over with two large green cloths; he thumped me on my back, across my shoulders, and on my head. I continued to go to him daily, including Sundays. The first day I gave him half a sovereign for that and the following day; from June 16 to August 13 I paid him, in advance, at the rate of 5s. a day. I generally paid him in gold; he put the money in a green box that was in the room. When I had been going to him for not quite a month I told him I did not think it was any use my going any longer, as I was quite sure he was not doing what he said he could do. He assured me that everything was going on well. He told me that the next day I should receive my sight; the eye was there, in perfect condition, but rather at the back;
I was not to look at it myself or allow anyone else to look at it. He said that if I dared to discontinue his treatment I should lose the sight of the other eye. This made me very anxious, and I went on being treated and paying him. The treatment at first consisted in thumping me on the back; afterwards he would slap me very hard over where I had lost my eye, press his finger into the socket, and make passes round my face. On August 13 I paid him my last visit; on the 14th I went to the Middlesex Hospital, and ascertained that there was no improvement whatever in my condition, and I then informed the police. My total payments to prisoner amounted to £14 15s.; I paid him that money in the belief that he was able to do what he said he could do, and, as to the latter payments, in the belief that he was actually doing it.
To Prisoner. On August 13, when I told you I was sure that what you had told me was not true, and that I had not got another eye, you said anybody could tell me that I had. You did not advise me to be examined by another doctor. When I first went to you you thought I merely had a cast in my eye, and you told me that a cast was a simple matter due to magnetic contraction, and that it could be put right in one or two treatments by your methods. When you found that my eye had actually been removed, you told me you could grow me a new one. You did tell me that you had never actually grown an eye, that so far as you knew such a thing had never been accomplished, and that it would take you three or four months to complete the operation to your satisfaction. You said that I had in my loins all the elements essential for the growing of a natural eye or the growing of any other organ; that, owing to your recent discovery that magnetism is the basis of life and the growing principle in life, you were able to deal with those essentials in such a way as to make the growth of an eye certain; that those essentials could be stimulated and controlled by a more powerful magnetism than my own, such aa yours. I believed all these statements. You gave me a leaflet explaining your claims, but I did not pay much regard to that; I went by what you said; from the first you persuaded me very strongly to undergo the treatment. After my first treatment you told me that the front layer of the eye was formed, and that you were satisfied that the eye would become a fact. I cannot describe your treatment in detail; I should call it a series of thumps. You did explain to me that the tapping movements upon the spine were to release those currents coming from the loins and particles of matter that got hung up in the spinal column. I did not, after the third week's treatment, tell you that I was conscious of the growth of an eye; I was unconscious of any change at all; I told you I was certain there was no eye growing. I swear that I did not tell you that I saw a flash of light with the right eye. On one occasion you produced a mirror and told me to look and I should see a little piece of the white of the eye; you held the mirror in front of my face and drew it away immediately, and I told you I saw nothing. After the third week I was daily expecting to receive sight. believing in what you told me. I remember a reporter from the "Daily Chronicle"
calling at your house when I was there; I understood it was for the purpose of writing about my case, and he said he would not make a report unless he saw the patient. I told you that you might make the case public, but that I should not like my name and address used. Right up to the last you assured me that the treatment would be a success, that the eye was there and in good order, and that any doctor would tell me that the eye was there in perfect condition. On August 13 you told me that I should receive my sight that night; you afterwards explained that the reason I did not do so was that you were on that occasion too highly strung. You did not tell me that what prevented the completion of your work was that some of the nerves, including the optic nerve, were impinged or pinched in a small crack at the base of the skull, and that as soon as they were released your work would be completed. You did not, after eight weeks' treatment, say to me, "I will not accept any further fees from you, but will proceed with the treatment until I have secured the promised result, that is, complete sight, and you can pay me at the conclusion of the treatment." When I went to the Middle-sex Hospital on August 14 Dr. Harman examined my eye; it was a thorough examination; it took some few minutes—long enough to make sure that I had no eye there; he used no glass or instrument. He told me there was no eye there. He did not advise me to prosecute you; I went to the police because I thought it was a case for them. You did tell me originally that three or four months would be the limit of treatment, but I did not agree to go on for any particular time. I have worn a glass eye for eight years; it was fitted by a proper surgeon, and fits quite firm. When I first went to you I went with a lady friend; she was being treated by you for deafness; she received no benefit whatever; I have not asked her to give evidence here.
Dr. NATHANIEL BISHOP HARMAN, ophthalmic assistant at the Middle-sex Hospital. On August 14 I saw prosecutrix and examined her eyes. I found the right eye had been lost, but, of course, there had been left a small stump of the original eye. There was no trace whatever of a new eye growing. It is quite impossible for anyone to cause a new eye to grow in place of one that has been removed.
To Prisoner. Before the magistrate I said, "There is the hard outside shell of an eye there." There is just a small round white knob. In removing an eye we always leave as good a stump as possible, to assist the good fitting of an artificial eye. My examination of prosecutrix took about five minutes; the little stump or pebble was quite easy to see; I did not probe with any instrument; that was not necessary. It is not correct to say that there is any part of an eye there. There is just that little point of the outside coating of the eye. The eye is never cut absolutely clean out, unless there is some serious disease such as cancer. There is not as time goes on any shrinkage of the stump that is left; it settles down, and after that it remains unchanged as long as the patient lives. I am quite confident that it is impossible to "grow" a new eye after the original has been removed. I base that view on.
my knowledge of the way the eye grows—on my knowledge of embryology. I have never attempted to grow an eye; it is self-evidently impossible; you cannot put a person through his mother's womb a second time. There is no record of a person growing a new eye. You ask how I know that it is impossible; the only man I have ever heard of trying to grow one failed—that is yourself. As a general proposition, of course, the process called growth is possible in mature human nature; the human body is always changing; that which ceases to grow dies. The hair and the nails "grow"; nature is constantly replacing parts that are being worn out. I should describe the "process" of growth as the continual piling up from below of what is being used up; in other words, the multiplication of cells.
Judge Lumley Smith. Did you ever know a man with a wooden leg grow a real one?
Prisoner. I would have you to know that that is not impossible, in my judgment. It would be an expensive and prolonged operation, and not worth the while by any means; it would take years; but it is not an impossibility, I am convinced.
Cross-examination continued. I know a great deal about magnetism and electricity. I know the story of Mesmer and his performances. It is possible to grow a toenail, if the root of the nail is there. Q. How would the law of magnetism operate in the process called growth? A. A man is attracted to a girl; he marries her; that is "growth." Q. That is indecent? A. That is human nature. I have not practised "magnetic healing," but I have used magnetism and electricity in the ordinary course of my daily work. Q. Do you know that magnetism is not a thing to be perceived through the sense (the reason) but through the senses only? A. I believe in rational medicine strongly. Your question has no meaning. Q. Have you ever attempted to prove through your own will or senses the power that there is in human magnetism to heal and restore? A. I have used all the legitimate and all the knowledgable arts of my craft. In the way you put it, your question has no meaning. I have as a doctor extensively studied the subject of human magnetism. Q. Can you tell me by what process a child grows; take a child from its birth; what is the secret of its growth, the law by which it grows? A. If you can tell me that, perhaps I shall be able to answer all the riddles of the universe.
Prisoner. It is the riddle of the universe, and I claim to have solved it. Magnetism is the basis of life; the child grows by the law of magnetism.
Sergeant JAMES CUNNINGHAM. On August 14 I went to 178, Gray's Inn Road, and saw prisoner; he was going out. I followed him to Euston Road, where I stopped him. I said, "I am a police officer. I shall take you into custody and detain you for stealing by means of a trick £14 15s. from Miss Ling"; he said, "Where is the trick?" I replied, "Pretending to restore the sight of her eye, which was destroyed many years ago." He said, "I can restore it in the specified time by magnetic power; you cannot charge me." On being charged at the station, he said, "It is no good talking to you;
you are not medical men; if you were you would understand; this requires an expert." In prisoner's shop in Gray's Inn Road I found a large mass of correspondence and books, and £7 in gold in a small green box; he had on his person 25s.
To Prisoner. I did not show you any warrant; I arrested you on my own authority; that is quite regular. I had the keys of your premises for about a week, and duly searched through your books and papers. Your registers contain a great number of names and addresses of patients, I think not so many as 3, 500. I have investigated some of the cases; I have brought no witnesses against you from these patients; in the cases I investigated they refused to attend the Court. I have made inquiries as to your career; I find nothing against you previous to this. I have done my best to get here today the witnesses you desired to be called; I deny that I have said or suggested to any of them that for their reputation's sake they had better not attend.
Sergeant HENRY GARRARD, G Division, proved the finding at prisoner's premises of certain letters from Miss Ling and other correspondence.
TOM WALLIS ROGERS (prisoner, on oath). I am an earnest student of human nature for 22 years; for 15 years I have especially studied and applied psychology and the law of magnetism, which is the law of nature. I am the discoverer of the fact that magnetism is the basis of life, and have written leaflets on that subject.... This charge is a false one; in no sense of the words can it be said that I obtained money from prosecutrix by means of a trick or of false pretences. At the best, the operation must be regarded in the light of an experiment. I distinctly told the lady that I had never accomplished such a thing, and that so far as I knew it had never been accomplished. Notwithstanding the opinion of Dr. Harman, or of the whole medical profession, or the fact that it has never been accomplished, there is no proof that it is impossible. There is nothing unnatural or ridiculous in the idea of growing an eye, provided that the law of nature is understood, and that the practitioner has the power or force necessary to deal with those properties which go to make a natural eye. The opinion of the medical profession upon a matter wherein they have no education or experience, whereon they have not even thought, is worthless. Dr. Harman's evidence proves that doctors know little or nothing of the basis of life. I have experimented and reasoned upon nature's law, which is universal, the law of magnetism, and know more concerning its mode of operation than any man living. I possess those powers which operate that law in human nature, and which must be natural and not artificial. The process which is called "growth" in human nature is expansion and contraction, caused by exercise or stimulation, through nature's own forces. If a man went to a hospital with a crushed toe, no doctor would tell him that the toe-nail which he cut out would not grow again;
the doctor knows from experience that it will; yet, in all the history of the medical profession, it has never occurred to the doctors to ask why or how it does grow again. Why should they admit that a toe-nail will grow again, and say, with respect to the growing of an eye, "absolutely impossible"? The law is the same in both cases. The toe-nail is grown by the law of magnetism, by the process called exercise, in other words, magnetic friction, which stimulates the magnetic circuits by expansion and contraction, thus generating force, and attracting from the head and loins those essentials that make a toe-nail. The only essential difference in principle between the law of growth in a toe-nail by natural processes and the law of growth in an eye is this. The toe is a very active member, and generates much of that force called magnetism, which is the growing agent; while the eye and the nature around it, being comparatively passive, generates none at all. Does not this explain why nature can grow a toe-nail apparently with no help, or, at any rate, very little help, while it cannot grow an eye without help? All growth is from within—outwards. Is it inconceivable, seeing that nature has provided all those forces for growing new nails, new hair, new teeth, and even flesh, that she has also stored up somewhere material for the growth of a new eye? Is it inconceivable that there is in nature power to deal with that material? Such power must be magnetic and natural, not artificial. … The fact that prosecutrix took my daily treatment for eight weeks is proof that she had good ground for believing that progress was being made. On the recommendation of a friend of hers, a lady whom I had cured of stone deafness and a rickety spine, she voluntarily took my treatment for eight weeks, paying her fees, and evidently satisfied with the results of my efforts; she comes to me again and again, until she is advised otherwise by an opponent and a competitor. That she cannot see yet is to some extent her own fault; she has not complied with my simple conditions. My undertaking was to complete the eye in three or four months, and there are yet six weeks in which to complete my work according to my undertaking. After three weeks' treatment the new eye was as complete as her left eye, in all but permanent sight-contact with the brain. The sight-contact is a simple matter, once the nerves are released from the crack wherein they are impinged. I have proved that my claim to grow a natural eye is honest and well-founded. I do not claim that Dr. Harman or any other person can grow an eye or any other organ, but that I can. I do claim that I can grow a natural eye, and give it sight; in this Court I maintain that claim, and am prepared to prove it before any hospital in the country, and that I have done so in this case. That which Dr. 'Harman calls the stump is the eye itself. Owing to neglect it has shrunk somewhat, and it is not as good as it was at the end of her six weeks' treatement. The patient has been irritable and fretful and peevish. I was indiscreet, I admit, in giving her at the end of the third week's treatment such strong grounds for believing that the work would be completed in much less time than I had anticipated. The eye is going on well in every respect, but it is drawn back into the brain
by the impinging nerves, and that, of course, prevents sight contact. Since the treatment ceased, it has apparently deteriorated somewhat; but that the sight can be perfected I am convinced, in the time agreed upon, and in all probability much sooner. Prisoner proceeded to comment on the fact that the police had produced no evidence against him in other cases, although they had had before them particulars of the treatment of 3, 500 cases. Counsel had referred to the American medical degrees possessed by prisoner as worthless; in America English medical degrees were similarly treated as worthless. Finally, he repeated that he did claim to have grown an eye, but he did not claim to have completed his work—he had not had the opportunity. ARTHUR BERRINGER, secretary of St. Bartholomew's Hospital, produced the case book containing the record of the removal of prosecutrix's eye in April, 1899; the operation was entered as the "exclsion ✗" of the eye.
EDWIN COOPER , publisher's agent. I have known you for about three years as a customer and as a phrenologist and magnetic healer. I know something of magnetic healing, and of the restorative power of human magnetism in the case of disease. I have read in the public Press of cases in which patients who had been given up by doctors and hospitals had been cured by magnetic processes; I have had no personal knowledge of such cases. In business transactions with you I have always found you to be a man of integrity and honour. You are certainly a man in whom I should place confidence supposing my life was in jeopardy; I have had no experience of your healing powers.
Miss E. PETERKIN, Wells Street, Gray's Inn Road, office cleaner. (To prisoner.) Some time ago I was under your treatment; I had previously been to a doctor and to a hospital and received not much benefit. When I went to you I was very ill with my heart; generally fainting and in pain. I went to you five or six times and have felt much better ever since; my heart has not troubled me.
Cross-examined. Prisoner did not provide me with a new heart. In prisoner's leaflet, in which reference is made to my case, it is stated that I had been given up by a hospital; that is not the fact. It is also stated by prisoner that he broke my spine in 17 places and mended it; if he did break my spine I was not aware of it.
Prisoner. That would be the case; there would be no pain or inconvenience; it is done by a process of expansion.
Prisoner called several other witnesses, but they did not answer. In further observation to the Jury, prisoner maintained that, whatever doctors or hospitals might say to the contrary, there is no such thing as incurable disease where the law of magnetism is understood and applied.
Sergeant CUNNINGHAM said that prisoner started in business in Gray's Inn Road about 15 months ago. The police had had two complaints against him. He had carried on a similar business at Southend. He had there on two occasions been found wandering and taken home by the police.
WILLIAM NORWOOD EAST , deputy medical officer at Brixton Gaol. I have had prisoner under special observation since his admission on August 15. I think he is of unsound mind and incapable of knowing the nature and quality of his offence. In conversation he has told me that he is capable of giving people new hearts, liver, and kidneys; that he can raise the dead; that he can break bones and heal them in five minutes by putting his finger on them; he says that by placing ✗his finger on the bones they melt, then on his removing his finger ✗they solidify and become like shell; further, he does not consider that the substance of which his food consists has anything to do with its nutrition, but that the different colours in the food are what nourish him. I believe all these are genuine insane delusions.
Judge Lumley Smith. You mean that he pretends to medical powers which you consider impossible and improbable and that that shows he is mad.
Prisoner, referring to the evidence about his being found wandering in the streets, said that two years ago he had had a nervous breakdown through overstudy and was under medical treatment for many weeks.
Judge Lumley Smith said he had not seen, in prisoner's conduct of the case to-day, any sign of want of intellect. The question of insanity could not be dealt with here. Prisoner would be sentenced to nine months' imprisonment in the second division; he would be kept under observation, and if he was found to be insane he would be treated accordingly.
Mr. Ernest Beard prosecuted; Mr. Curtis Bennett defended.
GUY STANLEY WATSON , clerk to A.J. Crawford and Co., 21, Berners Street. Prisoner entered the employment of my firm in June, 1907, and remained till January this year, as a clerk. Our offices were then at York Place, Baker Street. About August 28 or 29, 1907, I went out to lunch, leaving prisoner alone in the office. I had left on my desk a bunch of keys, one the key of the office door. On my return the keys were gone. Prisoner said he had not seen them; the place was searched and the keys were not found. We removed to Berners Street on June 23; the lock of the office door in York Place was transferred to the Berners Street offices. Prisoner was taken on temporarily for ten days at Berners Street; I believe he was aware that the lock had been transferred.
Cross-examined. The loss of the keys was about a year before the theft of the cheque, the subject of this charge, took place. I have lost keys on one or two other occasions.
SIDNEY C. BRANDON , clerk to Crawford and Co. On the evening of August 16 last I locked up the office door (Berners Street) safely; when I went there next morning the office door was all right, but on
getting inside I noticed that the cupboard had been interfered with. Mr. claydon drew my attention to the drawer of his desk; I saw that it had been forced.
Cross-examined. This was on the evening of July 16; when I said August I made a mistake. It was 10 to six when I looked up; between that and 9.30 next morning somebody must have broken into the office. A clock was also missing; it has never been traced.
HARRY L. CLAYDON , manager of Crawford's. On July 16 last I locked up the drawer of my desk prior to leaving the office. In the drawer were two cheque books. The following morning I found that the desk had been broken open. On looking at the cheque books I found that from one of them two cheques had been taken, with the counterfoils. I at once went to my bank; that would be about 11. I was shown the cheque for £20 now produced; it it one of the two taken from my book. It is not drawn by me or the firm or by our authority. The signature is a very good imitation. We have heard nothing of the other missing cheque. Prisoner had frequently cashed cheques for us at this bank.
Cross-examined. Prisoner came to us with good references. I am quite sure the two cheques were safe in my drawer when I left the office at 5.30 on the 16th; I personally discovered their loss just after 10 the next morning. The two previous witnesses also used to cash our cheques at this bank.
FRED ANDREWS , cashier. London City and Midland Bank, Marylebone branch. Crawford's bank at my branch, and we are in the habit of having cheques presented signed by the firm or by Mr. Claydon. About 10, on the morning of July 17, the cheque (produced) for £20 was presented to me by prisoner; I passed it as a genuine cheque and gave him the amount in gold and silver. I had seen him before and knew that he was in Crawford's employ; I had cashed cheques for him before. I am quite sure he was the man who cashed this cheque; there was no other customer in the bank at the time.
Cross-examined. I get to the bank at nine a.m.; it was about 10 when prisoner came in, just about; I cannot be more definite. I had known him by sight for some time as one of Crawford's clerks. When I went to pick him out from eight or nine other men he was the only one of the lot that I knew by sight; I knew him, and expected to find him there. I cannot say whether the man who cashed the cheque wore a cap. I heard the evidence called by prisoner at the police court to show where he was on that morning; it did not shake my opinion at all.
Detective FRANK EVELYN. On July 17, about a quarter to seven, I went to 12, Croftwell Street, Waterloo, the premises of Mr. Smith, an undertaker, where I saw prisoner; earlier in the day I had been to inquire for him at his mother's house, 11, De Laune Street, Kennington. I said, "I shall arrest you on suspicion of forging a cheque and uttering it this morning at the London City and Midland Bank, Marylebone." He said, "That's a great mistake; I can account for my movements for the whole
of the day up to now; I was here at nine o'clock this morning"; turning to Smith he said. "Father, this gentleman says I am suspected of cashing a forged cheque and breaking into Berners Street; you can prove where I have been all this day, can't you?" Smith said, "Yes, you were here about half-past nine this morning." Prisoner then said, "When I came here Mr. Smith asked me to go to Ashton's to tell him that the horses he had ordered would not be wanted, and I went there on my bicycle; on my way I had a puncture, and had to walk the machine back; I arrived back about half-past 10; then I stayed about here until five past one; then I went to fetch my girl; my mother came down to tell me that someone had called to see me, so I went home with her and stayed there till about a quarter to six; I left word to say that I should be here if I was wanted." He was taken to the station and placed with eight other men resembling him as far as possible; he was picked out by Andrews as the man who had presented the cheque. He was then charged; in reply, he said, "It's a lie, I was not there." On being searched 6s. 6d. was found on him.
Cross-examined. On inquiry at Ashton's I found prisoner had been there that afternoon. It is 21/2 miles from Smith's place to the bank in Marylebone. Prisoner has had no charge made against him before this.
GEORGE WALTER JAMES PARKER (prisoner, on oath). I remember in August, 1907, Watson losing his keys. I never had them. On June 24 this year I re-entered Crawford's employment and stayed till July 4. On July 16, at two o'clock, I got to Croftwell Road, where my young lady lives. At 2.30 I went to the Coliseum with Mr. Smith; we left there about half-past five and returned to Croftwell Street at six. We all had tea, and I stayed there till half-past 10, when I went home, arriving there about 10 to 11. I saw my mother, said "Good-night," and went to bed; I did not get up again till half-past eight next morning. I left home at 10 past nine and got to Smith's about half-past nine. At a quarter to 10 I left there to go to Ashton's; I got on to my bicycle; instead of the bowler hat I usually wear I put on a cap. I got as far as Kennington Road post office when I had a puncture, and I had to wheel the bicycle back. I arrived back at Smith's about 20 past 10. I stayed in the house till five to one, when I went up to Piccadilly Circus to meet Miss Smith. I left her about two, and then went to Ashton's. On returning to my own home my mother told me a gentleman had been for me; I left word with her that I should be at Smith's. Later on the detective came there; his account to-day of what I said is correct. It is not true that I broke into prosecutor's premises; I know nothing whatever of the writing of the cheque or its being cashed. I have never seen the other cheque that was stolen, or the clock.
Cross-examined. It was about three in the afternoon that I heard at my mother's house that someone had been making inquiries for
me. I remained there till a quarter to six, then I left because I had some work to do at Smith's.
Mrs. PARKER, prisoner's mother, HORACE S. PARKER, his brother, SIDNEY GEORGE SMITH, and Mrs. SMITH, gave evidence generally corroborating prisoner's story of his movements on July 16 and 17.
The Jury, without desiring to hear counsel or summing-up, returned a verdict of Not guilty.
BEFORE THE RECORDER.
(Wednesday, September 16.)
Mr. Lever, who prosecuted, said the case was of some importance, it being, to far as he knew, the first in which a workman had been charged with committing perjury in the course of a claim under the Workmen's Compensation Act of 1906.
HENRY EDMOND BROWN , builder, 373, Fore Street, Edmonton. In April I was engaged in erecting a platform for a church bazaar. The platform was composed of sections of flooring, which had to be moved across the hall. I engaged men to do the work on April 2. They included prisoner. The work lasted about 31/2 hours and I was there practically all the time. I saw the sections moved and helped to put them on the platform. None of the sections fell over; there was no accident of any kind and prisoner did not complain of any accident at the time. The job was finished about half-past 12 and I paid the men for it at the rate of 81/2 d. an hour, which is the proper wage for carpenter's work. On Monday, the 6th, prisoner came to me. He had his arm in a sling and I asked him what was the matter. He said, "I have got a boil on my arm." My reply to that was, "Your blood must be out of order." He said, "I had the boil before I lifted the wood, but I knocked it and made it worse in putting the platforms up on Friday." On April 11 I received a letter from Mr. Archibald Wickham, solicitor, of 24, Chancery Lane, forwarding particulars of an arbitration under the Workmen's Compensation Act and claiming £1 weekly until prisoner should be able to resume work. In accordance with the summons, I attended at Edmonton County Court on June 10. I heard prisoner sworn and give his evidence. He swore that one of the sections of the platform fell on his arm and caused him injury. At the close of his case the judge dismissed the application without calling on me for any defence. His own doctor distinctly stated that prisoner only had a carbuncle and there was no injury at all.
At this stage prisoner intimated that he wished to withdraw his plea and to plead guilty and the Jury returned a verdict accordingly.
Detective-Inspector MARTIN, the officer in charge of the case, said that prisoner was a respectable man and had a wife and children.
Prisoner, having been in prison for two months, was released on his own recognisances to come up for judgment if called upon.
Upon the indictment of attempting to obtain money by false pretences from his employer no evidence was offered and the Jury returned a verdict of Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, September 16.)
Mr. Dulley Christie prosecuted; Mr. Warburton defended.
Verdict, Not guilty.
Mr. F. A. Lucas prosecuted; Mr. St. John McDonald defended.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Tuesday, September 8.)
Frederick ISTED, (21, butcher) , pleaded guilty of burglary in the dwelling-house of Frederick Pratt Phillips, and stealing therein a jar and other articles, his goods, and of feloniously receiving same. There being a technical difficulty with regard to the charge of burglary (prosecutor's premises not having been properly closed), prisoner was dealt with for the offence of receiving. Nothing was known of prisoner, who declined to give any account of himself.
Sentence, Six months' hard labour.
BEFORE MR. JUSTICE PICKFORD.
(Wednesday, September 9.)
Verdict, Not guilty.
Mr. S. A. Williams prosecuted.
BEATRICE JACKSON , 74, Rochester Avenue. I have kept company with prisoner since January last. On August 17 last we went to Wanstead Flats and sat on the grass. He kissed me and said, "Are you tired?" I said, "No." He put his arm round my neck and drew something across my throat. I felt a drawing sensation, and he said, "I have done it." I got up and screamed "Murder!" He said, "Come here." I ran up to a young man and said, "See me by this young man; he has cut my throat." He took me to the train for Upton Park and to a doctor. I held two handkerchiefs to my throat. This was a Monday night. Prisoner drinks, but only on Saturdays.
MARY ANN SMITH . On August 18 I was in Keppel Road, Wanstead Flats and picked up this knife (table-knife produced). It had very dark stains on it as if used for fruit. I took it to the police station, having read an account of the occurrence in a newspaper.
Police-constable ARTHUR GRAY, 743 K. Prisoner came up to me on August 17 and said, "I have cut my girl's throat on Wanstead Flats and I want to give myself up." I conveyed him to Plaistow Police Station. He was sober and not excited.
To Prisoner. You were not in drink when you came up to me.
Detective GUY MERCER, K Division. I saw prisoner at the police station at 12.45 a.m. On August 18. I said, "I am a police officer, and I understand you have given yourself up for cutting your young lady's throat." He replied, "Yes; that is right; that is all I have to say about it. I may say more to-morrow. I threw the knife away just near the plantation, after I done it. It is a small, white-handled table-knife." He was charged and made no reply.
To Prisoner. I have inquired into your character, which is very good at all three situations you have held.
ARTHUR HOLT , registered medical practitioner. Prosecutrix came to me on August 17 suffering from a clean-cut wound on the left side of her throat. I put in five stitches. The depth varied from a line to half an inch in depth and was about four inches long. A knife of this kind might have been used. The wound did not involve any vital structure and would be only dangerous from secondary causes. She is now exceedingly nervous. The wound has healed, but her constitutional condition is still very low. She will recover. It will leave a scar.
PRISONER (not on oath). I am very sorry for what happened. I had been drinking at the time. I must have been in drink or I should not have done it. I have no evidence to call.
Verdict, Guilty of unlawfully wounding.
Sentence, Nine months' hard labour.
BEFORE THE RECORDER.
(Wednesday, September 9.)
Frederick BOURNE, (22, butcher) , pleaded guilty of embezzling and stealing on August 14, 1908, the sum of £1 7s. 3d. in money; on August 22, 1908, the sum of 4s. 101/2 d.; and on August 26, 1908, the sum of 1s. 41/2 d., received by him for and on account of Harry Thomas Stovold, his master.
Prisoner attributed his downfall to betting, stating that he backed a horse which he was told was bound to win, but it did not win, and he lost everything. He was released on his own recognisances of £50 to come up for judgment if called upon.
Mr. W.W. Grantham prosecuted; Mr. Burnie defended.
HERMANN LEBERMAN , confectioner, High Street, Walthamstow. On August 11 I attended a sale at 201, High Street, Walthamstow. I noticed that prisoner was behind me with three or four others. Before the sale started I had my watch and chain on my waistcoat. I took it off for safety and put it in my hip pocket. I stood with my back to a shed. When the sale began prisoner and three others started hustling me about. Feeling rather suspicious, I felt in my pocket and found my watch and chain there. They again started pushing me about and on feeling in my pocket a third time I missed my watch and chain. I looked round, but could see nothing of prisoner and his companions. I went directly over to the policeman and told him I had lost my watch and chain. I went out into High Street, and when I got to Westbury Road I saw one of the gang walking along five shops off. I ran up to him, caught hold of him, and said, "You are one of the lot who has robbed me of my watch and chain. Come back to the policeman." While I was holding him prisoner and several others came up to me and said in chorus, "The policeman at the gate has got the man who stole your watch and chain," so I let the man go and went back to the gate, thinking it a bit of luck to get my watch and chain back, but the policeman had no one with him. I then went back to Westbury Road and went through Hoe Street. Prisoner and three others turned round, and when they saw me and the policeman they started running in different directions. The policeman caught one by the sleeve, but he got away. The policeman then blew his whistle, and it happened that a private policeman was passing on a bicycle, who chased prisoner and caught him.
Cross-examined. The sale was held in a yard into which, of course, anyone could come. There were 50 or 60 people there—something like that. I was only pushed by prisoner and his three companions. I went to the sale about two o'clock, and when I missed my watch and chain it was about 20 minutes to three. A good many things
were sold while I was there. As the things were knocked down the auctioneer's man came and pushed through the crowd to get the name of the purchaser and a deposit. It was a confectioner who was being sold up. I knew many of the people in the crowd, which was composed of shopkeepers and dealers. I do not remember saying before the magistrate that the crowd were jeering at me because I had lost my watch and chain. I had been working 17 yean before I got a watch and chain. I noticed prisoner twice when I looked round. I could identify the other three men if I could get hold of them.
THOMAS MUNDEN , Walthamstow, off-license holder. I was at the sale on August 11 and during the sale was pushed and hustled about by prisoner and several other people to such an extent that I became alarmed and got out of the gate. I had not been out of the crowd more than five minutes when Mr. Leberman rushed out of the crowd to tht police-constable on duty and said he had lost his watch. When I left the crowd prisoner was standing by the side of Leberman. Leberman took the constable into the crowd and tried to find the man but could not. Then some of the crowd left and went to the corner of Westbury Road. I thought it rather strange, so I followed them. Leberman rushed up to a young man who was standing there and caught hold of him, and two or three others came along and said to Leberman, "The policeman has got the man with your watch round the corner at the gate." There were several people calling that out in chorus. Leberman then let go of the young man and went back to the gate, but I remained where I was and watched them laughing, all scattered about the road. I walked with others up Westbury Road through Hatherley Road into Hoe Street. Then I heard a policeman's whistle and they quickened their steps, some going one way and some another, but prisoner ran. When the constable got up to him he seemed to knock the constable away. I followed round, and a constable in plain clothes on a bicyele went after prisoner and when I got up there he had caught him.
Cross-examined. There was a great crowd at the sale. The pushing of the auctioneer's man no doubt caused a good deal of movement in the crowd, but not so much as was going on there. Leberman was very excited about the loss of his watch but at the time made no charge against prisoner. I had some money in my back pocket. some pushed me one way and some another. I followed to the station and heard prisoner say a mistake had been made and he was not the man.
THOMAS BROWN , painter, Mansfield Road, Walthamstow. I was at the sale on August 11 and saw Leberman run out of the yard. I saw prisoner and some others follow Leberman as he went up Westbury Road. I followed and saw Leberman had hold of a young fellow. Prisoner, with three or four others, said to Leberman, "You have got hold of the wrong fellow. The policeman has got the fellow down at the gate." They said it in chorus. Then Mr. Leberman let go and went towards the gate. Prisoner and three or four others went away together. My intention was to follow them, but when I got to the top of Westbury Road one of them said to me. "What do you
want?" I said, "Nothing," and he struck me in the mouth. Prisoner went away with the man the prosecutor let go.
Police-constable JOHN HIGGS, 462 N. I was on duty in High Street, Walthamstow, on the afternoon of the sale. In consequence of what prosecutor said to me, I went with him to Westbury Road, where he pointed out some men to me 80 or 100 yards away. Prisoner was amongst those pointed out to me. I followed him and when I was about 25 yards away he looked round and saw that I was following him. He then made a dash and ran away from the other men. I chased him and came up with him in Hoe Street, Walthamstow. I said to him, "I want you a minute." He spun round on his heel and dashed off again, I still chasing him. He went down Greenleaf Road, where I saw a constable passing in plain clothes on a bicycle, who followed prisoner into Greenleaf Road and stopped him. Mr. Leberman said, "That was the man that was hustling me in the crowd," and gave him into custody. Prisoner was taken to the station, and when charged made no reply. He was charged with being concerned with others in stealing from the person of Mr. Leberman.
Cross-examined. I did not hear him say at the station that a mistake had been made.
Police-constable WALTER ROOM, 669 N, stationed at Chingford. On the afternoon, of August 11 I saw the last witness trying to arrest prisoner, who twisted away and bolted. I gave chase, caught him and detained him until prosecutor and the constable arrived on the scene. Prisoner said, "You have made a mistake and caught the wrong one." When he said that I did not know what he was charged with.
Cross-examined. He went quietly to the station. He did not repeat the statement about a mistake having been made in my presence.
JAMES SMITH (prisoner, on oath). I went to the sale on August 11 about 2.20. I had been for a walk round Epping Forest and was making my way down High Street, Walthamstow, and as I was passing through on my way to the railway station I saw a mob of men at the bottom of a gateway, and was told there was a sale being held. I was there quite by chance. I had a "Star" in my hand and was looking at the racing. Harris, who afterwards came forward as a witness for me, asked me a question about a horse. I did not notice the prosecutor until he lodged a complaint that he had lost something. He claimed a man in the crowd, and said he had lost his watch and chain. The incident caused a lot of laughter. Prosecutor was very excited. Somebody in the crowd said, "You have made a mistake," and then prosecutor walked over to the constable who had the crowd under observation. Then he came back with the constable and claimed the same man again, saying, "I give him in charge for stealing my watch and chain." The constable said, Are
you sure?" With that somebody said again, "You have made a mistake." Then prosecutor said "No" and ran out of the yard, a crowd of between 20 and 30 following him. When he got to the bottom of the yard the police constable followed him and told him to go and report what he had lost at the police station. The prosecutor speaks with a strong foreign accent, and when he was asked his name the auctioneer not being able to pronounce it, that caused a great deal of laughter. I followed the prosecutor out of curiosity. In Westbury Road he claimed some other man, and a number of people there shouted out in chorus, "Let the man go; you have made a mistake." I did not take part in the chorus. I did not know any of the men there; they were all perfect strangers to me. We walked away in little mobs of six or seven talking about what had taken place and the excitable manner of the prosecutor. Then I looked back and saw a policeman in uniform coming after me. He tried to catch hold of me but I broke away, and in the excitement I ran away. I got a little bit nervous, but when the man on the bicycle came and stopped me I went quietly with him. I said he had made a mistake, and I repeated that again in the station in the presence of the sergeant who took the charge.
Cross-examined. When I saw all these people I was making my way to the station to catch a train for Bethnal Green Junction. I did not go to the sale with the intention of buying anything. The things that were for sale were not in my line. I had my time at my own disposal. When I was walking in Westbury Road after this affair of the watch and chain I knew I was going away from Hoe Street Station. I did not make any defence before the magistrate; I was defended by a solicitor. This is the first time I have made a statement in court. For some reason or other the solicitor did not call me as a witness, but other witnesses were called on my behalf. When the officer on the bicycle arrested me he asked what I was running for, and I said, "Nothing." I never said to Room, "You have got the wrong one." I was not one of those who shouted out, "Let him go." I had never seen any of the men I was walking with in Westbury Road before. To my knowledge they did not scatter in different directions. I ran away round the corner as I did not want to get myself into trouble. I can only say I was excited and lost control of myself at the time. I am a bookmaker.
GEORGE MORRIS LEWIS , 458, Kingsland Road, furniture dealer. I went to this sale to buy a pair of scales. I stood four or five yards behind the prosecutor. The constable was practically standing by the side of me, and I remarked to him what a rum place it was to make confectionery in. There were corrugated iron sheds in this gateway. With regard to prosecutor, I saw something was being carried on and I came to certain conclusions. There was a good deal of hustling and jostling. Every time goods were knocked down the auctioneer's porter came and asked the buyer for a deposit. There was a big crowd of over 100 people there. I saw several people jostling prosecutor and getting round him, and I came to the conclusion that they were trying to rob him. Prisoner was not one of them—
as a matter of fact he was standing by the side of me. I swear he was not in the crowd when prosecutor lost his watch and chain. I said before the magistrate I saw someone take something from Leberman's pocket. I saw a man with a piece of gold chain hanging down from his hand. It was not a man, but it was a young chap about two or three and twenty. He was immediately behind the prosecutor and there were two or three men between him and me. That is the man prosecutor afterwards got hold of. I did not help to detain him because I wanted to go back to Dalston. There was a big gang there and I might have got my neck broken. Prosecutor being of the Jewish persuasion, the same as myself, I spoke to him in Yiddish and gave him to understand certain things. He told me he had lost his watch and chain. Of course, I knew that before he told me. I told Leborman the man who had his watch and chain had just run cut, and he went after the man and caught him.
Cross-examined. I went to the corner and saw prosecutor catch hold of the man. I was about a dozen yards away. The big gang I speak of was composed not of hustlers but of thieves. They were not all thieves there; there were some respectable tradesmen. If I had run over to the constable and pointed out the man who had got the watch and chain I do not think I should have had whole windows in my shop that night. I knew practically the whole of this gang of thieves. They are at all sales. I am not in the habit of shielding thieves. I do not shield anybody, but I mind my own business. At these sales, when you see hustling going on and suddenly they all walk out, then you know somebody has been robbed, but you cannot do anything. It wants a private detective at these sales. Though you may know what is going on you cannot interfere. I should know the lad who took the watch and chain out of a hundred, though I had never seen him in my life before.
ARTHUR HARRIS , upholsterer, 34, Overbury Street, Homerton, also deposed to being at the sale and to have seen prisoner there reading the newspaper. He was talking to prisoner about five minutes. They were standing outside the crowd and were still in conversation when prosecutor made known his loss. As soon as he saw there was a bit of commotion he walked out of the yard. He came to give evidence at the police court in consequence of what he read in the paper.
Cross-examined. I have known Lewis about 17 years. I did not see him at the sale. I am a stranger to Walthamstow and was on my way to Chingford Mount simply for a walk. I sometimes work for Lewis. I gave a wrong address at the police court because I was nervous. I remember a little business of a bogus burglary at Ongar, in Essex. That was about six years ago. I was only engaged to drive the trap. It was said that it was a put-up job to get money from the insurance company. I also had a little accident over a coal plate. That was just before this bogus burglary. I claimed damages while I was living at the expense of the country awaiting trial.
Re-examined. The man who was tried with me for this bogus burglary set up the defence that it was a put-up job. That was not my
defence at all. The Jury found me Not guilty. I got no damages in respect of the accident, because I did not go on with the case.
Verdict, Guilty. The Jury recommended that the witness George Morris Lewis should be severely admonished for his conduct.
Prisoner confessed to a previous conviction for felony at Clerkenwell in 1903, and the police evidence showed that for the past 19 years he has either been in prison or in penal servitude.
Sentence, Five years' penal servitude.
Mr. Forrest Fulton prosecuted.
WILLIAM CUSWORTH ANDERSON . I am a cycle maker and lodge at 2, Brandon Road, Walthamstow, with a Mr. Austin. I own a bicycle; Austin does not own one to my knowledge. On August 19, at 11 o'clock at night, I left the bicycle in the back yard. When I went to the yard at about eight o'clock next morning the bicycle was gone. I went to my work and later in the day gave information to the police. At half-past 10 the same evening I was called to Forest Road Police Station, where I was shown my bicycle. Nobody had authority to take my bicycle for any purpose.
Detective-sergeant HORACE CASELTON, N Division. On August 20, about half-past two in the afternoon, I went with Detective Markell to 70, Parkeston Road, Walthamstow, where prisoner resides. I entered the house from the front and Markell from the back. I told prisoner I was making inquiries about a bicycle. He replied, "Get out of this, you f—g bastard. You have no right here without a warrant." He got hold of me and attempted to put me out. We straggled with him and threw him to the kitchen floor. I then went upstairs, leaving prisoner in charge of Markell on the floor. Prisoner was very violent. When I went upstairs I found this bicycle lying on the floor of the front room, which was otherwise empty. I went downstairs again and Markell and I got prisoner on his feet and he began to struggle again. We had to throw him down. At that moment his young sister, who was living in the house, ran out shutting all the doors. Having secured him, I ran to the front door, opened it and called in a constable in uniform. On returning to the kitchen, I found that prisoner had thrown Marshall off and was facing him with a table knife in his right hand and a flat iron in his left. He said. "You f—g bastards, I will murder you." I took the constable's truncheon and said to prisoner, "Put those things down." He said, "I won't," and he drew back his right hand with the knife in it and lifted it in an upward direction. I struck him across the knuckles of the right hand, causing him to drop the knife and Markell kicked it under the table. Prisoner said, "Now I have not done," and commenced to flourish the flat iron about. I then struck him with the truncheon across the muscle of the left arm, which made him drop the flat iron. He again said he had not done. We struggled with him again, and he afterwards said he Would go quietly. At the police station the Inspector asked him to account for the
bicycle, and he then said it came from No. 2, Brandon Road and belonged to a man named either Austin or Anderson. When charged prisoner made no reply. Anderson was afterwards brought to the police station and identified the machine.
Detective HARRY MARKELL, N Division. On August 20, about half-past two, I went to 70, Parkeston Road, Walthamstow. Entering the house from the back, I found Caselton and prisoner struggling. I assisted the sergeant and we succeeded in overpowering him. The sergeant went upstairs for the purpose of finding the bicycle. I had prisoner on his back; he got away from me, got up, went to the table and picked up a table knife and also picked up a flat iron. I called for assistance and Caselton came down. Prisoner said, "I will do for you, you f—g bastards." (Witness proceeded to describe the struggle.)
(Thursday, September 10.) (Defence.)
Cross-examined. The back yard is approached by a side entrance which is not kept locked.
To the Court. If prisoner had asked for the loan of the bicycle it would have been lent to him. I had a bicycle, but have now sold it, but prisoner was not aware of that fact. My bicycle very much resembled Anderson's, but I think his is a little brighter than the one I had. I used to keep it in the back-yard or in the house, according to the weather.
Mrs. AUSTIN stated that on the morning of the 20th she saw prisoner, and asked him if he had seen the bicycle. Prisoner, in reply, said, "I took the bicycle. I knocked at the door and could get no answer, and I came round to the back and got no answer, so I took a loan of the bicycle. I thought it was Charles's (Austin)." Witness added that she told Anderson when he came home that prisoner had taken it in the belief that it was her husband's.
Sergeant CASELTON, recalled. I called to see Mrs. Austin on the evening of the 20th, the day the bicycle was found. Her husband was at home, and spoke to me at the door with her. She did not say anything about Mansfield having taken the bicycle in the belief that it was her husband's. When I saw them at the door I said; "Is the name Austin or Anderson living here?" She replied, "Both; this is Mr. Austin," referring to her husband. I said, "have you lent anybody a bicycle to-day?" She hesitated. The husband said, "I have not." She said, "What do you want to know for?" I said, "Certain information has come into my possession and I want you to be careful as to how you answer me. Have you lent a bicycle to anybody?" She said, "No. Have you got a bicycle?" I said, I have, and I have a man in custody of the name of Mansfield, and he
said it came from here and belonged to either a man named Austin or a man named Anderson." She said, "I know nothing about it." I said, "I do not say you do. If you do in fairness to him you had better come to the station, and if he is charged you had better come to Stratford."
The Recorder expressed the opinion that in all probability if the magistrate had heard her story he would have dismissed the summons.
Witness. I may say she was in court at Stratford all the time, and prisoner called to her asking her to get her husband to be bail for him. After she came out of Stratford Police Court she said, "I will tell you the truth. Do not bring me into it. I went to him that morning and asked him if he had seen the bicycle, and he took the bitterest oath he had not been near the place nor touched it."
Verdict, Not guilty.
The Recorder agreed with the verdict on the ground that the evidence was not sufficient. His Lordship then directed a bill to be taken before the Grand Jury in respect of assault on the officers.
Later in the day the indictment for the assault was dealt with, and on the evidence of Sergeant Caselton and Detective Markell the jury found the prisoner Guilty, and he was sentenced to six months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, September 9.)
George Charles DYE, (26, painter) and Sarah Esther DYE(24, no occupation) ; both breaking and entering the dwelling-house of Alfred Maul, and stealing therein one gold link, one locket, one ring, two gold pins, and divers other articles, his goods; feloniously possessing three moulds, which would make and impress the figure of both sides of a 5s. piece.
George Charles Dye pleaded guilty to both indictments.
Mr. Beaumont Morice stated that the prosecution did not propose to offer evidence against the female prisoner on the coining charge, and the Jury returned a verdict of Not guilty.
Sarah Dye was then tried on the housebreaking charge.
Mr. St. John Morrow prosecuted; Mr. Knight defended.
ALFRED MAUL , general dealer. I am tenant of 147, Major Road, Stratford, and live alone there. On July 15, 1908, at 12 noon, I left my premises securely fastened, returned two hours later, and found the place had been entered, my boxes and drawers turned over, and a quantity of property stolen. I missed a nine-carat gold link and locket, 18-carat mourning ring, two gold pins, silver watch, silver and paste brooch, enamelled brooch, eight gold studs, a George III. crown piece, black leather case of mathematical instruments, microscope in case, glazier's diamond, cloisonne enamelled box, pair of eyeglasses, pair of pliers, jeweller's scales and weights, surveyor's
compass, and other articles, valued at £15. I gave no one authority to remove them. I at once gave information. On August 11, at East Ham Police Station, I identified paste brooch, eyeglasses, jeweller's pliers, scales and weights produced. I subsequently attended at Greaves, pawnbrokers, 292, Mile End Road, and identified the glazier's diamond produced. I know nothing about the female prisoner, or how the robbery happened.
ERNEST FITCH , assistant to Mr. Greaves, 292. Mile End Road, pawnbroker. On July 25, 1908, glazier's diamond produced was pledged with me for 3s. in the name of Jack Johnson, 10, Boville Street, by a man.
Detective-sergeant WILLIAM BRADLEY, K Division. On August 8, with two other officers, I searched 119, Florence Road, East Ham, occupied by the prisoners. They are not married, but have been living together for some time. As the searching was in progress I saw the woman take from a chest of drawers a purse containing five pawntickets. I said, "What have you here?" She said, "They all belong to me." One of the tickets related to a glazier's diamond.
Cross-examined. Prisoner and George Dye were in occupation of the house. She was living with him as his wife. All she said was, "They all belong to me," referring to the pawntickets. I took them away from her. I went there to arrest the man.
Detective-sergeant FREDERICK LEYCESTER, K Division. I, with two other officers, searched the premises 119, Florence Road. In the downstairs front room in the chest of drawers I found box containing jeweller's scales and weights and a pair of pliers produced. When charged, the female prisoner said she did not know where the place was. Major Road, Stratford, is about 21/2 £ miles from her house.
Cross-examined. Prisoner made no admission of complicity. We went to search the place and arrest anyone on the premises. The two prisoners were in occupation: the woman was just as much the tenant as the man. I am informed that the rent of the house was 6s., that the woman took the house and they both went into occupation.
Verdict, Not guilty.
Convictions proved against George Dye: December 26, 1900, one month for stealing a purse; December 21, 1901, at West Ham, three months' for Larceny in the name of Charles Holder (his real name); July 1, 1903, nine months' for larceny; November 18, 1906, at South London Sessions, 12 months' for housebreaking. Known as the associate of several housebreakers now under sentence. Known as a coiner for about six months.
W.J. WEBSTER, Inspector of Coins, H.M. Mint. The two moulds produced are skilfully made, and are for making crown pieces. There is also a milling instrument for perfecting the coin which I have not seen before.
Sentence, Seven years' penal servitude.
BEFORE JUDGE LUMLEY SMITH
(Wednesday, September 9.)
Albert PROBYN, (18, labourer), John HAYWOOD, (16, labourer), and Herbert Harry HAYWOOD, (13, labourer), pleaded guilty of breaking and entering the Bonny Downs Free Church and stealing therein three brass lamps, the goods of Alexander Robertson and others.
Probyn and John Haywood had been convicted before for minor offences and it was stated that they were associates of gangs of thieves in the neighborhood of West Ham.
Sentences: Probyn and John Haywood, Three months' in the second division; Herbert H. Haywood was released on his recognisances to come up for judgment if called upon.
prisoner confessed to a previous conviction on December 21, 1901. Four other convictions were proved. The form of larceny which prisoner affected was what is known as ringing the changes, which he had done in shops after making small purchases. Three of the other convictions were for the same thing. Many complaints had been received in regard to prisoner.
Sentence, 15 months' hard labour.
James Herbert LOW, (48, cook) , pleaded guilty that having been trusted with certain property, to wit, the sum of 17s., 6d., in order that he might pay the same to Thomas William Fletcher, did unlawfully and fraudulently convert the same to his own use and benefit.
Prisoner stated that he had got drunk while he had the money in his possession, having been led away by some acquaintances he had met.
A detective officer stated that prisoner was addicted to drink and no doubt his downfall was due to that.
Prisoner was released under the Probstioners' Act on his own recognisances in 5, for one year, on condition that he abstained from drink.
BEFORE THE RECORDER.
(Thursday, September 10.)
Mr. Warburton Prosecuted.
WILLIAM JAMES DYER , 3, Blackhorse Road, Walthamstow, undertaker. On August 29, about a quarter to five in the afternoon, pri-soners came into my shop about making arrangements for a funeral. On my going into the office Evans followed me in and left Smith in the shop. I wrote out an estimate for £6 2s. 6d., and Evans asked me if I would write out another one as he wanted more detail. He said, "If I bring the order will you give me 2s.?" I said, "No." When I returned to the shop Smith had gone. After Evans had gone I missed two planes off the bench in the front shop, one of which I had been using just before prisoners came in. I gave information to the police. I value the planes at 12s. 6d. I identified prisoners at Lea Bridge Road Police Station.
Police-constable WILLIAM CHILDS, 776 N, stationed at Lea Bridge. On August 29, about eight o'clock in the evening, I was in St. James's Street, Walthamstow. A description of the two prisoners had been given me by Mr. Dyer, and in Markhouse Road I saw Evans entering another undertaker's shop. On leaving that shop they went in the direction of Lea Bridge Road. I got assistance, followed, and stopped them. I told them they answered the description of two men who had stolen two planes from Mr. Dyer's shop earlier in the evening. Smith said, "I do not know this man (Evans). I met him in the 'boozer.'" At the station they were placed with eight other men and picked out by prosecutor. Evans said, "Cheer up, Jack, we shall get out of this."
EVANS, called on for his defence, said he was drunk and had no recollection of going into any shop and no one was more surprised than himself when he woke up and found himself in the charge room. He complained of the method of identification.
SMITH said he was intoxicated.
Verdict, Guilty. Both have been many times previously convicted.
Sentences: Smith, 20 months' hard labour. Evans, three years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Thursday, September 10.)
Henry Robert EVERIDGE, , and Joseph SIMPSON, ; both stealing one pantograph, two cases of drawing instruments, and other articles, the goods of Winsor and Newton, Limited, and feloniously receiving same. Simpson, stealing six hot water bottles, one douche, three air cushions, one air cushion case, and other articles, the goods of W.H. Bailey and Son, Limited (his employers).
Mr. W.W. Grantham prosecuted. Mr. W.S.M. Knight appeared for Simpson.
Everidge pleaded guilty of receiving from Winsor and Newton.
Simpson pleaded guilty of stealing from W.H. Bailey and Son, Limited. He was tried for receiving the goods of Winsor and Newton.
GEORGE FREDERICK BAILEY , head of W.H. Bailey and Son, Limited, Oxford Street, surgical instrument makers. Prisoner has been in our employment 22 years and until recently was regarded as a good and honest servant. I believe he has taken goods during a period of some years; 125 articles were found at his premises. Prisoner has been foreman of the manufacturing department and received £2 6s. a week. The value of the goods to which he has pleaded guilty in £7 to £10.
Cross-examined. Previous to this charge I had no reason to doubt his honesty. He has been at times in sole charge of our premises and has had money in his charge which he has duly handed over. If prisoner's wife had been ill and required a certain instrument I should not have given it to him but sold it at cost price.
(Simpson here desired to withdraw his plea of Guilty as to Bailey and Son. The Common Serjeant said he should not allow the plea to be withdrawn; an order for restitution had been made and evidence taken.)
Detective-sergeant HORACE CASTLETON, N Division. On July 28, 1908, I saw the prisoner Simpson at St. Mary's Road, Walthamstow. I searched his house and found a large quantity of articles, list of which I produce. As I found them I asked how he became possessed of them. He said he got them from a man of the name of Everidge. He said, "He used to work with me at Bailey's. I have had them a long time." Prisoner was then working at Bailey's. I asked where I could find Everidge and he said he did not know. I picked up a box of drawing instruments and said, "You say you have bought these from Everidge?" He said, "Yes." I said, "What did you give for them?" He said, "All prices." I said, "We will take this box of drawing instruments, for instance—what did you give for these?" He said, "I gave him 2s. 6d. each for these boxes." I told him it seemed very little to give and I should take him to the station in connection with that and as to the other matter. He then told me Everidge was called "Cougher." He was then taken to the station and charged with stealing from Bailey's. About 10 days later I saw Everidge and he made a statement to me. On the date of the remand at Stratford I told Simpson he would be further charged with receiving a quantity of pencils and other things which had been found at his place, knowing them to have been stolen. He said, "I did not know they were stolen."
Cross-examined. Prisoner did not give me any help to find Everidge. He simply told me the name by which he was called and I made inquiries at Bailey's and Winsor and Newton's. I said at the police court he gave me assistance to find Everidge so far as he could tell me. The box of instruments he said he had given 2s. 6d. for are, I should think worth 10s. 6d.
LEONARD HERBERT LANHAM , employed at Winsor and Newton, Limited, Rathbone Place, Oxford Street. Everidge was employed by my firm from March, 1901, to April, 1903, and had access to the stores. I have seen the goods produced. Such articles belong to my firm and would have been in store at the time Everidge was employed. Several bear the name of the firm.
Cross-examined. I have been employed by Winsor and Newton since 1885. I cannot say that articles were stolen while Everidge was there. It is highly improbable that they were stolen all together. I can identify them as materials sold by us.
Re-examined. Everidge had no right to the property produced.
EVERIDGE. I can say that I received the articles produced. I never had any special wish to give evidence.
On the direction of the Judge a verdict was given of Not guilty against Everidge on the larcenv charge.
HENRY ROBERT EVERIDGE (prisoner, on oath). I was 21 on August 16, 1908. In 1901-3 I was working for two years and one month at Winsor and Newton's. On leaving them in April, 1903, I went to work at Bailey and Sons under Simpson and was there about 18 months. I have pleaded guilty of receiving the articles produced, the property of Winsor and Newton. I took them straight to Simpson. I got them at different times from a boy in Winsor and Newton's employment during some months of the time I was at Bailey's. Simpson used to give me halfpence for them.
Cross-examined. I cannot remember if Simpson asked me to get the goods for him. I do not think I forced them upon him—he bought them of his own free will. I do not know if he was anxious to have them. I was 16 in 1904. I received 12s. a week wages at Bailey's. I used to give my money to my mother and the halfpence were an enticement to me. I do not remember telling Simpson where the articles came from—I think he knew. He must have known.
Re-examined. I gave Simpson bundles of pencils like those produced, bearing the name of Winsor and Newton. (To the Judge.) The largest sum I got from Simpson at any one time was 2s.; I used to get about 4d. for a packet of pencils; I know nothing about the value of the things. I gave the pantograph and artist's painting case produced to Simpson. I gave the boy about half what I received.
Sentence: Simpson, 15 months' hard labour on each indictment, to run concurrently. Everidge was stated to be now in employment at Grosvenor's, printer, 34, Paddington Street. He was released on his own recognisances in£20 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, September 10.)
Thomas TILLING, (25, labourer) ; having been convicted on indictment of a crime within the intent and meaning of the Prevention of Crimes Act, 1871, and sentenced to a term of imprisonment for the space of 12 months, and a previous conviction as aforesaid having been proved against him afterwards and within the space of seven years after the expiration of the said term of imprisonment, to wit, on August 26, 1908, being found in a certain private place, to wit, on enclosed yard situate at the rear of No. 52, Romford Road, Stratford, under such circumstances as to satisfy the Court before whom he was brought that he was waiting for an opportunity to commit or aid in the commission of an offence punishable on indictment. (Prevention of Crimes Act, 1871, Sec. 7.) (Elected to be tried by a jury.)
Mr. Symmons prosecuted.
Police-constable JOHN MARSDEN, 151 K. On August 25 I was on duty in High Street, Stratford, where I saw prisoner with two others, Lee and Donovan, who were subsequently dealt with by the magistrate. They came out of Martin Street and stood at the corner for some two or three minutes; then all three proceeded towards Romford Road. I watched them. They stopped at the drinking fountain to drink; then apparently they saw me and went off down Romford Road, when I lost sight of them. I made a statement to Policeconstable Manning, who went off in the direction I indicated.
Police-constable CHARLES MANNING, 404 K. On August 26, about three a.m., I saw prisoner with two other men at the corner of Glenavon Road and Romford Road. There was an electric light near them, but where I was it was dark. I was on the other side of the read. I concealed myself in a garden. They were loitering and looking suspiciously about for about a quarter of an hour. Then I saw Donovan and Lee lift prisoner on to a wall. After that the two former went through the gate. Police-constable 523 then came along and joined me. Ten minutes later Donovan came out and walked along to the shops to get a better view of the road. He then went back to the gate and whistled. The other two came out. We then rushed out and they attempted to run. I arrested Tilling and Donovan. In reply to me, prisoner said, "I done nothing." Donovan then said, "I have been in there with a prostitute." There was no woman there. They were taken to the station and charged. Prisoner made no reply. The gate where the men went in leads to the back of Nos. 52, 54, and 56. There are stables on one side. The wall here is about 7 ft. high. There is easy access to the shops when you get inside the gate. There is a wooden fence to the gardens of the shops. The caretaker locks the door at night.
To Prisoner. I did not see you coming down Romford Road.
Police-constable HENRY WARNER, 523 K. On August 26 I was on duty in Romford Road, when Manning spoke to me at 3.30 a.m. I saw Donovan come out of the side gate in Glenavon Road and go to the corner of Romford Road, then walk up in front of the shops, looking in the doorways. Then he came back to the gate again and whistled and the other two men came out. I then arrested one of them, Lee. The wall at the side of Glenavon Road is, I should say, between 7ft. and 8 ft. high. All three started to run when they got out of the gate. I examined the houses afterwards, but could not find any marks. When searched at the station the men had nothing on them.
To Prisoner. Manning and I had our truncheons drawn when we came on you. (To the Judge.) I could not say that the men were on their way to commit a burglary. A house can be easily broken into without tools; the method is breaking the window near the catch.
Detective-sergeant WILLIAM PHIPP proved that prisoner had been convicted at Chelmsford Quarter Sessions on February 12, 1907, for burglary, receiving 12 months' hard labour, after a previous conviction for felony at North London Sessions, when he received four months' hard labour, on September 19, 1905, in the name of Thomas Smith.
THOMAS TILLING (prisoner, on oath). Me and Donovan and Lee went up the road for a walk, as Lee was on furlough from the 2nd Dragoon Guards and had to go back on the 24th. We were in Bow at 12.20 and went straight up the road. It was about 3.30 when we got to Stratford Fountain and had a drink. We got as far as the trams in Romford Road when we saw two policemen; one rushed it front and one behind. I said, "Hullo, what's up? I haven't done anything." With that they takes us down to the station. As we were going along Manning said to me, "Who is carrying the stick?" I said, "What do we want a stick for? We are only out for t night's jollification, as Lee has got to go to his regiment; he is bound for India on September 4."
Cross-examined. We did not go down Glenavon Road. I used to live round the rear of 52, Romford Road and know the premises well. There is no wall at all down Glenavon Road. There are stables there, a gateway, and a wooden fence, not 5 ft. high. I did not get over any wall. I do not know whether the gate was open or shut; we were not there. We were going straight along the road when the officers rushed at us. Manning said to us, "See that place; that was broken into last week by three other persons." I said I had done nothing, because I thought he was going to hit me with his stick. He caught hold of me very roughly by the arm. I never heard Donovan say anything. I do not know how long Lee had been away from his regiment. I have known him for about seven months. I think he came on furlough on July 24. I live in Canning Town, the other two in West Ham.
—LEE. On the night in question we were going home towards Romford Road. It was about 3.30 when we had a drink of water at Stratford. We saw two constables—Manning and another—on the other side of Romford Road. I don't know the name of the street we had got to; it was nearly against Vicarage Lane. There were about four shops together. We did not stop at the top of Martin Street.
Cross-examined. I was dealt with by the magistrate as a suspected person and rogue and vagabond. I got 14 days last October for being
in possession of a chisel. I was a deserter at that time. I am now in the same regiment and was on furlough at the time of this affair. I ought to have gone to India on September 4. I was out for a day's pleasure. We went down no turning and did not go through a gale. Prisoner did not go over a wall that I know of. He was with me all the time and I did not help him over.
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Friday, September 11.)
Henry PRATT, (28, labourer), and Alfred SHEPPARD, (19, labourer) , stealing a quantity of metal piping, the goods of Cory and Son, Limited; receiving the said piping well knowing it to have been stolen.
Mr. W.W. Grantham prosecuted.
ALBERT ROSS , employed by Messrs. Cory and Son, Limited, Victoria Docks. On the night of August 7, I saw the piping (produced) safely warehoused. Next morning I opened the place and found that a screw had been drawn out of the door, and I saw that the piping was missing.
Detective JOHN BREWER. On August 11, at 6.30 a.m., I went with another constable and saw the two prisoners go to some metal piping (produced) which was lying in some long grass about 40 yards from Cory's warehouse. The prisoners came along and went to the exact spot where the metal was hidden. Pratt picked it up and they both made their way towards the dock boundary fence, where there was another man on the other side. When they saw us Pratt dropped the metal and Sheppard made good his escape over the fence; Pratt ran down the dock. I gave chase for about half a mile and caught him. I told him I should take him in charge for stealing this metal; he Bade no reply.
(To the Judge). It was About 80 to 100 yards from the fence to where the piping was.
Detective JOSEPH PAYNE, K Division. On August 11, about 12.30, I saw Sheppard and told him who I was, and that I should take him in custody for being concerned with Pratt in stealing a quantity of metal from a workshop in the dock. He said, "I don't know nothing about workshop; I met Pratt this morning and told him where there was same metal. I went with him bat the dock policeman caught him and I ran away." He made no reply when charged.
Verdict, both Guilty. Each prisoner confessed to a previous conviction. Against Sheppard several other convictions were proved with small sentences.
Sentences, each 10 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Monday, September 14.)
Mr. Forrest Fulton prosecuted; Mr. W.W. Grantham defended.
THOMAS HILLYER , 849, Forest Road, Walthamstow. On July 4, I was lodging in Purkis's house; the other prisoner was not there; I could not tell you where he was. (The witness was cautioned.) I went to bed about 11 o'clock. Purkis slept in the same room. I was not wakened up in the night. I saw Purkis get into bed and saw him get up in the morning about 9. I could not tell exactly when he came to bed. I know No. 2, Jeffrey Square, but I saw nothing in connection with that house.
Mr. Forrest Fulton now drew his Lordship's attention to a statement made by the witness in presence of police officers, which was voluntary, and he asked to be allowed to treat witness as hostile.
Judge Lumley Smith said that it was not likely the jury would act on the statement if it was contrary to what was said at another time.
Witness (to the Judge). The statement was made because I was paid for it by the police; it is not true.
His Lordship said that no jury would convict on the evidence given by a man who declared that what he had said the other day was untrue. There being no other evidence, he therefore directed a verdict of Not guilty.
Mr. St. John McDonald prosecuted; Mr. J. Wells Thatcher defended.
JOHN WILLIAM ASHTON , bottle merchant, Plaistow. On June 24, prisoner came to my house and asked me if I would buy a horse. I asked him where it was. He said it was turned out in a field to which he took me. I told him the horse was no good; it was too old
and not heavy enough. He said that if I would buy the horse he had it sold. As he said that, of course, I said I would buy the horse. I paid £4 7s. 6d. for it to a man named Pratton, for which I got the receipt produced. The horse was brought to my house and then prisoner took it away to sell it. He brought it back the same night and said that the man had not the money, but he had to see him again. I said, "Very well, if the horse is not sold put it in our stables." He took the horse away again next morning. I saw the prisoner again at Poplar, when he wanted me to buy two more horses, but I declined. He had my horse with him then, which he took away with him. I did not see him any more. I gave notice to the police on about July 9. I heard later that he was arrested. I have bought horses from him, but had never trusted him with them before. He never offered me a donkey for this horse.
Cross-examined. I simply bought the cob because prisoner said he had it sold. The price of a horse depends on what you want it for; of course, you can give all prices. The horse went all right when I rode behind it. It had been an army horse and was branded. Prisoner was to give me half the amount over what I paid for it. He had instructions not to sell it for less than £4 7s. 6d. It was not put in my stable the night after he took it away. I do not think prisoner has any stable. I know he used a shed somewhere, but it was not fit for a horse to be put in. On the second morning I went with him to see some horses, but I thought nothing of them; I was disgusted with them. I noticed no sign of lameness in the £4 7s. 6d. horse. I remember a black cob that I had from prisoner in exchange for £7 and a lame horse. As near as I can tell that was about 15 months ago. Another transaction I had was when I swopped a horse which fell down a drain for a cob and £3. There was another deal in which two brokenwinded animals figured. When prisoner comes to me I sometimes give him money and these transactions were simply to help him. I have never lent prisoner money; I have given it. I do not Know Mrs. Warwick, prisoner's sister. Has mother came to me after he was up at Stratford and asked me to take the money for the horse at so much a week. I said that I would rather sacrifice the money than take it; she is a cripple. It was something like three weeks after he took the horse away when I communicated with the police. The horse was then found at Southend. The only thing I have heard about the horse was when prisoner was at the West Ham Police Court and said that he exchanged it for a donkey.
Re-examined. When I get rid of a horse it is because it is no use to me.
JAMES PRATTON , 5, Prince of Wales's Road, Custom House, labourer. On June 24 I sold a chestnut cob mare, to Mr. Ashton. Prisoner was present. I got £4 7s. 6d. for it. Mr. Ashton paid me and I gave him a receipt (produced). The horse was not lame.
Cross-examined. I had never seen prisoner before. He came to me and said, "Is that your horse in the field?" I said, "Yes," to which he rejoined, "I know a gentleman that will buy it." I then drove him to the top of the street, and prisoner went to the gentleman
(Mr. Ashton), who came back to the field. He said the horse was no good to him. I do not know why he bought it. The horse was mine. It was an army cast, which I bought at the Elephant and Castle on June 1, for £4 5s., but it was no use for my purpose.
Detective-sergeant GEORGE READ, K Division. At 11.20 a.m. On August 19, I saw prisoner detained at Southend Police Station. I told him that I held a warrant for his arrest for stealing a horse belonging to Mr. Ashton. He said, "I didn't steal it; I bought the horse off a man at Custom House—he works in the dock—for £4 7s. 6d., and I borrowed some money off Ashton to pay for it. I was to sell the horse and cut the profits up." I took him to Canning Town Police Station, where he was charged. He said, "What I was supposed to steal I bought and paid for. I swopped the horse for a donkey to a man at Brentwood; I do not know his name." Before the magistrate prisoner said, "I am not guilty of stealing the horse. It was given to me to sell; it dropped very lame; I exchanged it for a donkey. I sold the donkey for £l, and to earn some of the losses I went to Southend, where I have been buying fruit from the Salvation Army Colony and selling it down on the pier. I have no witnesses.
Cross-examined. The date should be the 16th, when I saw the prisoner at Southend. I did not see the horse; it has not been recovered.
FREDERICK RICHARDS (prisoner, on oath). I have had many dealings with Mr. Ashton with regard to horses. When I lived next door to him for a few weeks I bought a black horse for £12, which I exchanged with him for a lame horse and £7. That was the first deal I had with him. After that he was offered £20 for the horse, and I lost £2 over the deal because my horse was so lame. On the day before the present transaction I met Mr. Ashton, and he said, "If you can buy anything cheap, I will let you have the money to pay for it, on condition you give me half what you earn." I heard this horse was for sale and went and looked at it. The man asked me £5 for it and I offered £4. I then bought it for £4 7s. 6d. The horse was not so lame, but if I drove it it got worse. How I got to know it was Pratton's horse was that I was walking along and met him, so I said, "Do you know the man that belongs to the chestnut cob there?" He said, "It belongs to a friend of mine, but I can sell it as well as he." When I had agreed the price I told him to come along with me and I would get the money. Then three of us went to Mr. Ashton's. They waited while I went to see him, and he told me to wait while he had his breakfast. Then he came and had a look at the horse and it was his money that paid for it. I was to sell it and when I had done so was to give him half the profits. I took the horse to my stable and had four shoes put on it. My stable
was next to Mr. Ashton's—it is where I lodge, at Mrs. Pope's, which I have done for 18 months. It was in that stable for three nights. I could not sell it to the man I went to because it was lame. The next day I went to Poplar to try and sell it to another man. I had the cob in the shafts and took Mr. Ashton with me. We looked at two other horses. Mr. Ashton said that if I could buy some horses he had a man in France he could get a good price from for Bovril. He said these were too bare; he wanted them with plenty of meat on them. He then went away and I went home with the horse. On the Saturday I worked the horse; Mrs. Pope was with me. The horse fell so lame that I took it out of harness on the Sunday, and when I got as far at Warley barracks a sergeant stopped me and told me the horse was too lame for travelling. I said I would turn it into the first field, but the first place I came to was a lane, where I turned the horse out. When I took the halter off the beast fell down and I had a job to get it up. I did not want to get into trouble over it, so I exchanged It to a chap who had "a turn out"—a field to turn it into. I exchanged it for a donkey, trap and harness. Of course, I had some money. I am a costermonger and sell fruit in the summer. I went to Southend and was working with fruit. The detective took the receipts showing I was buying off the Salvation Army. I was willing to give the £4 7s. 6d. out of my pocket, but when I was away Mr. Ashton took out a warrant and charged me with steeling.
Cross-examined. The sergeant that I met was short and stout. The reciept from Mr. Pratton was not given in my presence; it wet about four days after Mr. Pratton sold it that I disposed of it. I did not tell Ashton at once, because I am a costermonger and knew I could earn money at Southend. Where I sold the horse, at Brentwood, is about ten or twelve miles from Ashton's piece. Southend is a good way from there. I thought it was my place to earn the money to pay Ashton back and I worked hard seven days a week to pay it back. I hold with you that it would have been better if I had written and told Ashton I was stranded. I should say the receipt has been written out since the horse was sold. (To the Judge). I had never before seen the man I sold the horse to; he told me he worked for a farmer. I could find my way to the place again. The donkey and cart was in the field I took the horse to. I did not think it necessary to give information to the police about this so that they could make inquiries. I sold the donkey to a man at Ilford the next day, also the cart and harness. I think I made £3 10s. Of the lot. They call the man "Fishy," but I don't know his other name. I may have been a bit✗ confused when I made my statement, as I did not mention the cart and harness. I did not drive to Southend with them.
Ada Warwick and Charlotte Pope were called, but did not appear.
Verdict, Not guilty. Prisoner said that he was willing to give prosecutor the money he had lost.
BEFORE THE COMMON SERJEANT.
(Wednesday, September 16.)
Thomas Walter WOOD, (30, traveller); MANN otherwise French, Sidney Herbert (24, merchant),; MCCORMACK, otherwise Mack, James (36, merchant); and LYONS otherwise Fosse, Isaiah ; all conspiring and agreeing together to defraud Campbell and Phillips, Limited, of their goods, and obtaining by false pretences from Campbell and Phillips, Limited, 2, 050 bales of fodder, with intent to defraud; Wood and Mann, obtaining by false pretences from Campbell and Phillips, Limited, 600 bales of fodder, with intent to defraud; Wood and McCormack, obtaining by false pretences from Campbell and Phillips, Limited, 1, 000 bales of fodder, with intent to defraud; Wood and, Lyons obtaining by false pretences from Campbell and Phillips, Limited, 450 bales of fodder, with intent to defraud; Mann, in incurring a certain debt and liability, did obtain credit of and from Campbell and Phillips, Limited, to the amount of £145 2s. 4d. by means of fraud; McCormack, in incurring a certain debt and lia bility, did obtain credit of and from Campbell and Phillips, Limited, to the amount of £244 2s. 4d. by means of fraud; Lyons, in incurring a certain debt and liability, did obtain credit of and from Campbell and Phillips, Limited, to the amount of £109 15s. 10d. by means of fraud; Wood, unlawfully abetting, counselling, and procuring the said Sidney Herbert Mann, James McCormack, and Isaiah Lyons in incurring certain debts and liabilities whereby they did obtain credit of and from Campbell and Phillips. Limited, by means of fraud.
Mr. Muir, Mr. Leycester, and Mr. Stanley Crawford prosecuted; Mr. Daniel Warde and Mr. White defended Lyons.
Wood, Mann, and McCormack were first tried, for obtaining, etc., 1, 000 bales.
CHARLES SKINNER WILSON , director of Campbell and Phillips, Limited, corn and forage merchants, 48, Mark Lane. We are sole agents in England for the sale of South African compressed fodder, which is landed at Bond's Wharf, Bermondsey, to our order in bales of 100 lb. each, delivery orders being given to purchasers. In May, 1908, I advertised for a salesman and traveller, and on June 2 Wood called on me. I gave him the terms of engagement—£2 a week salary, £1 a week travelling allowance, and 1 per cent. commission on sales over 300 tons a month, on which terms he was ultimately engaged. I instructed him that all payments were to be made by cheques to the firm. He said his prospects of doing business were exceedingly good and gave me a list of firms he proposed to sell to. He referred me to White and Co. and the Trafalgar Granaries. I received a satisfactory reference from White and Co. and a telephonic message from the Trafalgar Granaries stating that they could give me no information. On June 13 we entered into agreement produced. On June 17 prisoner telephoned me and stated that he had obtained an order for 450 bales from French, who was a cab proprietor, of 43, St. Mary's Road, Plaistow, and that that quantity
would last French about a month; that would mean about 40 to 60 horses. Wood afterwards informed me that French wanted 600 bales, which he had sold at £5 10s. per ton. I forwarded contract form to French and received portion of same (produced), duly signed on June 20. I also had sale note produced from Wood, and I then forwarded invoice to French. I received a letter headed "George French, cab owner and forage merchant. Horses let on hire for any period, 23, St. Mary's Road, Plaistow. Established 1903," returning the invoice for correction, stating that 500 lb. should be deducted for sacking, and that if the order was not completed by Monday, 22nd inst., payment was not due till July 22. I then sent amended invoice (which was not then receipted as it now appears) for 600 bales, 25 tons 15 cwt. 2 qr. 24 lb. worked out at £145 2s. 4d. That is now receipted, "By cash, July 22, 1908, £145 2s. 4d.—E. Wood, for South African Forage Company," in Wood's writing. I issued delivery order upon the wharf for those 600 bales on June 17, after the contract was signed, and received sale note dated June 18. On July 3 Wood called at my office and handed me sale note for 40 tons South African fodder at £5 10s. To James Mack, of 527, Leytonstone Road. He informed me that Mack was a cattle dealer in a large way of business, that he would pay cash under discount, if requested, three days after delivery, and that 40 tons would be about a month's supply to Mack; that would mean for about 80 horses. About the same time I got an order for a man named Fosse (Lyons). On July 10 I gave Wood delivery order for 1, 000 bales for Mack. He said that our carter could not deliver them, and suggested Dearson should cart them, to which I agreed. I sent contract form to Mack, and received same back duly signed. I forwarded invoice for £244 2s. 4d. On July 21 Wood telephoned me that he was going with French (Mann) to the bank, and that I should get his cheque on the Saturday. I told Wood I wanted to see him at the office, and would wait till six p.m. I waited till 7.30 and he never came. No cheque has been received and Wood has not returned to the office since. On July 25 I started inquiries, failed to find Wood at his address, inquired at Fosse's address, 562A, Barking Road, found the place shut up, no one there, and that it was a small shed at the back of another building; visited Mack's address, 527, Leytonstone Road, found it consisted of a small three-stall stable, shut up, no omnibuses or cattle there, and the place quite incapable of accommodating the business described. French's place, 23, St. Mary's Road, was of a similar character.
To Wood. The South African fodder had been on the London market since March, 1908. You advised me to give a few sample bales to country people to try. You did not report that the customers said it was no good; you said that lucerne would improve it; you said that some customers did not care for it. You did not tell me that French was selling it under price in sample lots—you said you were sending customers to French, who was selling it without a profit. It was not your business to see the goods delivered—you telephoned and wrote me that you had been present at the delivery. On three occasions I told you to arrange about the cartage. Dearson bought through
you and paid for 50 bales, and has since ordered 650 bales, for which payment is due this month.
To McCormack. I did not communicate with "Mack" until after the order was received.
Re-examined.. On June 30 Wood wrote. "Up to the present I have been unsuccessful in getting Mr. Mack's order... I am hearing some good reports concerning this fodder from many sources, and certainly think it is going to be a great success, especially if we can get a fair percentage of lucerne in it."
TOM BUTCHER , clerk to Dore and Son, estate agents, Plaistow. On June 12 Mann called on me to rent workshop and loft at 43, St. Mary's Road, Plaistow, giving the name of "George French." On June 16 he took the premises at 4s. 6d. a week and paid 2s. deposit. Rent has been paid to July 27. We have been agents for the premises for six years; no cabowner's business has been carried on there; there is no stable accommodation for such business.
LAWRENCE HAYNES , of Tufnell and Co., cycle makers, 527, Leytonstone Road. On June 27 McCormack, in the name of "James Mack," rented stable and loft at the back of my premises. On June 24 the premises were vacant and in our possession—no cattle business was being carried on. A week or two after June 27 a large number of bales were delivered there; a few days afterwards a number of carts took them away. Other men, whom I do not recognise, were there besides McCormack. The premises were abandoned without notice in about a fortnight—no rent was paid—no bales of fodder were left.
Cross-examined. McCormack was one of three men who came to take the premises—he came into my office and asked if the place was to let. I may have gone out into the road and seen French, and he may have guaranteed the rent for three months—it was a cleanshaven man whom I saw.
HENRY LUDLOW , labourer, Plaistow. In July Wood saw me in Chesterton Road, Plaistow, asked if I wanted a job, and sent me to 43, St. Mary's Road. I was employed there about four weeks. It was a small place with a loft. South African fodder was delivered there and afterwards taken away and sold. There was no name on the premises or notice that there was a business carried on. I saw the three prisoners there, whom I knew as "Wood," "French," and "Mack," and a man named "Fosse." No other business except the receipt and delivery of bales of fodder was done. I received 6s. a week wages from French. I was also employed at a stable and loft in Leytonstone Road behind Tufnell's cycle works. South African fodder was delivered there and sent away and sold. I did not see anyone come to buy. That was "Mack's" place. I saw Mack and Fosse there. My work there was included in the 6s. a week I received from French. On Thursday before August Bank Holiday French told me I should not be wanted again until after the holidays. On that day all the goods had been cleared out both at Leytonstone Road and 43, St. Mary's Road.
Cross-examined. Wood did not say it was his job. There was no board up at 43, St. Mary's Road—there were two printed bills stuck
up, one about straw and the other about chaff. There was a card on the door saying where letters were to be left. I saw McCormack at St. Mary's Road talking to French—he stayed about half an hour at a time; he went inside; French opened the door; the fodder was there then.
Re-examined.. Jim Watson, a labourer, was employed with me at 43, St. Mary's Road. There were no clerks; Watson and I were the only persons employed at Leytonstone Road.
JAMES WATSON , turner's labourer, Plaistow. I was employed with Ludlow at 43, St. Mary's Road, I believe by French, for a day or two unloading fodder, and a week or so later to load up fodder. I believe I was there on more than two days. I saw French there. Wood was there talking to French while we waited for the vans to come in. French paid me 4s. for the first work and 6s. On the later occasion. I also worked with Ludlow at a stable with a loft over in Leytonstone Road, near a cycle works, unloading and loading bales of fodder. I signed receipt produced for a load of fodder delivered in Mansfield's van—I signed three or four receipts at Leytonstone Road—I saw Mack sign a receipt there. I finished up at St. Mary's Road four or five days before the August Bank Holiday. Nothing was then on the premises at either St. Mary's Road or Leytonstone Road. Ludlow informed me that I should not be wanted until after the holidays.
OSWALD HERBERT BOND , superintendent, Bond's Wharf, Bermondsey. South African compressed fodder is landed at my wharf to the order of Campbell and Phillips, Limited. On June 19, 1908, I received delivery order produced, and delivered 600 bales to Mansfield's carts on June 19, 20, and 22. On July 10 I received another delivery order, and delivered between July 11 and 15 1, 000 bales to Mansfield's carts.
WALTER TOWELL, FRANK SHERRY, WILLIAM MARA, WALTER BYE, WILLIAM WITHAM, GEORGE PARRITT, FREDERICK JONES, JAMES BOND, WILLIAM JACOBS, GEORGE JOHN READ, and WILLIAM LEACH, all carmen to Thomas Mansfield, cartage contractor, Romford Road, proved delivery of loads of fodder from Bond's Wharf to 43, St. Mary's Road, and 627, Leytonstone Road, to Mann and McCormack, who signed for the bales in the names of "French" and "Mack." Wood was stated to have been at both places looking on. GEORGE NICHOLLS and GEORGE NAYLOR, carmen in the service of W. Laber, gave similar evidence.
ARTHUR CHAMBERS , 600, Mile End Road, corn and forage merchant. I have known Wood for two or three years. On Jane 29, 1908, he called upon me with French (Mann), showed samples of South African fodder, and introduced Mann to me by the name of "French." Wood said he was travelling for the agents of the South African fodder, that he had sold French 25 tons, and was taking French round to introduce him to a few good customers who would pay cash for it. He said there was 100 tons altogether to dispose of; it was being sent across for the Government; it was coming forward too quickly so that they would not accept delivery, and he had got
the selling of it. Wood asked the price of £3 10s. a ton. I said it was not worth more than £3, as it was straw chaff. I mentioned what a dislike the London trade had to straw chaff; if it was hay, clover, or sanfoin it would be worth more money. He agreed to take £3 a ton for it. I ordered four tons as a sample at £3, and agreed to pay cash on delivery or the morning after. French was standing by during this conversation, but took no part in it. I understood the goods belonged to French. On June 30 I had delivery of 92 bales—4 tons 2 cwt. 16 lb.—delivered in two vans. Delivery note produced was handed to me with the first van: it is a memorandum form headed, "George French and Co., cab owners and forage merchants, 43, St. Mary's Road. Please receive 46 bales South African mixture," etc. "E. Wood" is written on it—I do not remember if that was there when I got it. The following morning, July 1, Wood and French called with invoice produced for £12 6s. 4d. I handed the money to French, who put it in his pocket. The invoice is on the same heading, "G. French, cab owner," etc., and is receipted "Paid H.M.G.F." On Saturday, July 11, I bought 300 bales. Wood and French called. Wood asked me if I could do with any more of the fodder; he said it was coming along so quickly they must clear it; their warehouses were filled, and would not hold another bale. I cannot remember whose warehouse he said it was—I took it to be French's warehouse in Plaistow from which they were delivering. I told them it was coming along a little too fast for me, faster than I could dispose of it. Wood said he would feel pleased if I could take it. I agreed to take 300 bales at £3 a ton. It was delivered on Monday, July 13, by vans of George Dearson, Church Road, Plaistow. Wood and French brought the bill produced, with a similar heading, for £40 3s., which I paid to French, and he receipted it, "Paid G. French, 13.7.08." On Thursday, July 16, Wood and French came again, sold me a further 350 bales, which were delivered on 16th and 17th. Delivery note produced is for the first 100 bales on similar memo. form: "Please receive 100 bales," etc., "and oblige G. French." Receipted invoice produced for £46 17s. 6d. was paid by me. On July 21 another 100 bales were forwarded, which I had not ordered, in two van loads of 50 bales each. I did not know what to do with them—I had not ordered them, and did not want them, but I did not want to return them as there was the lost journey to Plaistow, so I accepted delivery. No bargain had been made, but I paid the same price, £3 a ton. The following morning Wood came with bill in pencil produced, headed, "43, St. Mary's Road," and receipted by" E. Wood for G. French, "in Wood's writing. I paid him for them. He said I should have a proper receipt forwarded. I believe that 100 bales came in Watkins's vans. I have bought altogether 1, 150 bales and sold 550 bales at from 85s. To 95s. a ton. Wood and French came to my office. I have been with them to the "Plough" public-house close by. On one occasion I saw Mack (McCormack) there.
Cross-examined. Wood said he was travelling for the wholesale house and that he had sold French 25 tons. It did not strike me as
funny that he should come with French—he told me there mere 100 tons, but these 25 tons must be paid for before they could handle the remainder. I bought it at what I thought the value. He said someone considered it worth £5 10s.—I said it could not have been. Wood may have said French had bought it, found he could not sell it at the price he paid for it, and had got to sell it at what it would fetch. He said it had come across for the Government, it was arriving too quickly, they would not accept delivery, and there were 100 tons for disposal; he may have said also that they were using it for the manceuvres and at Aldershot.
To the Judge. I am sure he said it was coming on too quickly for the Government.
To Wood. I did not dream that. I did not want to bargain with you for the 75 tons if it came from French at a price I considered fair. He did not tell me Mack end Lyons had got some to sell—I did not say, "Cannot it be arranged to that I buy it all of French." I never knew Mack or Lyons had anything to do with it at all—I only knew you and French. I saw Mack and Lyons, but there was nothing said before them about the fodder. I never heard anybody mentioned but those two (Wood and French) as having any to sell. I thought French was handling the other 75 tons that was coming along.
To Mann. You had no conversation with me with regard to the business; you heard what Wood was saying; you were in the shop with Wood; you were outside when Wood first showed me the sample; then you came in and Wood introduced him to me. You took the money pretty well always, picked it up and signed the receipt.
To McCormack. You had no conversation with me; I did not know that you had anything to do with the stuff at all; there was no mention of "Mack" or Lyons having any stuff to sell.
(Thursday, September 17.)
GEORGE DEARSON , Church Street, Plaistow, carman and contractor. At the latter end of June Wood called upon me to see if I had received two bales of South African fodder which his firm, Campbell, Phillips, and Co., were sending me as a sample. I said I had not received them. He told me the firm were sending out samples to horsekeepers to try and sell the stuff. On July 2 he called again and I told him I had received the two bales. On July 9 he called and asked me if I could cart some fodder for Campbell and Phillips from the wharf, which I agreed to do at 2s. 6d. a ton. On July 5 or 6 Wood called with French (Mann) whom he introduced to me. French said he had opened a place in St. Mary's Road, and there would be a lot of carting for him at the same price as I was doing it for Campbell and Phillips. On July 6 I carted 150 bales from St. Mary's Road by my carman Pantling—I could not say whether this was from St. Mary's Road or Leytonstone Road. On July 9 Wood and French again called and ordered me to send five vans to Bond's Wharf, which I did on the 10th and 11th. I received delivery order produced from Wood. Two of Watkins's vans were sent. On the 13th I sent vans to
Leytonstone Road in charge of my son and other carmen. Wood instructed me on the telephone. On the 16th or 17th Wood again telephoned me to send vans to Leytonstone Road. Watkins's men and my carmen, Jeffreys and Pantling, went. On July 20 I sent carts to take fodder from St. Mary's Road and Leytonstone Road. Wood and French came to my office and ordered me to do that on the afternoon of the 19th. Watkins did it for me. About a week before July 13 I bought a ton of fodder from Wood which I fetched from St. Mary's Road, for which I paid French £4 10s. He receipted and handed me bill produced: "43, St. Mary's Road, July 11, 1908. George French and Co., carmen and fodder importers; 22 bales South African fodder, £5 17s. 6d. Paid G. French 13, 7, 1908." I am not sure if French was present when I made the bargain, but I know I paid him in cash. I afterwards bought two tons from Phillips and Campbell through Wood. I had agreed to buy the one ton at £4 10s. I paid that amount at my office, and afterwards had the receipt made out at £5 17s. 6d.
Cross-examined. When I started feeding the horses on this fodder it had no effect on them at all, only made them weaker. I do not consider it proper fodder for working horses. It is not worth nearly £5 17s. 6d. a ton. French never had any conversation with me about the fodder. The receipt was made out for £5 17s. 6d. because I told Mr. Everitt, a corn merchant, that I bought it at £4 10s.; I believe he went to Campbell's to try and buy some, thinking he could buy it cheaper. The account was made out at £5 17s. 6d., so that if my merchant came again I could show him the bill and tell him that was the price of it. Wood told me to do that.
Re-examined.. After I had tried the fodder I bought some from Campbell, Phillips, and Co., at £5 10s. I had only then used the two sample bales.
GEORGE C.R. DEARSON , son of and carman to the last witness. On July 13 I went with two other carmen to 527, Leytonstone Road and saw Wood. We took three loads, 150 bales, of fodder to Chambers, 600, Mile End Road. We then returned to Leytonstone Road, and took another 150 bales to Chambers.
GEORGE BAILEY , carman to Watkins. About July 20 I, with another carman, took 100 bales of fodder from Leytonstone Road to Chambers, Mile End Road. I saw at Leytonstone Road the two boys, Watson and Ludlow.
Detective-sergeant CHARLES LEE, K Division. I was entrusted with warrants dated July 28, 1908, for the arrest of the three prisoners. On August 1, at six p.m., I found Wood detained at Stratford Police
Station, read the warrant to him, which states that he "Being entrusted with 600 bales of South African fodder, value £145 2s. 4d., the property of Campbell, Phillips and Co., in order that he might deliver the same to a certain person, did fraudulently convert the same to his own use and benefit." He said, "I do not know where the fraudulent conversion comes in; it may be conspiracy; I admit I had them, but the amount on there" (pointing to the warrant) "is wrong." I took him to Limehouse Station, where he was charged and made no reply. He had a Gladstone bag with him, from which he handed me receipt produced dated "Saturday, 18-7-1908. Monday, 13th, £20; Friday, 17th, £10; Saturday, 18th, £10; total, £40. From E. Wood, 7, Brinsfield Road. Paid to J. Mack, 265, Odessa Road, Forest Gate, the sum of £40."There are two halfpenny stamps, and written across them," By cash £40, J. Mack. "I have seen Wood write. Letter produced to Sergeant Brown from Brixton Prison is in his writing: "I would like to see you as soon as yon can conveniently come down. Would give you valuable information relative to my case.—Yours, E. Wood. August 4." On August 8 I saw Wood at Brixton Prison with Sergeant Brown, and he made a long statement (same read). On August 3 I saw Mann at Liverpool Street Station. I said, "I am a police officer—is your name Sidney Herbert Mann?" He said, "Yes." I said, "I have a warrant for your arrest for conspiring with Thomas Walter Wood in obtaining 600 bales South African fodder value £145 2s. 4d."" He said, "Yes, that is quite right. I heard someone was after me—I am in it and I must put up with it." I conveyed him to Limehouse Police Station and read the warrant to him, to which he said, "That is quite right"; he was charged and made no reply. On the way to the station he took from his inside jacket pocket receipted invoice dated July 25, 1908, to "George French, Esq., 43, St. Mary's Road, Plaistow, 600 bales of South African fodder of 100 lb. each—26 tons 15 cwt. 2 qr. 24 lb., at £5 10s. a ton—£147 5s. Less 11/2 per cent. Tare, £2 4s. 2d.; prompt July 22, 1908, £145 2s. 4d. E. and O. E. contract, dated June 17, 1908." Then there is a rubber stamp, "South African Fodder Company, Limited, Campbell, Phillips and Co., Limited, Charles Skinner Wilson, director, agents." Then "By cash, 22-7-1908, £145 2s., E. Wood, South African Fodder Company." On searching him I found portion of receipt produced. He gave his name and address as Sidney Herbert Mann, 15, Chesterton Road. I went there and found a quantity of billheads and memorandums in the name of George French in the prisoner's portmanteau, headed, "George French, cab owner and forage merchant. Horses hired for any period. 43, St. Mary's Road, Plaistow, E. Established 1903." On August 11 I received a warrant for the arrest of McCormack. On August 12, at 1.30 p.m., I found him at Gravesend Police Station, and read the warrant to him, which charges conspiracy with Wood and Mann, and obtaining by false pretences a number of bales of South African fodder with intent to defraud. He made no reply. In the train from Gravesend to Plaistow he said, "I had heard you were after me. I am in it, but I have to thank my brother-in-law
Wood for it. I am pleased you have got me, it will be off my mind." I conveyed him to Plaistow, where he was charged, and made no reply. He gave the name of James McCormack, which is the name in the warrant.
Cross-examined. Before making his statement Wood said, "I will tell you as near as I can, but I cannot be sure of it all."
THOMAS WALTER WOOD (prisoner, on oath). When I first entered the service of Campbell, Phillips and Co., Limited, I told them it would be very difficult to get people to start using this fodder, as it was a new thing, and I advised them to give free samples to anyone who had a London business with a view to getting orders afterwards. They did so in several instances. None of the customers seemed to like it. I advised the firm to have lucerne cut with the oat straw to make it a heavier substance. They agreed to that. I called on several firms who would not even accept a free sample, they did not like the look of the oat straw chaff, and said it was no good to feed their horses on. I could not get any big customers to take it and wanted to try small consumers, but the firm would not sell in less than five-ton lots, so I thought it would be a good idea to get some fresh people to start in business in the fodder trade to do nothing else but handle this South African fodder. I spoke to a brother-inlaw of mine; he said he would like to take it up. I told him if it went well he ought to make from 10s. To £1 a ton on it, and that I would try to send him some small customers. I told Mr. Wilson that I had agreed to this with French, that the people who did start buying would not give any repeat orders, they complained of the effect of it on the horses, that it seemed to make them go slow and weak after it was tried. French came to the conclusion that it was not saleable, that it was worth nothing near £5 10s. a ton, and he had asked me to find him a customer for it to help him to get out of trouble, as it was no good keeping it in hand. I introduced French to Chambers, and the rest you know so far as the sale goes. I told Chambers that Mann had got 25 tons for sale; I did not say I had sold it to Mann or anything of the sort. Chambers agreed to buy it eventually at £3 a ton. I told Chambers Mann had bought it at £5 10s. a ton; he found it was not worth the money, and had to let it go for what he could get for it. Of course, I could see I had made a bad debt as far as the firm was concerned with French; I did not see that was any reason why the business should be stopped—because you make one bad debt is not to say you are going to make the next a bad debt. Mack (McCormack) had asked me two or three times to let him have a start in the business. At first I refused because he did not understand the trade. Eventually I agreed as he said he felt sure he could sell it at a profit, and pay at the end of a month when his account became due—that he could make it up eventually. I booked him an order for 1, 000 bales. I had every bona-fide intention of it being an honest transaction at the time the
goods were sold, and I maintain now that it would have been an honest transaction if there had been any value in the stuff. When people heard the price of it they simply laughed, they said they could buy the stuff at half that price. At the same time that I booked Mack's order I booked Fosse's order. Within a day or two of the delivery of Mack's goods being started he said he had given up all hopes of making a success of it, he had got downhearted over it, and he wanted his stuff to be sold the same way as French's—that was about July 13. I took him up the road with French to introduce him to Chambers, but Chambers would not be introduced to him. Chambers had an idea where the fodder was coming from, but he wanted to do all the transactions with French. That accounts for French doing the transactions for other people's fodder besides his own. Chambers wanted it done in that way so as to make one entry in his books. That accounts for French selling Mack's stuff to Chambers instead of Mack selling it. Fosse's order was booked at the same time as Mack's order; arrangements were made for him to start when we were in the public-house in the Mile End Road. Mack, French, and I were together in the "New Globe" public-house in Mile End Road when Fosse (Lyons) came in. All I can say is when I booked their orders it was with the bona-fide intention of the stuff being sold by them, and they paying for it at the end of the month when the account became due; what happened was the after effect.
Cross-examined. I have known Mack six years, he is my brotherin-law, he has been a tailor. On June 24 such work as he did was that of tailoring, as a master tailor, in his private house, 263, Odessa Road, Forest Gate; 527, Leytonstone Road, is about five minutes walk from there. He has never been a bus proprietor or cattle dealer. I wrote to Wilson, "I shall be booking two snug orders as the outcome of previous business. First J. Mack"—that is McCormack, he is always known by the name of Mack; his father always trades in the name of Mack, and I thought his name was Mack. He has been my brother-in-law five years; we married two sisters; I knew his name was McCormack long before June 24, 1908, but at the same time I always called him Mack. He is consumptive, and wanted to get out of the tailoring trade. I think I went to Romford Cattle Market with him. It was giving a false description to describe French and Mack as cattle dealers, etc.; at the same time the men were honest men, they had never been in any trouble. I put false statements into the letter to Wilson because Mack and I arranged to do that. I could not book the man as "J. Mack, tailor," wanting 1, 000 bales of fodder—I should not have got the goods; I gave that description to make the man appear to have a stand, probably in order that Wilson might part with the goods. I did not see any harm in it because I knew the man had always borne an honest character. I may have thought Wilson would not have parted with the goods if I had told the truth. I have known French about the same time as Mack, from just before I was married; he is my wife's brother; I have known him only as Sidney Herbert Mann. He had
been working for me for four or five months until three weeks before I started for Campbell, Phillips and Co. He had been doing nothing for those three weeks. He has never been a cab proprietor or forage merchant, or a foreign and colonial fodder importer as stated in billheads produced. French (Mann) had those printed in the Queen's Road, Plaistow, about a fortnight after he took 43, St. Mary's Road. In 1903 I believe Mann was in India in the army. "Established in 1903" is false. He and I agreed to the printing. I wrote to Wilson that I had an order from George French—that was Sidney Herbert Maan. The only idea I had in giving the false name to Wilson was that there is a lot of Mann's old army associates down there, and by putting the name of French up they would not know he was doing business there. I described French to Wilson as a cab proprietor and forage merchant in a large way of business, and said that he would want about 20 tons of fodder a month—he was buying the stuff to sell it. I did not say his horses would consume it, I said he would dispose of about 20 tons a month. I described him as a cab proprietor to give a name to the business—if I had called him a forage merchant Wilson would have sold the fodder to him in the same way—that was not false—every man has to start in business some time or other. It was my duty to protect my employers against bad debts, and I thought I was doing so—Mann and McCormack were not dishonest men. They had no business at the time, but as soon as they started getting the fodder in they had; they were honest men, they were not in any trouble of any kind before; I certainly had an idea they were going to start in a genuine way, and sell it at a profit. I sold to Mann 600 bales coming to £145 2s. 4d., and to Mack 1, 000 bales amounting to £244 2s. 4d., in all £389 4s. 8d. Neither of them paid anything to Campbells. I receipted the bill produced for 600 bales to French because French wanted me to sign it for him after the stuff was all disposed of. I never received the money. French asked me to sign it for him, and I signed it for him; I did not make any fuss about it; I knew I was already in the mud. I have said it was my duty to protect my employers; whether I had signed it or not would have done them no good or harm; the stuff was gone and the money was gone. French sold the goods to Chambers, received the money, and we divided it between us. Mack, through French, sold the 1, 000 bales that I got from my employers for him, and got the cash for it, which was divided between myself and Mack. Mack got £50 and I got the rest after the expenses were paid—£8 or £9 went to French for his trouble in selling it to Chambers. The result is that Mr. Wilson has been deprived of his goods and we three have divided the proceeds. What I say is when I sold the goods to the men there was every honest intention of their selling them at a profit and paying for them. Afterwards when they found there was no value in the stuff and they could not get anything like what they were being charged for it, that is where the wrong-doing started.
been in the hay trade all his life I thought what he was doing was perfectly legitimate; I thought he was getting stuff that was his own; so after a time I took this place at 43, St. 'Mary's Road, and the stuff started coming in. I tried to sell it but I could not give it away. I told Wood about it and asked if he knew anybody who would buy it. He said, "Yes," and took me up to Chambers's. The first time we went there I never went inside, but waited outside while Wood went into the shop; I met Chambers in the public-house afterwards, and was introduced to him. When Wood came out of the shop after doing the business he said Chambers wanted four tons as a sample and asked me if I could send it up. I sent it up, went up the next day and got the money. I only just passed the time of day with Chambers. At different times after that we went up to Chambers's, Wood still doing the talking and the business; sometimes I went inside, sometimes I waited outside, but I always signed the bills. After my stuff had gone Wood started selling. Mack's, and he asked me to sign the bills. I asked if it was all right; he said, "Yes, it is all right; it is going to be paid for; you can sign it all right." So I, knowing no better, signed the receipts. Wood also said, after two or three days, he knew it was going to be a fraud. Why did not he stop us?—he kept telling us it was all right. I want to ask Wood a question about it.
Cross-examined. The billhead was made out by Wood—I took it round and had it printed—he put on what 'he liked—I agree what is on there is false—I used them—I should not have used any at all if it had been left to me—it was not to deceive Mr. Wilson—I only sent one up as a letter after I had the goods. I 'knew afterwards Wood was ordering goods from Wilson for me as George French, cab proprietor—I did not know at the time, but afterwards we had to have the billheads printed to correspond. I got the goods, owed Campbell, Phillips, and Co. the money for them, sold them, and I and Wood had the proceeds between us. Wood was entitled to commission for selling them for me—he had half—50 per cent, commission. (To the Judge.) That is all the account I want to give about selling the goods which were ordered in my name—the 600 bales. (To Mr. Muir.) I had nothing to do with the 1, 000 bales ordered in the name of Mack, only just to sign the receipts for the money. I saw the money paid to him—I got about half a sovereign off each of them for signing each time I signed.
JAMES MCCORMACK (prisoner, on oath). I was introduced into this business through Wood coming to my house on several occasions and asking me to take a place for him as he could not find customers sufficient to sell the stuff to enable him to keep his employment. As regards Wood representing me as a cab owner or a 'bus proprietor and cattle dealer, I know nothing about it. I want to prove what I am saying by questioning Wood and French. The statement that Wood has made against me is absolutely false. Of course, it has been proved that Mr. Chambers knew nothing about my having any stuff for sale, also that I have not attempted to sell the stuff to anyone. I have not tried to sell any stuff. Wood promised if I took a
place in Leytonstone Road he would advance me sufficient money to enable me to start in business. We all three went to Leytonstone Road. I went in to ask if the place was to let. Mr. Adams came outside. Wood went over the premises and made the agreement and all the arrangements; he called French over from the other side of the road and asked if he would stand for three months' rent. Adams took us both into the office. I signed the agreement for three years and French signed for the three months. I asked Wood why he had taken the place on a three years' agreement. He said that he had got it at 5s. a week instead of 6s. a week. As to document, "I beg to acknowledge receipt of your contract, dated July 20, 1908, for 43 tons S.A. fodder, which I confirm.—J. Mack. To Campbell and Phillips"—that piece of paper was pulled out of Wood's pocket while we were having a drink in the "Castle" in the Barking Road and he asked me to sign it. I took it as an order form, not a contract note at all; I did not know it was a contract for goods. I signed it. I am known as "J. Mack" more than as "McCormack." On June 27, when I took the place in Leytonstone Road, Wood informed me that he was waiting for the place so that he could put this stuff in it, which he had already ordered for himself unknown to me in the name of "J. Mack." I made no arrangement that I should be represented as a cattle dealer. Wood took all four of us to Romford, including Lyons—what his motive was I do not know. I had £42 or £43 of the money—that was what Wood arranged to let me have to start in business with and I took it for that.
Cross-examined. I took the premises entirely for Wood. I was to have nothing to do with them. I signed the agreement in the name of James Mack because that was the name Wood told me I should use. It was his idea. I have known Mann as Sidney Herbert Mann for 15 or 16 years. I read the agreement which he signed in a false name. Wood told me he was trading in that name. I had taken a shop to do tailoring work about 10 minutes' walk from Leytonstone Road. I did no work there; I was working at home, 263, Odessa Road. I went to the premises at Wood's request to sign for the goods as they came in. He said it did not matter much whether I was there or Who signed for them. I signed for 80 bales on July 11. It is not true I was there when Watson signed, because I signed all the papers, as far as I remember, when I was there. I signed receipt produced for 50 bales while Wood was looking on—he was there all the time. I signed for two 50's on July 11; 50 on July 13 on receipt produced addressed to Mr. Mack; I signed three delivery notes referring to 150 bales; the note is addressed to "Mack, Leytonstone Road." I never saw the invoice for 1, 000 bales, £244 2s. 4d., produced. I signed for 500 bales in all out of the 1, 000. I do not know what became of the stuff; I knew that it was going away. I did not know what price Wood was getting for it. I met Lazoneck in a public-house with Wood, Mann, and Lyons. Wood took Lazoneck out and returned; I heard nothing of any business done; no documents passed; I think I have met Lazoneck twice in the same public-house. I saw Chambers once in the "Plough." I
went there because Wood asked me to go for a ran with him. It is about three miles from my home. We rode there by train. Wood went out and returned with Chambers, but I did not speak to him nor was I introduced to him. Lyons and, I think, French was there. I cannot say if we went to see if the stuff was sold. I got no money in the public-house. I had the money mentioned on receipt produced—£40 in all; it may not have been handed to me on the dates mentioned. I had some in the "Castle" public-house in Barking Road. When I signed that receipt I had had about £35. When Wood handed me any money he used to ask me to give French half a sovereign; I took it that was because I was not at the yard; I did not know anything about the selling of the goods. The money was not given to me on account of the sale of any fodder. I think I gave French 10s. twice. If French was not there and Wood handed me any money he would ask me to give him some back for French. I take it that Wood gave it to French for being in the Leytonstone Road. Wood did not explain why he wanted me to give it back to French; of course, if he had asked mo for a £5 note out of it he would have had it.
THOMAS WALTER WOOD , recalled. (To McCormack.) I never said I could not find sufficient customers to sell the stuff to; I said I could not find sufficient wholesale customers or large consumers, and that I wanted to get some fresh people to start handling the stuff so as to send it out in small quantities such as my firm would set sell at. After certain events had happened I asked you on several occasions to go with me to get the premises at Leytonstone Road. The day we went there French was with us, and the waited outside for you to get the place. I may have told you if the place was to let it would suit you all right. You went in to see Adams and came out with him. I said to Adams, "This man has not been in this business before, and, by the look of it, I should think it would suit him." Between us we made the arrangements; Adams wanted me to sign. I said "No," and asked French to do so. I went in with Adams to fill up the agreement and then called to French and asked if he would sign for three months. He said, "Yes," and we all adjourned to Adams's office and signed the agreement. You made the arrangement. Wilson gave me the full contract notes. I filled the whole of the form out, gave it to you to sign, which you did; I then tore the bottoms part off, gave it to you and kept the top part for Mr. Wilson. French was present when it was done. You agreed to my representing you as a cattle dealer and 'bus owner. You asked me to let you have the stuff several times. You read the contract note before he signed it; the stuff was not supposed to be ordered in your name before you knew anything about it; you had the sale note. I take it the invoice was posted to you from the office; I have never seen it.
To Mann. When I told you that I had made up my mind for Mack to have something in it you said it was a silly idea. I said one man makes a failure of a thing and another makes a success of it. You and I were together when the billhead was drawn. I told you that Chambers would not buy of anybody else and therefore he would
have to conduct the sale of your stuff and Fosse's—that it was the only way to get rid of it.
Verdict (all), Guilty.
Wood, Mann, and Lyons were then tried for obtaining, etc., 450 bales of the value of £109 15s. 10 d.
Wood said he would like to plead guilty to the charge.
Mr. White submitted that this case should be tried by a fresh jury. The Common Serjeant directed the same jury to be sworn.
CHARLES SKINNER WILSON , director, Campbell and Phillips, Limited, 48, Mark Lane, corn and forage merchants, agents for South African compressed fodder. On June 13, 1908, I engaged Wood as traveller. The first order he procured was one for 600 bales for George French, which were supplied but not paid for. They were sent to 43, St. Mary's Road, Plaistow. On June 25 I received a letter from Wood from Romford Market stating that he expected to procure two snug orders, one from James Mack and second from Herbert Fosse, pantechnicon owner and carriage contractor, of East Ham, the former for 1, 000 bales, the latter about 600 bales, and stating that both wanted to see how Mr. French's horses fed on the fodder. On July 3 Wood handed me contract note, "Sold to Mr. Herbert Fosse, 562a, Barking Road, Plaistow, 450 bales South African fodder, about 20 tons delivered at £5 10s." Wood informed me that Fosse was a pantechnicon owner having a good business, and that he had put an inquiry as to Fosse's standing through Perry's in the usual course. Contract note produced was forwarded me the next day by post from Wood. On July 10 I sent contract note to Fosse and made out delivery note on Bond's Wharf for 450 bales, which I handed to Wood, and told him to arrange for the carting. On July 13 I received portion of contract note signed by Herbert Fosse. I afterwards sent him invoice for the goods, amounting to £109 15s. 10d. On July 22 a cheque was due for the first lot of goods sold through Wood. I had a conversation with him about it, and after that he never returned to the office. On July 22 I went to 562a, Barking Road. It consisted of a couple of rooms with no one in occupation, no pantechnicons or carte, and no business being carried on.
Cross-examined. I made no further inquiry about Fosse beyond that through Perry's. I had known Wood since June 2. I took the order from him after being satisfied with his references. I had only one contract form signed by Fosse. There is nothing on the other two documents to show they came into Fosse's possession; they are in Wood's writing. I did not look in the directory for Fosse's address. I never saw Fosse.
JOHN VALENTINE COLLINS , clerk to McDowell, auctioneer, plaistow. On July 6 Lyons called at my office and took two rooms over a workshop and stable at 562a, Barking Road, in the name of Herbert Fosse, at 5s. a week. He said he wanted them for storing forage. He sent a deposit on. I never saw him afterwards.
Cross-examined. I declined to swear Fosse was the man at the police court because he had his hat on when he called at my place. I have since seen him with a hat on and am sure he is the man. I
said at the police court, "I will not swear that the prisoner Fosse is the man."
CALEB ST. QUINTIN COLLINS , clerk to McDowell, auctioneer, Plaistow. On July 10 a man, calling himself Fosse, called at my office and paid 5s. for the first week's rent of two rooms at 562A Barking Road. I am not prepared to swear to him. No further rent was paid. The premises were occupied for about 10 days; I saw canvas covered bales through the windows.
Cross-examined. I do not know if the premises were occupied on July 27. I had not been there before July 27, but have been there several times since. I received information that they were vacated after July 27; they may have been occupied on July 27.
HENRY WILLIAM HUTT , 564, Barking Road, fishmonger. The premises, 562A, Barking Road, are at the rear of my shop. I have seen Lyons once or twice at 562A; I do not know him by name; they were unloading bales of stuff. I cannot say if bales were being unloaded when Fosse was not there. I have seen bales loaded up for removal while Fosse was there; one of the vans taking away had the name of Trafalgar Granaries on it.
Cross-examined. At the police court I said I had seen Mack and Fosse there. That is not correct; I have looked at Mack a second tine, and I would not swear to him. I said I thought Fosse had a moustache at the time. Mack has got a moustache. Now I come to think I do not think the man I saw had a moustache. Fosse and Mack are not similar. Wood may have been there, but I cannot recognise him.
Re-examined. I have not made a mistake between Wood and Lyons.
HENRY LUDLOW , labourer, Plaistow. In July last Wood employed me to work at 43, St. Mary's Road, Plaistow. I saw Wood and French there. Wood had premises in Leytonstone Road, where I have also worked. I have seen all three prisoners there; I knew Lyons by the name of Fosse. I also worked at 562A, Barking Road, for Wood; I have seen all three prisoners there. I have worked loading up bales of fodder at Barking Road while Fosse has been present; Mansfield's vans brought fodder there and took it away. I do not remember any other names on the vans. There was no furniture removal business carried on at Barking Road; no pantechnicons were kept there.
To Wood. I worked for French and received my wages from him. You first spoke to me about the job.
To Mr. White. I cannot say on what date I saw Mansfield's vans taking fodder away. I only saw Fosse once at Leytonstone Road. I left the employment four days before August Bank Holiday. There was no fodder then at Barking Road, or Leytonstone Road, or St. Mary's Road. I cannot say how long it had been removed from either place. I said in the previous trial that the goods were removed on July 30. I did not say they were removed on one day or another.
JAMES WATSON , labourer, Plaistow. I was employed at 43, St. Mary's Road and paid by French. I saw Wood and French there. I was also employed at Leytonstone Road by Wood. I saw Fosse there once; he was waiting for some vans to come up; he was there for about an hour. The vans came. I cannot exactly remember whether they were loading or unloading. I was also employed at 562A, Barking Road; I saw all three prisoners there. I loaded and unloaded bales of fodder there; they were sent away by vans; I cannot remember the name on the vans. Fosse was standing by—I do not know if he was there on more than one occasion.
Cross-examined. I saw Fosse first at Barking Road and once at Leytonstone Road; he was not doing anything; only Ludlow and I were there at the time. I saw Fosse at Barking Road two or three times. I do not know whether anyone else was there at the time.
ARTHUR CHAMBERS , 600, Mile End Road, corn and forage merchant. In June and July I purchased bales of fodder from Wood; French was with him. After the transactions we all three went into the "Plough," where I saw Lyons on one occasion; I did not know his name or address; I did not speak to him; I believe he spoke to Wood and French. I bought the fodder at £3 a ton and paid in cash.
Cross-examined. I only saw Lyons on one occasion; he was simply sitting in the public-house; I did no business with him.
OSWALD HERBERT BOND , Superintendent Bond's Wharf, Bermondsey. On July 10 I received delivery order produced for 450 bales of South African fodder from, I think, the carman. I delivered 450 bales to Dearson's carmen on July 10 and 11.
GEORGE C. R. DEARSON , carman to and son of George Dearson. On July 10 and 11 I delivered 450 bales of fodder from Bond's Wharf to 562A, Barking Road. On July 10 Fosse (Lyons) and the two boys, Ludlow and Watson, were there. On the 11th I saw French. I took no receipts for the fodder.
Cross-examined. I saw Fosse on Friday, July 10, the first time I went; he was outside in the alley way doing nothing—the next day he was not there.
Detective-sergeant CHARLES LEE, K Division. On August 11 I received a warrant for the arrest of Fosse for fraudulently obtaining a number of bales of South African fodder and conspiracy. On August 13, at 12.30 p.m., with another officer, I saw him at 46, Eglinton Road, Bow. I read the warrant to him. He said, "I expected it. I have only got Wood to thank for drawing me into this. I wish I had had nothing to do with it now. It is quite true I took the premises in Barking Road." I took him to Bow Police Station, where he was charged and made no reply.
ISAIAH LYONS (prisoner, on oath). I live at 46, Eglinton Road, Bow, and am an insurance agent. I have known Wood two years or more and have done insurance business with him. In the first week in July I met Wood in the "New Globe" public-house, Mile End. He said, "Hullo, have you heard of my luck? Do you know my
uncle has died and left me tome money?" I said, "I am very pleated, and now you are in this neighbourhood I hope you will come and be examined." I had his proposal for life insurance for £200. He said, "I cannot just now, I am too busy," I said, "I wish you could, because I could do with getting your case completed this week, as I am doing very bad myself." He said, "I am sorry to hear that—why don't you start in the hay business?" I said, "What, with no money?" He said, "You don't want any money. I am representing a firm—in fact, I am of the directors and I have an interest in the business." I was very pleased with the chance. He said I could earn between £2 and £3 a week without interfering with my insurance business. He suggested a very big place in the Barking Road. Then I said, "There is no necessity to pay this big rent, let us take a smaller place." He took me to 562A, Barking Road. I went to McDowell and agreed to take the premises at 5s. a week. Two days afterwards I got the key. In the meantime I consulted with some of my friends, saw Wood, and told him, "I have made inquiries and I have been told by many in the hay trade that, these goods being new on the market, I will not be able to get a living." I gave the key to Wood and said I did not want to have anything to do with it—that was the very day the goods delivered. He said, "What am I to do with the goods? I cannot take them back to the wharf." The goods came while I was at Barking Road. I saw three van loads delivered and did not wait any longer. I did nothing with regard to putting the stuff on the premises; I had nothing to do with the taking it away or the selling of it. Wood gave me a confirmation note to sign and I signed it. I had had no experience in this class of business. I have been an insurance agent eight years or more; before that a journeyman bootmaker. I never had any pantechnicons or ever said I had. Looking at confirmation note produced in the name of the London Cattle Fodder Association for 450 bales, it cannot be my signature, although it looks like it. "July 10" is not my writing. I do not think: it is my signature, because the one I signed was for 250 bales. Looking at it very carefully, it is not my signature, it is a good imitation; I signed a document like that, but it was for 250 bales. I had no correspondence with Campbell and Phillips. I only knew of the transaction through Wood. I had nothing to do with the goods after they were delivered. I once went to Leytonstone Road and St. Mary's Road with Wood. He said he had two accident insurance cases there for me and I went to see him about them. Wood was accustomed to introduce people to me in that way. I borrowed £2 from Wood. We have often lent each other money. Nothing was said about that being the proceeds of the sale of South African fodder. My right name is Isaiah Lyons. When I took the premises Wood suggested I should take the name of Fosse so as not to interfere with the insurance business. I have since heard he had a boy working for him in the name of Fosse and that was why he suggested that name. I am married with six children and my wife expecting her confinement. I am 39 years old; no charge of any kind or description has been made against me before.
Cross-examined. I was to get the profits out of the goods I bought. I knew the fodder was bought at £5 10s. a ton; I do not know what price it was sold at; I never inquired; I had nothing to do with the transaction after they were delivered, when I gave the key of the place up to Wood and told him I would have nothing to do with it. I supposed I was signing for 250 bales. I had seen two friends in the hay trade and they advised me I could not make a living at it—I took their advice. I believed Wood's statement that he was a director of the company. I had known him about two years; had insured him at his place in Canning Town about 18 months ago; he had not kept up the premium and I wanted to get him to insure again. I am 39. Having been an insurance agent eight years, it did not seem to me suspicious taking premises at 5s. a week and in a false name—I wish it had. I usually write with a fountain pen. (Witness wrote his name and that of Herbert Fosse; the writing was handed to the Jury.) The signature on the contract note looks like mine, but it cannot be my writing because the one I signed was for 250 bales and I dated it July 10—it was the same date as this. When I took the premises in Barking Road I was living at 46, Eglinton Road, Bow. I gave my brother's address—21c, South Grove, Mile End, and the name of Fosse. I left word at my brother's that if anyone inquired for Fosse it was me. I did not give my own name and address because my wife objects to my going into another business and I did not want her to know. I was at Barking Road on Friday, July 10, at nine p.m., and told Wood I would have nothing to do with it, while the goods were being delivered. I remained about 10 minutes. I said, "Store them, and return the key to the landlord." The next I heard was that Wood was in trouble over it. I have known Mann five or six months as "Mann" and as working for Wood. I knew an address had boon taken at 43, St. Mary's Road, and that fodder was delivered there. I went there once to get an insurance from Mr. French—I did not know "French" was Mann. I went to Leytonstone Road to see Mr. Mack about insurance, was there about half an hour, saw fodder arrive, but made no inquiries about it. I met Wood at the "Ploug" by appointment; French was there; it was to sign that confirmation note, and I signed it there. I have seen Lazoneck several times, sometimes in the "New Globe" public-house. I knew what Wood's business with Chambers was, to buy or sell hay—I supposed Lazoneck's was the same. I thought Wood had misrepresented himself to me about the time he was arrested. I said to the officer, "I expected it," because I began to feel a bit funny and think he had cheated me. I will not swear whether the signature on the note is mine or not.
Re-examined. The signature on the printed form looks like mine—I cannot swear to it. I have insured Mann's father and mother. I was trying to get insurance business with Mack. I frequent public-houses for the purpose of getting insurances. The "Plough" in the Mile End Road is used by men in the hay trade—I got four insurances by going there. (To the Judge.) I received a contract with a slip of paper for the confirmation of the contract, read it, and saw
what it was. Wood brought it to me; I signed it, gave it to Wood, he put it in his pocket. I did not keep the other part, although I read it
FREDERICK A. EDGINTON , London diatrict manager, Colonial Mutual Life Insurance Company; JOHN COHEN, wholesale china and glass dealer; and WILLIAM JOHNSON, wholesale fancy goods merchant, gave evidence to the character of Lyons as an honest, respectable man.
Verdict: Wood and Mann, Guilty; Lyons, Not guilty.
Convictions proved against Wood: September 19, 1900, three months' for stealing 1131/2 ounces of silver; in 1903 a warrant, still in existence, was issued against him for embezzlement. McCormack received six months at this Court on January 11, 1899, for bigamy. Wood was said to be undoubtedly the master mind in this fraud.
Sentence: Wood, 15 months' hard labour; Mann and McCormack, each Six months' hard labour.
BEFORE THE RECORDER.
(Tuesday, September 8.)
Dr. SCOTT, of Brixton Prison, said that prisoner was of a highly nervous temperament, but he could not say that he was insane.
Prisoner was released on his own recognisances in £50 and those of his brother-in-law in £25, to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, September 10.)
Charles HOWSE, (49, labourer) , pleaded guilty of attempting to inflict grievous bodily harm upon Henry Wall ; attempting to inflict grievous bodily harm upon Charles Scruby ; assaulting Henry Wall, a metropolitan police constable, in the execution of his duty; assaulting Charles Scruby, a metropolitan police constable, in the execution of his duty.
About a dozon previous convictions were proved, including one of seven years' penal servitude for horse stealing. Prisoner had been to gaol for nearly 20 years. Dr. Scott had previously certified prisoner to be mentally deficient and not a nt subject for ordinary Penal discipline.
Sentence, Two years' hard labour.
BEFORE THE RECORDER.
(friday, september 11.)
Mr. J. Wells Thatcher Prosecuted.
MARY PEARSON . 11, Hotham Road, Wimbledon. I have known prisoner a long time and about seven years ago lived with him. I am now married and my husband is a typist. I have been married two years. On Sunday, August 16, between four and five prisoner came in, and my little boy went and asked him if he wanted anything. He said "Yes, has your mother any dinner to give me?" I said he could have anything he liked so long as he kept his hands off me. He was very drunk indeed. My husband was at Brighton. This man frightened him away. He had been away a week. Prisoner said if I would not be all right with him he would have my life. I tried to get out at the back door but he would not let me. Prisoner took up a very rusty-looking knife which was lying in the scullery and which we used to clean the boots. He struck me first on the shoulder. I fell, and then he kicked me up against the copper. It was after I had got up and was going out of the door that he used the knife and cut me near the eye. I ran into the passage and screamed for my lodger upstairs. She came down and I said to her, "For God's sake fetch your husband; he is murdering me." Her husband went on a bicycle for a constable. Prisoner tried to get away but I held him. When the constable came prisoner said he would go with him, but he would do for me. I saw prisoner take up the knife. I was seen at the station by the divisional surgeon and my wound was sewn up soon after.
HANNH BOYS . My husband and I lodge with Mrs. Pearson. On the afternoon. of August 16 I heard quarrelling and stayed in my room. I came down when I heard Mrs. Pearson scream. Prisoner had her by the throat and a knife in his hand, and I heard him husband and, I did so, and he went away to the police station on his bicycle. Mrs. Pearson's face was streaming with blood. When I came back prisoner was still struggling with her. He seemed the worse for drink. Mary Pearson was sober. Prisoner had been is earlier in the week. He came in one night and got into her bed and two policement got him out.
Police-constable CHARLES SCROOBY, 591 V. At six p.m on Sunday, August 6, I was called to 11, Hotham Road, Wimbledon, where in the passage I saw prisoner and the woman struggling. The women was covered with blood—her head, her dress, arms and hands—and said, "That man has stabbed me." I heard something fall on the floor and seized prisoner by he stright arm, pulled him to the front door, and told him I should take him to the station. On the way he said, "The next time you take me I shall swing for her." He also said. "I did not stab her; she stabbed me." He appeared to
be quite sober. He might have been drinking, but did not appear to be drunk. Mary Pearson was sober. After I had taken him to the station I went back and searched the place. The knife was found on the floor of the passage. On the blade there was a small hair, as if from the eyebrow, and some blood.
REGINALD AUGUSTUS LOWDER HILL divisional surgeon, Wimbledon. I was called to the station to see prosecutrix. She was suffering from a contused left eye, and just half an inch below the angle of the left eye on the cheek was an incised wound half an inch in length and quarter of an inch deep. I put in one stitch and dressed it. The wound was caused by a fairly sharp instrument. The eyeball was not touched. As far as I know, the wound healed quite well. I did not see her after that. I also examined prisoner. He had an abrasion of the skin on the right side of his face, and on the back of his left wrist there was an incised wound half an inch long. The woman was sober. I did not see prisoner till just before nine o'clock.
JOHN DICKENSON (prisoner, on oath). I went to Mrs. Pearson's house on the Sunday about half-past four to see my little boy. When I gol in I sat on the chair and said, "Where is the boy?" The little boy came running up to me and said, "Hullo, dad." He is seven years old. This woman, Pearson, said to the little boy, "Ask him if he has got any money." I turned round and said, "No, son, I have not got any; I wish I had." Then she told the little boy to go to my pockets, and I asked her what she wanted to learn the child that sort of thing for. She started to use abusive language, and I went into the front room out of her way. I sat on the chair there and she sent me in a glass of stout by the little boy, which I refused and went and had a drink of water at the tap. Then she asked me if I wanted any dinner, and I said I could eat a mouthful as I had not had much just of late. She started some more words and told me to go f—g well where I had been. With that she started to scratch and slap my face, so I hit her in self-defence. She started to scream out "Mrs. Boys," and when Mrs. Boys came down she said to me, "Jem, you are a coward." I said, "What am I to do? Am I to sit here and let her do just what she likes with me?" I will take my oath she is not married. She wrote a piece of paper for the little boy to go and fetch a constable. Then in came Boys and said, "God blimy, this is something sickening this is. There is somebody outside wants you." So I said I would go and see who it was, as I knew she had sent for the constable. I went outside towards the constable and walked to the station with him, but, as regards the use of the knife, I never had the knife in my hand.
Cross-examined. I did not go to the house to quarrel with Mrs. Pearson. It is true that two policemen were sent for a night or two before to get me out of Pearson's bed. I have not done any work for some considerable time. When I am at work I do hod work, scaffolding, ground work—anything.
Mrs. PEARSON, recalled, said she was maintaining the child. She had had two children by prisoner, one of whom was dead. She had been married twice.
Verdict, Guilty. Two convictions for assaulting prosecutrix were proved, one in February and one in July of this year.
Sentence, Five years' penal servitude.