Vol. CL.] Part 890.
CENTRAL CRIMINAL COURT
HELD DEC. 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.]
GEO. WALPOLE, PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W.C.
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, December 8th, 1908, and following days.
Before the Right Hon. Sir GEORGE WYATT TRUSCOTT , Knight, Alderman, LORD MAYOR of the City of London; the Hon. Sir ALFRED TRISTRAM LAWRENCE , Kt., the Hon. Sir HENRY SUTTON , Kt., the Hon. Sir WM. PICKFORD Kt., Justices of His Majesty's High Court; Sir G. F. FAUDEL-PHILLIPS, Bart., Sir J. T. RITCHIE, Bart., Sir T. VANSITTART BOWATER Kt., Sir H. E. KNIGHT, Kt., Sir J. KNILL, Bart., Sir DAVID BURNETT , Kt., Sir C.C. WAKEFIELD, Kt., 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 RENTOUL, K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judge of the Central Criminal Court.
H.W. CAPPER, Esq.
CENTRAL CRIMINAL COURT
TRUSCOTT, MAYOR, SECOND SESSION.
BEFORE THE RECORDER.
(Tuesday, December 8.)
LONDON AND MIDDLESEX CASES.
HOMEWOOD, Dorothy (27, bookkeeper), who last Session (see page 5) pleaded guilty of forging and uttering a banker's cheque for the sum of £250, and attempting to obtain from Samuel Smith by false pretences certain articles of jewellery, value £250, with intent to defraud, and who had been since detained in custody, was now sentenced to one month's imprisonment, entitling her to be at once discharged.
GORHAM, Albert William (25, carpenter), pleaded guilty of forging and uttering, knowing the same to be forged, a certain receipt for money—to wit, for the sum of £25, and a certain request for the payment of money—to wit, a notice of withdrawal from the Post Office Savings Bank for the sum of £26, purporting to be signed by John Halcrow.
Sentence, Nine months' hard labour.
Sentence, Six months' hard labour.
Mr. Morris prosecuted.
THOMAS FREDERICK BAYFIELD , M.D., Russell Priory, Russell Square. Prisoner has been my servant for three or four years. On October 14 I expected to receive a telegraphic money order for £10. As it did not arrive, I made inquiries at the West Central Post Office, New Oxford Street, and as the result of what I heard returned home to get some papers to that I could be identified. I was shown a telegram at the post office. Prisoner can neither read nor write. I have no other servant except prisoner. I have not received the money.
To Prisoner. I did not give you the paper to go to the post office and cash it.
ROBERT ENGLAND , Clarendon Street, Somers Town, 11 years of age, On October 6 prisoner saw me in the street and asked if I would write a letter for him to a young lady, which I did; he gave me 3d. On the following Thursday he again saw me and showed me a £10 money order, which he said was his two months' wages—that his master gave him £5 a month—that he would change it to-morrow and asked me to write his master's name on it. It was payable to Dr. Bayfield, and I wrote that name on it. He then asked me to change it for him. I said, "No, the Post Office people might think I had stolen it." This conversation was in English; I do not understand the West African dialect. On Saturday, October 17, at 7.30 p.m., I went with prisoner to the post office. He went in and I stayed outside. He then came out and said the post office people had told him to go to New Oxford Street, as that was not the right post office. He had the telegram in his hand. We went there; I stayed outside, and after about two minutes prisoner ran out, the post office clerk running after him. I saw him next at Gray's Inn Road Police Station. I believed what he told me. I wrote the note produced asking the post office to pay.
Prisoner stated he told the boy to write the order because his master gave him the cheque and told him to get it changed.
GEORGE HICKMAN , clerk at the New Oxford Street Post Office. On October 17, at seven p.m., prisoner presented a note (produced) purporting to be signed by Dr. Bayfield, "Please cash this cheque by the boy." He also presented a telegraphic order for £10 signed "T. F. Bayfield." I asked prisoner if he could tell me the name of the sender; he did not appear to understand me. I then asked him if he would sign his name on the back of the order. He appeared to understand that and went to the writing desk. I went round the counter to see if he was doing so, when he ran away, taking the order with him, leaving the note behind. I ran after him. I had seen Dr. Bayfield about an hour previously, and in consequence recognised the order, of which I produce the letter of advice received on October 14.
To Prisoner. I have some recollection of asking you if that was your name and your saying "No."
Re-examined. If the bearer of the order had no authority from the payee we should refuse payment.
Police-constable, WILLIAM GARDNER ,408 E. On October 17 I took prisoner into custody at Dr. Bayfield's flat, Russell Priory. He said, "I have not got the cheque; I have thrown it away." He spoke English. He was charged at the station with stealing the cheque.
Dr. BAYFIELD, recalled. I occupy a flat at Russell Priory. I have no other servant except prisoner. He would receive letters which he ought to put on my table. I never received this letter. I never gave prisoner any order to change. I never received the telegram.
Cross-examined. I did not tell prisoner to write the note—he cannot write.
order at prosecutor's flat, Russell Priory, to the person who opened the door. The passage is dark, and I did not see the man's face.
Prisoner's statement before the Magistrate. The small piece of paper my governor gave me to keep—the pink piece of paper.
Prisoner. My master gave me the post order, and if he denies it now I have got nothing to say. It was in the presence of Dr. McKinnon.
Dr. BAYFIELD again stated that he never gave prisoner the order. He paid prisoner wages at the rate of 30s. a month.
Prosecutor gave prisoner a good character. He is a British subject who had been taken into prosecutor's employ in West Africa and brought to England. It was stated prisoner could obtain employment as stoker on a steamer from Liverpool.
Sentence postponed to next Sessions, the Court missionary to be communicated with.
A conviction at Guildhall of three months' hard labour for frequenting was proved.
Sentence, Nine months' hard labour.
Sentence, Six months' hard labour.
JOHNSON, Arthur Edgar (35, bootmaker), GODDARD, Charles Henry (42, labourer) ; Johnson on October 17, 1908, feloniously obtaining the sum of £10 5s. by a forged instrument, to wit, a post letter, knowing the same to be forged; Goddard on October 3, 1908, feloniously obtaining the sum of £5 4s., on October 17, 1908, the sum of £10 5s., and on October 24, 1908, the sum of £15, in each case by a forged instrument, to wit, a post letter, knowing the same to be forged; both unlawfully conspiring on October 3, 1908, to demand and receive bankers' cheques for £14 and other sums.
Johnson pleaded guilty, Goddard pleaded guilty of obtaining £5 4s. and £15; also of conspiracy.
Sentence: Each prisoner Six months' hard labour.
BROWN, George (24, porter), SCOTT, William (22, porter), and JONES, Jack (34, porter) pleaded guilty , of breaking and entering the shop of William Newcombe and stealing therein six silk handkerchiefs, his goods.
The three prisoners had been convicted together at Guildhall on May 11, 1908, of shopbreaking and sentenced, Brown and Jones to six months' and Scott to three months' hard labour. Jones also received nine months at this Court on September 3, 1907, for shopbreaking.
Sentence: Scott Nine months' hard labour, Brown and Jones 15 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, December 8.)
SCOTT, Arthur (46, labourer) ; feloniously having in his possession certain moulds and tools adapted to make and impress the figure or apparent resemblance of the King's current coin called shillings; unlawfully having in his possession 22 pieces of counterfeit coin with intent to utter the same.
Mr. Wilkinson prosecuted.
Detective-sergeant CHARLES CRUTCHETT , T Division. On November 26 I went to 8, Harris Cottages, Worton Road, Isleworth (occupied by prisoner), in company with two other officers at about 12 o'clock in the day time. The house was locked up. We gained admission to it. It consisted of two rooms, one downstairs and one up. In the lower room I found the butcher's knife (produced) with plaster of Paris on it, a paper containing white metal, and a small packet bound round with wire containing four pieces of antimony. Two moulds bearing the impression of a shilling were handed to me by the other officers, and 22 counterfeit shillings, some plaster of Paris, two pieces of white metal, an iron ladle containing dross, an old string bag, some broken plaster and a file. I was present when prisoner was charged. He made no reply.
Detective HENRY MULLINS , T Division. On November 26 I was in company with last witness and Sergeant Charles at the house occupied by the prisoner. In the downstair room on the dresser I found a small three-cornered file which had apparently been used with white metal. On searching the coal cupboard under the stairs I found two moulds with the impress of both sides of a shilling, bearing date 1907. Behind the moulds, wrapped up in a piece of newspaper, I found 22 unfinished base shillings. Hanging on the wall was an old string bag, inside which was a ladle containing dross metal.
Detective-sergeant ROBERT CHARLES , T Division. In the downstair room I found a brown paper parcel containing a quantity of unused plaster of Paris and two small pieces of white metal. These articles were on the top shelf in the cupboard covered over with a quantity of old newspapers. In the grate, where there had been a fire, I found some pieces of broken plaster of Paris.
HENRY HARRIS , house and estate agent, Twickenham Road, Isleworth, spoke to collecting rent from prisoner, the occupier of No. 8, Harris Cottages. Prisoner had been in occupation about five months and the rent was 4s. per week. Prisoner lived there with his two sons, lads of 12 and 10 years, and there was no other occupier or lodger.
Police-constable WILLIAM KIND, 368 T. I arrested prisoner on November 25. I searched him at the police station and found upon him seven sixpences and 1s. 9d. in bronze.
WILLIAM JOHN WEBSTER , Inspector of Coins at the Mint, said the moulds produced were single moulds for a shilling of the date of 1907. The 22 counterfeit shillings produced were roughly cast and in an unfinished state; nine were from one mould and 13 from another. There was plaster of Paris attached to the knife produced. There was the remainder of molten metal in the ladle and some fresh plaster of Paris was produced. Amongst the white metal were four pieces of antimony, used with a small proportion of copper in the making of base coin. There was no impression of a coin on the fragments of moulds found in the fire place.
Detective MULLINS said he had known prisoner about eight years. Since he had been living at Harris Cottages he had mixed with coiners, and his next-door neighbour was now awaiting trial at the Middlesex Sessions for the same kind of offence. Prisoner was arrested for uttering, being in company with this other man, but, there not being sufficient evidence, he was discharged, and it was while he was in custody that his house was searched. There had previously been complaints to the police that a number of base coins were being uttered in the district, and it was probable that coins had been supplied to prisoner by those who had more to do with coining than prisoner himself had.
Sentence, 12 months' hard labour.
Mr. Sands prosecuted.
JOHN JAQUEST , coal porter, Crescent Street, Notting Dale. I work for a man named Gobell, who has a coal shop at St. Catherine's Road. On November 10 prisoner came to the shop and asked for 14 1b. of coal and a handful of wood, the cost of the articles being 2 1/2 d. He tendered in payment what appeared to be a 2s. piece. I recognise the coin produced as the one tendered. It is marked by having been bitten or scratched. I tried it by bouncing it on the table and told prisoner it was bad. Ha said, "It is not." I did not test it in any other way. I was going to bite it, but prisoner asked me not to do it. I gave him the coin back, and I went out of the shop with the coals. I saw him again about quarter of an hour afterwards going in the direction where he lived.
WILLIAM JAQUEST . I am brother of the last witness and was with him in Mr. Gobell's shop at a quarter to 10 on the morning of November 10. I saw what took place with regard to the coin. About a quarter of an hour after prisoner had left he came back to St. Catherine's Road and entered a general shop kept by Mrs. Brisley. I went in and spoke to Mrs. Brisley and afterwards went for a policeman.
ELLEN BRISLEY , 14, Sala Road, Nottingdale, keeper of a chandler's shop. On the morning of November 10, about a quarter to 10, prisoner came into my shop and asked for a fag book, costing 1/2 d. He put down the 2s. piece produced and I gave him 1s. 11 1/2 d. change. I put the florin in my purse. He then went out of the shop. In consequence of what was said to me by Mr. Jaquest, I looked at the florin and found it was bad and afterwards gave it to the "'tec." (Sergeant Buxton).
Police-sergeant JAMES BUXTON , X Division. On November 10, about 11 in the morning, I saw prisoner at 37, St. Catherine's Road, Notting Hill. I told him I was a police officer and should take him into custody for uttering a 2s. piece first at a coal shop and then at a small general shop about an hour previously. He replied, "I have never been down the road this morning, not me." I took him into custody, and on the way to the station the said, "You have made a mistake; I have not been down there this morning." Later on he said, "I am sorry I have got into this mess. I was hard up at the time or I would not have done it. They told me it was bad at the coal shop. I admit it. I was a fool to do such a thing. I am sorry. I hope you will do all you can for me." When the charge was read over to him at the station, he replied, "Yes, it is quite right."
Sergeant BUXTON, recalled, said that there was found on prisoner 6d. in silver and 5 1/2 d. in bronze, but no 1s. piece.
Verdict, Guilty of a single uttering.
The Jury asked his Lordship to deal leniently with prisoner.
It was stated that there was no coining offence against him, but his general character was bad.
Sentence, Three months' hard labour.
Mr. Graham-Campbell prosecuted.
JAMES PAYNE FREEMAN , cashier of Messrs. Robarts, Lubbock and Co., bankers, 15, Lombard Street. Joseph Trueman Mills keeps an account at the bank. On November 20 prisoner presented the cheque produced. It is drawn upon a sheet of blank paper and purports to be signed by Mills, payable to the order of G. Marshall, and it is so endorsed. I think the cheque was presented at about a quarter to 12, something like that. At the same time prisoner handed over a bit of paper, showing the way in which the cheque was to be cashed. There was written upon the paper, "1 £500 note, 2 £100 notes.—J.M." Mr. Mills had never to my knowledge drawn a cheque upon blank paper. I did not cash the cheque.
To the Common Serjeant. I know Mr. Mills's signature and the imitation is so good that if it had been upon a proper cheque form it is highly probable I should have paid the money. I am sure the signature is not his.
JOSEPH TRUEMAN MILLS , Rugoy. I keep an account with Messrs. Robarts, Lubbock, and Co. I did not sign the cheque (produced) drawn on blank paper, nor was it signed by my authority. I have never in my life drawn a cheque on plain paper. The signature on the paper (produced) is an imitation of my signature and I should call it a good imitation. I sign, "J.T. Mills."
To Prisoner. I am not aware of having seen you before this case, I do not know anyone of the name of Marshall.
Inspector JOHN COLLISSON , City Police. On November 20, about quarter past 12, Mr. Disney, managing clerk to Messrs. Stevens, solicitors, communicated with me and handed me a letter. I subsequently saw prisoner outside Messrs. Stevens's office in Ironmonger Lane about 12 o'clock. I told him I was a police officer and said to him, "You are in a very serious position. You will have to accompany me to the Euston Hotel, where we will try and find a man who, you say, sent you with this cheque." I went with prisoner and Mr. Disney to the hotel, where we kept observation for some time. Prisoner was unable to point out to me anybody who had given him the cheque. We then went back to the Old Jewry Police Station, where I showed him a letter in these terms. "Re advertisement for clerk in 'Daily Telegraph,' October last. With reference to your application for above, if not suited I am prepared to engage you immediately at a weekly wage of £1 5s. per week to start with, upon arrival at Euston at 20 to 11 a.m., leaving Birmingham at 8.40. at the west wing. I will pay your expenses to town and see you upon arrival at Euston at 20 to 11 a.m. leaving Birmingham at 8.40. I enclose you stamped telegraph form. Please wire me if you cannot come. (Signed) G. Marshall." That is addressed to "Mr. Robert Taylor," and the address on the top of the letter is "2, Henrietta Street, Covent Garden, W.C." On the way to the station I asked prisoner for the envelope which had contained the letter and he said he had destroyed it. I asked him if he had the stamped telegraph form referred to in the letter. He said he had torn it up. After he got to the station he made this statement, which was taken down in writing: "I have resided with Mr. James Martin, whose address I refuse to give, for about two years. I have been out of work for about 12 months. I was for 12 months in the employment of Mr. John Burn, Temple Street, Birmingham. I do not remember the number in Temple Street. Mr. Burn has left Birmingham. I do not know his present address. He was a bookmaker. I have answered many advertisements for junior clerks and I received a letter by the last post on the 19th inst., in consequence of which I came to London this morning, leaving Birmingham at 8.40 a.m. I then went in search of lodgings and took a room at 13, Euston Street, Euston Square. I paid 2s. deposit. The landlady's name is Mrs. Patterson. I found my way to the Euston Hotel. Before I got to the west wing entrance a man of the following description, age about 40, 5 ft. 7 in. in height, clean shaven, full face, pale complexion, dressed in a dark blue overcoat and bowler hat, stopped me and said, 'Is your name Taylor?' I said, 'Yes.' The man said, 'I
have taken offices at 2, Henrietta Street. Your hours will be nine till six.' Then he said, 'Do you know where Lombard Street is?' I said, 'It is near the Bank.' He said, 'That is right.' He then gave me an envelope containing a cheque and told me to take it to Robarts, Lubbock, and Co., Lombard Street. He also gave me a piece of paper. I took the train from Euston Station to the Bank and presented the cheque at Messrs. Robarts, Lubbock, and Co. 's bank." (Prisoner made a similar statement before the magistrate and in his evidence on oath, Question v.) There is no such address as 2, Henrietta Street. The first number is No. 3. Prisoner was subsequently charged with forging and uttering the cheque. He said he knew nothing about it. He was asked for his address at Birmingham, but refused to give it. The only address he gave was at Euston Street, where he had that morning engaged a room.
Detective-sergeant ERNEST THOMPSON , City Police, stated that he had made inquiries at 13, Euston Street, with the result that he found that prisoner had that morning engaged a bedroom and paid 2s. deposit.
ROBERT TAYLOR (prisoner, on oath). For the past two years I have been living at Birmingham with a friend whose address I cannot give for very grave reasons. Unfortunately for me he is a commission agent, by which I mean a bookmaker, a betting man, and as he receives money by letter and by hand under cover inside his own room, he is liable to a fine of £100 as soon as he is found out. For the past three months I have answered several advertisements for junior clerks. On the evening of November 19 I received a letter from J. Marshall, 2, Henrietta Street, London, who wrote to say that if I was still out of employment he would engage me at £l 5s. per week, and if I entertained the offer I was to meet him at the west wing of the Euston Hotel at 11.15 the next day (Friday). On the next day I left Birmingham at 8.40 a.m., arriving at Euston at 10.40. I then went in search of lodgings and took a room at No. 13, Euston Street. I then went on to the Euston Hotel, where a gentleman of the following description came up to me: Short and stout, full face, fresh complexion, clean shaven, height about 5 ft. 7 in., age about 40. He was wearing a dark blue overcoat and bowler hat and impressed me very much as being a welleducated gentleman. He shock hands with me and asked me whether my name was Taylor. I told him it was. He then told me he had taken offices in Henrietta Street and said, "Your hours will be from nine till six and you can consider yourself engaged." He then asked me whether I knew where Lombard Street was. I told him I knew it was near the Bank. He said that was right and gave me that cheque inside an envelope. It was written on a sheet of notepaper and he directed me to take it to Robarts, Lubbock, and Co. 's Bank, Lombard Street, and to return to the Euston Hotel after I had been there. I left him and went to Robarts, Lubbock, and Co. 's Bank, where I handed in the
cheque. On the clerk looking at it he went away, and on returning in a minute he requested me to take a seat. After waiting two or three minutes I left the bank with Mr. Disney and went to the police office in Old Jewry, where we were joined by Detective-inspector Collisson. Afterwards we got into a cab and drove to Euston. On the way Collisson told me I had fallen into a nest of scoundrels. He told me when I got out of the cab that I was to go back to the Euston Hotel and to ignore Mr. Disney and himself and to hold my hand over my pocket as if I had money in it. I followed out Collisson's instructions and he and Mr. Disney followed close behind me. I inquired for Mr. Marshall of the hall porter, and he told me to go and look for myself. I went all over the hotel, but could not find him. I waited about for a long time, but Mr. Marshall did not put in an appearance. On the way back to Old Jewry in the Tube, Collisson told me I was in a very serious position, having presented a cheque at Messrs. Robarts, Lubbock, and Co. 's Bank which was a forgery. I replied that I certainly had presented the cheque, but as I did not know it to be a forgery when I presented it, I had nothing to be afraid of. At the Old Jewry Collisson asked me for all particulars and I gave them to him. Then he asked me for my address in Birmingham and I told him I could not give it. He then told me I should be detained and charged over the cheque.
Cross-examined. I understand that this is a very serious charge that is being made against me, much more serious than that of keeping a betting house. I still decline to give my address in Birmingham for the reason I have given. Mr. Martin is still in Birmingham, but carries on business as a bookmaker in another name. If I gave his address he would have to chuck his business up. I have not asked him to give evidence on my behalf. I lived with him in Birmingham for two years. Before that I was living in London. I have never been in Rugby and did not know until to-day that Mr. Mills lives there. When I was living in London I lived at Walham Green. I have not got the advertisement I answered. I wrote to a box at the "Daily Telegraph" office as follows: "In answer to your advertisement in the 'Daily Telegraph,' I beg to offer my services. I am 18 years of age, have a good knowledge of the City and West End, and can make myself generally useful.—Yours truly, ROBERT TAYLOR." I did not give any references. Mr. Martin would have given me a reference. I accidentally destroyed the envelope in which Mr. Marshall's letter was enclosed, together with the telegraph form, upon which there was a 6d. stamp. There, was the name of some post office on the telegraph form, but I did not take notice what it was. It did not strike me as peculiar that Marshall should be prepared to engage me immediately at £1 5s. per week. I seriously thought I was so far engaged that I could take rooms on the strength of it. Before I left Birmingham I asked my friend to send me on my luggage and clean linen at the end of the week, when he would have my address. It did not strike me as strange that Mr. Marshall should entrust me with a cheque for £700 the first time he had seen me; I thought nothing of it. I did not know it was a cheque for
£700 until I opened the envelope in the Tube. I was to go back to the hotel with the money. I account for Mr. Marshall not being at the hotel to receive the money by supposing that he must have had me followed and that when I was seen to come out of the bank with Mr. Disney he was warned of it.
Mr. Graham-Campbell. I will give you one more chance. Are you disposed to disclose the address in Birmingham where you resided?
Prisoner. No; I see no reason why I should give the address of a friend who is a bookmaker.
The Common Serjeant. You do not see the reason. The reason is that you are on your trial for felony, for which, if you are found guilty, I may have to send you for a long term of penal servitude. The reason is that certain things may be thought of you if you do not give the address.
Verdict, Guilty of uttering the cheque knowing it to be a bad one.
Mr. Graham-Campbell said the police had been unable to find out anything about prisoner owing to his refusal to give his address.
The Common Serjeant said he would deal with prisoner as not having been convicted before and sentence him to twelve months' hard labour, the reason for not passing a sentence of penal servitude being that, in the opinion of the Commissioners present, someone worse was behind prisoner.
BEFORE THE RECORDER.
(Wednesday, December 9.)
KEAR, Henry, otherwise Robert Johnson (43, traveller), and BALL, Annie (46, housekeeper); both stealing one sewing machine, value £10; one sewing machine, value £10 10s.; and another sewing machine, value £10s., the goods in each case of the Singer Manufacturing Company, limited. Kear, conspiring and agreeing with Annie Ball and other persons whose names are unknown to steal the said sewing machines. Kear, obtaining by a forged receipt, knowing the same to be forged, from Thomas Folkard, the sum of £2 10s., with intent to defraud. Kear, obtaining by false pretences from Frederick Fry the sum of £7 10s., with intent to defraud. Ball, receiving the said sewing machines well knowing the same to have been stolen. Ball, conspiring with Henry Kear and others to steal the said sewing machines. Ball, stealing one sewing machine, value £6 10s., the goods of the Singer Manufacturing Company, Limited. Ball, uttering to Henry Wells a forged receipt for the payment of money, with intent to defraud.
Mr. Lawless prosecuted
Kear pleaded Guilty of obtaining £7 10s. from Frederick Fry. Ball pleaded Guilty of obtaining £1 15s. from Wade, a pawnbroker, by means of a forged instrument.
Sentence. Kear, 10 months' hard labour; Ball, Three months in the second division.
DICKS, Albert (41, labourer) pleaded guilty , of attempting to break and enter the dwelling house of Albert Reynolds, with intent to commit a felony therein. Being found by night, having in his possession, without lawful excuse, a certain implement of housebreaking—to wit, one jemmy. Assaulting Moreton Woodard, a peace officer, with intent to resist the lawful apprehension of himself. He confessed to having been convicted of felony at Clerkenwell Sessions on June 5, 1906.
Three previous convictions were proved; said to be a professional burglar and the associate of a number of men sentenced to very long terms of penal servitude for burglary with violence.
Sentence, Seven years' penal servitude.
WEBSDALE, Walter (46, labourer) pleaded guilty , of stealing one postal order for the payment and of the value of 5s., the goods of Lilian Clancy. Forging and uttering, well knowing the same to be forged, a receipt for the payment of money—to wit, a signature on a postal order for the payment of 5s., with intent to defraud.
The police gave prisoner a good character as an industrious man.
The Recorder, dealing with it as an isolated case of sudden temptation, passed a sentence of Two days' imprisonment.
Mr. Bohn prosecuted.
Wilson pleaded guilty.
JAMES BLANEY COE , salesman to Hitchens and Co., 64, Friday Street, E.C. On November 24, 1908, at about 1.30 p.m., I was writing in the warehouse when I saw two men suddenly leaving the door, each with a roll of cloth under his arm. The two pieces of cloth produced are the property of my firm, which I identify by the marks, number of yards, etc. I followed and saw Wilson arrested. I only saw the backs of the men. I cannot identify Harris; the second man was about his height.
Cross-examined. The other man was described at the Mansion House as wearing an overcoat. I did not so describe him.
Police-constable JOHN BARR , 569 City. On November 24, at about 1.40 p.m., upon information received, I followed two men who were walking very fast, each carrying a roll of cloth on the left shoulder. I arrested Wilson. I saw only the back of the second man and cannot identify him—he was dressed similarly to Harris. At 3.40 p.m. I saw Harris at the police station. He confessed to being concerned with Wilson in stealing two rolls of cloth that afternoon. He was then charged and made no reply.
Cross-examined. I did not say the second man was wearing an overcoat. The question was put to me by Harris, and I said the second man had been described as wearing an overcoat—that was by somebody who saw him run away; I do not know. I would not swear whether he was wearing an overcoat or not; I only saw his back when I was struggling with Wilson.
Police-constable JAMES KITCHENER , 501 City. I was at the station when Harris said, "I confess to being concerned with Wilson in custody in the stealing of the two rolls of cloth this afternoon." He was taken to the cells by me, he passed Wilson's cell, saw him through the railing, and said to him, "Hullo, Ted, I have given myself up."
Cross-examined. I was not present when the prisoner Harris entered the station, but I was there when he made the confession. I took him to the cells. I do not know what Wilson said in reply—I did not hear him make any further remark. I did not hear the detective say to Wilson, "Don't you be tricky," and order him to be removed to a cell at the other end. (To the Jury.) The grating of the cells is an open railing six feet high.
Inspector GEORGE WHEELDON , City Police. On November 24, at 4.20 p.m., Harris entered the Cloak Lane Police Station, came to the desk where I was writing and looked over. I said, "What is it, please?" He said, "I see you have the stuff up there "—the two rolls of cloth were on a shelf—"I have come to give myself up for stealing them." I said, "Then you will be charged with Edward Wilson, who is in custody." He replied, "All right." I told him to sit down and sent for Police-constable Barr, who placed him in the dock; he was then charged. Wilson was not brought back as he had been charged two hours previously. In reply to the charge he said, "I confess to being concerned with Edward Wilson in stealing the two rolls of cloth this afternoon." He was then placed in the cell. He pointed to the two rolls of cloth on the shelf; there were other things on the adjoining shelf.
FREDERICK HARRIS (prisoner, on oath). I am a barman. On November 24, at about 1.45 p.m., I was in Cheapside when I saw a man I now know as Wilson together with another man going rapidly along each carrying a roll of cloth like the two produced. I followed them from Friday Street to the General Post Office, when Wilson was stopped by a police-constable; the other man was some 30 or 40 yards in front. Wilson dropped the cloth and tried to get away; the other man dashed down St. Martin's-le-Grand—I did not see him drop his parcel. I followed the police with Wilson to Cloak Lane, hung about there for a quarter of an hour and saw a youth come in earning the other bundle of cloth. I then had a walk round Cheapside, and, coming back, I asked two hawkers and a newspaper seller if they had caught the other man and they said, "No—is he a mate of yours?" I said, "Yes." I had had no lodging and had been walking about for two days without food, so I thought I would go in and surrender myself, which I did. What the Inspector and the other officer have said is quite true. I gave myself up for the purpose of getting a lodging and some food. I had had nothing to eat and had been walking about for two days and two nights. Under the circumstances I should have given myself
up for anything. I said to the other prisoner as I was pasting the cell, "Hullo, Ted, I have given myself up." I did that because the Inspector seemed very doubtful about taking me, so knowing Wilson's name was Edward I said that. Wilson said, "Who are you? I do not know you." A plain clothes detective said to Wilson, "Don't you try and be tricky; it is on his own confession," and told the goaler to shift Wilson from the cell he was in, which was next to the one I was in, right up to the other end of the passage, because he would not acknowledge me—it was petty spite of him.
Cross-examined. I know the City very well. Cheapside is very crowded at times. (To the Recorder.) I did not say anything to the police the next morning—I waited until I got in front of the magistrate and until I heard the evidence given against me. I did not notice that the witnesses swore they had only seen my back and that there was no evidence of identity except my confession. After I had had a night's lodging in the police cell I came to my senses. At the time I should have given myself up for murder to get a night's lodging. I gave my evidence the following morning, November 25, and stated the reason I had made the confession. If the depositions show I did not give my evidence till the remand on December 1, I told the magistrate on November 25. (To Mr. Bohn.) I followed the men from Friday Street to the Post Office. I thought they had stolen the cloth. I said nothing to the police-constable when Wilson was arrested—it was nothing to do with me.
Police-constable JOHN BARR , recalled. On November 25 I was the only witness examined and the case was remanded to December 1; then the other witnesses were-Examined. I had not heard that the prisoner was going to say be had made a false confession. In cross-examining me he asked if he had worn an overcoat—that was the only allusion. It was on December 1, after the other witnesses were called, and there was no evidence of identity except his own confession, that Harris went into the box and said his confession was false.
Prisoner recalled. It is true that, after a night's reflection, I decided to withdraw my confession. I thought I had gone into the box on November 25, but I was not called to go into the box then. I cross-examined the witnesses to show I was not guilty.
EDWARD WILSON (prisoner). I have pleaded guilty to stealing this roll of cloth. Harris is not the man that was with me. I had never seen him until he came into the cells at 4.30 p.m. on November 24. As he passed my cell with an officer in plain clothes and a policeconstable he said. "Hullo, Ted." I said, "I do not know you. I do know what you are talking about." The plain clothes officer said, "Don't be tricky," or "funny," and had me removed to a cell at the further end of the passage. About half an hour afterwards I heard Morris walking up and down the cell talking to himself and saying, "I don't care if they hang me—I don't care what they do with me." He denied the charge on the following morning to the Magistrate. He did not go into the box, but he denied being the man who was with me.
Police-constable JOHN BARR , recalled. The case was taken on November 25 before Alderman Howse, adjourned to December 1 before the Lord Mayor, when my evidence was read over. I did not hear Harris say he was not the man before Alderman Howse; I think not—I would not be sure.
EDWARD WILSON , recalled. Cross-examined. I never saw Harris before 4.30 on November 25. I went as quickly up Cheapside as I could. When I went into the shop I saw that someone had seen me take the cloth. I am known as "Ted." I know the man who was with me. I decline to tell who it is, because I will not; I do not wish to. Harris is not the man. I do not know where the other man lives—I do not know him particularly well.
HARRIS (to the Jury). I can only say that I was destitute and had nowhere to go. I knew that I could not be punished for making a false confession and that I should get a night's lodging and something to eat. Now I have had a fortnight in prison and come to my senses I find it was a silly thing to do. I did not know what to do then, and I do not consider I was really accountable for my actions at the time I gave myself up.
The Jury, having retired for one and three-quarter hours, were unable to agree and were discharged; Harris was remanded to next Session.
Wilson confessed to having been convicted at Bow Street on June 19, 1908, receiving two months' hard labour, for larceny. Convictions proved: Guildhall, September 15, 1908, Two months for unlawful possession of bacon.
Sentence, 20 months' hard labour.
Sentence 15 months' imprisonment.
GRANT, Hamilton Bruce (21, agent), and PIERCEY, Arthur (21, clerk) ; both forging and uttering, knowing the same to be forged, certain receipts for goods—to wit, two bills of lading for 40 bales of cotton blankets, with intent to defraud.
Mr. Wing prosecuted.
JEAN JANSSENS , of John P. Best and Co., Antwerp, shipping agents for Donald Currie and Co., Union Castle Line. The "Avondale Castle" sailed from Antwerp for Durban on October 17, 1908, calling at Southampton. Erfurt and Co., Antwerp, shipped to us by her 40 bales of cotton blankets marked kc✗ for which I produce the genuine bills of lading, which were handed to me on December 7 by Erfurt. Bills of lading, dated October 24, 1908, are forgeries. The steamer was in Southampton on that date. We should be responsible to Erfurt for the freight, £31 15s. 11d., and should pay that amount on the production of the genuine bills of lading.
October 18. The bills of lading produced, purporting to be upon forms of my company, are not on the form used for shipments from Antwerp; I should say there would be a very remote chance of the goods being delivered at Durban on these bills of lading; they are irregular. The master would have nothing to do with the delivery of the goods; our agents would see to that; they would have the master's copy of the original bill of lading, which should correspond in every particular with the three signed originals, otherwise the goods would not be delivered except through negligence of the clerk. Bills produced are dated October 24, the day the "Avondale Castle" left Southampton for South Africa. The original bills of lading issued at Antwerp were dated October 17, i.e., a week before the steamer got into Southampton. The freight purported to be prepaid on the false bills of lading.
Cross-examined. These forms are irregular. It would not be according to practice for our agents to accept such forms; the words are practically the same; the colour is different; they are dated in London, whereas our bills of lading would be dated in Antwerp; they are altered to "Antwerp" in this bill of lading. Antwerp bills of lading are not obtainable in London. The master does not sign the bill of lading—our agents sign them. The freight on the goods has been paid by Erfurt and Co. in Antwerp, and we should have no lien on the goods. The original bills of lading being made out to Israel and Co. would not be negotiable until signed by them.
Re-examined. Looking at the original bills of lading produced, that is the correct form for shipments made at Antwerp. It is not customary to retain the bills of lading until the freight is paid, because the agents give credit when they know who they are dealing with; there is no hard and fast rule about it.
(Thursday, December 10.)
VERNON ESSEN , 6, Carlton Parade, Herne Hill, clerk to Rumball, stockbroker, Copthall House, Copthall Avenue. I know prisoners as shipping agents. On November 9, when I went to lunch, Piercey was apparently waiting for me outside the building. He asked me to take letter produced to H. and J. Israel, Limited, Moorgate Street Chambers, Moorfields—they are shipping agents, I think. Envelope produced contained the letter; it has printed on the beck, "Grant and Ramus," whom I have known as the prisoners' firm in Mincing Lane. The envelope was gummed down. I took it to Israel and waited for an answer, as Piercey had directed me. Mr. Israel opened the letter. took out some large papers, gave me certain instructions, and I returned to my office. I cannot remember if I saw Piercey on my return or in the evening—he lived near me and I certainly saw him in the evening. I told him that Mr. Israel said, "I cannot give you a cheque, I must see my solicitor about the matter." Piercey said he would probably want me to go again to Mr. Israel on the morrow. I have known both prisoners for about five months. I took the letter to oblige them. The next morning I saw prisoners outside my house
and we went up to business together by tram. Grant or Piercey said he would want me to take another letter to Mr. Israel. I went to my office. As I went to lunch I met Piercey again and he gave me another letter to take to Israel, which I did. Mr. Israel opened the letter and retained its contents, and in consequence of his instructions I went to Moor Lane Police Station with Mr. Israel, his clerk, and a detective, who was waiting at Mr. Israel's. I remained at the station for two hours, when the prisoners were brought in and charged. I went before the Alderman at the Guildhall next morning and gave evidence.
Cross-examined by Grant. I made a mistake. I did not see Piercey outside my office on November 9. I went to prisoners' office, saw them both there and received the letter for Mr. Israel; it was gummed down; Mr. Israel opened it. I do not remember whether prisoners went there with me; I am certain the letter was gummed down and was opened by Mr. Israel. (To Piercey.) you did not give me any letter addressed to myself. (To the Recorder.) Until the proceedings at the police court I never saw the contents of that letter; I never knew there was a letter addressed to me inside the envelope.
H.J. ISRAEL, Moorgate Street Chambers, merchant. I know Grant as a member of Grant and Ramus, shipping agents, Market Building, Mincing Lane. I do not know Piercey. On October 21 my firm received a letter from Messrs. Grant and Ramus, "Dear Sirs, ✗kc 6894-6933. We herewith enclose freight account together with bills of 40 bales cotton blankets shipped under the above mark, per steamship "Avondale Castle," and shall be glad to have cheque for same.—Yours faithfully, Grant and Ramus. 5,560 kilos, 37s. 6d.—£28 18s. 3d.; bills of lading, 2s.; £29 0s. 3d." I was then at Southport and the letter was forwarded to me. On November 9 Essen brought me letter and envelope (produced) unopened. I had never seen Essen before or known his name. The envelope contained this letter: "Grant and Ramus, agents for O.W. Morcum and Co., Antwerp, Market Buildings, Mincing Lane, London, November 9, 1908.—My dear Essen,—I enclose the bills of lading as arranged. If you take these to Messrs. H.J. Israel, Limited, Moorgate Street Chambers, they will give you cash. Thanking you very much for your assistance.—Believe me, yours faithfully, A. Ramus." The envelope also contained the two forged bills of lading in respect of "40 bales cotton blankets ✗kc 6894/6933, via Durban, freight paid. I said something to Essen and he went away, the next morning he brought another letter from Grant and Ramus: "Dear sirs,—We much regret the delay and inconvenience caused by our not being able to hand you bills of lading of 40 bales cotton blankets shipped per steamship "Avondale Castle" to Durban, October 24, 1908, and beg to say we will pay any charges that are incurred by
the delay. Our Mr. Ramus is going to Antwerp to-morrow and will see the steamship company's agents, and get them to wire that bills of lading are coming by this week's mail. Assuring you that our best services are always at your disposal, and apologising for the inconvenience caused.—Yours faithfully, Grant and Ramus." I had made inquiries as to the genuineness of the bills of lading and had a detective waiting. We proceeded to Moor Lane Police Station. I swore an information and two hours later the prisoners were brought in and charged; I went before the magistrate the following morning.
Cross-examined by Grant. The 40 bales of cotton blankets are a portion of a contract I have for South Africa, which are to be delivered at Durban by a certain date. I have taken precautions to have the goods taken up at the other end; £29 0s. 3d. is the amount of the charges on the 40 bales, which have been sent to South Africa by Erfurt and Co., your agents by your instructions. You are liable to Erfurt's for the freight, and we are liable to you when you hand us the original bills of lading, which are the receipt for goods and freight. I do not owe you anything unless you produce the original bills of lading. I would have paid you the money had you done so. My clerk, Tucker, told me that you had called and asked for a cheque. He did not say that you had asked for a cheque which he could stop until you gave up the original bills of lading. Tucker is not in Court.
Detective HENRY BORD , City Police. On November 10 I went with Detective Dancer and Mr. Israel to 2, Market Buildings, Mincing Lane; on the third floor, room 164, was the name of "Grant and Ramus." I entered the room, saw the prisoners, and said, "Is Mr. Grant in?" Grant said, "Yes, I am Grant." Turning to Piercey I said, "I believe your name is Piercey?" He said, "Yes." I then called Dancer and Israel inside and said, "This is Mr. Israel and we are police officers. We have a youth named Essen detained at Moor Lane Police Station, who, on two or three occasions, has been to Mr. Israel's offices at Moorgate Street Chambers with a letter and two bills of lading purporting to be held by Grant and Ramus. Those bills are forgeries and you will be both arrested for attempting to obtain £29 0s. 3d. by means of those bills." They made no reply. I said, "I shall search your office." Grant said, "We would like the boy to be liberated. We will take all the responsibility." Piercey said, "Yes, he is innocent. I gave him the letter and the bills. He does not know the nature of the letter or the contents. I and he," pointing to Grant, "did it between us. Essen does not know there it anything wrong." I then asked Grant, "Is there a Ramus in the firm?" He said, "There is. I have not seen him for a month or six weeks, and I do not know where he is." I then took possession of a quantity of letters and a letter-book containing press copy of the letter, which has been read, of October 21. They were taken to Moor Lane, charged, and made no reply. Essen was liberated, and subsequently called as a witness. The prisoners were searched. Grant had no money upon him; Piercey had 1 1/2 d. On the following morning, on the way to the Court, Piercey said,
"I have been signing as Ramus." At the police station, before they were charged, Grant said that Piercey had been with, him about six weeks and was his clerk. They both gave correct addresses—they really had no lodgings but were allowed by a confectioner to sleep on some chairs at the back of his shop. Their office is a room at £25 per annum. I found there five letters from Erfurt and Co., Antwerp, to Grant and Ramus (produced and read, referring to the sale and shipment of blankets amounting to £78 13s. 5d., and demanding payment of £20, and approved bankers' bill for balance before delivering bills of lading).
Cross-examined by Piercey. You may have said you were going to Antwerp; you said you signed as Ramus.
H.J. ISRAEL, recalled. I knew Grant as representing the firm of Morcum, of Antwerp—he was formerly a clerk there. I did not know he had started in business on his own account, or that he had ceased to be a clerk.
HAMILTON BRUCE GRANT (prisoner, on oath). I am a shipping agent, carrying on business at 2, Market Buildings, Mincing Lane. We admit that these bills are duplicates—they are forgeries—but we had no intention of defrauding. We owed Erfurt and Co.£78 odd. We made arrangements with Erfurt and Co. for them to accept £20 cash and a bill for the remainder, and we could not do this because we had not the £20—we could not get the bills; Messrs. Israel would not hand us the money that they owed us because they had not the bills; so we did not know what to do; so we made out these forgeries to enable us to get the £20 so as to be able to give Erfurt and Co. the £20 and the bill in order to enable us to get the right bills of lading. Piercey wrote the letter to Essen. I did not know it was enclosed in the letter with the bills, but I should have agreed to it had I known. Of course, I knew it was not an honest way of getting money, but I had no intention whatever of defrauding—my only idea was to get £20 to enable me to get the bills. The transaction fell through because the agents in Antwerp refused to send the goods without the £20. I tried to get the amount from another person.
ARTHUR PIERCEY (prisoner, on oath). I remember Grant on October 22 going round to Messrs. Israel and asking them to give him a crossed cheque and stop it until he could hand them these bills of lading. I telephoned the next week to ask if Mr. Israel was up—he was not up. Grant sent Essen to a friend to see if he would lend him the money to enable him to get these original bills of lading, but he could not do it, so the bills of lading had to be got somehow. I did not do the whole of the forging. I did part of it and Grant did the other part. I wrote the letter to Essen, enclosed it in the envelope. I cannot dispute that Mr. Israel opened the envelope. As far as we were concerned, there was no intention to defraud. If Mr. Israel had paid us the money he would only have paid us really
what he owed us, because he has obtained the goods. I did not think anything about the forging. I thought everything would be in order in the course of two or three days.
Prisoners both repeated to the Jury that they had no intention to defraud; that Israel and Co. would have got the goods and would only have paid the freight due.
Verdict, Both guilty. Sentence: Grant, 18 months' hard labour: Piercey, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, December 9.)
Sentence. Twelve months' hard labour.
The parties live in East Street, Walworth. On November 4 Mrs. Winks, who was stated to be a hard-working woman, went out early to work, and, on returning home about half-past eight, found prisoner in bed and asked him if he was not going to get up and go to work. Prisoner, making use of the remark, "I will do you in!" jumped out of bed, went to his tool chest, and seized a pair of pliers, which he threw at his wife, rendering her unconscious and causing concussion of the brain. Prisoner had previously been convicted for assaulting his wife.
Sentence, Twelve months' hard labour.
Detective-sergeant VANNER stated that prisoner had no known relatives, and until 16 years of age was an inmate of the Foundling Hospital, whence she went into service. In the last four years she had had various places, from all of which she had been discharged for general dishonesty and disobedience and she had now been struck off the books of the institution.
Sentence, Six months' hard labour.
GIBBONS, Thomas (36, decorator), GIBBONS, Adelaide (36, laundress), and SQUIRES, Maggie (38. of no occupation) ; all feloniously wounding Edward Harris, with intent to cause him some grievous bodily harm. The female prisoners are sisters.
Mr. J.P. Grain prosecuted; Mr. Burnie defended.
ROBERT HARRIS . I am a porter engaged by a firm of estate agents and auctioneers in Red lion Street, Holborn, and prosecutor is my brother. I have known prisoners for some time. On November 4 I went to the South London Music Hall with a
woman named Ellen Bird. We left there about nine o'clock and proceeded to the "Flower of the Forest" public-house in Blackfriars Road. When we came out of the house I saw the three prisoners coming along outside the Surrey Music Hall. Thomas Gibbons was swinging something behind him; what it was I do not know. I did not notice that either of the women was carrying anything. Something was said which resulted in my going to Kennington Police Station. Afterwards I went to the "York Hotel" at the corner of Stamford Street with Ellen Bird, and across the road I saw my brother Edward. As I was walking towards him, on a sudden Tommy Gibbons rushes behind him and hit him with a hammer at the back of the head. My brother ran behind a motor bus, and with that Maggie Squires gets in front of my brother to stop him getting any further. Tommy Gibbons hit him again with the hammer at the back of the head. Then my brother ran away and as he was running past Ada Squires (Adelaide Gibbons) she pushed into his face something covered with a handkerchief and cut him across the nose. As the result of the two blows given by Tommy Gibbons. I noticed that my brother was bleeding from the back of the head. The prisoners Gibbons used threats towards me. Tommy Gibbons shouted out that he was going to have my life and Nell Bird's life that night, and Adelaide Gibbons said she would give us a bottle of vitriol.
The Common Serjeant said it was new material to know what it was that prisoners said to witness and Bird when they were alone, which caused witness to go to the police station.
Witness. Adelaide Gibbons said, "Go on Tommy; let it go; burn their eyes out." I do not think I then saw them with anything in their hands. I took my brother to St. Thomas's Hospital.
Cross-examined. I know there was a dispute between. Adelaide Gibbons and Bird on November 2. I was not there at the time, but I ran up with the crowd. I know it was at night time as I do not get home till eight o'clock. When I rushed up with the crowd Adelaide Gibbons was fighting with Ellen Bird in Mepham Street, a side turning near Waterloo Station. They were both on the ground when the police arrived. My brother was not there. I swear that he did not bring something down his sleeve and strike Adelaide with it two or three times on the head. I did not see Adelaide bleeding on that occasion. I took Ellen Bird home. In the fight they tore the things off her. I know Charlotte Morris, Adelaide's sister. She was not there the night I saw Adelaide Gibbons and Ellen Bird fighting on the ground. On the occasion of November 4, Tommy Gibbons did not ask why my brother had struck his wife. Nothing of the kind took place. It is not true that it was because of that inquiry that the quarrel between my brother and him arose. It is not true that they had a fight and that my brother in falling to the ground struck his head. If my brother had fallen down they would not have let him get up again. There were few people about when this happened. There is no tramcar traffic, and it being late at night there were few omnibuses about.
I have been employed by this firm for 2 1/2 years. Before that I was a marine store dealer. In December, 1902, I was in prison, where they were, convicted of poking a man's eye out. I had been convicted of housebreaking—not burglary—and sentenced to nine months' imprisonment.
Re-examined. I have been working for these auctioneers since I came out of prison. I have never been locked up since; it was my first and last time.
JOHN WHITE , plumber, York Road, Lambeth. I live close to where Robert Harris lives. I went with him on November 4 to the South London Music Hall. I came out with him and Ellen Bird about nine p.m. and went with them to the "Flower of the Forest." Edward Harris had been with us to the South London, but left us outside and went away. When we came out of the "Flower of the Forest" we saw prisoners. Adelaide Gibbons said, "Here they are." Robert Harris ran out into the road to two policemen, who were standing by the side of the music hall. About a couple of hours later I, Bob Harris, and Ted Harris were coming around the corner of the York Hotel. I stopped talking to a man who sells papers outside the hall, and Bob Harris and Ted Harris were walking in front. I saw Ada Squires (Gibbons), Maggie Squires, and Gibbons came out of the "York Hotel" bar. Then Tommy Gibbons struck at Ted Harris with something in his hand. Then Ted Harris ran across the road, and as he did so Maggie Squires tried to trip him up. Thomas Gibbons then ran after Edward Harris, and catching him up half way across the road, struck him again on the back of the head with a hammer. On the second occasion I saw it was a hammer that Thomas Gibbons had in his hand. Adelaide Gibbons ran round the front of a motor 'bus that had stopped there, but I did not see any more as the 'bus was between me and Harris and her. I saw that Ted Harris was bleeding from the back of the head.
Cross-examined. This occurred on November 4. I was first asked to make a statement to the police last week. I know the Harrises very well and we had been talking about this before I went to the police. They asked me to go to the police court, but I did not do so. I work for my father as a plumber. I have not done much work lately. I do not hang about public-houses. I was not close enough to hear whether Thomas Gibbons asked Edward Harris what he meant by attacking his wife. They were at the end bar of the "York" and I was at the corner of the street. Maggie Squires tried to trip Edward Harris up at the kerb and that is all I saw her do. I cannot say whether Charlotte Morris (brought into Court for identification) was present or not.
EDWARD HARRIS , 53, Belvedere Road, Lambeth, porter. I was out of work on November 4 and had been for some time. On that day I went with my brother Robert Harris and Ellen Bird to the South London Music Hall and I left about five minutes to nine with my brother, Ellen Bird, and Jack White. From there I rode to Camberwell Gate with a friend. Later on I found myself outside the "York Hotel" at the corner of York Road and Waterloo Road, where I had
arranged to meet my brother. As I was walking towards him I felt a blow at the back of my head. Looking round I saw Thomas Gibbons. Four women, the two prisoners, and two others made a rush, all trying to get at me. I tried to get away as best I could and ran to the back of a motor 'bus. As I did so Tom Gibbons ran after me and I received another blow on the head on the off side of the motor 'bus. Ada (Adelaide) Gibbons rushed in front of me and put something under my nose and cut it. I do not know what it was she had as it was covered up. I ran across the road and held on to some railings till I recovered. When I met my brother he said I was covered with blood and had better go to the hospital and I went there with him. After I had had my wounds dressed I went home. I have known Tom and Ada Gibbons about eight years, and Maggie Squires since last Christmas. I have never had any trouble with either of the three prisoners. I was present at the police court when the woman Morris was called for the defence. I had known her before to be a sister of the two female prisoners. We had always called her Squires. I was not present When there was a quarrel between Adelaide Gibbons and Bird on November 2.
Cross-examined. On Monday, November 2, I was somewhere in the neighbourhood of Mepham Street about 11 o'clock, but did not see Adelaide Gibbons and Bird fighting on the ground. I did not bring something down from my sleeve and strike Ada on the head with it two or three times. As far as I am concerned that is all invention. I am here to tell the truth. I had no quarrel with Charlotte Morris. I saw her as a witness before the magistrate. I say that all she says is untrue. As to what I do for a living, I do work when I can get it. For three years I managed the "Scarborough Hotel" in the Euston Road. That house was never a brothel. I was fined for keeping a brothel. I never kept a brothel near Cornwall Mews, Cornwall Road. Seven years ago I was fined 20s. for frequenting a brothel; I did not keep it. I was there for two weeks. What I mean by frequenting is that I went there and did odd jobs for them. I lived at 48, Broad Wall at the time. Me and my brother lived together. I was sent to prison for six weeks for keeping a brothel in Bidborough Street, near King's Cross. After that I went to America and came back on December 5 last. I do any work I can get. I have worked for my brother occasionally this year. On this Wednesday (November 4) Tom Gibbons and I did not have an up-and-down fight upon the road; there was no cause for it; we have always been on good terms. I did not fall and knock my head against the ground on against a lamp-post. I was not injured at the back of the head in that way.
Re-examined. I had no quarrel with either of these three persons. I have been on the best of terms with them.
ERIC FYFFE , casualty officer. St. Thomas's Hospital. I examined prosecutor when he was brought in. He was suffering from a contused wound at the back of the head and an incised wound at the top of the nose. There were also signs of concussion. The wound at the back of the head was such as might have been caused by some
blunt instrument, such as a hammer. The wound was bleeding considerably; it was in a dangerous position and a serious wound. The wound on the note was such as would be caused by some sharp instrument; it was stitched up.
Cross-examined. The wound at the back of the head might have been caused by a fall on the sharp edge of a kerb, but I think the wound on the nose could not have been so caused.
ELLEN BIRD , single woman. I am living with Robert Harris. I know all three prisoners. After I left the South London Music Hall on November 4 with Harris and others, I saw prisoners by the Surrey, making towards us. Thomas Gibbons had something in his hands, which he held behind his back. Ada Squires said, "Go on, Tom; let it go; burn them." Me and Bob Harris got away from them and went to the Kennington Lane Police Station to report it. We met Edward Harris outside the "York Hotel" about an hour afterwards. Tommy Gibbons rushed out of the end bar of the "York" and hit Edward Harris on the head with something. I saw Maggie Squires get in front of Edward Harris and try to trip him, and I saw Ada come in front of him and hit him with something which struck his nose. Ada Squires said she did three years for knocking a man's eye out, and that she would do three for me and give me some vitriol. Edward Harris was taken to the hospital.
Cross-examined. I remember that on the previous Monday Ada and I had a fight. We were fighting on the ground. Edward Harris was not there and did not strike Ada Gibbons on the head two or three times. Thomas Gibbons did not on November 4 ask Edward Harris what he meant by attacking Ada. Thomas Gibbons and Edward Harris did not fight and the latter did not injure his head by falling to the ground. Three or four women rushed at Teddy.
Detective-sergeant TONBRIDGE, L Division. At quarter past seven on the evening of November 21 I was in Camberwell New Road with Detective Hawkes and there saw Thomas and Adelaide Gibbons. We had not warrants in our possession, but we knew warrants were out. I told Adelaide Gibbons the charge; she made no reply. On the way to Kennington Road Police Station she said, "It is six of one and half a dozen of the other." That is all she said material to this matter. I had nothing to do with the arrest of the other prisoner.
Detective-sergeant HAWKES, L Division. At a quarter past seven on November 21 I was in company with last witness and took charge of Thomas Gibbons. I told him I was a police officer and should arrest him on a warrant for wounding in Waterloo Road. He replied, "I know nothing about it. I have been away from that neighbourhood for about three years." I then arrested him and conveyed him to Kennington Road Police Station, where he said, "Can you tell me who has got the warrant out?" I replied "Edward Harris." He then said, "it is all Bobby Harris's doing. I know all about it now. It was in the Waterloo Road. I bashed him in the jaw and smashed him up against the urinal." When the charge was read over to him he made no reply.
Detective ALBERT EVE , L Division. On November 21, about a quarter to eight, I saw Thomas and Adelaide Gibbons at the policestation and read the warrant to them. Gibbons said, "They are b—s to get warrants out for us. If we had not done it on them they might have done it on us." Ada said, "I will give them warrants. I would chew their b—y heads off if I had them here now. They only got what they asked for." The charge was then formally read over to them; they made no answer. At half-past 11 on November 23 I saw Maggie squires outside Tower Bridge Police Court and told her I should arrest her for wounding Edward Harris. I took her to the police station, where she was charged. She said, "I gave him a 'looper' (a blow). If I had known I was wanted I would have done him in outside the Court this morning."
CHARLOTTE MORRIS wife, of John Morris, newsvendor, Cornwall Road, Lambeth. I am the sister of Adelaide Gibbons and Maggie Squires. I remember the fight on November 2 between my sister Adelaide and Ellen Bird. It began as a stand-up fight and was finished on the ground. Edward Harris was there. The women would not part, and I saw Edward Harris hit my sister Ada at the back of the head twice or three times with something he took from his sleeve; I could not see what it was. After she was struck her head was smothered in blood. Me and Maggie took her to St. Thomas's Hospital, where her head was stitched. A night or two afterwards Thomas Gibbons met Edward Harris in the Waterloo Road, and asked him why he had struck his wife (Adelaide Gibbons) on the head. Teddy made no answer and the two men began to quarrel, and Harris struck his head against a lamp-post in falling. Then the police came on the scene and the crowd dispersed. Amongst the women who were present were Rose Wall, Catherine Pointer, and Jane Condon. They are not here as witnesses to-day. They are afraid to come.
In cross-examination, witness denied that Maggie Squires tried to trip Edward Harris when he was running round the omnibus.
Mr. Burnie for the defence submitted that there was no evidence against Maggie Squires, and, on the authority of Regina v. Torpey (12 Cox, 45) that Adelaide Gibbons was not acting independently, but was under the coercion of her husband.
The Common Serjeant overruled the objection.
Verdict, Thomas Gibbons and Adelaide Gibbons Guilty of unlawful wounding; Maggie Squires, Not guilty.
Thomas Gibbons confessed to a previous conviction.
Detective FREDERICK PEACHEY , L Division. On December 10, 1902, I was present at South London Sessions when Adelaide Gibbons was sentenced to three years' penal servitude and three years' police supervision for maliciously wounding by striking a male person with an umbrella and knocking his eye out. She had previously been convicted of wounding several times.
Detective-sergeant CORNISH, L. In addition to the conviction which has been proved against Thomas Gibbons, there are 12 other
convictions, five for larceny from the person, five for attempted larceny, one for assault, and one for wounding. For wounding he got 18 months, and man and wife were convicted together, that being the occasion when Adelaide Gibbons got three years. All the convictions against Adelaide Gibbons are for wounding. On July 27, 1907, she was convicted at this Court for throwing vitriol.
Prisoner Adelaide Gibbons. I am innocent of the vitriol.
Sentence, Thomas Gibbons and Adelaide Gibbons each Five years' penal servitude.
BEFORE JUDGE RENTOUL.
(Wednesday, December 9.)
Mr. C.G. Moran prosecuted.
Detective FREDERICK HUTTON , City Police. At 5.20 p.m., on November 26, in Bishopsgate Street Without, I saw prisoner go up to another man and show him this ring. After a conversation, the other man went away. I spoke to him and, consequently, followed the prisoner to Liverpool Street, where he stopped a second man and offered him the ring. They parted, and the prisoner, going a little further up the street, stooped quickly down and came up as if he had found the ring on the ground. A young man saw the action and got into conversation with prisoner. Both examined the ring by the light from a jeweller's window, and they parted. Prisoner returned to Bishopsgate Street Without, where he offered the ring to a sailor in uniform, who went away. I then spoke to Detective Burgess, who took his stand near Acorn Street. Prisoner walked up to him and, together, they entered a public-house. In a few minutes I received a communication from Burgess, and when they left the hotel I arrested the prisoner, who, in reply to my charge, said, "I did not drop the ring." It is a brass ring, set with glass.
Cross-examined. The four men to whom you spoke before you met Burgess are not here. They did not wish to prosecute.
To a Juror. Prior to meeting Burgess, I spoke to all but one of the men whom prisoner conversed with.
Detective JOSEPH BURGESS , City Police. In consequence of what I heard on November 26 from Detective Hutton, I walked down Bishopsgate Street to Acorn Street, where I stood at the corner public-house, the "King's Arms." Prisoner came along, and after some conversation invited me to have a drink. I had to pay for the drinks. In the bar he said he was a sailor, that on the voyage home the black cook had stolen his sea boots and some clothing, and that he had therefore stolen the cook's 18-carat gold diamond ring, which he had taken to a jeweller, who had offered for it no more than the price of old gold. Prisoner showed me the ring and said. "It is 18-carat gold and hall-marked; it is a lovely diamond. He took
from the counter this glass, which he scratched with the supposed diamond. He said, "As you have done me a good turn in paying for the drinks, you shall have it for 5s." When we came outside Detective Hutton took him into custody. The ring was found on him. It is a common brass ring with glass setting and is stamped inside, "22-carat gold cased."
Cross-examined. You did not tell me that you found the ring near the Monument at Billingsgate.
JAMES HIGGINS (prisoner, not on oath). I belong to Newcastle-on-Tyne. I was down at Billingsgate the whole day, carrying fish. Coming away from Billingsgate there is a big, tall monument, where I picked up this ring, which looked a good one. I went to Liverpool Street, where I spoke to only one man, a sailor, because I have been in the Navy myself. I asked him to buy a packet of postcards. I never spoke to another man till I spoke to Detective Burgess. We went into the "King's Arms." He paid for the drinks. I said, "I have a ring I found at Billingsgate, beside the Monument. You have stood me a drink. The ring is marked inside. Let me have five 'bob' for it." I did not say it was hall-marked. I did not know what it was.
Verdict, Guilty. A long list of previous convictions was proved.
Sentence, Six months' imprisonment.
GOLDBERG, Louis, and GOLDBERG, Aaron; obtaining by false pretences, from Ernest James Bolton, on October 12, 1908, a quantity of cloth and 10 pieces of sateen, and on October 20, 1908, 20 pieces of sateen, with intent in each case to defraud; obtaining credit by means of fraud in incurring the said liabilities.
Mr. Huntly Jenkins prosecuted; Mr. George Elliott defended Louis Goldberg, and Mr. Curtis Bennett defended Aaron Goldberg.
ERNEST JAMES BOLTON , manufacturers' agent, 17, Coleman Street, City. I am agent for J.C. Wood and Co., of Bradford, and Luke and Co., of Manchester. On October 2 I was introduced to Louis Goldberg, and on same day called at premises, 21, Paper Street, where a business was carried on under the style of J. Goldberg and Co. I showed prisoners some pieces of cloth, of which they selected eight. I asked for cash against invoice, but Louis said they would give me cash in 30 days; that they wanted the stuff to complete a contract for J. Compton and Sons, Tower Hill, wholesale clothiers and army contractors. I believed this, and accepted this order; terms, 30 days; price, about £58. I sent on the order to Wood and Co., but in consequence of their reply I called again at 21, Paper Street, and saw Aaron, who said he would give me cash in seven to 10 days. The goods were delivered. I afterwards received on behalf of Luke and Co. written orders for 10 pieces of sateen, £8 10s. 2d., and 20 pieces, £16 11s. 3d. Both were delivered to "J. Goldberg and Co." On October 20 I called again at 21, Paper Street and complained
to Aaron that Wood and Co. had not received cheque. He said he was waiting for his brother to sign it, together with cheque for Luke and Co., and that both would be sent off the same night. Next day I went again and found the premises closed. The goods had not been paid for. The premises were practically empty, though on the 20th they had contained a good stock. Neither prisoner had said a word to me about leaving the premises. After inquiries at J. Compton and Sons' I took out a warrant.
Cross-examined by Mr. Elliott. I did not know that prisoners did business in mantles only, nor even that they sold mantles. I am sure that Compton and Sons are not mantle manufacturers.
(Thursday, December 10.)
ERNEST JAMES BOLTON , further cross-examined. This card states that Goldberg and Co. were mantle, skirt, and costume manufacturers, but I believe that on the shop door were some such words as "Manchester goods dealers." I do not know that prisoners' father, in association with a Mr. Goodman, did contract work of J. Compton and Sons.
FREDERICK COMPTON , partner in firm of J. Compton and Sons, clothiers and army contractors, Tower Hill. My firm has not had any dealings with J. Goldberg and Co. A man named Goldberg, who, I believe, was the father of the prisoners, was at one time employed to make goods for my firm.
Cross-examined. Goldberg, sen., was so employed for a good many years. Aaron used to bring in the goods for his father, a working tailor, who made up our own material.
FRANK HEBDEN , agent, 17, Coleman Street, City. Early in September I, in company with Mr. Bolton, met Louis Goldberg, who had told me he was a partner in J. Goldberg and Co. On October 2 Bolton and I went to prisoner's place of business, Paper Street, and saw prisoners. Louis picked out a few patterns of cloth and said, "I will give you an order for those; just the stuff we want to complete a large contract we have with Compton's, of Tower Hill." Bolton said, "My terms are cash against pro forma invoice." Argument followed because they wanted a month's credit, and when Aaron repeated the statement that the goods were required for Compton's, Mr. Bolton said, "I will sand it on at the month. Give me your order.'
Police-constable REUBEN HENRY , 374 City. At about 9.20, on October 20, at 21, Paper Street, I saw four or five men loading a van with what appeared to be rolls of cloth. I did not see either of the prisoners.
Mr. Elliott submitted that the case could not proceed. Counsel for prosecution had opened to the jury counts charging offences against Mr. Uhlmann and Mr. Goring, on which offences prisoners had not been committed, there being no suggestion in Uhlmann's and Goring's depositions of any offence similar to that committed on Bolton, or of fraud sufficient to constitute "system," or of any offence whatever.
Judge Rentoul (after consultation with the Recorder) ruled that the case must proceed. Application to quash the indictment should have been made before the prisoners pleaded, and prosecuting counsel should have been warned before he opened on the counts objected to. The jury would be iustructed to put this argument out of their minds, and Uhlmann and Goring had better not be called.
JOHN RICHARD TESTER , partner in Albu and Tester, 10, Roberts Lane. On September 29 I sold to prisoners six pieces of cloth for £48 0s. 1d., delivering goods on same day. On October 20 I called at their warehouse, which was locked up. Ten days previously they had promised to pay me on October 20. On the same day I saw Louis, who promised to let me have cheque on the 21st. Not receiving the cheque, I went again to the warehouse, which was still closed. After waiting five or 10 minutes I saw Louis, who promised that either he or Aaron would bring me cheque at noon that day. I called again three or four times. I saw no more of prisoners.
Cross-examined. I inferred that prisoners were the firm. I did not know that the business belonged to their mother. From the prisoners I had previously received about £500, either personally or for my principal.
ARTHUR JOHN RICHARDS , cashier to J. Newberger and Co., City. My firm's credit is for £267 for goods delivered between August and October, for which amount we held bills. Prisoners have told me that they were sole proprietors of the business at 21, Paper Street.
Cross-examined. I should think my firm has received from prisoners about £1,000.
JOHN BOWMAN , agent, 6, Lawrence Lane. Prisoners were introduced to me as the entire firm of J. Goldberg and Co. At Louis Goldberg's request I sent him a piece of cloth on Monday, October 19. He had promised to pay me on the first Friday after the 19th. I have not been paid.
SYDNEY DRIVER CUNNINGHAM , clerk in Mile End branch, of London and South-Western Bank. In March, 1907, Jane Goldberg opened an account in the name of J. Goldberg and Co., cheques to be signed "J. Goldberg and Co.," by either of the prisoners.
Cross-examined. I understood that the money at the credit of the account belonged to Jane Goldberg.
HENRY PERCY FRYER , ledger clerk to Foster, Porter, and Co., Wood Street. In July, August, and September last my firm purchased from J. Goldberg and Co. goods to the value of £1,423 odd, which were paid for.
Detective-constable WILLIAM NEWELL. In company with Inspector Murphy I arrested prisoners at 22, Osborne Street, Whitechapel. After the arrest I went to their wareroom at 21, Paper Street, but could not find there either goods or furniture. Some of the goods were traced to a Mr. Rounsefell, to whom they had been sold.
JOHN JAMES WESTCOTT , managing clerk to City Lands Investment Corporation, produced an agreement for the letting of first floor, 21, Paper Street, on a three years' tenancy, to Aaron Goldberg. On October 30 the premises were vacated without notice and without payment of rent, which, however, was paid subsequently, and the tenancy was determined by consent.
Both defendants pleaded guilty on the third count: incurring a debt and liability to Ernest James Bolton and J.C. Wood and Co. amounting to £54 0s. 7d., by means of fraud other than false pretences.
Judgment respited to next Sessions.
BEFORE MR. JUSTICE SUTTON.
(Thursday, December 10.)
Sentence, Six months' hard labour.
Mr. Muir and Mr. Leycester prosecuted; Mr. E.C.P. Boyd defended (at the request of the Court).
JOSEPH WILLIAM DENTON , steam tug engineer. I am from home a good deal and have been working lately on a 24 hours' shift. The deceased was my wife. I was married to her 11 1/2 years ago at St. Lawrence, Brentford. We had five children and lived at 71, Lingfield Road, Isleworth, till October 13 last. I have known the prisoner 16 or 18 months. I then discovered he was visiting my wife. I cautioned her and waylaid him outside the "Red Lion" public-house. He took no notice, and I knocked him down and asked him if he was aware that my wife had been in an asylum and we had little children, and she had quite enough to do. I asked him not to treat my wife or visit her, which he promised not to do. I cautioned him on three different occasions. I found him and my wife had been drinking together. In consequence of this I ceased to live with her on October 13. I cautioned him again two or three times. She continued to live at 71, Lingfield Road. I left my furniture there. I took my box and clothes away and machine and allowed her £1 a week. I also took my eldest son.
Cross-examined. We never lived together again. I visited her once.
CHARLOTTE PRIOR , wife of Thomas Prior, 31, London Road, Brentford. Prisoner lodged at my house for three weeks. He worked at East Molesey. He was often out all night and was on Friday, October 30. I only saw him under the influence of drink once, the Saturday he came to me.
Cross-examined. Prisoner was a stranger to me when he came to lodge with us.
AMY BROWN , single woman, 71, Lingfield Road, Isleworth. The deceased was my landlady. I moved there about the end of June. I knew prisoner and had seen him there the Friday night before the occurrence and perhaps a dozen other times. The deceased was aged 29, she told me. I saw prisoner in the kitchen with the deceased on the Friday about eight o'clock. He was sitting at the table, and Mrs. Denton standing by the said. I got a pint of porter for her. I went to bed about a quarter of an hour after in the front room on the second floor. I don't know where the deceased slept. As a rule, she slept in the next room to me. I heard nothing during the night. I got up about 8.30 the next morning. I met Mrs. Denton on the staircase. I did not see prisoner. I went out about 9.45 and met him about 10.15. I was in the sweetstuff shop in our road and he was passing. I ran out and said, "I want to speak to you." We were then outside the "Castle," and I said, "You had better come in. Will you have a drink?" He said, "A drop of Irish." We went in and both had a drink. I said, "Have you been down home?" He said, "I have been there all night. I was there when she had that baby." What he meant I don't know. He drank his whisky and went off as quick as he could towards Brentford. He was not drunk, but looked as if he had been drinking. That is the last I saw of him until the inquest. There was nothing strange about him except that he had no collar on and was very hurried. Mrs. Denton was talking to prisoner of moving to a Mrs. Dickinson's house in the Thornbury Road about a week before. He said, "You shall not go there." She said, "Then you had better go and take a little house for me." He made no answer.
Cross-examined. I knew prisoner was on friendly terms with deceased. She did not seem very fond of him. She did say on one occasion that the only happy hours she had spent had been with him. I never saw him ill treat her and I did not see any signs of ill feeling between them. I should say the whole of the quarrel must have been very sudden. Prisoner was very anxious the deceased should not go to Thornbury Road, as I believe he thought it a house of bad repute. His statement about the baby I did not understand, and when I came to think of it I thought there must be something peculiar about him. Mrs. Denton at times took too much drink. I never saw prisoner the worse for it, though I have seen he has been drinking, but not really drunk. I knew as early as 8.30 that prisoner had been having drink.
Re-examined. I think his youngest child is 14 months—she slept With her mother as a rule. She was called "Baby." I did not know that prisoner slept with Mrs. Denton. She had two rooms upstairs and there would be two rooms downstairs.
LUCY THORNTON , wife of William Thornton, 67, Lingfield Road, Isleworth. I knew deceased and saw her about 9.15 a.m. on Saturday, October 31. She was quite sober. she seemed rather excited because she had had a few words with the upstairs lodger, Mrs. Brown. About 10.30 the same morning Mrs. Denton's little girl came to me when I was at my street door and said, "Oh, mother's head is cut off!" or something to that effect. I went in and found Mrs. Denton lying in the front room on the floor by the side of the sofa on her back. I saw blood on her throat and congealed blood on the floor. I went for a nurse and a doctor.
Cross-examined. I had seen her as recently as 9.15 that morning. She did not complain of the prisoner's conduct.
WILLIAM DANIEL THORNTON , coal carman. About 10.30 or 10.45 I was called to Mrs. Denton's and found her lying on the floor with two wounds in her throat. After the police and doctor came I went into the back kitchen, and on the dresser table there was this carving knife (produced). I picked it up and noticed blood on it. I handed it to the police-constable.
Dr. FREDERICK DANDLE , divisional surgeon, Isleworth. I was called to the deceased at 71, Lingfield Road on October 31. She was lying on a couch and had four wounds across the neck and was suffering very much from collapse. The first wound was high up on the right side, just below the ear. That was a stab and was about half an inch deep. The others were at a lower level, more in the nature of scratches—vary slight cuts. The wounds might have been produced by this knife (produced). The wounds would not account for her collapse, which intimated some other injury, of which there were no external signs except slight bruises. The woman made a statement to me and she was taken to the infirmary. At about 7.15 that evening I was called to the police station, where I saw prisoner. He was in a dazed condition and appeared to be recovering from the effects of drink. He said, "I wish to tell you all about it." Then his head went forward on his chest and he mumbled two or three words and he finished up with "Going to a brothel (those words I heard distinctly), so I twisted her neck back over until she got blue in the face and then I felt all queer and ran and got a knife and dagged her in the neck."
Cross-examined. None of the wounds were dangerous—three were mere scratches. The knife would not be likely to cause a deadly wound unless used with terrible force—it is not very sharp; I could not examine the woman's spine at the time. She was not heavy—about the average. Prisoner said he could not be left in his cell at night. I saw him at 7.15. He was then dazed, and suffering from recent intoxication. I do not know from his showing these extraordinary signs at seven in the evening that he must have been drinking heavily a considerable time. I have given you his statement to the
best of my knowledge and belief. I made a note of it at the time. I did not catch what he mumbled. If you call 99 per cent. of the statement a fragment, I suppose I must allow it is a fragment; but I only lost two or three words. It was clear that some conversation he had with the woman about a brothel led to this quarrelling.
Police-constable WALTER TIMMS , 401 T. I was called to 71. Lingfield Road, on the morning of October 31, and removed the deceased woman to the infirmary. The knife produced was handed to me by the witness, Thornton.
Dr. EVERARD EDWARD NORTON , medical superintendent, Brentford Union Asylum. At 11.14, on October 31, deceased was brought to the infirmary, suffering from collapse and wounds on the throat. In the course of the first few hours I discovered an injury to her spine, from the result of which she died. On November 3, about 8 a.m. I made a post-mortem examination and found she died from the separation of the sixth and seventh cervical vertebrae✗; of the neck, or injury to the spinal cord. Those injuries might have been caused by a man twisting the woman's neck with his hands, if extreme violence were used. I saw prisoner on the evening of the same day. He was in a state of excitement and anxiety. He was aware of the circumstance that I had the deceased under my care, and he expressed anxiety and excitement as to the whole affair, which was quite natural. I saw him on the night of the 31st, about 10 hours after the occurrence. It would be correct to describe him as suffering from the effects of recent alcoholism, and it was obvious he had been drinking very heavily. Of course, I should like to make it clear that his excitement was due, also, to the fact that he had been drinking. Drink, in the case of a man who suffered from syphilitic gumma on the brain would have a more serious effect than on a man in normal health, and he would be more likely to lose all control. In regard to the wounds on the neck they were by no means serious—mere scratches, with the exception of one. A man of ordinary strength using this knife could, with tolerable ease, have inflicted very much more serious injuries than those that were present. The wounds had absolutely nothing to do with her death. She was what I should describe as a wellnourished woman. The injuries from which she died were obviously not caused by any weapon. The injuries inflicted with a deadly weapon were trifling, and those inflicted by the hand were deadly. She died from paralysis following on a fracture of a portion of the neck. It might have been caused by sudden violence in the nature of a jerk. Force was undoubtedly exerted in such a manner as to push the head backwards from the trunk. I think the force I have mentioned, acting in that direction, was probably not an absolutely direct one, as it was to a certain extent a torsion. I do not mean that it was absolutely backward, but more likely with a certain amount of twisting movement as well. By torsion I mean twisting. It would be in any case an extreme degree of violence. A syphilitic gumma is a growth of the nature of a tumour which may be small or large. It could not be very large because it would kill before attaining a very large size. A growth of that
kind will pass away under treatment. From February, 1905, to October, 1908, the growth should pass away, if the patient were under proper treatment. If he remained under treatment from February, 1905, it should be well before the end of the year. As to the symptom of giddiness, it would depend which part of the brain was implicated. In some parts of the brain the only symptom might be giddiness; in other parts of the brain there would be other symptoms present. In the cerebellum giddiness would be a very marked symptom, and possibly might be the prominent symptom. In regard to syphilitic, disease, supposing a man to be addicted to drink, he would be a particularly bad patient and would be less amenable to treatment. Unless he remained a longer time under treatment than an ordinary patient generally, a return would be probable.
Sergeant WALTER PALMER , 43 X. I was in charge of the Hanwell Police Station at 10.55 a.m. on October 31 last, when prisoner came in and said: "I have a serious charge to tell you. I have killed a woman, Frances Elizabeth Denton, at 71, Lingfield Road, Isleworth." I cautioned him and he said, "It is true—too true. I did not want her to go to a brothel and I got the knife to her. I slept with her last night and she wanted to go to a brothel. I caught hold of her by the neck and she turned blue in the face. I went in the kitchen and got a carving knife. I have slept with her two nights a week for the past three years. I had two pennyworth of whisky and we had a pint of porter between us. After I had done it I got on a car and went to Brentford Bridge, and then walked along the towing-path and was going to throw myself in the canal, but I thought I would face it out or they would say wrong things about her. "He then collapsed and seemed to lose the use of his feet, and would have fallen if I had not supported him and helped him to a chair. He recovered sometime after, and I read what I had written down and he signed it. He then said, "I did not have the whisky with her; I had it after I left her, in the 'Castle.'" He was in a very distressed condition, suffering from excessive grief. I did not see any signs of recent drinking about him.
Cross-examined. I took his statement in my notebook. I have it here. He did not say anything to me about twisting her neck round or anything of that sort.
Dr. GEORGE HOPE , Hanwell. On the morning of October 31 I was called to see prisoner at Hanwell Police Station at about 11.20. He was very depressed and complaining that he felt very bad and that his head was aching very much. He was suffering from general depression and nervous prostration, from a drinking bout. He said he had some whisky and stout in the morning. That is a mixture likely to produce headache. I noticed some blood smears on his right hand. I began to examine his clothes when he said, "The deed was done before I put my clothes on." I saw him again about one p.m. He was still restlees and complaining of his head.
Cross-examined. It was quite obvious to me that he had been drinking very heavily and had, in fact, been drunk some time previously. He had all the appearances of a heavy drinker.
Detective-sergeant WILLIAM HALESTON , G Division. I went to Hanwell Police Station at about two o'clock on October 31 and saw prisoner. He knew me and spoke my name. I told him I should convey him to the Isleworth Police Station, where he would be charged with the attempted murder of Frances Elizabeth Denton. He made no reply. He seemed to be dazed and almost collapsing. I took him to Isleworth in a cab, when he said, purely voluntarily, "I am sorry to have disgraced myself like this. After I had done it I went on a car and went to Brentford and walked along the towing path and was going to throw myself into the water, but I thought it better to face it out as they would be saying wrong things about her." When I got to Isleworth I charged him formally. In reply to the charge he said, "I choked her because I did not want her to go to a brothel. I did not do it with the knife until afterwards. I told her she should not go to that brothel. She said, "I defy you; I will go." I then caught her by the neck and we fell on the floor. When I found her blue in the face I got the knife and made a dag at her throat. After seeing the blood I got my coat and left the house."
Cross-examined. I had made inquiries about prisoner, and, apart from the question of drink, he has been a hard-working and respectable man. He has been employed for 18 years by Messrs. Ladbroke and Son, of Kew; first as an ordinary labourer and subsequently as foreman. I believe he has been for many years addicted to drinking. I was the second officer who had seen him about four hours after the occurrence.
Cross-examined. I searched the house of the deceased woman and found five empty gin bottles, two quartern empty spirit bottles in the room. Also a quartern bottle and a half-pint bottle in the middle room downstairs. In the front parlour there was a whisky bottle with a red label that had malt liquor in it.
REGINALD KEMP , deputy-coroner for West Middlesex. I held an inquest on deceased on November 6. The prisoner gave evidence. This is his deposition: "In the morning she was wrangling with the lodger. The lodger left and the deceased said, 'Come in, Dan, she has gone out now. 'I left my coat and vest and hat and tie upstairs, and the little boy went to fetch a pint of porter. She said, 'Are you going to help me to move?' I said, 'No, you shall not go to that brothel.' She said, 'I am; I defy you.' She had been drinking, and she said. 'It is better for me to go and get over the winter months.' I caught hold of her and we fell to the floor. I squeezed her throat till she was blue in the face. I lost all control of myself. I did not know what I was doing. With that I went to get my coat, vest, and hat, and on going downstairs I saw a knife in the kitchen. Suddenly. I rushed back into the room and made a dag at her. Blood flowed from her; it frightened me. I got on my knees and kissed her twice. I got my clothes and ran out of the house, and was going to walk
towards home. Miss Brown called me. I did not know where I was. She said, 'Dan.' I came back and jumped on a car, and my mind said, 'throw yourself into the canal.' I decided to face it all, as things would be said against her. I then gave myself up. I had been drinking heavily. We had three quarterns of gin and five or six pints of porter. I had been drinking all the afternoon and evening."
FLORENCE DICKINSON , 12, Thornbury Road, wife of Thomas Dickinson. My husband is employed in the London United Tramways Company and has been for seven or eight years. I agreed to take the deceased as a lodger with her children. Mine is a respectable house.
DANIEL BURKE (prisoner, on oath). I am 46 come January. For the last 19 years I have been employed by Messrs. Ladbroke and Son, of Kew. I have never had any complaint made against me, bar some trouble about a couple of drinks. some years ago I contracted a disease that attacked my brain and I was attended by a nurse and doctor. I have been suffering for 30 years from the kidneys and falling about. If I had any drink it used to tell on me. Four years ago I consulted Dr. Gubbings as to the giddiness and syphilis. I had to go like for to squeeze my head at times when giving my orders and the pain has caught me. I have been addicted to heavy drinking since I was about 17. I used to stop away two or three days at a time when I thought I would have a drinking bout, but I never made a practice to drink at work. For the last three years I have been on friendly terms with deceased, and about 2 1/2 years ago I started going to the house with her—an improper intimacy. She used to come to meet me at the works on a Saturday, when she had time of her own. She separated from her husband in October, and after her separation I used to sleep with her two or three nights a week. There could not have been a more loving couple than we were; she wanted me to go and live with her. altogether. We never had a quarrel till this particular day. She arranged to go to some other lodgings, to which I objected, because I had a duty and I thought it was not a proper place for her to go to, as I believed it to be the resort of prostitutes. She wanted me to go there with her and told me I could have part of the rooms with her. I had previously objected to it in front of Miss Brown. On October 30 last I had been drinking all that day, without food, till night time. I went to her house that night and slept with her. We had nine quarterns of gin and a quartern of whisky in the night and morning, and five or six pints of porter. We had no quarrel that night or when we woke in the morning. We then had two or three quarterns of gin in the sliproom. When it got daylight we went in the sliproom, away from the children, and stopped there till she called me downstairs. When I came downstairs I had some whisky and a share of a pint of porter; she was also drinking. Miss Brown went out, and we were together again; she called me downstairs and said, 'Dan, she is gone; you had better come down here now.' I went down to the front room. She asked me, was I going to help
her move, and I told her I should not—that she should not go to that house, and told her the reason—that it was not a proper place to go to with her children. as I had heard enough of the woman and seen enough of her house. She said, 'I am going; you can come with me.' I said: 'I won't go, and you shan't go.' She said, 'I defy you.' I made a rush across the room towards the sofa, I caught her by the neck and made a dash at her, and said, 'You shan't go,' and, having double strength when I was in drink, we both fell to the floor as I made a dash at her. I certainly had no intention to kill her. We loved one another too much for that. I would not have hurt a hair of her head or done her any injury, and everybody knew that in the street. I did it on the impulse of the moment and when I saw her blue in the face I did not know what had become of myself. I made a rush to go and get my clothes upstairs, my coat, vest, collar, and hat; and coming out of the room to go upstairs, the kitchen was in front of me, and I saw a knife on the table, and a sudden temptation came over me—a feeling that I did not know where I was. I rushed back into the room and made a dag at the woman; I lost all control of myself. I knelt down and kissed her and got my clothes. I felt like a man on live wires and did not know where I was. A sudden feeling came over me to go and drown myself, but I thought I would not afterwards, but would give myself up and face it out."
Cross-examined. I had no intention. We were kissing and larking about within a second or two of this. I lost control of myself. It was her being blue in the face that turned me. I would ask her not to go to that brothel—I could not stop her. The woman came to me for protection and asked me to look after her. She said, "I defy you," and then I suddenly caught her by the neck and we both went on the floor. I don't remember squeezing her neck. She said, "It is better for me to go and get over the winter months," because she was paying 9s. a week for her house, and she thought if she went to that house she would get a room for 3s. a week and save during the winter, as she would not go back to her husband any more. I thought she was going to a brothel for the winter. She told me that with her own dying lips. I don't know whether you call that squeezing her throat, putting my hands on her neck and falling down. I believe I said before the coroner, "I squeezed her throat till she was blue in the face." When Dr. Dendle came to me I was under collapse and did not know what I said to him. I said on October 31, when I was charged with attempted murder, "I choked her because I did not want her to go to a brothel." I remember going into the "Castle" with Amy Brown and having twopennyworth of whisky. What she says I said about the baby was also a misunderstanding. I said, "I was holding the baby while she was having a few words with her lodger" (Miss Brown). I had left her for dead when I gave myself up. I was frightened. I never thought of doing such a thing. I was like a man on live wires. When I thought of drowning myself I stopped because I thought people might say wrong things of her. I meant they might think she had done it herself. She had a bad name with some of them.
Re-examined. I did not say before the coroner that I intentionally choked her. On her dying bed I asked her to kiss me and she did—I asked the magistrate to let her do to and she nodded her head and said, "Yes, yes," and I did so in front of the officers. Words. and actions prove themselves that there was no ill feeling.
Dr. JOSEPH S. GUBBINGS . In December, 1904, I had prisoner under my charge. He was suffering from giddiness and pains in the head. He had had syphilis. I diagnosed some brain mischief—possibly a growth in the cerebellum. What is known as a gumma is not uncommon in cases of syphilis. I formed the opinion that he was a drinking man and he confessed to it. The habit of drinking is particularly bad for syphilitic affections, and I told him he had better not drink so much. If he has been in the habit of drinking since 1904 to the present time it is extremely improbable that he would succeed in eradicating the disease. His symptoms were all to be referred to his brain, and therefore, I concluded that syphilis had set up a gumma. He would be more likely to lose self-control and to become extremely violent.
Cross-examined. He did not tell me he had syphilis, but that is the conclusion I arrived at from my examination of him. He told me of gonorrhoea, but I could not get anything more definite than that, and I adjudged it had been syphilis. I last saw him professionally in January, 1905. I treated him ordinarily with iodide of potassium, for tertiary syphilis, which is a graver form and generally shows that the earlier stages have been neglected. A gumma is curable with proper treatment, but it may recur if the person's vitality gets lowered. My treatment was also for the gumma.
Verdict, Guilty. Very strongly recommended to mercy.
Mr. Justice Sutton, in passing sentence of death, said that he would at once forward to the proper quarter the recommendation of the Jury.
PRISONER said it was only within five minutes of the case coming on for hearing that he had seen a solicitor. He thought that in the interests of justice and of himself he ought to have seen one on Tuesday when he applied.
Mr. Justice Sutton said the fact was that the Court requested counsel to defend him—namely, Mr. Boyd—and no one could have defended him with more ability than Mr. Boyd had done. If the prisoner had asked for a postponement he (Mr. Justice Sutton) would not have refused it.
PRISONER. As I am sentenced to be hanged I hope when her children grow up they will forgive me for taking their mother, away from them, and I hope God Almighty will forgive me for taking her from them. I do not want you to forward the recommendation to mercy; I prefer death to prison.
Mr. Justice Sutton. I certainly will forward it.
The PRISONER. I do not want it. I hope her husband the first time he goes on a tug will fall in the water and get drowned.
BEFORE THE RECORDER.
(Thursday, December 10.)
Mr. P.B. Petrides prosecuted.
FRANK RILEY , 102, Whitechapel Road, quartermaster seaman. On November 5, at 6.40 to 6.50 p.m., I was walking through the lower end of Osborne Street with Martha Evans, when prisoner seized me from the front. gave me a violent blow on my left breast, and knocked me down. There were five men altogether attacked me. I know prisoner was one of them; he struck me and kicked me. The others were behind me; one held my elbows up, two others rifled my pockets; they all ran off together. I lost between £12 and £13 in gold and silver, which was loose in my pocket. I had just been paid off; they took every penny. They broke a hole in my pocket. I was perfectly sober. I went to the Commercial Road Police Station and gave information. Immediately afterwards two private policeconstables took me round to several lodging-houses; in the third, Willmott's, I picked prisoner out from between 45 and 50 other men. He was in front of me; he seized me by the throat and gave me a severe blow in the left breast with his head. He was wearing a sailor's peaked cap at the time of the assault, and was dressed about the same as he is now. When I identified him he was wearing a different cap. It was then about 10 minutes after the assault. The police-constable said to him, "I want you for" so and so. He said, "All right, you know about it," and was marched to the station.
Cross-examined. I did not say, "I think that is the man." I went round the table, saw prisoner, and said, "That is the man." The police-constable said nothing to me whatever.
MARTHA EVANS , 8, Kingdom Street, Mile End Road. On November 5 I was with prosecutor at the end of Osborne Street, when five men, including prisoner, set upon him. Two held him by the arms, the other two went through his pockets; prisoner held him by the throat—I saw prisoner's face. The five then cleared off. I saw prisoner brought out of the lodging-house and at once identified him. I have no doubt he is the man.
Police-constable EDGAR BETTS , 210 H. On November 5 prosecutor reported the assault at the station and gave a description. I then took him to several public-houses and to a lodging-house, where he picked out the prisoner from 40 to 50 others at once; he walked straight up to prisoner. He did not at first say he only thought he was the man, or anything of the kind. I told prisoner I should take him into custody and he would be charged with assaulting and robbing this man. He replied, "Yes, it is right"—he said that when he was coming out of the door. I found two sixpences upon him.
Cross-examined. When we came into the lodging-house prosecutor did not say, "You were the man and you were wearing a cheesecutter
cap"—he said, "This is the man, only he has changed his cap"—he did not say, "He had a cheesecutter cap on."
Re-examined. I had seen prisoner in the street half an hour before the robbery, wearing a shiny peaked cap; he was with five or six other men. When arrested he wore a kind of check cap.
PRISONER (not on oath). When prosecutor came into the lodging-house he distinctly said, "That looks like the man, only he was wearing a cheese-cutter cap." The police-constable said, "Do not think—make sure." He said, "I think it is the man." Then he went to the door of the lodging-house and said, "That is the man." With regard to the woman recognising me, I was never put up for identification of any description. She came into the police station after the charge had been made. The Inspector said to the woman, "Do you know the prisoner?" I had been sitting in the station 20 minutes before she came in. If I was concerned with five other ment in stealing £12, should I be 10 or 15 minutes after sitting in a common lodging-house with the sum of 1s. in my possession? If I had had a share of £12 I think I should have been in a public-house. I am as innocent as any man ever was of the crime. I never saw the prosecutor in my life and he never saw me. This is a piece of spite by the police over a thing that occurred on October 17, which I do not wish to divulge because it may go against me to a certain extent. The reason those two recognised me was that I wore a cheesecutter cap, and on one night the constable in question—five of them when I went into a watering-place saw me and I had a visit—he asked me if I had been robbed, saying, "We know you are a seafaring man" and that I had been robbed—that is the reason they identified me when the prosecutor went into the station and said that a man with a cheese-cutter cap had robbed him. There are hundreds of men in the neighbourhood with cheese-cutter caps on.
EDGAR BETTS , recalled. Martha Betts was outside the lodging-house when I came out with the prisoner in custody. She said, "That is the man." She followed to the station and we did not go through the form of putting prisoner up for identification.
Prisoner confessed to having been convicted at this Court on July 25, 1898, receiving three years' penal servitude for robbery in the name of James Donovan . Other convictions proved: October 16, 1893, nine months at this Court for robbery; 12 months at Chelmsford for stealing bacon; 18 months, North London, August 14, 1896, stealing a watch; five year at North London on April 16, 1901, for felonious wounding; 12 months and license revoked at Mansion House, on September 1, 1905, for frequenting; 12 months and license revoked at this Court on September 30, 1907, for futtering base coin; was discharged on October 17, 1908, the present robbery being committed on November 5. Known as a most violent and dangerous man who had repeatedly assaulted and stabbed police officers.
Sentence, Seven years penal servitude.
SULLIVAN, William (19, labourer), WARD, Sidney (33, engineer), and HUNT, Alfred (20, labourer) ; all breaking and entering the Chapel Royal of the Savoy and stealing therein four altar vases, two candlestick tops, and other articles, the goods of the Chancellor of the Duchy of Lancaster.
Mr. H.R.D. May prosecuted.
Sullivan and Hunt pleaded guilty.
HAROLD PAGE CHAPMAN , verger, Chapel Royal, Savoy. On November 28, 1908, at 8.20 a.m., I arrived at the Chapel Royal, Savoy. A number of police officers were in the Vestry. The place had been ✗ansacked and the cassocks of the gentlemen of the choir had been searched. On the Communion-table two candlesticks had been torn away; I also missed four vases which are kept in the vestry. The glass panel of the door leading into the vestry was broken, also the glass frame of the door in the main entrance, by which entrance had been effected. The value of the articles and damage was about £20.
Police-constable THOMAS STEVENS , 149 City. At 6.15 a.m. on November 28 I was on Ludgate Hill in plain clothes, when I saw Sullivan carrying a sack, accompanied by the other two prisoners. Ward could hear what I said. I told Sullivan I was a police officer and wanted to know what he had got in his sack. He said, "Old chains and jars." I told him to show them to me. He said, "Look for yourself." I then examined the bag and found the articles which have been identified as stolen from the Savoy, some rubber tubes and a hammer. I detained Sullivan; the others ran away. Ward was afterwards brought to Bow Street, and I identified him.
To Ward. You walked away hurriedly with Hunt.
Detective-sergeant ALFRED COLLETT , V Division. On November 28 I went with Detective Webb to the Savoy Chapel The glass panel of the main door had been broken, by which access was obtained, after an attempt had been made to force the door. The brass candlesticks had been removed from the altar and other brasswork removed; the vestry had been entered by breaking the glass panel of the door. The surplices were strewn all over the place. At 10 a.m., with another officer, I went to the "Christian Herald" Mission-room, Shoreditch, and saw Ward sitting on a chair asleep. I woke him up and said, "We are police officers. You answer the description of a man concerned with two others, Sullivan and Hunt, who have been arrested for breaking and entering the Savoy Chapel and stealing a quantity of church utensils. I have reason to believe you are the other man who was in the company of those two men when stopped by an officer." He said, "I expected this. I knew you would be after me this morning. That City copper stopped me when he stopped Sullivan. I did not do the job." On the way to the station he said, "All I know about it is that Sullivan and Hunt came on the Embankment, they showed it me, and said they had got it from the Savoy Chapel. I was only going with them to help sell it. That is all I know about it." At the police station he was placed among eight other men and at once picked out by Police-constable Stevens. I searched him and found on him a chisel, knife, and portion of screw-driver (produced). The chisel
could be used as a jemmy for breaking into the chapel. I compared it with the marks on the door and found they could have been made by it.
SIDNEY WARD (prisoner, not on oath). In the morning, when the police constable stopped Sullivan, I stood there all the time, so that he could know me and circulate my description, and I told the officer when he arrested me that I expected it. I did not run away—I had no reason to, because I was not the man who did it. I admit I was going with them to sell it. The marks on the door were made by a garden fork which the other prisoners found there, because they told me they drove one prong half inch in to try and force it
THOMAS STEVENS , recalled. I thoroughly examined the place—there was no garden fork there. The marks on the door correspond with the chisel. There are other marks which may have been made by another instrument.
Verdict, Guilty on both counts. Ward admitted having been convicted on December 3, 1907, of stealing 5 cwt. of old lead, receiving six months hard labour. He had also had 14 days on October 23, 1907, for stealing. Sullivan was convicted at Stratford on May 9, 1907, as a casual pauper refusing to do his task; three other convictions were proved. Hunt, on September 30, 1908, was sentenced at Bow Street to two months hard labour for stealing 80 lb. of lead from the Savoy Chapel. The three prisoners were known as never doing any work.
Sentence: Ward, 18 months' hard labour on each count, to run concurrently; Sullivan and Hunt, 18 month's hard labour..
BEFORE THE COMMON SERJEANT.
(December 10 and 11.)
Mr. Travers Humphreys and Mr. Huntly Jenkins prosecuted; Mr. W.B. Campbell defended.
Only the charge of procuring was proceeded with.
Prisoner was employed as a waiter at the Dieppe Restaurant in October last. Godin, who is French and speaks no English, was, till September, living at Calais with her parents, and on the 10th of that month came to England under contract to remain for a year in domestic service with a lady who keeps a boarding-house at Richmond. Finding the work too hard Godin left her situation on October 12 and took lodgings at 27, Old Compton Street, Soho, W., with
the intention of finding employment as a laundress, a kind of work in which she had been engaged in France. The Cafe de Dieppe being just opposite her lodgings, she went there once or twice for meals and made the acquaintance of prisoner, whom she asked to find a more suitable apartment for her. He did so and went to live with her and shortly afterwards gave up his situation and turned her on the streets.
Evidence was given for the defence with a view to showing that at the time Godin made prisoner's acquaintance she was already engaged in prostitution. Prisoner, arrested on the charge of stealing Cerala's overcoat, was found in the girl's company, and, as the result of inquiries made by the police, the charge of procuring was preferred.
Mr. Campbell submitted that there was no evidence of procuring to be left to the Jury. The Act of Parliament required corroboration, and there was no corroboration that prisoner was the person who first procured her to become a common prostitute, whilst there was abundant evidence that before she made prisoner's acquaintance she was engaged in pursuing her trade.
The Common Serjeant held that there was sufficient evidence that prisoner did procure the girl.
Detective-sergeant PROTHERO stated that prisoner is a Swiss subject and a capable man as a waiter. He has been employed at several large hotels and restaurants, but left most of his employments under suspicion of dishonesty. Blankets were found at prisoner's lodging marked "Imperial Hotel, Hythe," and as the result of communicating with the Hythe police prisoner was identified as having been employed at the hotel, but the proprietors did not wish to proceed against him for larceny. Prisoner was also employed as a waiter at a club in Fleet Street, from which sticks and umbrellas were missed. Suspicion strongly attached to prisoner and he left for that reason.
Sentence, Six months' hard labour.
The Common Serjeant, having ascertained that prisoner is an unmarried man and has no legitimate ties in this country, recommended him for expulsion under the Aliens Act.
Mr. Campbell said he had been instructed by the solicitor of a benevolent society in London called the Swiss Society to ask his Lordship to order, if possible, or to at least suggest, that various papers of prisoner's having reference to his military services in his own country, now in the hands of Cerala, should be handed over to the Swiss Society.
The Common Serjeant said he could make no such order.
Detective-sergeant PROTHERO said he had made the request to Cerala, who informed him that he had no such papers.
BEFORE JUDGE RENTOUL.
(Thursday, December 10.)
Police-sergeant SAMUEL COX, G division. On the evening of November 21 I saw the prosecutor, Runacre, in the Metropolitan Hospital. He had a large out on the face, and his wrist was practically severed from the arm. At 7 on the following morning, at Old Street Police Station, I charged prisoner with feloniously cutting and wounding. He said, "I admit I stabbed him; but what am I to do when he comes at me with a knife? He follows me about on purpose to fight me. I cannot fight him with my fists, so I must stop him the best way I can. We had been drinking together in the evening. I do not know what it was I did it with, whether is was a razor or a penknife; I was too drunk."
To prisoner. I subsequently ascertained that prosecutor had been convicted; but I do not know that it was for an offence similar to this.
ROBERT RUNACRE , seaman, City Road. About 10.45 p.m. on November 21 I was in the "Hop-pole" beerhouse, treating a friend. Prisoner entered and asked me to treat him. I replied, "I do not like you well enough." He left, and shortly afterwards called me out. I went, thinking he would speak to me. Suddenly I felt something sharp on my face, and I saw something bright in his hand. I staggered back. He caught my wrist and out the back of my hand and my wrist with the bright weapon. I became rather faint, and shortly afterwards fell down. I then heard people shouting "Murder! He has got a razor."
To Judge Rentoul. About seven weeks previously prisoner and I were in the "Dunstan" public-house in the East Road. Three women were there, with one of whom he cohabits. I believe he was jealous. He had an altercation with her and with me. Shortly afterwards he slashed with a knife the overcoat I was wearing, but did not cut me. The women got between us, and I struck him across their heads, with a glass. He was not drunk. On this last occasion I had had a little drink, but was not drunk.
To prisoner. On the last occasion, after the assault, I do not recollect saying, "Let him go; it was my own fault." About 13 years ago I was convicted of stabbing and sentenced to 18 months' imprisonment. Many years ago I received for a different crime five years' penal servitude.
HENRY EDWARD GARRETT , police divisional surgeon. On the night of November 21 I examined prosecutor; he was suffering from a deep, incised wound about four inches long, on the left cheek; on the ulnar side of left wrist an incised wound opening into the joint, and on back of left hand an incised wound some two inches long. I believe the wounds were made by an extremely sharp instrument.
The wound on wrist, unless well handled surgically, might have caused serious and permanent trouble to wrist and hand.
To prisoner. Prosecutor was under the influence of drink. It would be difficult to determine whether his dazed condition was due to drink or to the wounds.
MAURICE JAMES HOLGATE , house surgeon, Metropolitan Hospital. On enlarging the wound on prosecutor's wrist I found that the cut laid bare the bony surfaces of the joint. The wound involved considerable risk of a stiff wrist for life, and some risk of losing the hand. When prisoner first came in he gave sensible answers to questions, and could not have been very drunk. He said he had been drinking.
PHILIP BARRY , 42, Charles Square, Hexton, horsekeeper. At about 10.30 p.m. on November 21 I was opposite the "Hop-pole" hotel and crossed over to have a lock. Prisoner hit another man with some instrument. The man fell, holding on to prisoner's coat; and prisoner then started cutting the man's wrist about.
To prisoner. Since the committal for trial I have not talked to anybody about the case or the evidence I was to give here. I did not see your wife in the same public-house last Saturday night. I do not know whether the wounded man said of prisoner, "Let him go, it is my fault."
To prisoner. Prosecutor was not drunk; he had been drinking.
Police-constable WILLIAM HARRIS , G division. At 2.30 a.m. on November 22 I went to prisoner's address and found him in bed. On my telling him I had come to arrest him for malicious wounding he said, "All right, Mr. bleeding Runacre, the tike; he did this to me three weeks ago."—pointing to a scar on the side of his face—"and I meant to do it. I said, "Did you?" He said, "No. If he gets over it and crosses me, the boys will do him in. Did he come the copper on me?"
To prisoner. It is doubtful whether you knew that I knew your address.
Detective-sergeant THOMAS COCK . When out of gaol prisoner is very quarrelsome, and the people of Hoxton are afraid of him. When he is in liquor he will go into a shop or a public-house and demand food or drink. Tradespeople have complained.
Sentence, Three years' penal servitude.
Mr. G. Tully Christie prosecuted; Mr. Burnie defended Sinclair.
on November 22, I was in the Pentonville Road in company with two other police officers—all in plain clothes—and saw the three prisoners going in the direction of the "Angel." They stopped the prosecutor, who was under the influence of drink. Bond said to him, "Hullo, George, I have just been round to see your missus. Come on!" They then turned back and hustled the prosecutor into Rodney Street. Bond put his right hand into prosecutor's left trouser pocket; Sinclair put his hand into the right side overcoat pocket and pushed the prosecutor up against the wall. The prosecutor broke away from him and shouted out, "They have got my money." Bond then struck him on the forehead. Robertson followed the prosecutor into the road and caught hold of him. He broke away. The three prisoners then went in the direction of Pentonville Road, where I arrested Bond. He became very violent. Robertson broke away from the other officer, ran down Penton Place, and was subsequently arrested. When he came away from the prosecutor Robertson was looking at something in his hand.
Cross-examined by Mr. Burnie. Sinclair looked as if he were lame. When prisoners stopped the prosecutor I and the other constables were on the same side of the road as they; about four or five yards off. Rodney Street is not dark, but lit with ordinary incandescent burners. When they turned into Rodney Street I crossed to the other side of Pentonville Road, but was looking round. Sinclair took part in hustling the prosecutor. Directly they left the prosecutor I crossed the road and arrested them at the corner of Rodney Street.
To Bond. When arrested you became very violent. I did not hear prosecutor deny at the station that you and Sinclair put your hands in his pockets. He was drunk and was charged with drunkenness. No money was found on him.
Cross-examined. The three prisoners took prosecutor into Rodney Street, Sinclair and Bond holding him, Robinson being behind him. I was four or five yards away, looking through some railings at the corner of Rodney Street.
To Bond. Prisoner did not ask you to show him the way to Caledonian Road.
(Friday, December 11.)
Police-constable JOHN BRASLEY , G Division, corroborated the evidence of the previous witnesses. I arrested Robinson. He twisted himself away from me and ran down Penton Place. Some money dropped. When he got into King's Cross Road he stopped and said, "I'm done," meaning, I suppose, that he could not run farther.
all my pockets were full at once and then I felt something strike me on the forehead. The next thing I recollect is waking up in the police-station on Sunday morning.
Cross-examined. I do not know how many public-houses I visited after leaving my friends, nor that I reached Pentonville Road. The last time I saw my money was in Hackney Road.
To Bond. I do not know whether, after visiting so many public-houses, I still had the 1s. 2d. in my pocket at one o'clock a.m. I know I had 2d. returned to me on Sunday morning.
WILLIAM SINCLAIR (prisoner, on oath). I was with the other prisoners. We met the prosecutor, who asked the way to Kilburn. Bond replied. I had attended the hospital that day and was using a walking stick with my right hand and leaning on Bond with my left. I turned with him into Rodney Street because he was going the greater part of my way home. Prosecutor went with us because Bond was going to show him the way. I could not and did not take the prosecutor by the arm or put my hand in his pocket.
Verdict. Sinclair and Bond, Guilty; Robertson, Not guilty.
Two previous convictions were proved against Sinclair and three against Bond.
Sentence. Bond, Six months' hard labour; Sinclair, released on his own recognisance in £5 to come up for judgment when called upon.
BEFORE MR. JUSTICE A.T. LAWRENCE.
(Friday, December 11.)
Mr. J.F. Charles Fitzgerald prosecuted.
Police-constable ALBERT SMITH , 126 Y. About midnight October 31 I was on duty in Copenhagen Street with another constable, when prisoner's wife came to me with a large wound in her throat. She made a communication to me and I went to her home, 121, Copenhagen Street and found prisoner in the top floor front room. I told him that his wife wished to give him into custody for stabbing her in the throat. He said, "All right, I wish I had cut her bleeding head off." I took him to the station and found this knife (produced) in his jacket pocket with wet blood stains. I then noticed bloodstains on his throat on the left side about two inches long. He said, "Yes, I done it on the impulse of the moment." He had been drinking, but knew what he was about and recognised me directly I
went in the room as the man who had had him before. He said, "What! again?" On the way to the station he converted freely and walked well.
Prisoner. I contradicted the constable's statement from the first about saying, "I wish I had cut her bleeding head off." I never used the words. He also said before that he took the knife out of my pocket in my own place.
ELIZABETH JACKSON . I am prisoner's wife and have four children. About 11.30 p.m. prisoner came home. He had been drinking and said he wanted some supper, which I had in the cupboard, but he wanted fish and potatoes. I said, "You get money for beer, but you can't bring anything home for the Children." He said, "If you start on me I will finish you." He walked towards the door and caught hold of me by the throat. I turned round and we fell on the bed. I felt something sharp on my throat. My little girl pulled me away. I ran downstairs and noticed some blood, and ran out and fetched a constable. I first went to Dr. Latham, but there was no one there. I was taken to the police-station and attended to there. This knife is prisoner's. Mr. Isaacs has a wardrobe shop under where we live. I sometimes help him in his business when he is out and do his washing and mending, for which he pays me. I don't know that I have given prisoner any cause for jealousy.
To prisoner. I had not been nagging you. I gave you 2d. in the morning when you went out. I have not been the cause of your losing work, but your not getting up in the mornings. You have not had to get cut of bed at 12.30 to fetch me home, or to fetch me out of a public-house at 12. You did at 11.30. You had not seen me all the evening because you were out. I went to the door and a friend of mine two doors down asked me to go and have a glass and you came and bullied me and told me to come out, which I did. I asked you if you were going to apologise and you said, "No, you didn't care, yon would as soon go to prison as go to work," and I said, "You mean something then!" That was the day you came home from the last affair.
Dr. JOSEPH WILSON , 546, Caledonian Road. I saw the woman at 12.10 a.m. on November 1 at the police-station, where I found her lying on her back on the floor. She was bleeding profusely from the neck. I examined the wound and found it extended from the larynx backwards and upwards about three and a half inches. The centre of the wound was about an inch deep. The two ends were slight, but it was very deep in the centre. This knife is capable of inflicting such a wound. It was a very dangerous wound, and death would have followed, I should say, if not promptly attended to. The external jugular vein was divided and had to be ligatured. I subsequently saw her at the hospital.
ETHEL JACKSON , prisoner's daughter, aged 11. My father came home drunk on the night in Question. He asked for some supper and mother said, "You can get money for drink, but you can't bring home money for bread." He said a few words and walked towards' the door. He had his hand in his pocket and came back and took his hand out
and caught hold of mother by the throat and he fell on the bed and pulled mother on the top. I did not see him cut her throat. She got up and ran downstairs. I saw her throat bleeding. I saw prisoner sharpening that knife in the afternoon.
Inspector ARTHUR NEIL , Y Division. I saw prisoner at the policestation at 1 a.m. on November 1. I said, "Your wife is in the hospital with her throat cut and you will be detained pending inquiries." He said, "I must have done it with my knife and it was all through the Jew at the second-hand shop below. She is always in the shop with him. She has always been a good woman else. When I got home I asked for some supper. She started nagging me. I went for her. I hardly know what happened." This knife was handed to me by the constable. I examined it and saw bloodstains on the blade. I then went to 121, Copenhagen Street and in the room I saw bloodstains on the bed and floor and down the stairs. I returned later, after making inquiries at the hospital, and charged him. He said, "I don't know if I did it or her. It was done in the struggle. She nagged me. I lost control of myself." He had been drinking, but quite understood what was said and knew what he was doing. I oculd not find out anything to corroborate prisoner's objection to his wife helping in the shop.
A long written statement by the prisoner was read, in which he expressed his regret for his act, but declared that he did not know what he was doing; that his wife had provoked him by spending so much time in Isaacs's shop and neglecting her home. He added that he had served 13 years in the Navy, and had been 17 years in the Reserve, and had left with a good character, and if convicted he would lose his chance of a pension, which would not only punish him but his children.
Verdict, Guilty of wounding with intent to do grievous bodily harm.
Inspector NEIL, recalled, said that prisoner had been previously bound over for assaulting his wife—that when he got a little drink he was very violent and lost his work, otherwise he was well spoken of in the docks, where he had worked. He would be in the Naval Reserve till July 23, 1912.
Sentence, 12 months' hard labour.
Mr. G.G. Moran prosecuted.
WILLIAM JARVIS , coachman, 34, Linnell Road, Lambeth. I was in the first floor room at 3.30 p.m. on Sunday, November 15, with my wife. My daughter let prisoner in, and he came upstairs and asked who had been upsetting his young lady. I said, "I have; what has it to do with yon?" I had had two or three words with her at dinner. He put his hat and gloves on the sofa and rolled up his
sleeves and said, "I have got something for you." I said, "You had better clear out." My wife then left the room and I followed. He went downstairs. I then saw a flash and heard a bang. My wife said, "Don't go near him," and he followed her up the stairs and hit me over the head with this pistol (produced). I was attended by Dr. Boon. That is all I know of the matter. I had got him on the ground when he hit me.
To Prisoner. I was on the first landing when you fired the shot. I have not thrown you out of the house twice, nor did I call my daughter all the filthy names I could lay my tongue to. I have scolded her for being out late and I would not have it.
By the Court. My daughter is 20.
KATE JARVIS , wife of the last witness. I heard someone come to the door, and recognised prisoner's voice. My daughter opened the door and prisoner came up into the room and said to my daughter, "Why didn't you meet me? You are late." I did not hear any answer. I came away and left them at the door and went into the room where my husband was sitting. The prisoner came in and said to my husband, "Have you been rowing my girl?" My husband said, "Yes, and what if I have? What has that to do with you?" He rolled up his sleeves and put his hat and gloves on the couch and said, "I have something for you; I will show you." My husband said to him, "You had better clear out." I said to my daughter, "Take him outside; we don't want no row here." I saw him out of the front room, down the stairs. My husband called me back and said something to me. I then took the hat and went downstairs. I saw prisoner at the bottom of the stairs. He apparently was loading a revolver, my daughter standing by his side. My husband came after me and the bang went off. My husband was then behind me. When I saw prisoner with the revolver I shouted. My husband came to my assistance. My daughter said to him, "Don't do it, Percy." She was standing by his side, and the revolver was in his hand. Then the pistol was fired and I rushed upstairs and met my husband. My daughter flew into her bedroom on the first floor. My husband pinned him down until assistance arrived from next door and then the police came.
To Prisoner. I rushed upstairs towards my husband. I did not say that I never saw the shot fired. I said I did not see you shoot upstairs, but when you asked in what direction it was I said you pointed to the stairs, as near as I could guess. I told you on the Thursday that my husband was a bit cantankerous. It is quite false to say that he put you though the front door and abused you and called my daughter every filthy name he could put his tongue to. He was a bit abrupt over her silly ways, I admit. I did not tell you the following Sunday that he was swearing at me for over an hour.
By the Court. I have seen the bullet mark in the passage. It was down by the first floor door, near the place where he was standing, and where I heard the bang. The pistol might have been pointed at the floor, because my daughter pulled his arm on one side and said, "Don't do it."
Police-constable FREDERICK LEOPARD , 424 P. I was called to the house in question at four p.m., where I found prisoner, who said, "Constable, I give myself up; I meant to do for him." He made no reply to the charge.
Detective ALBERT HAWKINS , P Division. I saw prisoner at the police-station at 6.30 p.m. on November 15. I said, "I am a police officer. I am going to charge you with attempting to murder Mr. Jarvis by shooting at him and assaulting him on the head with this revolver," which I produced, and which the neighbours had brought to the station. It was then unloaded. There were with it three bullets and one spent bullet. The spent one has come into the hands of the police since the committal. He said, "That is my revolver. I bought it of a barman of the 'Queen Victoria' public-house, Southwark Bridge Road. I must have been mad. I did not go with the intention of killing him, but he had been provoking my girl." He was charged, and made no reply.
JAMES EBENEZER BOON , surgeon, 2, King's Road, Peckham. On the afternoon in question I examined prosecutor at the police-station. He was suffering from two or three superficial wounds on the right side of the face and a scalp wound on the top two inches long running from before to backwards. They might have been caused by some portion of this revolver. I put in two stitches.
LILIAN JARVIS (to prisoner). On the Sunday in question I had arranged to meet you and did not arrive. You called for me about four o'clock. I opened the door and you asked me what was the matter. I thought I answered you. You went upstairs and I followed you into the room. You said, "Who has been upsetting my girl?" My father replied, "I have, and what the hell has that to do with you?" You said, "I will soon show you," taking off your gloves. My father said, "You clear out," and got up to put you out of the room, and I clung to his arm. You went to the stairs and I followed you. You went downstairs and took a revolver out of your pocket and put some cartridges in it. You pointed the revolver downwards. I told you not to do it. I did not touch you. You then went up the flight of stairs. If you had shot up the stairs you would have shot me. No one else was on the flight of stairs. My father then got you down and you hit him. Two neighbours came in. My father went out and came back with the police. He had been swearing at me for some time past. On one occasion he pushed you through the front door and abused you, because I introduced you home. He used rather bad language to me. I told you were the only friend I had in the world. I wanted you to come in with me because they would start on me.
By the Court. I had been stopping out a little extra at night time. I went to the theatre. I am employed in dressmaking.
Cross-examined. Prisoner came downstairs first and then I did. He then started bringing his revolver out. I asked him what he was
going to do. He said, "I am going to do no harm." I said, "Oh, don't do it, Percy." He loaded the revolver. He then fired. I was at his side, looking towards him. I did not grasp his arm and force it down. He did not shoot up the stairs. He shot down. I made a mistake in saying that I threw the revolver away, but I know I took hold of it after. I tried to stop him. I flew away up the stairs.
The man of whom the prisoner bought the revolver was then called, but did not answer.
PERCY CUTTING (prisoner, not on oath) said he had no intention of bring at the prosecutor, and was sorry for what had happened, but he had constantly aggravated him by abusing his daughter and swearing at her, and she used to be broken-hearted. When he got there on the Sunday he saw the was upset and asked her what was the matter, and she did not answer. It was his first offence, and he hoped the Court would deal leniently with him.
Verdict, Guilty of unlawfully wounding.
Sentence, Three months' hard labour.
Mr. Curtis Bennett and Mr. Gangoni prosecuted.
JANE WARD , 6, Charles Street, Lambeth, widow. I have lived with prisoner for seven years next January, and at Broadwall for seven months. On October 26, at about eight p.m., I was coming home from my place of business and met the prisoner at the top of Broadwall. He was out of work. We went into the house together. I went upstairs. We had no fire, for I had been out all day, and I said: "Will you fetch some coal and wood?" He said "Yes," and he did so and lit the fire. He was supposed to start work, to he told me, that morning, instead of which I asked him if he had started, and he said, "No." I had been away all day from eight in the morning. We had a few words. I must say I aggravated him. He sat down, and all was quiet, when suddenly he jumped up and picked up the poker. I sat on the chair, and he gave me one blow, and I suppose I was dazed, for I did not attempt to move. This is the poker (produced). My little girl came into the room and came between us to get me away, because, of course, I was hit on the head, and could not move. He dropped the poker when the child screamed. Then I must have come to again with the child screaming. She was hurt. He ran out of the room. I tried to bathe the child's head. The landlord came up and the police. The police took us to St. Thomas's Hospital.
To Prisoner. You have never assaulted me before. We have always been happy together, but you were out of work. You have been a good husband, or rather, acted the part of a husband, and have been always kind to me and the child as well.
By the Court. I am not his wife. I have been living with him, because my second husband was a man of 70, and I only learnt a fortnight before this that I was free, and he may have thought that
I intended leaving him, but I did not, and had he been in work we should have been married this Christmas.
JOHN RANK , 64, Broadwall, Lambeth. I am the prisoner's landlord. On the night in question I heard a scuffle, and someone shouted "Stop him." I opened the side door and saw Short coming downstairs. He said: "You do not want me, you are wanted upstairs." He ran up the road, I went upstairs and saw Cissie lying on the floor and the mother bending over and both bleeding from the head. I sent for a constable, who went for a doctor. They had been my tenants for about seven months.
JOSEPH SHORT , 4, Colley Street, Lambeth. At about 8.40 on the night in question my father came to me in a very agitated manner, and said: "I have murdered the two of them." He did not say who, but I knew who he meant. He walked sharply away then.
Police-constable JOSEPH FROST , 363 L. I was in the New Cut at about 8.45 on the night in question and, on information I received, I went to 64, Broadwall, where I found the woman and the girl in the front room, both bleeding from wounds in the head. The girl was practically unconscious and the woman made a statement to me and handed me the poker. I took them to St. Thomas's Hospital and took the poker with me and gave it to the doctor.
Dr. BASIL THOMAS PEARSON SMITH , house surgeon, St. Thomas's Hospital. The police-constable brought the woman and the little girl to the hospital between nine and ten on the night in question. I found the woman suffering from four scalp wounds varying from two inches to three inches in length; all of them deep, reaching the bone. They were separate wounds, and probably made by four separate blows. They might be all of a serious nature, or might not be. I dressed them. There was a good deal of blood about. The policeman showed me the poker, which would be capable of producing the wounds.
Police-sergeant ARTHUR WOOLLARD , L Division. On the evening of October 30, I went to Victoria Chambers, Westminster, where I saw prisoner and told him who I was and that I held a warrant for his arrest, which I read to him, and told him he would be further charged with wounding Cecilia Howard at the same time and place. He replied: "I did not mean to hurt her." I conveyed him to Kennington Road Police Station, where he was charged. He made no reply. At the police-station he said when the charge was read over, and he was cautioned, "I am heartily sorry it occurred. I must have been out of my senses at the time."
Prisoner. I wish to say I am heartily sorry for what I have done from the bottom of my heart. I do not know what made me do it, especially the little girl. I never touched her in my life. It was quite an accident.
Verdict, Guilty of unlawfully wounding.
Sergeant WOOLLARD, recalled. There is one conviction recorded against prisoner on August 28. 1902. Sentence, Three months' hard labour, at Bow street Police Court, for stealing a bottle of brandy. The officer who arrested prisoner on that occasion tells me that hitherto
he had borne a good character. Since then I have made inquiries, and find that about two months prior to this offence prisoner was out of employment, and for five years prior to that he was employed by two good firms as a bottle washer. They speak very well of him, as a good, sober, hardworking man.
Sentence, Four months' hard labour.
Mr. Symmons prosecuted. Mr. Bootle defended.
ELIZABETH STEEDMAN , 3, Rashleigh Gardens, Clapham. I am 19, and have known prisoner for nine months, keeping company with him. I live with my mother and sister. I have quarrelled with him. On October 17 I went for a walk with my sister, Louisa, and met two young men and we went for a walk with them. We were standing outside the "Hope" beerhouse, when prisoner came out. I ran away. Later that night I was on the steps of my own house with my sister. I was singing. Prisoner lives nearly opposite me. He came across and asked me what was the matter. I said, "Nothing." He pulled me off the step by my wrist and got hold of me round the neck. I then noticed some blood on my dress. I did not see anything in his hand. I screamed. I was taken to the hospital, where I was for two or three weeks. I still go to the hospital.
Cross-examined. I had kept company with prisoner for nine months. I think he was very fond of me and I of him. We talked about marriage. I once came to him and said I was afraid he had got me into trouble. I do not remember whether he then said he would marry me. He had never threatened me before. He is of a rather jealous nature. I gave him cause, as I walked out with other young men sometimes. He was particularly jealous of one named Nutley. On one occasion prisoner blacked my eye after quarrelling about Nutley. I forgave him and asked him to forgive me for walking out with Nutley. The night before this he had taken me to a music hall. I do not know whether he thought I was singing to annoy him. I was singing a song that he objected to very much. He had been drinking in the afternoon, but he woke up from it, though he was under the influence of drink. He does sometimes take too much—so do I. I was not drunk.
Re-examined. He has blacked my eye twice.
At this stage prisoner, on the advice of his counsel, pleaded guilty to the second count, upon which a verdict of Guilty was taken.
Dr. BINGHAM, house surgeon at St. Thomas's Hospital, described the wounds inflicted on the girl as very serious, her life being in danger for some time.
Sentence. 12 months' hard labour.
BEFORE THE RECORDER.
(Friday, December 11.)
Mr. Curtis Bennett prosecuted. Mr. George Elliott and Mr. Cecil Fitch defended.
FREDERICK WILLIAM BAKER , 16, Dawlish Street, Wandsworth Road, labourer. On September 20, 1908, at 6.30 p.m. I was driving in a cart belonging to Higgs and Hill with Stanmore, the carman. We had passed down Primer Road and were crossing Clapham Road to Church Road exactly opposite. No tram was in sight. As we crossed the further tram line the cart was struck by a tram car, and I was thrown into the road and became unconscious. I remember nothing more until I came to, sitting on a box on the pavement. My arm was broken. I was taken to the hospital, where the injury was attended to; I have since attended as an out-patient. When struck by the car we were slowly trotting across the road.
Cross-examined. I am not employed by Higgs and Hill. Stanmore was giving me a lift home. I was seated on the board facing Church Road on the side of the cart towards the tram car. I saw no other vehicle at the time.
Inspector THOMAS HOLLIS , W. Division. I produce plan to scale, accurately prepared by me. The width of Clapham Road between Primer and Church Roads is 56 ft. 11 in., excluding the pavement. The frontage on the left by Church Road is 33 ft. 6 in. and about half that on the opposite corner.
Cross-examined. The width of the roadway of Church Road is 17 ft. 10 in.
JOHN LAWRENCE GRAHAM JONES , house-surgeon, St. Thomas's Hospital. On September 30 at about eight p.m. I examined Stanmore. He was suffering from concussion, from two extensive scalp wounds and cuts on the lip and cheek. There were no bones broken and no evidence of fractured scalp. The next day he developed cerebral irritation and had delirium; some few days later he showed weakness of the right side, body, leg and arm. He has paralysis. On October 19 seeing the case would take a long time, I had him removed into the Lambeth Infirmary. I cannot say whether he will recover.
ARTHUR LIONEL BAILEY , Medical Officer, Lambeth Infirmary. On October 19 Stanmore was admitted into the infirmary. He suffered from cerebral irritation for about three weeks, and total paralysis of the right arm, which still continues; there is very little improvement. He remembers nothing at all about the accident.
Road on the right and Church Road on the left, a tram passed me between Claylands Road and Church Road, going in the same direction, at a rate of from 14 to 15 miles an hour; I was travelling about 10 miles an hour. When I was about 30 or 40 yards from Primer Road I saw a horse and two-wheeled cart come out of Primer Road to cross to Church Road. There was little traffic; I saw the cart clearly. As the cart had nearly cleared the further metals, it was struck by the car on the near side wheel and twisted completely round; I saw one man thrown violently into the road.
Cross-examined. There was a van standing outside the "Greyhound" public-house, at the corner of Church Road, which caused me to drive out into the road following the car. I had a clear view of the accident. The cart did not slue round to avoid the van; it had a clear way across to Church Road. I eased up when I saw the collision was likely. I do not agree that the car was only doing 10 miles an hour.
FREDERICK SQUIRES , 11, Poulson Road, Brixton, licensed motor cabdriver. On September 30, at about 6.30 p.m., I was standing at the corner of Primer Road, when I saw the taxicab driven by Wateling 40 or 50 yards off coming towards London. A tramcar was a little behind and immediately passed the cab, at the rate of from 14 to 15 miles an hour. A contractor's cart came out of Primer Road at a fast walk to cross to Church Road, the tram then being 30 or 40 yards off. The horse had cleared the metals when the tram struck the near wheel of the cart. The two men were thrown out. I rendered assistance to them. After the collision I say the cart was turned completely round; the car had passed on for nearly its length beyond the point of the impact and was about opposite the "Greyhound." (Witness marked the plan.)
Cross-examined. The stationary van was near the corner of Church Road; the cart would be quite clear of it in crossing to Church Road; the cart did not check for a moment and then go on; if it had got one yard further on there would have been no collision.
ARTHUR BURDON , 48, Alderbrook Road, Balham, laundry collector. On September 30, at about 6.30 p.m., I was sitting in my van opposite Kennington Church, about 40 yards from the corner of Primer Road, looking towards Clapham, when I saw a cart come out of Primer Road at a slow trot to cross Church Road. I then saw a tram passing Claylands Road; I cannot say the pace, but it was going fast. It hit the cart, which was slued round, so that it would have gone on to the pavement but that it was stopped by a mineral water van which was standing near the corner of Church Road. (Witness marked the plan at the point where the tramcar came to rest after the collision.)
Cross-examined. I did not notice the colliding car pass another tram. I think the cart slued up to avoid the collision, when the tram was about the length of this Court off. There was no other tram between me and the builder's cart at the moment of impact. Facing the tram, I could not estimate its pace; there seemed no
diminution is its speed previous to the accident; the impact was terrific.
Sergeant FRANCIS GUNN , 66, W Division. On October 4 I saw the prisoner and told him he would be prosecuted for wanton driving. He said, "When will the case come off?" I said, "You will receive a summons in due course." He replied, "All right." On October 3 I saw the cart in the builder's yard. It was a very heavy cart; the box of the wheel had been struck in the centre; there was a Vshaped indentation, 1 in. deep from the surface; a powerful 1 1/2 or 1 1/2 in. stock pin had been driven into the box. It was a solid oak box, 10 in. in diameter by 12 in. deep. The springs were displaced. The cart weighed about 12 cwt.; it was 9 ft. 6 in. from the end of the cart to the centre of the stock. The horse was not injured.
GEORGE HAMMOND (prisoner, on oath). I live at 34, Trinity Square, Brixton, have been in the service of the County Council for six years, and have had two years' experience in driving an electric car. I have had a collision before, but not a serious one. This is the first collision of this kind that I have been in. On September 30, I had started for Kennington Lane for Southwark Bridge. As I passed Claylands Road I was going eight to ten miles an hour. Opposite Belgrave Hopital a down tram passed me; before then I could not see Primer Road. After the tram had passed, I saw a horse on the down metal crossing from Primer Road, when I was about a car's length from it. I immediately pulled the magnetic brake, rung the bell, and shouted. When I reached the cart my pace was two miles an hour. My tram weighs about 16 tons. The cart made a pause and then drew towards me. But for this pause the cart would have cleared me. After the collision I saw that a down tram was approaching from the other side of Primer Road, which had apparently caused the driver of the cart to stop. There was also a mineral water van standing outside the "Greyhound." As soon as I shouted, the driver of the cart whipped up his horse and the cart bore towards me apparently to avoid the van. It appeared to me as though the cart was not going straight across to Church Road.
Cross-examined. Going eight miles an hour I could pull my car up in 15 feet; going two miles an hour I could pull up within a yard. I was only going two miles an hour at the time of the impact. It is false to say that my tram came to a standstill with the hind part of it past Church Road. The car is 33 feet long. Witness marked on the plan the position of the car after the collision, and the position where the down car passed). I do not remember passing a taxicab at Claylands Road. If Wateling's evidence is true, I could have seen the corner of Primer Road better than he could and if I had then put on my brakes there would have been no collision. When I first saw the cart the horse was on the up track, the back of the cart between
the two tracks. If he was driving straight across, the mineral water van would not be in his way at all.
Re-examined. As I struck the cart it appeared to have come to a standstill. My car went on about a yard after the collision. After the brake was put on my pace was decreasing every yard.
EDWIN BLISS , 31, St. Luke's Road, Clapham, tram conductor. On September 30 I was conductor on the prisoner's tram. We passed Claylands Road at eight or nine miles an hour; we had just put down two passengers. Our usual pace at that point would Average ten miles an hour. We passed a down car half way between Claylands Road and Church Road opposite the Belgrave Hospital. I then heard the gong and saw a cart driving at a sharp trot across the road, the driver urging his horse to avoid us; the brake was then on. A van was opposite the "Greyhound." The driver of the cart swung round to avoid the van having turned because a down car was coming. (Witness marked on the plan the position at which the car came to a standstill, agreeing with the evidence of the prosecution).
At this point the prisoner pleaded guilty of causing bodily harm by wilful neglect. Prisoner had been six years in the service and bore the highest character.
The Recorder said he considered the case was very nearly an accident and that he could release prisoner on his own recognisances in £25 to come up for judgment if called upon. He trusted prisoner might be permitted to retain his position.
HILL, Henry ; being an undischarged bankrupt adjudged bankrupt under the Bankruptcy Act, 1883, did obtain credit to the extent of £21 8s. 6d. from John Kerslake Woodgates, to the extent of £33 from William Gilbert, and to the extent of £36 5s. 6d. from John Cohen, without informing the said persons that he was an undischarged bankrupt; having received certain properly, to wit, the sum of £21 16s., for and on account of William Alfred Stevens and another, fraudulently converting the same to his own use and benefit.
Mr. P.B. Petrides prosecuted; Mr. Curtis Bennett defended.
Prisoner pleaded guilty of obtaining credit, and that plea was accepted by the prosecution.
Sentence, Four days' imprisonment.
ANCOURT, Charles (33, vocalist) and CHALMERS, Joseph (22, artist); both breaking and entering the shop of William Crump Middleton, and stealing therein four brushes and half a gross of sticks of elastic glue, his goods.
Mr. Orr prosecuted.
WILLIAM MURPHY , manager to W.C. Middleton, 218, St. Hilda Street, Tottenham. On November 8, 1908, at about 4.15 p.m. I fastened the shop and left it secure. At one a.m. the next morning I was aroused by the police and at the police-station saw the two prisoners in custody and was shown half a gross of Prout's elastic glue and four hat brushes, which I identified as my master's property. Their value is 10s.; they had been taken from a shelf in the shop. I then went to the shop and found that at the back, where the window
abouts on to the adjoining flat a pane 28 in. by 10 in. had been removed; access had been thereby obtained to the shelf, from which these goods had been removed.
To Ancourt. Behind the window there is a scullery and lavatory attached to the flat. A person going to the lavatory would pass the window. The pane was fastened in only with nails, without putty; it could be removed in about three minutes. Mrs. Nalkin has occupied the flat over the shop about two weeks. She has been asked to leave, and left four days after the robbery.
BRIDE NALKIN , 198, Westminster Bridge Road. On November 8 I occupied a flat over prosecutor's shop with my husband, who is a waiter. Access to the flat is by a separate door. In the afternoon of November 8 I was in the "Dover Castle" public-house with another lady and gentleman, when I saw Chalmers. The girl that was with me knew him and asked me whether they could come up to my place and have a drink. We all went up and remained about a quarter of an hour. Chalmers asked me if he could go out to the lavatory; he remained out about five or 10 minutes. When he came back he asked me if I would let him go into the shop through the back way, through the window. He took me out into the back place, showed me the window, and said, "May I get in that way?" I told him I would not let him do it, and asked him what he meant. He said he meant getting through; it was only taking out two panes of glass. He wanted to commit a burglary and tried to persuade me to help him. I refused, and in order to get him out of the house told him I would meet him that evening. At about nine p.m. the two prisoners called while I was away. I saw them about half an hour afterwards; they said they meant to get through that place. I told them to go away, and said I had got somebody upstairs, so as to get them away. I said, "Go out quietly and I will meet you later on." They returned at about 10 p.m.; I met them. They used a lot of persuasion to make me give them my key, which I refused. Then they said, "If she does not give us the key we can get in by fair means or foul." They then rang the bell and a little girl opened the door and they rushed in. I spoke to a lady friend and asked her to come with me to get them out. She fetched the police. I opened the door for the police and they were arrested in the scullery.
To Ancourt. I had never seen you before that night. I did not invite you into the house for an immoral purpose. (To Chalmers.) When you went up at 3.30 you asked me if you could break into the premises. The others were there, but they did not hear it because you whispered it. You were outside about 10 minutes, and were, in my flat altogether about three-quarters of an hour. You were introduced to me by a man who used to do some business for me.
ETHEL SIMMONS , 11 years old. I was employed by the last witness to fetch errands, etc., and usually left about seven p.m. On Sunday, November 8, she asked me to stay in the flat, while she went to see her sister, and told me not to let anyone in. Mrs. Nalkin left at five p.m., returned some time afterwards, and went out again. About an hour after I answered the bell and saw the two prisoners. They
asked if Mrs. Nalkin was in. I said "No," and they left. About a quarter of an hour afterwards they came again; I told them she was not in yet; they pushed by me and went upstairs. I followed them; they went straight out into the scullery and shut the door. When they went into the scullery Chalmers said, "Do not tell anyone; I will give you £2." I went out for the police. Mrs. Nalkin. and a friend were there. The police came and arrested the prisoners. This was about 10 p.m. About an hour before I was making some tea for myself and went into the scullery to get water, lit a match, and saw that the window leading into the shop was all right. When prisoners were arrested a pane had been taken out and there were two boxes on the ledge.
To Ancourt. You never spoke to me, but both prisoners put their fingers up like that (describing). Chalmers said, "I will give you £2." I had been working there a week.
To Chalmers. On week nights the window is lighted from the shop. On this Sunday night it was dark; I struck a match to get the water and saw the window was all right.
To the Recorder. No one else had been in. (To Chalmers.) I am not sure of the time you came—the public-houses were not closed. I was at the flat some time before you came with the other lady and gentleman.
Re-examined. Both prisoners put up their finger.
Police-sergeant L 25. On sunday, November 8, I was called by the last witness to 195, Westminster Bridge Road, and, with 186 L, was let into the flat by her. I went upstairs, through three rooms on the first floor, and found the prisoners standing by the scullery door. I asked Chalmers what he was doing there; he said he had come there to urinate. Ancourt stated he had come up there to see a girl. I found that a square of glass had been removed from the fanlight leading to the shop, and on the top of the fanlight outside were the two boxes produced. I asked Nalkin in presence of the prisoners if she had seen, them there before and she said "No." I arrested the prisoners. On the way to the station Ancourt said, "I will tell you the truth. His name is 'Scotty,'" alluding to Chalmers. "He came up with the girl this afternoon and loosened the glass so as to make it easy." They were taken to the station and charged. Ancourt said, "He (Chalmers) did it." He told the magistrtae that Chalmers got the glass ready to take out. Model of the premises produced is correct. The scullery at one time was a conservatory—the glass roof has been taken off and boarded over.
To Ancourt. Referring to my note, you said, "I will tell you the truth—he did it—he is called 'Scotty.' He went there this afternoon to see the girl and got the glass ready to take out so that he would make it easy." I made that note directly I got to the station. I have been three and a half years on this district. You made no attempt to get away—the other police-constable was standing with his back against the door. I searched you and found a police whistle and a key.
To Chalmers. The window which had been opened was nearer to the scullery door than the lavatory—it is about three feet from
it. When I pulled the scullery door open you had your hand on the handle. There is a door to the shop leading to the street—it was bolted on the outside and there was a police-constable outside.
Police-constable LEE, 186 L. On November 8 I went with the last witness to 195, Westminster Bridge Road, where we found the prisoners at the rear of the first-floor flat. The sergeant asked what they were doing there. Chalmers said, "All right, sergeant, I have been to the urinal." Ancourt said, "I came up with my friend here to see a lady." I detained the prisoners in the front room while the sergeant examined the premises. I then took Chalmers to the station. As we went downstairs he said, "I was up here all the afternoon." It took me one or two minutes to get to the house. If one or two nails had been removed from the window it would take a very short time to remove the pane.
Before the magistrate, Chalmers, by his solicitor, pleaded Not guilty and reserved his defence.
Ancourt's statement before the magistrate: "I submit there is not one scrap of evidence. I am prepared to disclose a defence—my wife is here—and to ask for legal aid." His wife was called.
CHARLES ANCOURT (prisoner, on oath). On November 8, at about 9 p.m., I was on my way home, which is 50 yards from this flat, in company with a lady whom I have lived with as my wife for five years. I saw my fellow prisoner, I am sorry to say, standing at the corner. He said he was waiting for a friend, and asked, "Are you doing any thing?" I said, "No, I have not been up to much." He said, "You need not go home; come with me; you will enjoy yourself." My lady friend said she did not mind. That was nine o'clock. Till five minutes to ten I never left the public-house. I had never seen either of the witnesses before in my life. I did not say what the officer has said. What I meant to infer was that Chalmers admitted he had been there in the afternoon. I went there with no wicked intent whatever. I have lived in the neighbourhood within 50 yards of this house for seven years.
Cross-examined. I had never seen Nalkin before in my life. I was asked by Chalmers to come with him to see a lady friend and enjoy myself. We went to the door. I did not ring the bell. The little girl opened the door; there was nothing at all said, and I followed my friend upstairs. Chalmers did not take any notice of the girl, he simply passed up; he had been in the house before, and I followed him. The girl followed us up. I believe Chalmers told her to go and buy some sweets, and asked, "Where is your missis?" I heard no remark about £2. I did not put my finger up. I admit he did say something to her, but I did not catch what it was. We sat down in the room, and he said he was going out to the lavatory. I said, "I will come with you." I wanted to go. I had been in bed all day suffering from pains in the stomach. I followed him out, he went in first, and left me outside. He then came out, and as
he was going into the scullery the constable arrived. I was coming out of the lavatory. The door and the fanlight are close together. I did not see anything—it was dark—I had hold of his coat. When the constable fetched the two panes of glass and the boxes into the parlour I thought it was something funny, and I told him Chalmers had been there in the afternoon. I never said, "He did it." There was nothing done in my presence. I believe he is called "Scotty." I have only known the man three months. I said, "He went there this afternoon to see the girl." I did not say, "He got the glass ready to take out." I had never seen the man for over a month. I would tell him all about it, and that the man's name was Scotty. I never said, "He did it," or that "He got the glass ready in the afternoon." I said nothing to the girl. I heard her say nothing. My friend pushed past her. He knew all about the place. I took no notice of the girl.
NELLIE HENDERSON . I have been living with Ancourt. On November 8 he was indoors till seven p.m., when we went to St. James's Park, and came over Westminster Bridge at about nine p.m.; called at the "New Inn" had a drink, left there at 9.45, and were going home when we met Chalmers, whom I had seen once before. He said, "Hullo Charlie, where are you going to?" Chalmers said, "I am going to see a lady friend of mine, would you like to come up?" And that he had been up there all the afternoon. Ancourt went with him. I went home because I had a dog, leaving them together. I next saw them in custody.
JOSEPH CHALMERS (prisoner, not on oath), stated that he had never touched the fanlight, and suggested that he was being charged to screen another man; that he had visited Nalkin as stated in the afternoon, had made an appointment to meet her in the evening, and had invited Ancourt to go up with him.
Verdict, Ancourt, Not Guilty; Chalmers, Guilty.
Chalmers confessed to having been convicted on August 24, 1903, at Marlborough Street, receiving three months' hard labour for larceny. He had received also three months at Nottingham for stealing a bicycle on April 28, 1904; three and six months consecutive at Liverpool, on November 11, 1905, for loitering and stealing a watch; and on August 4, 1908, one month at Carlisle.
Sentence, Six months' hard labour.
BEFORE JUDGE RENTOUL.
(Friday, December 11.)
KIRKNESS, Octavius Allen, and KIRKNESS, George Edgar; both in incurring certain debts and liabilities, to wit, on November 17, 1907, a debt and liability of £697 to Hardebeck and Bornhardt, Limited; on February 4, 1908, a debt and liability of £942 to the said Hardebeck and Bornhardt, Limited; on November 14, 1907, adebt and liability of £569 to Bowman, Limited; on March 16, 1908, a debt and liability of £198 to Buller and Co., Limited, on March 21, 1908, a debt and liability of £432 10s. to the said Buller and Co., Limited; on or about February 5, 1908, a debt and liability of £45 to Joseph Moss Ansell; and on or about March 21, 1908, a debt and liability of £251 to the said J. M. Ansell, did unlawfully obtain credit in each case by false pretences and by means of fraud other than false pretences. Both being persons adjudged bankrupt did, within four months next before the presentation of a bankruptcy petition against them, being traders, unlawfully dispose of otherwise than in the ordinary way of their trade certain property which they had obtained on credit and had not paid for, to wit, on March 16, 1908, a diamond necklet and pendant of the value of £198, obtained from the said Buller and Co., Limited; on March 21, 1908, a diamond necklace of the value of £298, obtained from the said Buller and Co., Limited; on or about February 4, 1908, certain articles of jewellery of the value of £806, obtained from the said Hardebeck and Bornhardt, Limited; on January 21, 1908, a diamond necklet and pendant of the value of £45, from the said Joseph Moss Ansell; on March 16, 1908, two diamond rings, one diamond brooch, and certain other articles, of the value of £251, obtained from the said J.M. Ansell; and in and about the month of February, 1908, certain articles of jewellery of the value of £269, obtained from George Cross. Octavius Allen Kirkness in incurring a debt and liability of £250 to Harry Barnett on March 30, 1908, did unlawfully obtain credit under false pretences and by means of fraud other than false pretences.
Mr. Bodkin, Mr. Travers Humphreys, and Mr. Leycester prosecuted; Mr. Huntly Jenkins appeared for Octavius Allen Kirkness; Mr. George Elliott and J. Oddy for Ernest George Kirkness.
Each of the defendants pleaded guilty to certain counts.
George Edgar Kirkness was released on his own recognisances in £100, to come up for judgment if called upon; Octavius Allen Kirkness was sentenced to Six months' imprisonment, second division.
BEFORE THE RECORDER.
(Saturday, December 12.)
Mr. J. Harris prosecuted; Mr. Cornes defended.
Home, Poplar. On the 18th I got there after 12 p.m., too late to to admitted, and went down West India Dock Road looking for a place to sleep. In Three Colts Street I met a young woman, who took me into a house, which I did not like the look of, and I left there in about 10 minutes. I had then between 18s. and 19s. in my trousers' pocket. After walking about a minute along the street I saw two men running behind me with a third man. The prisoner was in front. He shouted after me. I stopped to look round. Prisoner came up and struck me in the face and behind the ear, knocking me down. They took all my money. A policeman came up. My trouser pocket was torn. Prisoner said to the others, "Come on, I have got it," and ran away. My head was cut and was dressed by the doctor.
Cross-examined. Only one man hit me. When paid off I drew over £4. I paid an old debt; when I went out on November 18 I had about £2, bought some things, had two glasses of beer—a few drinks—five or six; I had been in four or five public-houses; I cannot say how many drinks I had had. I was a little drunk—not much. This happened between one and two a.m. The night was a bit dark. I had not seen any of the men before. When I left the house I had a half-sovereign and eight or nine shillings in silver. I did not give the woman anything. Prisoner had no overcoat on.
Re-examined. Prisoner is the man who knocked me down. (To the Recorder. I saw prisoner sitting down in the police station, 10 minutes after I was attacked, and recognised him.
Police-constable GEORGE REED , 880 K. On the early morning of November 19 I, with Police-constable 381 K, was on duty in Three Colts Street, when I saw prisoner, two other men, and a woman together at the bottom of Three Colts Court. Shortly afterwards two women came out of the court and spoke to them. Prosecutor had previously gone alone out of the court, walking up Three Colts Street towards Commercial Road. Prisoner and the other men followed in the same direction. I and Police-constable 381 followed, thinking there was something wrong. We got within 40 yards of the prisoner, when we saw them strike prosecutor, knock him down, stoop over him, and apparently rifle his pockets. We ran up. When we were within five or 10 yards the two others ran away down Three Colts Court; prisoner started to run up Three Colts Street. When the others shouted, "This way," and prisoner followed them. We blew our whistles, followed within five or six yards, without losing sight of the prisoner. He was stopped by police-constable Kent, 652 K, in Gill Street, as they were running out of the court, and taken to the station. Prisoner is 6 ft. 0 1/2 in. in height. We never lost sight of prisoner. He had no overcoat on.
Cross-examined. We did not see prisoner pass anything to the other men. If he had done so I should have seen it; I never lost sight of them.
Re-examined. I saw prisoner and the other two rifling the prosecutor's pockets. I did not see who got the money.
Police-constable KNIBBS, 381 K. About 1.45 a.m. on November 19 I was with Police-constable 880 K in Three Colts Street, when I
saw two men and a woman talking at the top of Three Colts Court. Prosecutor came out of the court and proceeded up Three Colts Street towards Commercial Road. Two women then came out of the court and spoke to the men, who went after prosecutor. Prisoner was one of them. Thinking there was something amiss, 880 K and myself followed up Three Colts Street. When near the Limehouse Church Institute I saw prosecutor on the ground, the three bending over him, rifling his pockets, and then running away. The other two ran down Bell Alley. Prisoner was going past, when the others called out, "This way." He then turned and followed them. We blew our whistles, followed, and found prisoner in the custody of Police-constable Kent at the end of the alley. I returned to prosecutor, whom I found lying on the ground with a cut on his head; he went to the station with me. Prisoner had no overcoat on; one of the others had. I never lost sight of prisoner.
Cross-examined. I was five or six yards from the three men as they ran. When they started running they were 40 yards off or more. It was dark, but the street was well lit with electric lamps.
Police-constable THOMAS KENT , 652 K. In the early morning of November 19 I was on duty in Gill Street, when I heard a police whistle, and running in the direction of the sound I saw prisoner and another man rush out of Fire Bell Alley. I stopped the prisoner. He said, "It was not me who did it—I have only just left Wally Rutland." I had said nothing to him. I took prisoner to the station.
Cross-examined. Prisoner had no money upon him. I did not see the robbery.
Prisoner's statement before magistrate. "Last Saturday evening I was at Wally Rutland's house with his wife. About 12.30 I said I would go home, and he came along with me to Three Colts Street. At the corner of Three Colts Court, I said, 'I will leave you now.' Then a man walked out of the court and passed me; three or four minutes afterwards another man came running down and went up Three Colts Street. I wished my friends 'Good night,' then trotted off home. I saw two men fighting; one knocked the other down; I called the man a coward; he ran down the court. I rushed after him and heard a police whistle, when a police-constable caught hold of me. When I was charged, I said, 'I know nothing about it.' The prosecutor said I had his money, but they found none on me."
CHARLES HILL (prisoner, on oath). I am 24 years of age. I have never been in trouble for any serious crime. Four years ago I was fined five shillings for being drunk. I am a dock labourer, and was doing that work on the day I was arrested. I work four or five days a week, according as I get work on a ship, sometimes all day and night. On November 18 I was at Wally Rutland's house all the evening. I cannot remember the name of the street where he lives. About 12.30 I left him, and was going towards home. He and his missis came with me as far as Three Colts Court. I shook hands with them, aid was running home when I saw prosecutor and another
man outside the public-house fighting. The other man was using obscene language, which drew my attention to them. The other man knocked prosecutor down. Seeing prosecutor was drunk, I said, "What do you want to knock the man down like that for? Oh, you coward." He said, "What is that to do with you?" and rushed at me and then ran down the court. He did not hurt me. I then heard a police whistle and ran after him. (To the Recorder.) I did not pick up the injured man. When I got to the bottom of the court, Policeconstable Kent caught hold of me. The other man went round the corner. Another constable came up and said something to Kent. He took me to the station and charged me with knocking a man down and robbing him. The prosecutor came into the station, looked at me, and said nothing. One of the constables whispered to him and he said, "That is the man." I asked the inspector what I was there for and prosecutor said, "I charge this man with knocking me down and robbing me." I live at 16, Peer Street, Stepney, my father's house, half an hour's walk from Colt Street. I am single. My father works for Richardson's, the iron people. When prosecutor charged me I said it was not me. I was then searched, nothing was found on me, and I was taken to the cells.
Cross-examined. My name is Charles Hill. Linaski is supposed to be my father's name, but I understand he was married twice; he is known as Linaski. I have always gone by the name of Charles Hill. I have worked for the New Zealand Shipping Company. I did not give their name to the police, because I thought if they went there to make inquiries it would stop my getting work. I last worked for that company three months ago. I have since worked for my father, who is foreman at Richardson's, the iron people. I know Luke Osborn. He was not with me on November 18. He has been convicted. He was not assisting me in this—I did nothing at all—he was not there that I know of. He was not one of the men I was speaking to with Rutland. I left Osborn when I was going to Rutland's house. I first spoke of seeing the men fighting when I came up on remand. The two policemen in uniform were standing there when I wished Rutland "Good night." They were not following me when I saw the prosecutor Knocked down. I heard the whistle and ran to catch the other man. The police-constables mistook me for the other man.
Re-examined. I ran after the other man; he struck me.
Verdict, Guilty. Sentence, 12 months' hard labour.
Sentence, Six months' hard labour.
Mr. P.B. Petrides prosecuted.
Verdict, Guilty. Sentence, Six months' hard labour.
BEFORE THE COMMON SERJEANT.
(Saturday, December 12.)
STAPLES, James Ernest Lancefield (67, traveller), and COOPER, Simpson Lane (50, builder) ; both conspiring and agreeing together to obtain by false pretences from the trustees of the School for the Indigent Blind on divers dates between June 21, 1908, and August 18, 1908, certain goods, to wit, on June 22, 1908, goods of the value of £5 9s. 8d.; on June 23, 1908, goods of the value of £1 6s. 8d.; on June 29, 1908, goods of the value of £6 4s.; on July 8, 1908, goods of the value of £1 3s. 4d.; on July 17, 1908, goods of the value of £3; on July 30, 1908, goods of the value of £21 7s. 6d.; on June 29, 1908, goods of the value of £3 3s. 8d.; on June 30, 1908, goods of the value of £2 15s. 6d.; on July 10, 1908, goods of the value of £4 16s.; on July 13, 1908, goods of the value of £4 16s.; on July 24, 1908, goods of the value of £6 12s.; on July 6. 1908, goods of the value of £10 15s. 4d.; and on August 7, 1908, goods of the value of £40 16s., in each case with intent to defraud; both between June 21, 1906, and August 18, 1908, conspiring together to defraud the trustees for the School of the Indigent Blind of their goods.
The false pretences alleged were that Staples had served as a captain in the army and on the Indian Staff Corps, and that a letter respecting his services which he produced as a reference was a forgery; and, secondly, that orders sent in by him to the Blind School in the names of Cooper, Steel, Leach, Powell, Jackson, and Pownall were not genuine.
Mr. Graham-Campbell and Mr. S. Ingleby Oddie prosecuted; Mr. F.C. Wynn Werninck defended Staples; Mr. J. Wells Thatcher defended Cooper.
ERNEST DE VERE HILL , Acacia Cottage, Brixton Road. I am manager of the Factory and Sale Shop belonging to the School for the Indigent Blind, Waterloo Road. The school itself is at Leatherhead. I caused the following advertisement to be inserted on June 4: "A smart, tactful, representative required for the trade of a charity's workshop.—Address. A.A., Box 5, 752, Postal Department, 1/2 Daily Telegraph,' Fleet Street. E.C." In reply I received the following application, dated June 4: "In accordance with your advertisement of even date I have much pleasure in offering you my services. I am well connected socially and commercially, highly educated, and of smart appearance, tactful, and persevering, age 49, and intimately acquainted with the leading merchants, etc., in London, and am confident of being in a position to render you complete satisfaction should I gain your most esteemed patronage, which my references will fully substantiate. I may add that I am quite disengaged and shall be glad to wait upon you at any time. Awaiting your favour, yours obediently, J.E.L. Staples." On June 10 I wrote to Staples that if he thought he would like to represent the trade of this charity's workshops amongst its present customers and new clients on a
sovereign a week expenses and 10 per cent. commission on new business, and 2 1/2 per cent. on old, would he please call on the following (Thursday) morning. Prisoner Staples called on the following day, June 11, and handed me a card on which was, "Captain J.E. Lancefield Staples, I fracombe, N. Devon." He then told me that he had been an officer in the Army, and on the Staff Corps in India, and was on the Prince of Wales's bodyguard when H.R.H. was in India. I asked him then how it was he was prepared to accept so small a remuneration and he told me he had returned from India for the purpose of taking up his father's inheritance amounting to about £40,000. With regard to his own means prisoner said he had his pension. He then handed me the following typed letter, which he said was his reference with regard to his Indian services: "Rawulpindi, October 26, 1881. To the Secretary to Government of India, Commander-in-Chief, and Chief Director of Transport, Simla. I have not had much opportunity of personally testing the work done on transport duty by Lieut. Staples, as he was during the greater part of the campaign (and four months) on special detached duty at Attock and Peshawur until he crossed the frontier and proceeded to Cabul. From what I did see I can, however, certainly state that he is a most willing and efficient young officer, fearless and dashing, and thoroughly understands the management of convoys and the necessity of preserving strict discipline. I also know he had the hardest work at a most dangerous post (for which he readily volunteered) and most successfully carried out the operations for crossing convoys over the River Indus and only lost three horses out of a total of 7,000, besides camels and mules. He also aided the crossing of four batteries of artillery. Mr. Staples is an honorary lieutenant only, but has rendered most efficient service during the war, and has been strongly recommended for the permanent commission by General McGregor. He was under fire at Chariasiab and has been severely wounded in the left shoulder, and was twice attacked on the march whilst in charge of a large convoy of ammunition and treasure, etc. I have never had or heard of any complaints, and I most sincerely hope Mr. Staples will meet with the success he deserves. (Signed) C.S. Lane, Lieut. Colonel. B.S.C., Officiating Commissary General, Northern Circle." When I read the above letter I believed that Staples had been a captain in the army. He also produced a list of other references, one being W. Roberts, Esq., 42. Grattan Road, West Kensington Park, W., and another Simpson Cooper, West View Villas, Hayes, Middlesex. Messrs. Tatham and Sons, South Wharf, Paddington, were also referred to. He also showed me a portrait of himself in a captain's uniform with three medals and an order. On June 13, I wrote to Staples announcing the agreement of the Principal to his probationary appointment, and setting out the terms. On June 15 I saw Staples again and definitely engaged him. On June 16 he commenced his duties. I did not take up the references which he gave me in the first place, because I did not see how he could in any way be unfaithful to his trust, and in the second place I placed trust in him. I supplied him with price-lists to carry to customers and a duplicate
order book for use with carbon paper. It was his duty to call at the office every morning and hand me the orders he had obtained. On June 20 he handed me two orders purporting to be for goods to be sent to S.L. Cooper, builder and contractor, Hayes, Middlesex. There was a signature to the order, which purported to be the signature of Cooper. The orders were to be sent to the railway station at Hayes. I believed that the description "Builder and contractor" as applied to Cooper was true. On June 21 there was an alteration of the order and the goods were despatched and addressed to Cooper on June 22. I produce the invoice showing that goods to the value of £5 9s. 8d. were supplied. There is a second invoice to Cooper of the same date in respect of 170 yards tarred netting for £1 6s. 8d. I produce another invoice of goods supplied to Cooper for £6 4s., dated June 29, and another of July 8 in respect of two wool rugs, value £1 3s. 4d. On July 17 there is an invoice of one dozen distemper brushes at 9s. 6d., £4 16s.; and two gross sash lines at 12s. per gross; £1 4s.; total, £6. The total value of the goods supplied to Cooper is £20 3s. 8d. They were all supplied to Cooper on the understanding that he was a builder and contractor. I have never received payment for them and none of the goods have been returned. On July 29 there is an order signed by Staples for the delivery of distemper brushes, matting, sash lines, and other goods to Mr. Francis Steel, 5, Burnham House, Sulgrave Road, Shepherd's Bush. The value of the goods despatched to Mr. Steel was £21 7s. 6d. Under date June 26, I received an order signed "F.F. Leach," 33, Brackenbury Road, Hammersmith, for builders' baskets, bass brooms, distemper, and paint brushes, etc. That order was accompanied by the following letter from Staples: "June 27, 1908.—To the Manager.—Please note that the paint brushes named in the enclosed order are required forthwith. Mr. Leach is a builder and is well known to me." I believed that Leach was a builder and that the order was a genuine one. The value of the goods despatched to Brackenbury Road was £3 3s. 8d. Further goods to the value of £2 15s. 6d. were despatched to Leach on June 30. On July 4 I received an order signed by Staples for the delivery of distemper brushes, varnish, one dozen cane rubbish baskets, etc., to the parcel office, London and South-Western Railway, Hammersmith, to the care of Mr. Thomas Powell, builder, etc., 25, Cowper Road, Acton. The value of these goods was £10 15s. 4d. Builders are always requiring cane rubbish baskets and I believed that this was a genuine order from Powell. On July 10 I received from Staples an order to supply one dozen distemper brushes at 9s. each for Mr. Thos. Jackson, builder, etc., 145, Percy Road, Shepherd's Bush, the goods "to be sent at once by passenger train to Shepherd's Bush Station, London and South-Western Railway." On July 13 the order was repeated, the goods to be sent to the same station, "to reach there not later than two o'clock to-day." The value of the goods so far supplied to Jackson was £4 16s. and the invoice would be sent to his address in Percy Road and there was a further order amounting to £6 12s. All the goods despatched to Jackson were on the understanding that he
was a builder and that these were genuine orders from him. On August 6 there it an order signed by Staples for the delivery of goods as follows: "Please supply to-day to the order of Mr. L.S. Pownall, builder, etc., 20, Willow Vale, Uxbridge Road, six dozen 10 oz. distemper brushes at 8s. each; four dozen 6-oz. painters' brushes, to the Parcel Office. London and South-Western Railway, Putney Station. Carriage paid. By three o'clock if possible." The invoice despatched on August 7 to Pownall shows the value of the goods as £40 16s. I have never received payment of any of the above-mentioned orders. I thought Mr. Pownall was a builder. There are other orders which I received from Staples which are not charged in the indictment. I am afraid I cannot give the total value of the orders received, but my accountant will be able to give it. I arrange with my representative that the terms shall be payment within one month. I stated that to Staples verbally. I had conversation with Staples from time to time about Cooper's account. Staples said he knew him as a builder, and had known him for many years as a man in a good way of business who had had dealings with his (Staples's) father's firm in past years. I have also questioned him about the other orders. He has said the same in each case, that he knew the people giving the orders personally, and was satisfied that they were men in a good way of business. From June 16 I kept on receiving orders right up to August. Getting no payments, I became dissatisfied and discharged him in September.
Cross-examined by Mr. Werninck. Besides myself, as manager of this depot, there is the principal, the Rev. Sinclair Hill, who is the head of the school. He is my brother. He sometimes attends at the depot, and was there several times when Staples was in the office. He interviewed Staples in connection with his proposed engagement, but simply subsidiary to my management. The appointment was in my hands, but I had always to consult the principal in such cases. I did not make any inquiries as to Staple's references. The letter from General Lane and the photograph were produced to me on June 11. As to the suggestion that they were produced after I had employed him, I should not have employed him if I had not had something to go upon. Possibly reference to the three firms named by him would have been the best way to find out what the man was. The £1 per week was for travelling expenses. As none of the goods ordered through Staples have been paid for, he has had no commission. The conversation as to the month's credit took place in my office; it was not included in the terms of my letter. It was three weeks or a month after I had engaged Staples that I found things were not going quite right. Several things happened which roused my suspicions. Goods sent by Carter Peterson to a man named Dearman at Clapton were returned, and within half an hour after the parcel had come back a boy called asking for the things and saying that his father was out when Carter Peterson called. Of course, I ordered that they should not be given up. Next morning, when Staples arrived, I spoke to him about it, and he said I was placing him in very great difficulty by not allowing the things to go. that he
knew Dearman very well, and that Dearman had sent to his private house to complain about it. I said, "What business has Dearman to come or send to your private house. I am manager here; I deal with these things in my own way. How did he come to know your private house to start with." I put the question to him and he could not answer. I then followed the case up and went down to Clapton and found that the place where Dearman was supposed to be was a backyard, through an archway, nothing at the back of it at all. Nobody knew anything at all about Dearman. Carter Paterson could not find him, and the letter with the invoice was returned the next day by the Post Office. Despite my suspicions I continued to employ him; I was following his movements. Although I was suspicious of him I allowed him to go about armed with a card✗ describing himself as representing the Rev. Sinclair Hill, M.A., principal of the school, for another two months, for the purpose I had in hand. No charge is made in respect of Dearman; he did not get the goods, you see. Goods in respect of the other charges have come back; the police have brought several things in. I think a customer named Leach brought some things back not the Leach we have been dealing with. Charges were orginally made not only against Staples and Cooper, but also against Leach, Powell, and King. The total amount of goods included in the present charges is £115. Before Staples was discharged in September he appeared before the committee, which included myself and the principal. Staples gave some explanation as to his services in India on that occasion. He also endeavoured to give explanations an to these various transactions; that was the purport of the committee meeting. I did not hear him give any invitation as to our solicitors seeing into these matters. I have been in the army myself. We did not discuss matters relating to the service, having a common interest in that way. It was not on some such occasion as that that he made reference to his Indian services. As I have already stated that occu✗red at the time of my first interview with him. After he had appeared before the committee, the committee directed that the prosecution should go forward, and I placed it in the hands of the Public Prosecutor. It is not a fact that after his discharge Staples commenced some proceedings against us in respect of his dismissal. I commenced an action in the County Court against him for £5 I had lent him out of my own pocket. I shall never see a penny of it, I know. When this prosecution was ordered to go on I dropped this action. I was upset about the £5, but still more upset about the way our blind people had been dealt with. I quite agree it would have been better to have taken up the references.
Cross-examined by Mr. Thatcher. None of the brushes supplied by Cooper were made by the blind. The plasterers' brushes were made by Foulgers, of Billingsgate, wholesale brush manufacturers. You may take it as a general rule we should not be likely to do any trading of that kind outside of our own blind work without we made a profit of from 20 per cent. to 25 per cent. You will understand that we often have to do work at a loss in respect of blind labour. I was satisfied with the answers Staples gave me with regard to
Cooper. I have never referred to such firms as Stubbs' Mercantile Offices, Perry's, of Bush Lane, Cannon Street, or Kemp's, Limited, Cannon Street. I thought I was dealing with a representative who was an honourable man and that was sufficient for me. Without making any inquiries I allowed Staples to go forth and issue the card produced as the representative of the Blind Society. He was absolutely under my direction. There is no reason why there should be a difference between our ordinary note paper and the title upon the order forms. It is perhaps a mischance that the word "indigent" is dropped out from our note paper. "Indigent" has been part of our title for the last 120 years. Beside myself, my accountant, Mr. Eason, would be an official to inquire as to the business standing of customers. I have seen prisoner Cooper at the offices in Waterloo Bridge Road. I suppose that would be some time in September. We did not expressly send for him, but we sent him a letter about his account, and he came. The conversation he had was with Mr. Eason in my presence. Cooper asked for an extension of time, and undoubtedly acknowledged that he was indebted to the society.
Re-examined. Staples had every opportunity of making explanations before the committee. He endeavoured to make the committee believe that his dealings had been quite in order, and that if they would give him time he would prove it.
CHARLES STEWART LANE , C.B.; retired major-general. In 1881 I was serving at Rawal Pindi. I do not recognise prisoner Staples as having served under me. I have no recollection of having written the letter of October 26, 1881, concerning his services, which has been produced. I should not have addressed a letter to "The Secretary to Government of India, Commander-in-Chief, and Chief Director of Transport, Simla," nor should I have signed a letter as "Officiating Commissary General, Northern Circle." The designation "Northern Circle" did not exist in 1881. I have never written a letter addressed in that way, or signed in that way.
Cross-examined by Mr. Werninck. In October, 1881, there was a large number of officers and men under my command, both officers in the army and officers attached for special duty in connection with transport and other matters. It would not be surprising that after 27 years I could not recognise one of the officers who was then under my command. I sometimes wrote testimonials for officers whom I knew. Those would not be addressed to the Secretary of the Government of India. I should address no letter or testimonial to that official. If I had been recommending a transport officer for a better post I should have sent the recommendation through the Commissary General. I should not have written to the Commander-in-Chief about such a matter. It is quite possible, seeing now busy I then was that one of my officers or soldiers would write the letter and I should sign it, but never except from a draft in my own hand. The position I occupied at that time was that of Deputy Commissary General of the Upper Circle. There was not such an office as Officiating Commissary General of the Northern Circle until years after. I was Officiating Deputy Commissary General not Officiating Commissary
General. 1881 was about the time that the delimitation of the Afghan Frontier was going on. At the time I was supposed to have written that letter there were three Deputy Commissary Generals of the Upper, Lower, and Central Circles. There was one Commissary General. The Commander-in-Chief was with the Governor of India either at Calcutta or Simla, as the case might be. Five, six, or seven years afterwards, I cannot say how many, the whole thing was altered and remodelled. I do not recognise the Northern Circle, which was not created when I was retired. It may refer to the Upper Circle, which relates to the Northern part of India. There may have been a Lieutenant Staples serving in one column while I was in another. The letter speaks of Lieutenant Staples being wounded at Chariasiab, which is on the Cabul line, whereas I was on the Kandahar line. There was very little circle about the Afghanistan campaign. You left India altogether, going up the Bolan Pass to Kandahar and up the Kyber Pass to Cabul. I point to the beginning and the end of the letter as showing it is not of my composition. It was not my custom in the service to address myself to three officers in one letter; I thought it was bad enough to have to write to three. I am aware that the letter produced is only a copy of a testimonial I am supposed to have written. It is not possible that I may have written three testimonials in similar terms to three different officers; I should not have been such a fool, I think. If I had written or drafted a letter recommending Lieutenant Staples I should have written in the third person.
(Monday, December 14.)
ROBERT ERNEST MONTGOMERY , clerk in the India Office. I have made a search of the Indian Army lists commencing in 1875, and have found no trace of the name of James Ernest Lancefield Staples amongst the officers in that list. I have also examined the list of retired and pensioned officers with the same result. The photograph produced (of Staples) appears to be that of a captain wearing a uniform of Hussar pattern, undressed. We also keep at the India Office a record of officers wounded in battle. I do not find Staples's name amongst that list. The engagement of Chariasiab, which is in Afghanistan, took place in 1879. The lists we have include the irregular officers, and in it honorary lieutenants would be recorded.
Cross-examined by Mr. Werninck. The India Office records would only include men directly employed or engaged under the Indian Government. I do not think it would follow that a man temporarily employed, or employed for special duty under the Punjab Government, would be included. A temporary commission would be recorded. I do not know that any man would be enrolled by the Punjab Government as an officer. Possibly a good many officers would be enrolled for duty in a hurry during the Afghan campaign. I cannot say that any officer enrolled by a local Government would have his record sent to headquarters and be enrolled at the India Office. A temporary commission would be enrolled certainly; there could be no possible omission.
JOB BAKER , packer and salesman to the School for the Indigent Blind. It is part of my duty to hand things for delivery to carmen, and the things so delivered I enter in a carman's book. The invoices are handed to me every morning and I despatch them with the goods. A copy of the invoices is kept in the office. On June 22 I handed to prisoner Cooper, whom I now identify, goods to the value of £5 9s. 8d., together with the invoice at the shop in Waterloo Road. The goods (tarred string netting), amounting to £1 6s. 8d., were handed to the carman for delivery; also the list of things in the order dated June 29, amounting to £6 4s., and in the further invoices of £1 3s. 4d. on July 8, and £6 on July 17. With regard to the goods sent to Francis Steel, amounting to £21 7s. 6d., I handed those with the invoice to the carman. (Witness gave similar evidence with regard to the goods supplied to F.F. Leach, Powell, Cowper Road, Acton, and Mr. Thomas Jackson.)
To the Common Serjeant. The basket work is mostly made by the inmates, but we make brushes as well.
CHARLES HAWKES , parcel carman in the employ of the Great Western Railway Company at Hayes Station, remembered receiving certain goods addressed to Cooper on June 24 and delivering them at No. 2, Westgate Villas, Hayes. A woman whom witness knew as Mrs. Cooper took the delivery sheet inside and he could not say who signed for them. On July 9 he took another parcel to 2, Westgate Villas, but it was not delivered until July 15, the sheet being signed by L. M. Cooper. The delay was accounted for by the woman stating that she had no money.
RICHARD BARRETT , clerk in the goods department of the Great Western Railway at Hayes, remembered prisoner Cooper calling on July 15 and asking if there were any goods there for him. Some goods had arrived on June 29. Prisoner wanted to look into one of the hampers to see if there were any brushes there, but witness would not allow him. Prisoner then gave instructions for the goods to be delivered.
Cross-examined. The goods were not delivered to Cooper on that occasion as there were carriage charges to be paid.
ARTHUR ALFRED LILLEY , booking clerk at the London and SouthWestern Railway Hammersmith Station, produced a book showing the signatures of persons to whom goods had been delivered. On July 17 there was a parcel for delivery to S.L. Cooper, for which prisoner Cooper signed.
JOSEPH BROOKER , gardener, employed at 1, Westgate Villas, Hayes. My mistress, Mrs. Mary Brown, is an invalid. She owns the house next door, No. 2, Westgate Villas. Prisoner Cooper took that house on August 10 last year. Mrs. Cooper lived with him. I was in the kitchen when he had an interview with Mrs. Brown. I heard her ask him for references, and he wrote out the following on the back of an envelope she gave him, which had been addressed to herself: "Messrs. King and Lines, timber merchants, 7, Eastcheap, E.C.;
A.N. Morkhill, Esq., general manager, The Checkogram, Limited, 150, Oxford Street, W.; Captain Staples, 232, The Grove, Hammersmith."
Cross-examined by Mr. Thatcher. Cooper did some drainage work for Mrs. Brown, and employed two workmen on the job, and a plumber afterwards.
Re-examined. The underground pipes outside the house were passed by the sanitary inspector, but the work inside the house has never been finished. I have not known Cooper carry out any other building operations. He laid drains to his own house at the same time.
ALBERT FELTON , porter, employed by the Great Western, at Hanwell Station; and John Armstrong, checker, G.W.R. Station, West Ealing, gave evidence of the reception of goods at those stations addressed to F.F. Leach. Felton did not identify the recipient of the goods. Armstrong identified Cooper by a peculiarity about the left eye (a slight droop of the eyelid).
ALFRED ARTHUR BAILEY , stationer's assistant, employed at the Army and Navy Stores, Westminster. I live at 33, Brackenbury Road, Hammersmith. Brackenbury Road runs into the Goldhawk Road, which is a turning or two beyond The Grove, Hammersmith. On December 3, 1907, prisoner Cooper came to my house and engaged two private rooms, of which the rent was 8s. a week. He stayed until July 15, 1908.
To Mr. Thatcher. He paid six weeks, and was there a little over six months. His family consisted of Mrs. Cooper and three children.
ERNEST FURZE , Feltham, relief clerk employed by the L. and S.W.R. Company. On July 1 I was at Hammersmith Station. I produce a record of parcels. On July 6 I received a parcel addressed, "T. Powell, Hammersmith." It was called for on the same day. I cannot identify the person who called. The book is signed, "T. Powell."
THOMAS JOHN PILE , clerk at the Shepherd's Bush Station of the L. and S.W.R. I produce the record of the receipt on July 10 of a parcel of goods consigned from Waterloo to T. Jackson, to be called for, There are records of other parcels having been received on July 13 and 24. Prisoner Cooper called for the parcels and signed for them in the name of "T. Jackson." In November, at Tower Bridge Police Station, I was asked to pick out the person who called for the packages from about fifteen others, and I have no doubt that Cooper was the person who called for the goods.
Cross-examined. I know John Armstrong, the G.W.R. Company's checker. I met him at Tower Bridge in November. I did not discuss the case with him. I could not say whether he or I first identified Cooper. About four months had elapsed since I had seen the man who signed in the name of Jackson. I see a great many people in connection with parcels. I had no difficulty in identifying Cooper. He came to the parcels office four times. The office is a light one: we have three windows. We do not burn gas unless it is foggy. I do not recollect anything distinctive about Cooper, but I know persons if I have seen them two or three times. I gave the detective-sergeant
a correct description of him at Tower Bridge, as being tall, with red complexion, rather big across the shoulders, wearing a Trilby hat, and a grey coat. I have a good memory for faces.
JOSEPH POCOCK , carman employed by Pickford and Co. I produce my record of deliveries. On July 31 I received two packages of goods from the Blind Institute, Waterloo Road, addressed in the name of Steele, 5, Burnham House, Sulgrave Road. I carried them up to the top floor. There were two or three people on the landing when I delivered them. I recognise Cooper as being one of them. I did not see who signed for them as I had gone down to get the second package. They were signed for in the name of F. Steele. I picked out Cooper at the Tower Bridge Police Court in November from, I should think, twelve others.
Cross-examined. It was very dull at the time I delivered the goods. I had no conversation with witnesses Pile or Armstrong before the identification. I have a pretty good insight as to people I take goods to. Sulgrave Road is the first road I traverse in the morning. I was at Burnham House somewhere about nine o'clock. When I first went upstairs I could not make anybody hear, so I went on my round and delivered the goods as I was going home to dinner. One of the other men was a tallish, thin man with a slight dark moustache; of the third I have no recollection. Copper I described to the police as tall and stout and looking peculiar about the face—a man that you could not help remembering.
PERCY LITTLEWOOD , assistant parcels porter, Putney Station (L. and S.W.R.), stated that the goods mentioned by the previous witness were received on August 6 and called for on the same night. He did not identify the person who called for them.
ALFRED HUGHES EASON , accountant at the factory, Waterloo Road. The procedure with regard to orders is that letters are received and the orders taken out. Then they are handed to the manager for acceptance. Then notices are handed to the warehouseman and from him to the invoice clerk, and they are entered into the day book and from the day book into the ledger. Finally, the invoice book is handed to Baker, the packer, and he packs the goods from the invoices. I mentioned to Staples myself that the terms were monthly. I remember the orders coming from Staples after his appointment. As the names of the new customers were posted into our ledger I asked him, with reference to them, if he knew them personally, if they were builders and what he represented them to be, and he said, "Yes," but in one or two cases he said he did not know them personally. I called his attention to the name, "S.L. Cooper." He said that S.L. Cooper was a great friend of his, and he had known him for many years as a builder and contractor, as a man who had undertaken large contracts, had built several large houses in Worcester Park, and had purchased large quantities of timber from his (Staples's) father's firm. As to Leach, he said he knew Leach as a builder and that he
was quite all right as regarded the payment of his money, and I need not worry about the account at all. Powell, he said, he knew as a small builder. When I pointed out T. Jackson's account he said he knew him and that he was a builder and decorator. F. Steele, he said, was a builder and known to S.L. Cooper, of Hayes. Pownall, he said, was a builder and decorator. No payment was received from these new customer. We sent out the usual statements of account, and as the money did not come in I spoke to Captain Staples about the accounts of Cooper and Leach before I went for my holidays, which would be during July. He said he could not understand our not having had any payment, that he knew these two men intimately and would call upon them himself. I then went for my holidays, and directly I came back—during the second week in August—I spoke to him again about these people, no money having come in during my absence. He said he could not make it out; they had always paid before, and he said also that S.L. Cooper had always paid for those large consignments of timber he had had from his father's firm. I said it was not at all satisfactory, and as he (Staples) did not seem to be doing anything in it I should go for these people in the usual way and send round a circular letter saying that if the accounts were not paid we should take proceedings against them. Letters were accordingly sent. No replies were received, but in the case of "T. Jackson" the letter was returned.
Cross-examined by Mr. Werninck. I do not know that Cooper has been carrying on a lot of building operations. Besides F.F. Leach, we have as a customer a Mr. A. Leach, whose occupation is given as that of builder and decorator. I am certain that the statement "builder and decorator" was made of F.F. Leach. I am certain he was not described as a builder's accountant; the designation "builder's accountant" has never been mentioned to me. I did not make a note at the time of the descriptions given to me. With regard to the descriptions, I am not relying entirely upon my memory, but upon the statements on the orders in his memorandum book. I verified Staples's statements from the official orders. I have made no inquiries as to whether Staples's descriptions of the customers were true or not, but in the case of T. Jackson I went over to Percy Road, Shepherd's Bush, some time in September. I also called about Powell and found that Powell and Jackson appeared to be the same person. I was present at the committee meeting that sat to inquire as to Staples's conduct. Staples on that occasion offered to give an account of his dealings, but did not to my knowledge offer to accompany me or anybody else round to see these defaulting customers. Major-General Hill was present on the occasion. Staples spoke about his services in India. He has not received a penny piece in respect of commission, but I do not admit that he stands to lose in respect of these orders. We have not received a single penny from his introductions with the exception of A. Leach, and his cheque for £2 did not come in until after these proceedings bad been taken.
Cross-examined by Mr. Thatcher. It is not right to say that I relied entirely upon the statements made by Staples. It was not my
business to trust these men. I, as accountant, do not take the responsibility of accepting orders. Mr. Hill accepted or rejected orders as he thought fit. It is not my business to inquire as to the business standing of trade customers. That is the manager's business. When Cooper came to the office about September 10, he said, "I have come about my account, which he acknowledged was overdue. I said that if we did not have payment we should take proceedings, and he replied that I need not worry as he was doing some building at the time. From what he said I understood it was a fairly large contract. He did not say where the contract was, and I did not ask him. I cannot say whether anyone else was present in the office. I had no occasion to ring Cooper up on the telephone and cannot say whether his telephone number (Hayes 25) was given on the orders given in his name.
Re-examined. On inquiring for "L.S. Pownall, builder, etc., 20, Willow Vale, Uxbridge Road," I found that there was a man named Powell, who was a carpenter and used the name of Jackson at 145, Percy Road, Shepherd's Bush. I was referred from one to the other. The total amount of the orders obtained through Staples was roughly £220.
FRANK LEACH , 13, Madras Place, Holloway Road. I am a builders' accountant. I was originally one of the defendants. charged in this conspiracy and was discharged on December 2. I have never lived at 33, Brackenbury Road. The signature "F.F. Leach," to the order dated June 26, for the goods to be supplied by the School for the Indigent Blind was not written by me or by my authority. I never ordered any goods from the school, nor authorised anyone to do so. It is not correct to describe me as a builder. The signature to the delivery of the goods is not in my writing and I never authorised anyone to sign in my behalf. I never received the goods referred to on the delivery sheet produced. Subsequently I remember meeting Cooper and Staples in the "Mitre," Chancery Lane, but I cannot fix the date, I should think about the beginning of September. Staples had a book, in which I noticed the entry, "F.F. Leech." I asked Staples if that referred to me and he asked me if I would make a payment on account. I most indignantly said, "I do not owe you any money; I never gave the order." I was very cross about it. I did not know at the time where the order came from or what it was about. I said to Cooper: "What do you mean by this? I do not understand it." He turned round in reply and said to me, "There are more Mr. Leaches than one." I have known Cooper anything between three and four years. He never carried on business at Hayes to my knowledge. In June and July of this year he was negotiating. I will not say I worked for him; I was employed by him. I think March of this year was the last date when he did any building.
Cross-examined by Mr. Thatcher. The latest building contract Cooper had, to my knowledge, was for about £1,500, to build seven private houses at Finchley. I cannot say whether he has any equity in it—that is a legal phrase. There is a building agreement; he has finished the property; it has not been disposed of; the mortgagees
have not foreclosed. I cannot speak distinctly as to any other contracts, but I know that he has done several. I happened to be looking over Staples's shoulder at the time I saw my name in the book; it was a coincidence, but it did happen. It is possible I might be mistaken as to the initials in the book.
THOMAS POWELL , carpenter, Willow Vale, Shepherds Bush. I was originally charged with conspiring with Staples and Cooper, and discharged on December 2, 1908. I never lived at 25, Cowper Road, Acton. I did not order the goods mentioned in the order of July 4. I have never ordered any goods from the School for the Blind or ever authorised anyone to do so. The signature in the book produced by the witness Furze is not mine, and I never authorised anyone to sign it. Nor did I sign the signature "L.S. Pownall" in the book of the L. and S.W.R. Co., which has been produced. I was living at the time at 145, Percy Road. I cannot tell exactly when I left, but I think it was about five months ago. I lived there in the same name that I always go by, Thomas Powell. While I was there no builder named Thomas Jackson lived there. After I had left Percy Road, and had gone to live at Willow Vale, I remember prisoner Cooper asking me if I would take a letter in for him. I said I would. He did not say in what name it would come. A letter did come, addressed in the name of Pownall. I opened it. It contained an invoice. I could not tell you what place it was from. I saw it was not for me. It came on a Saturday, and I simply gave it to Cooper on the following Monday morning, telling him I did not like to have letters addressed to my place so near to my own name as "Pownall," and I asked him not to have any more sent there. The last time I knew Cooper do any building was 18 months or two years ago at Finchley. To my knowledge he was not carrying on business as a builder at Hayes in June and July of this year.
Cross-examined. I was not working for Cooper in June or July of this year, and could not possibly tell you his movements, but builders as a rule are looking about to find something the same as the men in their employ. I have known Cooper seven years, during which time I have worked for him. I did staircase work for him as a rule, sub-contracted for carpenter's work. I have known him to have from four or five to as many as 20 men working for him. As to whether it is a fact that Cooper's trade is that of builder and contractor, that is all I knew him as, nothing else. I cannot say that the handwriting on the delivery sheets is Cooper's.
Detective-sergeant WILLIAM EUSTACE , Criminal Investigation Department, Scotland Yard. At 11.45 p.m., on November 10, I was with Sergeant Brooks in Chancery Lane. I saw there the two prisoners together, leaving the "Mitre." Addressing Staples I said, "We are police officers, and hold a warrant for your arrest. Shall I read it to you here, or at the station?" Prisoners said "At the station." I took them to the Kennington Road Station in a cab. On the way, Staples said, "Conspiracy! I do not know what you mean. I was a traveller, and sold goods. I did not stay on the doorstep to see what they did with the goods. The manager should have made inquiry and satisfied himself that the people were all right. I am sorry you found me with Cooper, because it makes the thing look black. I am
sorry I ever knew Cooper." At the station I read the warrant to both prisoners; they made no reply. On November 10 I went with Mr. Eason and Sergeant Brooks to Burnham House, Sulgrave Road, the address given by Cooper I there found a letter addressed, "Mr. F. Steel," as follows: "Dear Sir, re overdue account. I have to inform you that unless your account for £21 7s. 6d. is settled without delay the matter will be placed in the hands of our solicitors," and signed by Mr. Eason. I there found a number of baskets and other articles which were identified by Mr. Eason at supplied from the Blind School Factory. From there I went to 105, Blenheim Crescent, where I knew prisoner Cooper lived. The order of June 18, is undoubtedly in Cooper's handwriting. The signature, "F.F. Leach" to the order form of June 26 is in Cooper's handwriting. The signature to the agreement, August 10, 1907, for the lease of No. 2, West Cliff Villas, from Mrs. Mary Brown, is also in Cooper's handwriting. (Other writings stated by witness to be in Cooper's handwriting were a fragment of a letter written to Mrs. Brown; the signature, "T. Powell" in the book produced by the witness Furze, dated July 6; the signature, "F. Steel" on July 31; the signature, "S.S. Pownall for Powell" of October 6; the signature, "F.F. Leach" to the delivery sheet of June 29 produced by Felton; the signatures, "T.J. Jackson" under dates July 10, 13, and 24, in the book produced by Pile. The various documents were submitted to the Jury for examination and comparison).
JAMES ERNEST LANCEFIELD STAPLES (prisoner, on oath). I am 67. I was in India 19 years, and first went there in 1866. From July to November 23, 1880, I was under the command of General Lane, whom we saw here on Saturday. I recognised him, though he did not recognise me. I was again under his command from March 23 to April 17, 1881, when I returned to the front on special duty to hand in reports concerning matters lost on the march during convoy. I was with him on four different occasions going through the reports. My position was that of honorary lieutenant of transport under the local government of the Punjab. I heard the gentleman from the India Office say there was no record of my services or of my name. I account for that by the fact that we had nothing to do with the India Office. We were entirely under the local government of the Punjab. I took part in the engagements of Peiwar Kotal and Chariasiale, and at the latter place was wounded in the shoulder, and the scars are to be seen at any time. I left India in 1885. On the first occasion when I went to see Mr. Hill, which I think was on June 11 last year, I said nothing to him about my Indian services;. there was no occasion. I did not speak of them until about a week after I had entered the service of the institution. I gave the references to
the Rev. Sinclair Hill in his office at St. George's Circus, not at the factory. Mr. de Vere Hill took me to his brother on that occasion. One of the references was the prisoner Cooper. The others I think were Klein and Co. and MacNeil and Co., but I will not be certain. They were people by whom I had been employed. One might have been Tatham and Co. I know there were three references. I received information from Cooper that he had been written to, and I supposed the other references had been taken up. I met the secretary of one of the firms, and he said he did not recollect any letter being written to him at all. On the Monday after I entered the service of the Blind School I started travelling for orders. Nothing had then been said about the terms on which business was to be done, simply the amount of travelling expenses and commission. The month's credit was not mentioned until about six weeks afterwards. The first complaint as to default in payment of the firms I introduced was at the end of July. I endeavoured to obtain credit and informed Mr. Eason that builders were sometimes long-winded and took three or four months to pay their accounts, that being the usual credit. In September I was twice before the committee, and all these matters were thoroughly gone into. On the first occasion Major-General Hill was chairman. I explained to him my position and told him I had belonged to the Irregular Punjab Cavalry, and he wrote it down. I told him I had received the orders in good faith, that I had known Mr. Cooper many years, that he had had dealings with my father's firm, that I knew he had just completed a very large contract at Finchley, and that I knew he was in credit with large city firms to the tune of £300 or £400, had mortgages on property at Finchley to the tune of £600 or £700, and if they would only wait I would guarantee that the account should be paid. At the second meeting Colonel Bosanquet acted as chairman. I said I was sorry the accounts had not been paid, but if it was thought there was anything wrong why not take legal steps to recover. All these statements were taken down in writing, and I am surprised they are not produced here to-day. At the second committee meeting I was discharged. Of course, I have received no commission. As the accounts were not paid I was not entitled to it. With the exception of the £1 per week for expenses I have not made a penny piece out of any of these transactions. I did not see the things dispatched, nor did I see them afterwards. I gave in the orders and left them to be executed by the manager or declined. I have never conspired with Cooper or anybody else to defraud the Blind School.
Cross-examined. When I first went out to India I was not a private. There is no necessity to be a private in order to become honorary lieutenant in an irregular force. I was in the Public Works Department, acting as Clerk to the Superintending Engineer at Ambala, and seven or eight of us gave up our employment and proceeded to Rawul Pindi. I joined the Punjab Frontier force (transport department) in 1873. I had then been in India six or seven years. I was lieutenant in the North Middlesex Volunteers before I left England. I remained honorary lieutenant until 1885. I cannot produce
any records of my services. I heard Mr. Montgomery say that the India Office kept records not only of the regular, but of the irregular forces, and also that if I had been honorary lieutenant in an irregular force he would have expected to find a record of my services. I do not agree with that because I know better. Records may have been kept within the last few years, but not previously, neither in the Punjab, Bengal, nor the North-West Provinces. The explanation of there being no record of my having been wounded is that I was not under the Government of India at all, but under the local government. I have no doubt the fact appears in the records of the Government of the Punjab. I heard him say that a record was kept at the India Office of all persons having pensions, but I never said I had a pension.
I heard Mr. Hill say that I told him I had a pension and that I was going to fight for my father's inheritance. I deny that I said I had a pension. I told him I should have had one if I had remained a few years longer. People twist things round to suit their own convenience. If I had had a pension it would have been paid by the Government of the Punjab out of the Lahore Treasury. General Lane would not have any experience of my conduct in the field. His headquarters were something like 700 miles or 800 miles away from where I was. The letter from General Lane which I showed to Mr. Hill is a copy I received from a friend named Henry Lumsden, who was in the Military Department at Simla when I was at Ambala. I should not have been wounded if I had not been fighting. What is said in the letter about crossing the Indus is perfectly true. Crossing the river before the bridge was built was one of the most dangerous affairs throughout the whole campaign, the current running from 15 to 20 miles an hour. I heard General Lane say that he could not possibly have written the letter at all, and would not have been such a fool as to address one letter to three different people. As to the word "deputy" being left out, that word made very little difference to his rank. I heard General Lane say the Northern Circle did not exist in that year, and that is where I differ from him. The Upper Circle was formed out of the Northern Circle, and if Mr. Montgomery will search his records it will be found that is so. That was done by the Government Ordnance Survey. I am sure there was a Northern Circle before 1881. The Ordnance Survey will show that it was altered in 1886. I told Mr. Hill at our first interview what I was. He said he wanted a gentleman. "Well,"" I said, "if you want a gentleman, I am a retired officer, there is my card." I did not then describe my Indian services. I style myself captain, but I was never a captain. I was honorary lieutenant. I did not get a permanency because I did not wait for it. With regard to my reference, Mr. Roberts was a solicitor. I never had lodgings at 42, Grattan Road, West Kensington Park. I said that Roberts and Cooper, my co-defendant, had known me for many years and could conscientiously speak for me. Messrs. Tatham and Son were my employers about 1905 and 1906. I travelled for them in building materials and tiling. I was paid £1 per week and commission. I found them a few customers, Cooper amongst them. He was carrying out a job at the time. I believe
that Messrs. Tatham supplied him with goods. I do not know that they were never paid. I did not leave their service for nearly a twelvemonth after I had introduced Cooper. The uniform I am wearing in the photograph of myself produced is a transport uniform patrol jacket, undress. It is not the uniform of a captain, but of a lieutenant. With regard to the medals on the jacket, I have not got them now. Two represent engagements in Afghan campaigns, one the Hazara (Punjab) Expedition and the other is a Chinese medal. I was in the "Chinese Marine" as a midshipman on the China station in 1862. Amongst other ships I was in, the "Spitfire," which was purchased by the Chinese from the British Government, and the "Wanhoo," and was present at the taking of the Taiku forts. I pawned the medals at Avant's, in Fleet street.
(Tuesday, December 15.)
JAMES ERNEST LANCEFIELD STAPLES (prisoner, on oath), further cross-examined. I quite misunderstood you yesterday. I suffer very much from deafness. I was not in the Chinese service. The China medal is an English medal for services in the war against the Chinese. I was not in the Chinese Marine and wish to withdraw what I said about being in the Chinese service. I was an able seaman on board the "Canton," which was engaged in bombarding the Taiku forts. I may be wrong as to the date; it is a good many years ago. I was never on the Indian Staff. What I told Mr. Hill was that had I remained longer in India I should have got on to the Indian Staff Corps, and then what a splendid position I should have had. I certainly did not say that I was on the Staff Corps, as such a fact could have been very easily proved. I told him I knew several of the leading merchants of London, not that I was associated with them. I may have said that my references would fully substantiate that. I told him I was 49. I came to be acquainted with the leading merchants by travelling for them. It is a fact that I am an undischarged bankrupt. My acquaintance with Cooper began in 1891 or 1892. When I first knew him he was building a number of large flats and shops in Westminster, having just completed a contract for nine or ten large houses at Church End, Finchley. As to his business premises, I suppose they were on the premises he was building. I do not know where he kept his ladders and things. When I supplied him with the brushes and things he was just expecting to commence a new contract at Tottenham. I went down to Hayes to see him. There was no plant there, except what was necessary for the drainage work he was doing, no ladders or scaffold poles. I have never visited him at Brackenbury Road or Burnham House. I believe that one or two of his orders directed that goods should be sent to the railway station. The order for goods to be despatched to Leach I received through Cooper. I understood that Leach was living at 33, Brackenbury Road. I have never been there. The order for the despatch of goods to T. Powell also came through Cooper. I used to see Cooper sometimes at the "Mitre." As to whether that is where
he was carrying on business it is not necessary in order to carry on business to go to the "Mitre." Many gentlemen go there, solicitors and barristers too, I believe. T. Powell was formerly working with Cooper. When I got this order I had not seen Powell for perhaps six months. If I told Mr. Hill he was a builder, it was, I think because Cooper had told me he was doing a job on his own. A good many such men take up small jobs. I do not think I said he was substantial man of business. The form, "Please supply to the order of Mr. Thomas Powell, builder, etc., 25, Cowper Road, Acton" is in my handwriting. The order is copied from my memorandum book. I also got the order for Jackson from Cooper, and the same applies to Pownall and Steel. I never saw any of the people who gave orders, except Pownall. When I was arrested I told Sergeant Eustace that had I known there was a warrant out I should have surrendered.
Re-examined. All the orders which are the subject of indictment were given on Cooper's instructions. I cannot say that I told Hill I knew all these persons personally. I think I said I knew three or four of them personally, which I did do, and they had been in a good way of business.
SIMPSON LANE COOPER (prisoner, on oath). I am a builder, and I finished my last contract in March, at Finchley. We started there some time in June. I built six houses, and the freeholders advanced £300 per house, in all £1,800. The number of men employed would vary as the work proceeded from ten up to 30 or 40. The contract next before that was at Sudbury between Ealing and Harrow. I built there five shops of the value of 500 apiece—£2,500.£500 was what the freeholders calculated they could be sold for, and they advanced £500 on each. I made a profit at Sudbury, but not at Finchley. I still have a claim on the Finchley property. All the interest on the mortgage is paid up to March 25. Of course, two quarters' interest are new due. I have what is called the equity of redemption in respect of this. I had not bought the land. It is leasehold, and I have a long leasehold, and the mortgage is on the security of the ground rents. The documents are in the hands of Messrs. Barfield, solicitors. The previous contract to Sunbury was at Hampton. I built eight private houses at Hampton as the sub-contractor, and finished ten houses at Isleworth for the same employer. The houses both at Hampton and Isleworth were large, such as would let at £60 or £70 a year. I managed the whole of the building of those houses. That was, I think, in 1906. Before that I was travelling for Woodwards, Limited, Shepherd's Bush, in building materials for over two years. I have lived in Shepherd's Bush for six or seven years, and know the railway stations pretty well as I used to visit them for the purpose of clearing goods and travelling from one part of the district to another. In that way I should be brought into contact with a great many of the railway servants, and the faces of all those that have been called are familiar to me, I think, without exception. Besides travelling for Woodward's I did building. If, while travelling, I heard of property left on hand unfinished by reason of the builders failing, if the owners were customers of Woodward's I tried to get them to let
me take it up. Under such circumstances I finished six cottages at Southall, and collected the rents for some considerable time. Before that, at Hampton again, I finished eight cottages and three shops and built eight houses. Before that I put up six houses at Surbiton, built to fetch £60 a year, but they only fetched about £40. They would cost about £600 each to build and we had £500 advanced. Before that I built two shops at Westminster and block of flats. That was a pretty big job; I did not finish the flats, but sold the contract to a man named Roach. That was about 10 years ago. I have known Staples about 10 or 11 years. He has always been known as "Captain" Staples. He was an exceedingly entertaining man in his conversations and exhibited much experience and knowledge of distant parts of the world. His conversation led me to believe that he had certainly been to India in some capacity or other. Staples wrote to me that he had obtained a situation with the Blind School and if I would meet him he could supply me with goods that would be useful to me, or something to that effect. I did not meet him at that time as I was laid up ill, but afterwards I met him accidentally. We sat talking with some friends in the "Rainbow," in Fleet Street, and he gave me one of the Blind School catalogues. I showed it to my wife and daughter, and as there seemed to be some useful things in it I gave him the orders. He showed me the card authorising him to act for the Blind School. The things sent to 5, Burnham House, were invoiced to Miss Frances Steel, who was then my housekeeper. That and the order in my own name are the only two orders I gave. I was not at the flat when the things came and Miss Steel signed for them. After I received the first letter stating that payment was overdue I saw Staples and asked him to get me an extension of time, and he promised to do so. He must have done so, as I did not get the second letter for some time. After that I went to the shop in Waterloo Road, where I saw Mr. Eason and asked if I could get an extension of the time. Eason said the account was overdue and they could not give any further time. I also said I wished to speak to Mr. Hill about Steel's account, and Mr. Hill came to the barrier and referred me to Staples. Ultimately I got an extension of about 10 days. I met Staples about an hour afterwards and told him what had happened between Mr. Hill, Mr. Eason, and myself, and I also complained to him about the price of the brushes. Staples said that when the Rev. Sinclair Hill had come up from Leatherhead he would see about the price being reduced. The goods supplied to Pownall and the others I know nothing about. I introduced Pownall to Staples. I received a letter addressed to Pownall from Powell. I expressed surprise to Staples that a working man like Pownall, who never earned above £2 a week, should have been supplied with £40 worth of goods. Staples replied that he had put in the order for the goods, and that it was not for me to inquire as to a customer's standing. The signatures "F. Steel" to Pocock's delivery sheet; "F.F. Leach." spoken to by Armstrong; and "T. Jackson," spoken to by Pile, are not in my handwriting. I have known Leach four or five years. I got to know him at Southall. He made up the accounts for the
gentleman I finished the houses for at Isleworth, and he is known all round London as a builder's accountant, Some of the orders attributed to me by Staples I recognise as being in Staples's writing.
Cross-examined. With regard to the building at Finchley, I did not pay all the bills for the materials that I used, but I swear I paid all the workmen. I had no banking account at the time. We used to pay in cash. We used to get the money in on Friday and we paid on Saturday as far as we could, but wages are always paid first. We got the money from Fladgates, a big firm of solicitors in Whitehall. Between June, 1907, and March, 1908, I had a banking account with the Metropolitan at Southall under the name of E. Sainsbury or Sainsbury and Co. I had the account in that name because the original contract was with Sainsbury and Mr. Ernest Havers. I joined Sainsbury in the contract, and he gave me a power of attorney to receive and pay all moneys. I opened the account with money received on account of the contract from Fladgates. The account at Southall was, I believe, closed in October, 1907. Only one amount, £50, was paid in. The cheque for £5 produced, drawn by me in favour of Staples is marked, "Refer to drawer" and "Account closed." Staples asked me to give him the cheque to assist the funeral of a Mr. Weiss. Staples said he could find the money to meet the cheque. I did not know the account was closed when I gave it to him. I had several cheques returned about that time. In June, 1908, I was living at Hayes and also at 33, Brackenbury Road, Hammersmith. When I took the house at Hayes I gave Staples as a reference, and others besides. I had no business address in June, 1908. I have always done my business from home during the whole period I am speaking of. I never had a builders' yard or office, but at Surbiton I had a yard—it was a field really—where I kept scaffolding. I have had no yard since. In June, 1908, I had no scaffolding to put into a yard if I had had one, but I had tools and several barrows and things, but nothing I wanted a yard for. We always hire what is necessary from those who carry on the work. For instance, a bricklayer brings his own scaffolding on to the job, and plant for plasterers, too, as a rule. When Staples gave me the price list in June, 1908, my wife and daughter thought I could not afford to give the order. The builders' baskets in the first order were for use in the garden. We had a very large garden. They were rubbish baskets. Everything in that order was for household purposes. The plasterers' brushes were for use in the house. I moved from Hayes in September to 105, Blenheim Crescent, Notting Hill. From Brackenbury Road I moved to Burnham House. Some of the orders were sent by Staples without my asking him. Some of the brushes I sold in pairs to different workmen. I did not give the order in the name of Steel; I wanted those goods for sale. I cannot account for Staples sending them in that name. Miss Steel's real name is Ashcombe, and she is my housekeeper, but her children are registered in the name of Steel. I did not sign for those goods. I was not in London when they were taken in. I did not order goods in the name of Leach and did not receive them. I cannot account
for the goods being invoiced to Brackenbury Road. Staples knew that was my address. As to the evidence of Armstrong that I called for the goods at West Ealing Station, I have not been to that station for some years, not since I left Woodwards. I used to go there daily. I did not give the order for the goods supplied in the name of Powell. I deny that the signature for the goods is in my handwriting. I know nothing of the order in the name of Jackson. That is in Staples's writing from beginning to end. I did not receive those goods. I did tell Powell I was expecting a letter to be delivered at 20, Willow Vale, in my own name. He handed me a letter in the name of Pownall. His wife was with him, and they pushed the letter into my hands, and said, "What is all this about?" They were both very angry indeed. I took the letter and put it in my pocket. I saw that it was an account from the Blind School. I took it for the purpose of speaking to Staples about it. I took it without thinking and I did ask Staples why he supplied £40 of goods to a man who never earned above 36s. or £2 a week. Staples did not introduce me to Tatham's. I knew them. I gave them an order for some work, and they carried it out. I did not pay them.
On the learned Common Serjeant proceeding to sum up,
The Foreman of the Jury intimated that the jury had made up their minds.
The Common Sergeant said he should perhaps tell them that in order to find prisoners Guilty, they must find them Guilty of joint fraud. If they so found he need not address them.
The Foreman: We are agreed that they are Guilty of joint fraud.
Detective-Inspector JAMES BUCKLE , Scotland Yard. On November 3, 1898, I was present at the old Central Criminal Court, when prisoner Staples Was sentenced to five years' penal servitude for conspiracy and fraud. He was charged with a solicitor with obtaining large sums of money from many people, including a coffee-shop keeper, from whom he obtained the whole of his savings under the pretence that he was entitled to £40,000 under the marriage settlement of his mother. He had previously been sentenced to eight months for bigamy. His alleged Indian services have been inquired into. There is no proof that he ever was in the Army, but there is an idea that he has been in India in some capacity on the railway. Cooper was associated with Staples at that time.
Mr. Oddie stated that repeated applications had been made at the India Office as to whether Staples had been in the Army, and was in receipt of a pension.
Sergeant EUSTACE stated that on December 6, 1892, Cooper was sentenced to five years' penal servitude at Leeds for forging an endorsement to a document for the payment of money. There were then no previous convictions. Both prisoners are undischarged bankrupts. Since their release they had been carrying on a system of fraud.
Mr. Werninck called attention to the age of prisoner Staples.
The Common Serjeant. We cannot tell what his age is. He has given so many accounts of himself.
Sentence, Each prisoner five years penal servitude.
BEFORE MR. JUSTICE PICKFORD.
(Monday, December 14.)
McDONALD James, otherwise John Murphy, otherwise Jack Esmond Murphy (21, engineer) ; wilful murder of Fredrich George Wilhelm Maria Julius Schlitte; feloniously wounding George Thomas Carter with intent to do him grievous bodily harm; feloniously wounding Albert Allan Howe, a Metropolitan police-constable, with intent to resist the lawful apprehension of himself; inquisition for the murder of Fredrich George Wilhelm Maria Julius Schlitte.
Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. George Jones and Mr. Buddle Atkinson defended.
MARIAN GRAIMES , 145, Shirland Road, Paddington. Since October 9, 1908, prisoner lodged at my house in the name of "Mr. Murphy" occupying the front-basement parlour at a rent of 6s. week; he had no meals at my house. He seemed respectable, but very much worried about money matters. I do not think he had any employment. A week after he came he said he had an engagement in an electric motor company. On Thursday night, November 5, he did not sleep in my house. On Friday, November 6, he came in between six and seven p.m., went out, and I saw him again after 10, when he said he would take his money to-morrow and would pay me the rent due that day. I found paper target produced in his room.
Cross-examined. I have been told he had a sister living near. I do not know how she assisted him.
WILLIAM KING , partner in King's Rifle and Revolver Range, 27, Oxenden Street, Haymarket. People practise shooting at my range; I also sell revolvers. I have known prisoner as practising revolver shooting there for two or three months. We supply the revolver and charge 8d. for six shots. People shoot also in competition. Paper target produced is one of our targets. On November 6 prisoner came about two p.m. and asked to see some revolvers, wishing to purchase a Colt. I showed him two or three and he bought revolver produced, which is a Webley Fosbery, 4 in. calibre. 455, ordinary service revolver with six chambers, rifled. Prisoner tried it at the range having about 24 shots at targets like that produced. He made fair practice, was satisfied with the revolver, purchased it at £2 15s., and paid 1s. 6d. for 25 cartridges. In the revolver produced there are five live and one exploded cartridges similar to those sold; other cartridges produced are the remainder of those sold. I told the prisoner in order to purchase a revolver it was necessary to have a license or police permit. He asked me to go or send for one, and my father went for one. Prisoner wrote his address on card produced, "J.E.
Murphy, 145. Shirland Road, Maida Vale," which my father took. He came back and said they required Christian names, and prisoner wrote again on the card, "Jack Esmond Murphy." My father eventually brought the license to prisoner, who paid in all £3 6s. 6d. I believe prisoner also paid 1s. 4d. for the practice shots. This revolver cocks itself for the next shot when fired at arm's length; it is a powerful revolver of ordinary army size and calibre.
Cross-examined. This revolver is now in working order. Prisoner may have visited my range for six months. He very seldom came with anyone else. He was quite a good shot, and was very careful with the weapon. I showed him a 6-in. revolver. He preferred the shorter 4-in. weapon.
Detective CHARLES LOADER , C Division. I produce plan and section of the ground floor of 84, Shaftesbury Avenue, which I made on November 9. The shop is flush with the pavement on the right hand side going north, and is entered by a glass door on the right side, with lettering on the glass. Inside there are two safes opposite. On the right a counter 3 ft. 1/2 in. from the ground with a brass network grille 3 ft. high extending from the framework of the window to a partition 3 ft. wide, in which there is a door 1 ft. 9 in. wide opening outwards. There are two openings in the grille. Behind and under the counter there are three or four drawers. The shop is 12 ft. by 12 ft. 2 1/2 in.—about 12 ft. square. In the front window were 13 bowls containing money. It is difficult to see the interior of the shop from the window. On the edge of the small door at 4 ft. 9 1/2 in. from the floor I found the mark of a bullet in a somewhat slanting direction. In the window 6 ft. 6 in up, was a hole as if a missile had been thrown through it over the screen.
Cross-examined. There is a sliding screen in front of the window. You cannot see through it from the street.
GEORGE HENRY CALDERWOOD , manager and confidential clerk to Cartmell and Schlitte, bankers and foreign money exchangers, 84, Shaftesbury Avenue. The firm have had these premises 15 years. On November 7, Mr. Cartmell was away for a holiday. Mr. Schlitte was about 47 years of age. He always wore spectacles, and was a broad-shouldered man about 6 ft. 2 in. high. He was regularly at the office from 9 a.m. till 6.30 p.m.; Saturdays, till 3.30 p.m. In the safes, the till, and bowls in the window, there was usually about £1, 500 to £2, 000 in money and securities. The bowls in the window contained German, Austrian, French, and other foreign gold and silver coins; foreign notes were spread out in the window. The books were kept on the counter behind the grille. On the counter there were paper bags, a cheque perforator, weights and scales for weighing letters and money. The small door was usually fastened by a small brass bolt, but it was frequently simply closed. held to by a spring nut. On the morning of November 7, the shop was in its usual state. Mr. Schlitte arrived about 9 a.m. I was engaged with him till about 11.10 on business, and then went out leaving Mr. Schlitte engaged with a customer. He would probably use the books. I returned at about 12.15. There was a crowd outside
and on entering the shop I found Mr. Schlitte sitting on a chair on the public side of the counter in a very serious state with his hands bleeding. He was taken away in a cab, and I remained in the shop. The small door was open, the place disordered, the paper bags scattered on the floor, the perforator moved and stained with blood, blood upon the door. Mr. Schlitte's spectacles were on the floor. Several of the brass weights were missing, and there was a hole through the window. Spots of blood were all over the floor to within a yard of the window. Under the counter beneath the till was a revolver, the till being the second drawer from the small door. There was an arrangement that in case of any attack or threat we should throw a weight through the window to attract attention. The shop was very dimly lighted from the street. There is no record in the books of any dealing with the prisoner. Nothing was taken from the shop.
Cross-examined. There would be much more than £20 in the bowls—all foreign money. The till is a heavy drawer, which ordinarily would be closed, but unlocked. I found the spectacles opposite the till about a yard away, nearer the till than the window. I had never seen the prisoner. I should probably have seen him if he had been loitering continually about the shop.
Re-examined. On November 7 I think there would be £150 to £200 in the till in notes and coin—probably £30 or £40 in gold. The revolver was level with the edge of the counter underneath the third drawer from the small door. The blood was scattered all over the floor between the tin✗ and the drawer.
BENJAMIN ALISON GOODKIN , manager of the Earl's Court Roller Skating Rink. On November 7, between 11.15 and 11.45, I was in search of an address and went into 84, Shaftesbury Avenue to refer to a directory which a gentleman behind the counter handed me over the grille. Having found what I wanted, I handed the directory back in the same way, left the shop, and turned to the left towards Piccadilly. As I left I was conscious of someone entering after me. After passing two or three shops I found I was going in the wrong direction and turned back, when I heard a crash, owing to the breaking of the window in No. 84; a piece of metal hit the pavement, and, after guarding my face from the flying glass, I looked in at the door, heard a scuffle, entered and saw the gentleman who had lent me the directory struggling on the floor with a shorter man. Thinking it was a fist fight, I went forward with the intention of helping the gentleman, when I found that the shorter man held a knife, with which he was striking at the other. I went out and called out "Police!" went 10 or 15 yards in one direction, and then turned back, when a man ran past me towards Piccadilly, a crowd shouting, "Stop him!" I entered the shop and found the deceased bleeding from the mouth and hands. I helped him to a chair and assisted in taking him in a cab to the hospital.
Cross-examined. I was seven or eight minutes in the shop. I had never seen the prisoner before. I did not see who it was went in after me.
OSCAR MILLER , Sandringham Buildings, Charing Cross Road, in the employ of a tailor at 86, Shaftesbury Avenue, next door to Cartmell and Schlitte. On November 7, at 11.35 or 11.40 a.m., I heard a shout of "Murder!" went out and saw something thrown through the window of No. 84. I afterwards saw a man come out holding a knife the handle outwards, and run towards Piccadilly. A carman named Carter tried to stop him and was hurt by the knife. Police-constable Howe then tried to stop the man and was wounded and knocked down by him. I heard no sound of a pistol shot.
Cross-examined. I have never seen the prisoner before. If he had been in the habit of loitering about Shaftesbury Avenue I should probably have seen and recognised him.
MARTIN LISTER , 6, Rufford Street, King's Cross, cab driver. On Saturday, November 7, I was with my cab on the rank in Shaftesbury Avenue, 14 or 15 yards from No. 84, standing by the horse's head, when I heard the sound of broken glass from the window of No. 84. I walked in that direction, saw prisoner come out of the shop with an open knife in his hand and run towards Piccadilly, holding his coat up. Carter tried to stop the prisoner, who stabbed him in the left hand and continued running. Police-constable Howe, from the point of Wardour Street ran towards him. I cried out, "Mind the knife." I saw the prisoner and the constable close, when the prisoner stabbed him and continued his flight. I ran on, when another man closed with the prisoner; they both fell, I threw myself on to the prisoner until the wounded constable recovered and arrested him. I assisted in taking prisoner to the station, never leaving hold of him until we got to the station. On the way Howe appeared faint, and I beckoned to Police-constable Gower, who relieved him. Prisoner repeatedly said, "Don't hurt me, I will go quiet."
GEORGE WALTER ARMITT , 32, Queen's Grove Road, Caledonian Road, motor cab driver. On November 7 I was driving along Shaftesbury Avenue with a fare when I noticed prisoner run out of No. 84. Carter stopped him and was stabbed. Police-constable Howe ran forward from the obelisk to arrest him and prisoner stabbed him in the shoulder as hard as he could. The knife then fell from the prisoner's hand, and I with three or four others encircled prisoner, who was taken off. I returned to the shop, asked my fare to get out, and took Mr. Schlitte to the hospital in my cab.
GEORGE THOMAS CARTER , 73, Rochester Place, Kentish Town, carman. On November 7 I was driving a van along Shaftesbury Avenue towards Piccadilly, when I heard a crash from broken glass at No. 84 about 18 yards off on my left. I thought it was a gas explosion. I looked back and heard cries of "Police!" "Murder!" "Help!" I called to Police-constable Howe, who was at the corner of Wardour Street, jumped off my van, and ran towards prisoner, who came out of the shop and ran towards me, holding the fronts of his overcoat up. As I barred his way he put his right hand into his overcoat pocket, took something out, and made a blow at my left chest. I warded with my right hand and felt a sharp sensation in the hand and a numbness at the shoulder. I called out to the police-constable,
"Look out! he has got a knife!" When I got up to him he said, "I know. I have got it!" and pointed to his shoulder. We followed the prisoner, who was taken. The constable told me to get off to the hospital as he could manage, and I was taken to Charing Cross Hospital in a cab. I am still an out-patient there.
Police-constable ALBERT ALLAN HOWE , 113 C. On November 7 I was on point duty at the corner of Wardour Street near the obelisk. At 11.45 I heard shouts, went towards 84, Shaftesbury Avenue, and saw the prisoner pursued by Carter, who shouted "Stop him!" I closed with prisoner, who held up a knife. I dodged under his arm when he wounded me under my right shoulder in the bend of the arm. I held prisoner's coat. He threw down the knife produced, which I picked up, and ran after him. Carter came up and said, "He has stabbed me!" I then found blood coming from my shoulder. Several men then came up and held the prisoner; they appeared to be going to hit him. I said, "Please do not hit him." Prisoner then said, "I will go quietly with you, constable." He was very cool. I with assistance took him to the station. On the way I felt faint. Police-constable Gower relieved me, and I was taken in a carriage to Vine Street. The knife was covered with blood as it now appears. It opens with a spring at the back, which has to be pressed to close it. I remained as an in-patient at the hospital till November 26."
Cross-examined. When I overtook the prisoner he was perfectly cool—calm, as if he had been out for a walk.
Cross-examined. Prisoner made no attempt to escape and appeared quite calm.
Re-examined. Two men were holding him; I kept very tight hold with Lister. When Lister shifted his hold to get a firmer grip, each time he said, "All right, I will go quiet."
Inspector CHARLES FOGWILL , C Division. On November 7, at 11.55 a.m. prisoner was brought in at Vine Street by Police-constable Howe who delivered me knife (produced) with fresh blood on it. I sent Howe to the hospital. I searched prisoner and found in his trousers pocket six cartridges; in his overcoat pocket an 8 oz. bottle of strong ammonia, and in his waistcoat pocket pawnticket dated November 7 relating to the pledging of a watch for 2s. with Davis, 40, St. Martin's Lane in the name of John McDonald, of 9, Brick Street, also some cards and a clinical thermometer (produced). I found no money of any kind upon him, no papers, or anything to give indication as to who or what he was, except the pawnticket. He was asked his name and address. He said, "John McDonald—no home, no occupation"; he gave his age as 24. I told him he would be detained pending inquiries and took him to the cells. As I was leaving he called out, "Inspector—you might let me know how the
persons I have injured are progressing." Revolver (produced) was brought in and unloaded—it contained five live cartridges and one exploded.
Police-inspector WILLIAM EVENDEN , 87 C. On November 7 I went to 84, Shaftesbury Avenue and found revolver (produced) beneath the counter, the hammer down and the exploded cartridge one chamber beyond the firing point. I handed it to Inspector Fogwill.
FREDERICK ARTHUR COCHRANE PRATT , second clerk at Bow Street Police Court. On November 8 I attended Sir Albert de Rutzen at the bedside of Mr. Schlitte in Charing Cross Hospital, who made a deposition in the presence of the prisoner, which I took down as clerk. Prisoner was asked several times if he wished to ask any questions both by Sir Albert and by myself. He asked no questions, but he made two statements, which I took down when they occurred. The deposition was read over, Mr. Schlitte put his mark, Sir Albert de Rutzen signed the deposition (produced). Mr. Schlitte's hands were bound up, only the thumb showing.
Deposition of Julius Schlitte read: I was at 84, Shaftesbury Avenue yesterday, November 7. I saw prisoner levelling the revolver at me. He fired and the bullet struck me in the chest. I am quite sure prisoner was the man. He fired at me without my saying or doing anything to him. I have never seen prisoner before. The prisoner said, "I should like to express my regret and my sorrow." The witness continued: I received also six or seven stabs with a knife. The prisoner did it. Prisoner then said, "I do not remember the stabs, but I have some recollection of the revolver." The witness continued: I cannot remember whether prisoner asked me for money. I broke the window to attract attention. It was about 10.30 or 11 a.m. when prisoner came in. This happened just after Mr. Calderwood left the shop.
Inspector HENRY FOWLER , New Scotland Yard. On November 7 I saw prisoner at Vine Street, told him who I was, and that he would be detained pending inquiries. He made no reply. I made inquiries, and at six p.m. charged him with feloniously cutting and wounding with a knife and shooting at with a revolver Julius Schlitte with intent to murder him; further with feloniously cutting and wounding the man Carter with intent to do him grievous bodily harm; and further with feloniously cutting and wounding Police-constable Howe with intent to do him grievous bodily harm and resist his lawful apprehension. To the first charge the prisoner said, "No, the intent was not to murder." He made no reply to the second charge; to the third charge he said, "That is right, but I did not intend to murder." I received information on Sunday morning and took prisoner to Charing Cross Hospital. On the way he said that his name was Murphy, and asked me to quietly inform his sister of his position. He gave me her address. He also gave me the address at Shirland Road, where he said he had been living—Mrs. Graimes. After the deposition of Mr. Schlitte had been taken I went to Shirland Road and found target produced. On it is written "39 out of a possible 42. Beat Watkins 7 points. 4-6ths off J. Merton." On November 7 I
noticed that prisoner had scratches on the left wrist such as might be done by finger nails; the blood was still visible; there was also a small piece of flesh misting from the inside of the index finger of the left hand, which might have been taken out by a finger nail. I received the pawnticket and inquired at 9, Brick Street, Mayfair, which is the only Brick Street shown in the London Directory. On November 9, the day of the death of Mr. Schlitte, I saw prisoner and said, "The gentleman, Mr. Schlitte, whom you are charged with attempting to murder, has died since you saw him in the hospital, and I now charge you with wilful murder." He made no reply.
Cross-examined. When I took prisoner to the hospital he seemed perfectly well and quite rational. He was not to much distressed as when I first saw him at four p.m. on Saturday. He then certainly appeared to be distressed and fully appreciated his position to my mind. His solicitors gave me certain references as to his character. I have made inquiries and found them perfectly genuine and all in favour of the prisoner. I have ascertained that his sister has been suffering from a tumour on the brain and has had an operation. There were written characters from his employers. I have made inquiries into some of them; others are too far away—in Calcutta. So far as I have made inquiries they are quite genuine and in his favour. When I saw prisoner on November he shivered and said, "I suffer from ague." While he has been in my charge I found him rational, generally.
Re-examined. The characters extend from March, 1903, to March 20, 1908, continuously, except for one or two periods of a few months. The first is dated March 5, 1903; the second May 15, 1903; the next November 30, 1904, referring to a service of 15 months in Calcutta; the next in Scotland; the next is dated November 2, 1905, from the Electric Railways of London, stating he was there from April 8 to October 14, 1905; the next states that he has been in India and is dated March, 1906; then from a motor company, New Oxford Street, dated March 20, 1908, and referring to J. Murphy having been employed by that company from 1906 to 1908. I have not been able to find that he has been in any employment since. All these testimonials refer to his intelligence, industry, and ability as an electrical engineer, "great aptitude for business"; "carried out his duties to my satisfaction"; "reliable and hard working young engineer"; in the last from the motor company he is described as "a good mechanic, driver, and trustworthy." On November 7 he was in the cell when he shivered—at about two p.m., two hours after he was brought in—that it not unusual.
EDWARD HENRY HUGO , house surgeon, Charing Cross Hospital. On November 7 I saw Mr. Schlitte when he was brought in. His condition was very serious and I took him at once to a ward. I noticed at once a hole in his left breast; there was slight singeing of the cloth round the hole. After the clothes were taken off I found a bullet wound at the spot. In the post-mortem examination which I assisted at I found it penetrated through the lung and the bullet was embedded in the muscles at the back. It entered 4 ft. 10 in. from
the soles of the feet. I produced the bullet, near which I found a portion of the waistcoat driven in. That wound would not have immediately prevented the deceased from struggling with considerable force. There were also six stab wounds on the body and incised wounds on both hands. I was present when Mr. Schlitte's deposition was taken. He was quite clear in his judgment; I told him he was dying. He died at 5.30 a.m. on November 9. At the postmortem which I assisted at, the body was that of a healthy person; the cause of death being shock and hemorrhage resulting from a series of wounds, including the shot, which penetrated the left lung. On the right hand there was a clean cut from the base of the little finger across the palm to the other side, at one end exposing the tendon and tailing off to a superficial wound; on the left hand there was a similar cut in the palm, but not quite so deep; there were some superficial cuts on the back of the fingers and wrist. There were six stab wounds on the body—one on the left abdomen partly a stab wound and partly incised, 4 in. long, 1 in. wide, 2 1/2 in. deep; superficially it was continued under the skin about 2 1/2 in. There was another wound, of a similar character 1 in. below it, 2 in. by 1 1/2 in., exposing a knuckle of the gut—a portion of the intestine. On the right side, 4 in. below the nipple, there was a wound 2 1/2 in. long by 1/2 in. wide, about 4 in. deep, in an upward direction. All the stab wounds in front were in an upward direction. That continued under the skin; it did not injure any organ. There was a wound on the left side, 3 in. below the lower angle of the shoulder blade, 1 1/2 in. by 1/2 in., about ✗. 1/2 deep directed to the left and slightly downwards. The fifth wound was on the right, internal to the lower part of the shoulder blade nearer the spine; another, 3 1/2 in. below that, 1 1/2 in. by 1/2 in., about 3 in. deep directed downwards towards the spine. The wound on the right had cut through the tenth rib and penetrated into the lung; that was a second injury to the same lung. All the wounds could have been caused by the knife produced. Mr. Schlitte when he received the bullet wound must have been standing upright slightly stooping, the shot fired straight in front, horizontally. It is a similar bullet to those in the cartridges.
KITTY FITZGERALD , Delaware Mansions, Maida Vale. I have known prisoner's sister, Mrs. Carlton, for a short time and visited her on November 6, the day she took to her bed. She has been in bed ever since. Prisoner was there on November 6. I did not see anything wrong with him; he talked with me quite all right. He came in, kissed his sister, gave her a quinine pill, took her temperature with a clinical thermometer, and gave her a bottle of eau de cologne. He looked a bit funny about the eyes. He seemed very dazed and kept jerking his head. The lady upstairs was playing the piano and Mrs. Carlton was very bad. I suggested he should write a letter and he went into the next room, wrote one, and read it to us, asking her not to play and he sent it up by the maid. He talked to me
about some Indian poems which he had in his pocket-book and read them to me. His sister spoke to him in the Indian language; he said, "Good night," kissed her, and said he would be early in the morning.
Cross-examined. On November 6 he came in about 8.30 and left about 10.30. We sat up with his sister the whole night. He had no refreshment there.
ELIZABETH RICHARDS , widow, nurse and housekeeper to Mrs. Kathleen Carlton, Delaware Mansions. I have been with Mrs. Carlton from October 30, 1908. I saw prisoner every day during the week ending November 7. I thought he was very strange in his manners; he did not seem to rest in either of the rooms and worried me very much about the food, asking me to cook it when it was not time to cook it. He always took his meals at the flat. On Friday, November 6, his sister was out. He came into the kitchen in the afternoon and said to me, "Will you get little Miss Kathleen ready for Ireland—dress her." I said, "No, sir, I could not do that as the mistress is out and I must not dress her before she comes home." Then he said, "Would you get the dinner ready at once?" I said, "It is not time yet—I have got to fetch it first." He asked me to give the child a little bit of cake, so I said, "She does not want it now." He insisted upon having the little child sitting upon a chair. She wet very good but he said she was very naughty. On the Friday night when I took his supper in he stood with a revolver pointing it at the pictures, so I said, "What are you doing?" He said, "Don't talk, don't talk, I am worried." He did not seem to realise that his supper was on the table. When his sister came home she was in a dead faint. I said to prisoner, "Do help me to get her out of the faint." He went on whistling. He never seemed to understand that the was in a faint, I said, "Do not whistle, the mistress's head it very bad." When he was pointing the pistol I said, "Don't be silly, your sitter will soon get better." He kept going in the bedroom, and worrying his sister while she was so ill—he did not seem to realise she was ill; he kept going in and out of the different rooms at if he did not know what he was doing. He sent me out for 4d. worth of bitter and insisted on my having a glass. On Saturday morning, November 7, he came and brought the milk into the kitchen, whistling. I said, "Don't make a noise, I have been up half the night with your sister. She has been so ill." He said, "Get my tea and breakfast at once." I said, "You must allow the kettle to boil; you must give me time." I got his breakfast all right but he ate very little, he kept walking about, just ate a little of the egg and that was all.
Cross-examined. On November 7 I had been there a week. Mrs. Carlton, the little girl three years old, and myself lived in the flat. Prisoner had all his meals there. He had supper at eight or nine o'clock with or without his sister. On Friday he was there all day—came at about 8.30 a.m., went out to get a paper, had lunch, went out at about 4 p.m., and returned about eight or nine. I am sure he was there from 1.45 to 2.45 having his lunch in the sitting room with the child. His sister was out. He did not pay for any meals that I
know of. I told the mistress about his speaking of taking the child to Ireland: she said, "It is nothing of the kind; she is not going to Ireland." It was at about 8 p.m. when he pointed the revolver at the pictures and then at me. I said, "Whatever are yon doing. Don't be silly"; then he did not point it at me any more—he put it away and I saw no more of it.
Re-examined. Mrs. Carlton was very ill on Friday. She underwent an operation on Saturday and has been confined to her room since. She has sat up for a little while. I believe she has to undergo another operation.
WINIFRED COURTNEY , Delaware Mansions, Maida Vale, half-sister to Kitty Fitzgerald. I have visited Mrs. Carlton since her illness—since the day of the operation. I was there on Friday, November 6. Prisoner came to my flat at about 7.30 and said his sister wanted to see me. I went in at 9.30—he came in, gave her a quinine pill, took her temperature, and gave her a bottle of eau de Cologne. I did not see anything peculiar about the prisoner, only he looked dazed about the eyes.
Cross-examined. I did not know about the operation till the Saturday morning. The prisoner talked on ordinary topics and appeared in his perfect senses the night I was with him.
HY. BONGER , engineer. I have known prisoner about 18 months as an engineer and privately. His behaviour is very good. He is rather absentminded at times. I never saw him drink or the worse for liquor. He would start a subject and then forget all about what he was saying. I asked him the cause and he told me he suffered from fever. He was funny about the eyes—looked at one in a vacant way.
Cross-examined. When I knew prisoner 18 months ago he was working for the Underground Electric Railways Company as a sub-station attendant, in charge of an electric sub-station at Ravenscourt Park—singlehanded; he would be on duty for eight hours; it is an important post. Prisoner was a skilled electrical engineer and would be properly described as a reliable, hard-working, steady, intelligent young engineer, with considerable electrical knowledge. In the post he held, if he made a mistake he might do a great deal of damage. He was there about seven or eight months, I think. Mr. Casson was his superintendent. After that he entered the employ of a motor company in Oxford Street and I think he went to a job in Glasgow. (To the Judge.) There was one incident I might mention I lent him a bicycle and I asked him where the machine was. He informed me that he was cycling and he suddenly lost his memory; the machine fell and he hurt himself; and he did not seem to recollect where the machine was. After a day or two he came and told me that he remembered.
FREDERICK GARIBALDI ROGERS , proprietor of the Automobile Market, Limited, Oxford Street. Prisoner came to me about 1903 as a pupil, stayed for a few months, learning to drive motor-cars, and left me to enter an employment. He afterwards applied to me to get him a situation. I did not notice anything peculiar about him while
with me; he behaved quite as a gentleman and I made more than ordinary friends with him. I bought some Indian chairs of him—curios. He was not exactly works manager with me, but he went between me and the men. I never saw him the worse for drink; his health was apparently good. I heard from a driver that he complained of his head and used to lie down in the day time.
Cross-examined. On one occasion he asked me to cash a cheque which I refused to do, and he said he would have to go and cash it at the bank—he may have said in Shaftesbury Avenue, but I cannot exactly remember that.
HERBERT WILLIAM UMNEY , civil engineer. The accused was recommended to us by a client of mine, and we gave him some work as assistant in the months of February and March, 1908. He only left us because work was very quiet on account of the engineering strike, and we thought so well of him that we recommended him to one of our firms in the North of England in which I have a large interest. He certainly behaved perfectly well with us, and we formed the opinion that he was a very well trained engineer. He was perfectly sober—the meekest and quietest individual I have ever had in my employment.
(Tuesday, December 15.)
STELLA LYNNE (the witness was permitted to hand her address in). I have known Mrs. Carlton from October 16, 1908, and visited her at her flat, where I saw prisoner. Two or three days after I was there I noticed he acted in rather a peculiar manner. He would walk up and down the room for three or four hours at a time muttering to himself. On one occasion his sister and I had been at the west End, had come home about 12.45, and were about to retire, when we heard a noise. We went out of the room, and came back again about 10 minutes afterwards to see what it was. I looked under the wardrobe—there was nothing there; I looked under the bed and saw the prisoner fast asleep, with an open rasor in his hand. I was terrified at the moment, but I came back again, and I gradually took the razor from his hand while he was asleep and hid it under the bath in the bathroom. Then I came back and I jerked him up, and tried to get him to go to bed. But he behaved in a most violent manner, and had not I been rather a strong woman he would have strangled his sister. He got hold of her by the throat. I and Mrs. Carlton had come in to go to bed in the same room. Then he ordered me from the room, and about 10 minutes after he came out nude and walked out in the street. His sister said she was going to call a policeman and give him in charge and I begged her not to do so as he was her brother; so I coaxed him indoors; I went out and found him prostrate on the pavement; I lifted him up and sort of dragged him upstairs from the pavement outside the house. I tried to coax him to go to bed; he again became violent, and at last I got him to sleep in the dining-room, and I sat in the chair all night with him until about four in the morning. First of all I thought he had been drinking but
after I found that he had not; he was not a man that drank at all; he was so strange at times. Mrs. Carlton was out about ten minutes; she went out in her night attire and same back with two policemen. In the morning he woke up as if nothing had happened. I asked him if he remembered. So he said, "Remember what?" I explained to him and he told me he had not the faintest recollection of anything. Then he said, "Glory"—he used to call me that—"never take notice of me because I am strange at times." The next morning Mrs. Carlton's throat was very much swollen; she complained of pains in her head and she would not see her brother. I begged her to come and see him and I would get him to apologise for his behaviour; but he refused to apologise to her, and he said unless she came and went on her knees to him he would murder her and her child. There was just a little mark on her throat; she could not swallow for two or three days. On another occasion I was going to the West End; he offered to accompany me and we both got into a hansom; I happened to put my hand into his pocket, felt something rather cold and I found a razor there. I asked him what he was going to do with it. He said, "I am going to the West End and I am going to find my sister and end her life and mine and her child's. Oh, I am sick of this world." I gradually coaxed the razor away from him and hid it and I went to look for his sister and told her what he intended doing. He has often threatened his sister. I was with his sister at the flat for about a week. I became so nervous because I never knew when he was going to be in the room. There were quarrels between him and his sister all the day long. He used to sit down for hours at a time talking to himself and take the hairs out of his head, pass them through his teeth and throw them away. I asked him why he did that. He used to do it just from nervousness; he would be thinking for three or four hours at a time.
Cross-examined. I slept in the same room as Mrs. Carlton. The prisoner slept somewhere in Shirland Road, Paddington. He used to come every day for breakfast about ten o'clock. He had no employment; he tried once of twice to get something to do; he could not get anything to do; he would come in broken-hearted and say, "I am sick of this world, Glory." He had very little money; I think his sister gave it him. I never did—I once lent him two shillings. He had most of his meals at the flat when he did have anything to eat, but he used to practically starve himself. He would sort of make a fuss if the things were not ready but he ate very little of what was put before him. He was not a man that drank at all; now and again he might drink a glass of stout, nothing stronger. When I found him under the bed I thought he had been drinking; I do not believe he had because he was not a man that drank at all—he did not care for drink. He did not exactly look like a drunken man. We were terrified when we found him there. He had been there in the morning and had had a few words with his sister and he left saying he never wanted to see her again. She used to complain of his living at the flat and having nothing to do and naturally he was upset. I think he was angry about that on that occasion. Violent language used to pass between them.
We had gone out about 7.45. He had been gone all the afternoon. When they began to quarrel I used to go into the other room. When we came back at 12.45 we heard him snoring. I may have said, "I bet you it it Jack." Then I struck a match and saw him. The electric light was on. He seemed rather dazed and I thought at first he was heavy with drink. I pulled him out and lifted him on the bed, and got him up. He did not stand for two or three minutes, and then he got up and behaved in a most violent manner. He was not at all angry about being pulled up; he was angry when he saw his sister, with whom he had quarrelled that afternoon. He took her by the throat and then I flew at him to prevent him doing her any harm. He might have been drunk, but he seemed so strange. His sister began to undo her hair, and was almost undressed—I think that was in the diningroom; and then we went into the bedroom and heard the snoring; then we ran out of the room; then, after a little, we came back into the room and I pulled him out from under the bed, and then I got him on to the bed, and he was half asleep and half awake; he seemed to be all right and she said, "Glory, I think I will go into the maid's room, and you will see what you will do with him"—I did not really remember; she was sort of undressing, and he got up all of a sudden and flew at his sister and tried to strangle her. I got him into the dining-room and I went out of the room, and when I came back I just saw him disappear through the front door. He attacked her twice during the night; first in the bedroom; then we left him in there for a few minutes, and I next saw him disappearing out of the front door stark naked. I sort of dragged him upstairs and tried to pull him together. He seemed to me as if he was helpless drunk, but I am sure he was not drunk. I have made a mistake it was twice he was violent—the night the policemen came was not the night I carried him upstairs—I cannot remember the dates. (Policeconstable Saunders brought into Court.) I remember that constable coming, but I cannot be sure it was the same night. The police only came in once, and they told him if he did not behave himself he would have to be taken away; I think he did behave himself after that; that was the night he stayed all night in the chair, I think—I really am not certain. On the occasion he came with me in the cab I had an appointment in the West End; we drove as far as Piccadilly Circus, and I left him to keep this appointment. He said, "I am going to wait for Kathleen." I said, "Don't be silly, Jack; do not do anything wrong. I must keep this appointment and then I will come round and see if I can see her." I made an excuse for my appointment and went to Rayner's Hotel, in the Haymarket, and met him there. I saw his sister outside. He saw his sister then—no he did not—I am not sure. His sister wanted me to go to the police station and get a policeman. I went back to the flat that night and was there a day or two afterwards. He complained about the life she was leading on several occasions, and she quarrelled about his having nothing to do. The morning after the night I have spoken of he made his sister go down
on her knees to him. I did not go to the flat after October 23 until quite recently.
Re-examined. Prisoner only went to the West End with me on one occasion. There were also quarrels with his sister's husband. Several people knew that I had the razor. I mentioned it to the barmaid, Miss Bamford. He was very fond of his sister when they were not quarrelling. He would come and ask her to forgive him and she would ask him to forgive her.
KATE BAMFORD (who handed in her address). On October, 1908, I was barmaid at Rayner's, Haymarket. I was employed there about 10 months from last January. I have known Mrs. Carlton about six months as a customer and have seen the accused as a customer, also the last witness. In October I saw Miss Lynne there with the prisoner. Mrs. Carlton showed me marks on her throat like finger marks and spoke to me.
JOHN LANCELOT ATKINSON , registered medical practitioner. I have attended Mrs. Carlton, of Delaware Mansions, from November 5 to the present date, and was present when her deposition was taken. She was very ill indeed, then; we almost lost her that night. She is an epileptic. I met prisoner on November 6. I cannot say if he is affected in that way. Epilepsy is hereditary; if both parents have suffered from it there is great probability of the children having it. There are two primary forms of epilepsy called haut mal and petit mal. In haut mal the disease is palpable to anyone connected with the patient; in petit mal he has slight seizures, in which he loses himself for a second and then returns back to his consciousness. In conversation he would cease for a moment and then pick up the conversation where he left off. Those are the more treacherous cases. Previous to an attack of petit mal the victim is quite calm; there would be no warning; and many times during an attack of petit mal a person previously of good character and disposition has committed terrible outrages. When he recovers he is quite calm; he may have some hazy recollection of what has happened or he may not. Prisoner's conduct in this case would be quite consistent with an attack of petit mal. A first attack may come on quite suddenly. Extreme irritability would be a symptom. If a man with the family history of the prisoner, whose two parents had suffered from epilepsy, had two attacks of sunstroke it would excite epilepsy or increase the number of attacks; anything that reduced the patient's health would do so.
Cross-examined. I practise at 112, Burnhead-road, Paddington and have been in general practice for 22 years. Mrs. Carlton's is the only case I have had in Delaware Mansions. She is suffering from an abscess on the skull. It has not affected her brain. The bone is dead where the operation was done. I was first called in on Thursday, November 6. at nine p.m., when I decided that an operation was necessary, and asked her for five guineas to get the surgeon's service. I called on Friday at 11.30 a.m., and found she was not at home; that surprised me very much, as I had advised her not to go out. I afterwards saw her and told her I did not wish to attend her
unless she followed my instructions. She said she had been to borrow the fee from her solicitor, Mr. Ellis. She said she had not any money; that she had given prisoner all the money she had, £4, which was for her rent. (The Judge ruled that communication with the sister was not evidence.) On Saturday afternoon there was an operation performed. No fee was paid. The surgeon did the operation without a fee. My father was an epileptic and I have; read the subject up carefully. He suffered from haut mal. In petit mal there are very slight seizures occasionally; the interval is varied between the seizures. A person who is an epileptic suffering from attacks of petit mal it not likely to succeed in a skilled business or profession—he is not trustworthy or reliable. The attacks might be weekly, monthly, or yearly—generally more frequently. I think during the attack consciousness is lost absolutely; after the attack there is a hazy recollection. I do not think all irritable people are insane. I do not know personally of a case of petit mal or haut mal in which considerable preparation for the violence done during the attack was made.
ADOLPHUS EDWARD BRIDGES , M.D., 18, Portland Place. I am a general physician. Epilepsy is generally hereditary; if both parents suffered from it there would be great probability of the children also suffering from it. Two attacks of sunstroke would aggravate the tendency. Anything that affects the general health would predispose to epilepsy where it was hereditary. Malarial fever and attacks of ague would do so also, by lowering the general health. In epileptics dangerous mania may exist without furious excitement; there might be no furious excitement antecedent to the attack; I might say there generally would not be. The attack comes on quite suddenly and without any reference to what has gone just before—that is the general rule in an attack of petit mal. In one or two cases in my own personal knowledge there has been some trivial giddiness, but as a general rule there is no premonitory symptom. After acts of violence the mind is generally a complete blank; sometimes there is a confused sense of something. Furor epilepticus is a term applied to violence displayed during an attack of petit mal; the attack is usually very violent—greater than in cases of extreme anger as a rule. There are cases of persons under such attacks committing the most violent outrages against those who are nearest and dearest to them; it is generally towards a stranger in my experience. In this case, where the prisoner is charged with shooting and stabbing, it is consistent with his having committed those offences during an attack of furor epilepticus that he should know nothing about the stabbing and only have a hazy recollection of the shooting.
Cross-examined. He would get a hazy recollection owing to suddenly finding himself in a totally unusual position—he would begin to, wonder, and his mind to work, and within a minute or two he would have a hazy recollection possibly of the most trivial detail. He would come to suddenly. He would be dazed at first and would try to connect his present situation with his usual situation. In my experience I should say it would take 20 minutes to half an hour before
the man really comes completely to himself. In some cases it is much more quick. A man after an attack of furor epilepticus would, in my opinion, be able to form in a minute a definite intention of rushing and escaping from the scene of his violence and striking down anybody who got in his way. I heard of a case in Leith Walk, Edinburgh, when I was a student 30 years ago, where a man who had had previous attacks of epilepsy suddenly struck a stranger most violently in the face, then ran away, and remembered nothing whatever of it. That is a case that Professor Simpson, of Edinburgh, told me of the following day. I have not known in my own personal experience of a case of petit mal where there was preparation leading up to the perpetration of the particular kind of violence which was committed during the attack. Such cases would not generally come under my observation. I am a physician and I have a large number of nervous cases, not cases of violence. There are a variety of fits; it requires skilled observation to distinguish between epileptic fits and fits not epileptic. Epileptics generally foam at the mouth in a fit; it is a fairly reliable symptom of epilepsy. (To the Judge.) It would be quite consistent with petit mal for a person to get weapons for another purpose and then use them for an act of violence in an attack of petit mal. Generally between such attacks you can detect the epileptic tendency—I should except attacks of petit mal, particularly in young people.
Mr. Bodkin submitted that parts of the deposition were clearly not evidence.
Mr. Justice Pickford. It is the safer course to admit it, and I shall caution the Jury as to those points on which they ought not to rely.
(Evidence in rebuttal.)
Cross-examined. I have no idea how the prisoner got possession of the knife; it appears to be a new one.
PHILLIP HENRY DUNN , divisional surgeon, Vine Street District. I saw the prisoner on November 7 at 2.50 p.m. His temperature was quite normal. The clinical thermometer produced is not in order—the thread is broken.
Cross-examined. The thermometer would not indicate correctly the last temperature registered; I have not attempted to move it—it has been left as it was; the thread is broken. It registers nearly 105 degrees; deducting the broken portion it is about 99 degrees. I have no great experience of malarial cases, but I have seen some; in such
cases the temperature rises suddenly and falls gradually; it would not drop to normal during the attack; it does not fluctuate greatly;, during the attack it does not come down to anything like normal.
Police-constable GEORGE WILLIAM SANDERS , 682 K, stationed at Harrow Road. About October 18 to 20 I was on duty with Policeconstable Hammond in Delaware Road, when a young woman came down to a doorway and asked me to go upstairs to her flat, which I did, where I saw a man who I believe to be the prisoner. She said he was drunk and asked me to speak to him. When I went in he said,. "Now I will go out if you want me to"—before I spoke to him. She then said, "Oh, that will be all right, constable," and I came away. He had the appearance of a drunken man, or one that had been drinking. He behaved quietly. He had an ordinary light suit of clothes on. No complaint was made of violence or assault; the young woman did not call my attention to her neck.
Cross-examined. I cannot fix the date exactly. I made no report at the time. A statement was taken from me by the Inspector on November 19; it was entirely my own statement. I told him the man did not appear to be prejudiced against his sister in any way. I heard about this case through the solicitors. Nothing was said to me about a defence of insanity being raised. The man was fully dressed, in a light suit similar to what the prisoner is wearing now. I swear that no complaint was made about violence. I went in because the young woman was standing there in her nightdress—in the doorway, not in the street. I did not ask her if she was in fear of violence; she never said the was.
Re-examined. What she said was, "My brother is upstairs in my flat under the influence of drink; he is making a noise and I cannot get any sleep. Will you come and speak to him?" I went up stairs. in the ordinary way.
PHILLIP HENRY DUNN , recalled. I examined prisoner on November 7 at 2.50 p.m. I found him perfectly rational in his answers to all the questions I asked. He was shivering slightly and his pulse was rapid—about 120; I consider that was caused by the natural reaction—by the position he was in; I attributed the shivering to nervousness. He was in the cell. He answered my questions perfectly intelligently and at once. I found no symptom of epilepsy. I have heard the evidence with regard to epilepsy. After an attack the person is certain to be drowsy, heavy, and not at all clear. That condition would ordinarily continue over three hours.
Cross-examined. I agree with Dr. Bridger that after a patient had completely recovered from one fit and before the next one came on he would exhibit no signs of epilepsy. In a very slight attack he would become perfectly collected in 20 to 30 minutes. In the case of a very serious attack it might take five or six hours; it might be less; it depends on the severity of the attack of petit mal. After an attack sufficiently severe to cause a man to commit a murder such as this he certainly would be drowsy or heavy for three or four hours at least. When I saw prisoner he was calm. I attributed the shivering to nervousness; it crossed my mind whether it was not partially assumed, because he said he was suffering from an attack of ague,
and he certainly was not. A pulse of 120 is not normal, anything between 60 and 90 would be normal. The shivering and high pulse, if not assumed, was caused by the excitement of the reaction. I do not say it was assumed. Epilepsy is frequently hereditary. If his parents and his sister ware epileptics, the chances are he would have a highly organised nervous system and would suffer from some nervous disease, not necessarily epilepsy; I think he would be more likely to have it. I would not say there would be a marked predisposition. Attacks of sunstroke, malaria, or ague might lead to epilepsy by reducing the general health; I should not say they would render him liable to outbursts of insanity. An epileptic would not be liable to absent-mindedness between attacks; I think he would be more or less normal.
Re-examined. Having heard the circumstances of this case, if these acts were done by the prisoner in the course of an attack of petit mal, it must have been one of the greatest violence. It is invariable that attacks of the greatest violence leave the longest traces behind them. I did not find the slightest trace in the prisoner of ague. His condition was perfectly consistent with nervousness arising from his position.
JAMES SCOTT , M.D., medical officer H.M. Prison, Brixton. I have been medical officer of a detention prison for about 13 years, have dealt with a large number of cases of insanity or alleged insanity, and have given evidence in this court for 12 years. Prisoner came under my observation on Monday, November 9, and since that date I have seen him once or twice a day and had various conversations with him as to his health and his history generally. I have heard the evidence given in this case. He talked rationally and connectedly, his memory was fairly good, I detected no delusions. His temperature has generally been normal—98.4 deg. On two occasions it reached 99 deg. and on one occasion 99.2 deg. He complained of pains in his head frequently and of feeling aguish. I have seen nothing resembling an attack of ague. He slept and ate fairly well, as a rule. His conduct generally has been quiet and well conducted. At times he looked rather depressed—nothing beyond what might be expected from his situation. He had had rather a fagging day in court awaiting trial. He told me he had been in London four months, had had no employment for six months, and had had money from his sister. He said his sister's mode of life had worried him a great deal. He said he had been an electrical engineer and had done nothing strange so far as he knew in doing his work. He told me his father was a sergeant-major in India and had been engaged on public works after leaving the Army. His memory was vague as to his father's health. He understood his mother had died from plen✗isy and brain fever and had suffered from epilepsy. He said he had had typhoid in India about 1901 and two short attacks of sunstroke in 1901 and 1903, when he was laid up for a few days; he had had malarial fever at times for 10 or 11 years; he thought he had had scarlet fever and cholera. His memory was rather vague at to this; he said he had been laid up on one occasion for three or four days, and on the other for seven to 10 days. The only fit he referred to was one occasion
when he was on a bicycle and found himself at a different place from that which he wished to go to, and he thought he must have had some kind of a fit. Since November 9 I have observed no sign of epilepsy; I have not detected any insanity. From my observation and from studying the evidence I do not see anything to indicate that he was insane on November 7. If the parents are epileptic it would be a predisposing cause in their children of epilepsy of the best understood types, but there are various kinds of fits where heredity would not be the affecting cause. (To the Judge.) If the parents suffer from epilepsy the children are more likely than other people to have it. (To Mr. Bodkin.) If prisoner had suffered from epilepsy he would probably not have performed the work attributed to him without a lapse—doing something wrong or omitting something. With regard to attacks of epilepsy the cases all vary; some are at fairly regular intervals, others very irregular; the attacks frequently increase in intensity. Petit mal is a mild form of epilepsy; one would not expect the first fit to be very violent. The fits may be quite independent of external circumtstances; they may be aggravated by trouble, worry or illness; epileptics are very often irritable in temper; the prisoner does not appear to be so. Fits of petit mal last very often only a few seconds, sometimes a little longer. They are followed by lassitude; if of a violent character the fit would be followed by a longer period of lassitude. During the fit the sufferer is unconscious of his surroundings. After the fit is over sometimes they have absolutely no recollection; at other times they seem to have a hazy remembrance; they are generally slow and dull for a while afterwards. After such an attack as is suggested here he would not be in a normal condition for a few hours. I have no experience of such a case as a true epileptic making preparation for using and afterwards using implements in the course of an attack. As a rule they make no attempt to escape; it is highly improbable that they would be at once able to intelligently answer questions. Taking all the circumstances I have heard stated in the evidence, assuming them to be correct, and adding my own experience of the prisoner for the last five weeks, in my opinion on November 7 he was conscious of his acts and in a condition to know whether they were right or wrong.
Cross-examined. Epileptics are liable to irritability. Frequently there is no sign of epilepsy between the attacks. Prisoner has had small doses of kinastine and quinine when he has complained of his headache being very severe. Quinine of course has an effect on malaria; kinastine would have no effect on it. A person generally is calm just before and immediately after an attack of petit mal—i.e., petit mal per se. In petit mal combined with epileptic furor I should not expect immediate calmness; I should expect the effects to last longer; more like three or four hours. Petit mal by itself is merely a short loss of consciousness. An attack of furor usually lasts but a very short time; the immediate attack is a question of seconds,' it is usually followed by sleep or a period of dulness or depression; the sufferer might be 20 or 30 minutes before he recovered sufficient consciousness
to realise his surroundings; they are not generally in a humour for running. I agree with Dr. Bridger that an epileptic parent might have a child predisposed to epilepsy. In many cases of alcoholic convulsions there is foaming at the mouth where there is no real epileptic tendency. The prisoner's mother frothing at the mouth raises a suspicion at any rate of epilepsy. The disease frequently comes on about the age of puberty—from that to 25. The bicycle incident referred to might indicate an epileptic seizure; it might not. After a fit generally the memory is a blank; occasionally they seem to have a hazy recollection. If prisoner had committed these acts in an attack of petit mal I do not think he would give rational answers under 20 or 30 minutes.
Re-examined. I understood the prisoner's statements as to his mother were from his personal knowledge, because she died a few years ago while he was in India. His father died in 1896, and the prisoner's statements were quite vague; it is said that the father used to have fits, but as to when they occurred I have had no information; they may have occurred after prisoner was born.
HERBERT WILLIAM UMNEY , recalled. It is a very common practice for knives imported from Germany to have the maker's named filed out in order to conceal the fact that they come from abroad. I cannot tell you if this is a foreign knife.
Verdict, Guilty of wilful murder.
Prisoner being called upon said, I still say I am not guilty. I recollect nothing barring the revolver. I recollect a noise, and that must have been the firing of the revolver. A dastardly assassination is absolutely foreign to my nature, as my past action will show. I have taken a life, but how many have I saved? If you go back two years, on May 29, 1906, I saved two lives and was instrumental in saving a third at the risk of my own, and yet knowing the dangers I committed that dastardly assassination. Can you reconcile that? I am not afraid of death. There it is. From my heart I recollect nothing barring the noise of the firing. It is not myself I feel sorry for. I am only sorry for the friends that have befriended me.
BEFORE JUDGE RENTOUL.
(Tuesday, December 15.)
SONKIN, Lazarus (48), SHEPHERD, Arthur (26), DOBKINS, Leah, and COHEN, Harry (23) ; breaking into the warehouse of Julius Mark Gottheimer and other on November 25 last and stealing 550 yards of cloth, their property. A second indictment charged them with receiving the same goods well knowing them to be stolen.
Mr. Forrest Fulton prosecuted; Mr. Purcell defended Cohen; Mr. Louis Green defended Dobkins.
the place. In the course of that night my brother, living at a different address, was communicated with by the police. The following morning I went to the premises and found two locks and hasps had been broken off. I missed 21 rolls of tweed representing a length of about 600 yards and worth £55 or £60. I got the cloth from various manufacturers. They are all patterns designed and made for use. I have since been shown 18 out of 21 rolls, which I identified. There patterns (produced) I believe are out off from some of the pieces. I have seen the rolls from which they were out and they fit. These are nine of the pieces I identified (produced).
To Shepherd. I do not know you.
To Sonkin. I do not know any of the prisoners.
Police-constable WILLIAM ROKINS , 118 H. I was on duty in the neighbourhood of Great Alie Street on the night in question when I saw, at No. 22, an unusual light on the ground floor. I communicated with Mr. Gottheimer and subsequently examined the premises with him. The hasps had been broken off the inner door of the warehouse. I reported the matter to my superior.
To Shepherd. I did not see you or any of you.
Detective-sergeant FRANK GIRDLER , H Division. On the night of November 27 at about 8.15 I was on duty with Detective Housen in the neighbourhood of Arbour Square when I saw a covered van drive up Arbour Square to the "Star and Garter" public-house; Hawkins, a witness, was driving and Shepherd sat by his side and Sonkin was inside the van. Shepherd and Hawkins got out and went into the bar of the public-house. Sonkin remained in the van. He drove away with the van towards Albert Square and stopped at No. 38. I know now who kept the house. It is about 80 yards from the public-house across Commercial Road. Housen and I followed the van. When Sonkin got to 38 he got down and knocked at the door, which was opened, I do not know who by. He came out and took four sacks of something out of the van and carried them hurriedly into the door. In the last sack I noticed a piece of cloth hanging out of it, trailing along the pavement. He put up the tail-boar✗ and drove away to the "Star and Garter" public-house. He got out and went into the middle bar, where Hawkins and Shepherd had gone, and almost immediately came out with the two. Hawkins got up into his van and started driving up Arbour Square. Shepherd and Sonkin walked along the same way. On my instructions Housen stopped the van. I stopped Shepherd. Sonkin ran away. I ran round the head of the van so as to head them, as I thought, but he had a clear way from me. Shepherd was nearest me, so I claimed him. I have no doubt as to Sonkin. When I stopped Shepherd I said, "What have ✗ou in the van?" He replied, "I am done! The carman knows nothing about it. I hired the van." I took him to Arbour Square Police Station, where he was detained. Horson brought the van to the station and we found in it 14 rolls of cloth identified by Gottheimer. Four rolls of cloth were in coal sacks. The sack produced has the name of Mrs. Sonkin, 14, Pelham Street on it. I then went with Housen to 38, Albert Square, and knocked
at the door, which was opened by Dobkins. I said, "Who are you, the occupier?" She said, "Yes. I am the wife of the occupier." I said, "We are police officers, making inquiries about some cloth just delivered here and which we have every reason to believe has been stolen." She said, "I know nothing about it." I stayed on the threshold inside the door and saw that sack containing a roll of cloth. It has no name on it. It was about three yards inside the hall. I said, "What is that?" She said, "Lazarus, the coal man out of Buxton Street, brought it here." That is Sonkin's name, and he lives at 52, Buxton Street. I said, "Have you any more?" She said, "No." I said, "I am going to have a look," and then I went to the workroom door. There are two doors together, but they generally used the second door, and I found it locked. I said, "I want the key of this room." She said, "I have not got it." I then obtained the key from a female lodger upstairs and got in. It is a cutting room. I found there three rolls of cloth similar to these and identified by Gottheimer. I said, "Do you see these?" She said, "I don't know how it got into the workroom." Housen afterwards took her to the police station, when she said, "The man is Ginger, and keeps a greengrocer's shop in Buxton Street." Sonkin keeps a greengrocer's shop there. At about 1.30 a.m. on the 28th I went to Sonkin's address in Buxton Street. I told him we were police officers and were going to arrest him for being concerned with two other persons arrested on suspicion of being in possession of cloth believed to be stolen, some of which he was seen to deliver ✗ Albert Square. He said, "You have made a mistake. I know nothing about it. I have been in London 12 years and lived at 14, Pelham Street before coming here." I took him to Arbour Square Police Station, and he was charged the next morning with the other prisoners. He made no reply.
To Shepherd. When I arrested you, you were walking alongside the van. You did not say, "You need not hold me, I shall not run away." You said, "I am done!" not "I have done nothing."
Cross-examined by Mr. Green. The whole transaction so far as Dobkins was concerned took very little time. I did not see who opened the door. Someone looked out of the window on the first floor, a female. She then opened the door to me. I did not say, "We are police officers; where are those goods that have just been brought in?" I said, "We are police officers, and are making inquiries about some goods." She said, "I know nothing about it." She did not say, "I was in the bedroom." She said something about her sick child after we found the roll of cloth. She did not say she had been in the bedroom looking after the baby. I did not go into the room from which the person looked out of the window. I said we were going to search the place and she made no objection. She did not ask the servant for the key. I obtained it from the lodger. She came down and said, "Try my key." Dobkins did not say. "I will go and see if I can get the key from my lodger." She said she wanted to go up and see her sick child and I let her, and did not follow her into the bedroom. I went to the house again the
next day and asked the lodger which room the occupied. I took the key with me. I found that the key that opened the lodger's door opened the cutting room door. When Dobkins spoke of Lazarus she did not say she had been dealing with him for years. She did not say he came for an order for a sack of potatoes on the previous Tuesday. I put down the conversation I had with her, which was very little, and she never mentioned anything about Lazarus, bar what I said in my evidence. The hall was fairly well lighted. I had a conversation with Mr. Gorski. She said she had been sitting upstairs in the room with Mrs. Dobkins and that they heard a knock and Lazarus brought the beg in. I cannot say who looked out of the window.
Detective GEORGE HOUSEN , H Division. At 8.15 p.m. on November 27 I was with Sergeant Girdler in the neighbourhood of Arbour Square when I saw a one-horse covered van draw up outside the "Star and Garter" public-house. Hawkins was driving. Shepherd and Sonkin were in the van. Hawkins and Shepherd got down and went into the public-house. and Sonkin drove the van away. I followed him and he stopped outside 38, Albert Square. He got down and knocked at the door, which was opened by somebody. I could not any who. He took from the van four rolls of cloth in sacks. There was cloth hanging from one of them. This is one of the sacks. He took them inside the house. He came out and put his tail-board up and drove back to the "Star and Garter." He got out of the van and went into the public-house and immediately returned with Shepherd and Hawkins, the driver. Hawkins got up and drove the van away. Shepherd and Sonkin followed on foot. I ran after the van and stopped it, and from what Hawkins told me I took him and the van to Arbour Square Police Station. I searched the van and found 14 rolls of cloth, four of which were in coal sacks, bearing the address of 14, Pelham Street. Four were in plain sacks, and the rest were uncovered. All the rolls have been identified. In company with Sergeant Girdler I went to 38, Albert Square, where I saw Dobkins. Girdler said, "We are police officers and are making inquiries about some cloth which is believed to be stolen and recently brought here." She said, "I know nothing about it." We went inside and I saw one of the sacks in the passage containing a roll of cloth. Girdler said, "How do you account it that?" She said, "Lazarus, the man from Buxton Street, brought it here." Girdler said, "Have you any more?" She said, '"No." Girdler said, "I am going to have a look." We went to the workshop door, which was locked. Girdler said, "Have you the key?" She said, "I have not got it." We afterwards obtained the key from the lodger, opened the door, and there found three more rolls of cloth, one of which was partly in a sack. Girdler said, "You see these?" She said, "Yes; I don't know how they got into the workroom." Girdler said, "You will have to go to the station," and I took her. At the station she said, "The man is Ginger, and keeps a greengrocer's shop in Buxton Street." Shepherd had been previously taken there by Sergeant Girdler. He said, pointing to some other officers, "These people know this is not a game of mine. I work on the race-course.
I should not get much out of t✗is. I hired the van. The man who would have got most out of it was Dutch Ginger, who ran away." We then went to 18, Claremont Street, where Shepherd lived, and found this piece of cloth on the floor (produced). It is a sample of some of the cloth identified. We then went to Sonkin's place, 52, Buxton Street. Sergeant Girdler said. "We are police officers, and are making inquiries about some cloth, and are going to arrest you for being concerned with two others in custody for receiving cloth believed to be stolen, some of which we have seen at 38, Albert Square." We then conveyed him to the station.
Cross-examined by Shepherd. I did not hear you say at the station that you had not done it. You were on the van by the side of the driver. I did not say you were inside.
Cross-examined by Mr. Green. We could not see inside the hall when Sonkin delivered the cloth. Dobkins did not say she was busy in the bedroom. I did not make a note about the sick baby. I did of other things. It is the practice to make a note of what a prisoner says. The conversation was with Sergeant Girdler.
CHARLES HAWKINS , carman to Henry Stevens, contractor. On October 27 I drove to 18, Claremont Street. I met Shepherd on the way and took him there, and some rolls of cloth were put in the van by Shepherd out of the house. There was no light. We then drove to Tindale Street, when a ginger man got in the van. I cannot identify him. We went to Vallance Road. Bethnal Green, where we stopped a few minutes. We then drove on across Mile End Road to Arbour Square oy Shepherd's directions, and stopped at a public-house. Shepherd called me to have a glass of ale and we went in. The ginger man stopped in the van. He came presently and shoved the door open and said something. I came out and found my horse's head turned the other way. We drove towards Arbour Square Police Station. The ginger man and Shepherd walked by the side of the van. We were stopped and taken to the police station.
To Shepherd. You fetched the cloth out straightforwardly. It was not in sacks.
Sergeant GEORGE WRIGHT , J. Division. On November 26 I went with Sergeant Hanley to Cohen's house in Bethnal Green at 1 p.m. He was out, but returned about 7 p.m., until which we remained. I saw two pieces of oilcloth—one laid in the front room and the other was a smaller roll in the back kitchen. I took Cohen from the kitchen to the first floor front room. It was dark and he lit the gas. I turned round to pull down the blinds, and prisoner took from his overcoat pocket some pieces of cloth and threw them under the sofa. I said, "What have you thrown down there?" He said "Nothing." I knelt down and picked up the cloths and laid them on the table. As I did so prisoner said, "That is nothing—they are only a few rags; I got them from my brother at 189, Shoreditch." He was then taken to the Bethnal Green Road Police Station, where Mr. Gottheimer identified the cloths as pieces taken from the rolls stolen. On December 1 I went to Arbour Square Police Station and
was there shown some rolls of cloth. I compared them with the cuttings, and there is no doubt they had been cut from that cloth. I can piece them together. I have seen Cohen and Shepherd together. When I told Cohen I believed the linoleum to be stolen he said, "I bought it down in Club Row. If you have a charge, take me to the station." I said, "I give you an opportunity to say whether you came by it honestly, otherwise I shall take you to the station." He said, "I believe I bought 16 yards at Lewis's, the pawnbroker's. If you go there you will find it is true." I have made inquiries and there is somebody here from there. With regard to the small roll. he said, "I bought that from a gipsy man at the door."
Cross-examined by Mr. Purcell. I took Cohen to the room upstairs about 10 minutes after I got there. His wife let me in. We remained in the house from 1 till 7. Detective Cleery, of the G Division, also came in. There was no uniform man with us. Cohen's wife let him in at the area door. we went down to him. One piece of the oil-cloth was laid down for use and apparently to fit the room.
Sergeant ALFRED HANLEY , J Division. I went with last witness to Cohen's at 1 o'clock. He was out, but came in at 7. He went in down the area to the kitchen. We afterwards went upstaire, when Cohen lit the gas and Sergeant Wright pulled down the blinds. Cohen took something out of his overcoat pocket and threw them under the sofa. Wright looked under and picked up those nine pieces of cloth. Cohen was asked to account for them, and he said they were a lot of rags he had got from his brother, at 189, Shoreditch. I saw some linoleum on the floor and a roll in the passage. He said he had purchased that from a pawnbroker. Mr. Gottheimer was sent for, and he identified them in Cohen's presence. I said to Cohen, "You hear what this gentleman says? He has identified these as his property and stolen from his warehouse. You said you got them from 189, Shoreditch. Do you mean 189, High Street, Shoreditch?" He said, "No," and that he got them somewhere else. On December 1 I was present at Arbour Square Police Station when a namber of patterns of cloth were produced which I compared with the rolls of cloth and seven out of nine corresponded. I know Shepherd and have seen him with Cohen.
Cross-examined by Mr. Purcell. I cannot say if any gas was burning in the basement at Cohen's. I met Cohen and Wright in the passsge. There was no light there.
To Shepherd. I have known you for several years as going on the racecourse. I have never known anything wrong about you. I have said I have seen you with cardsharpers.
By the Court. I am sure they are the men I have seen together. On the 26th at 10.45 I saw them. I knew both of them before. I am not mistaken. I have seen them in the van with Cohen driving.
Re-examined. Sergeant Wright was with me when I saw them. I took up the linoleum.
(Wednesday, December 16.)
Sergeant WRIGHT. recalled, produced the three rolls of linoleum.
JOSEPH ISAACS , manager to Messrs. Wood, Cole, and Co., 27. Mile End Road, house furnishers. On the night of October 30 our shop was broken into, and on the following morning I missed some linoleum. I have seen the linoleum produced by Sergeant Wright, and to the best of my belief it is that which was stolen. It bears the same numbers, and the pattern is exactly the same.
Cross-examined by Mr. Purcell. The linoleum is made by Williamsons, of Lancashire. That produced is what we call second quality and may be described as the ordinary domestic article. We purchase a large quantity in the course of the year. All of that quality would be stamped 8,004.
Cross-examined by Mr. Purcell. We sell a fair quantity of linoleum in the course of the month. Cohen and Bert Young came to the shop together on September 7. My attention was recalled to the transaction some time in December, when Sergeant Wright came to see me about it. I have an entry in my book, "Young, 4, Gernham Road. Three chairs, kitchen table, remnant lino 4 ft. 4 in.," etc. "Bert Young" at the bottom is the purchaser's signature. When we have more than one or two lots of stuff to go out we usually date the entries. Sales of lino are also entered in the sale book. The lino produced is of exactly the same pattern as that which I sold to Bert Young. We get our linoleum from Williamsons, of Lancashire. Different manufacturers have different systems of marking. When Sergeant Wright came to see me he asked me if I had a customer named Cohen. I told him that Young, when he came, had a young fellow with him who might have been Cohen. Purchasers often come with friends, especially if they are buying commodities for different rooms in the same house, or brother and sister might come together. I remember this particular occasion, because of the address which was given me. The two young men who came both looked round the shop together. I entered the stuff under one name, and only one paid. When Wright came I had stuff of the same pattern in the shop, and have now. I know which stuff it was by the price charged, 18s. Of course, the price would vary with the quantity; if we sold a large quantity we should sell it cheaper. The clock and other goods are not entered in the sale book. We enter the lino so that we may know how much we have left.
Re-examined. The total amount sold to Bert Young was 16 square yards, eight running yards we call it. Since September 7 I have not sold any other linoleum to Bert Young or to anybody at that address. JOSEPH ISAACS (recalled). I have been to 4, Gernham Road, and seen a room there with linoleum in it. It measured 16 square yards. The pattern is exactly the same as that produced.
Mr. Louis Green submttted that there was no case to go to the jury agaisat Mrs. Dobkins. There was no evidence that she received this property. It was true that she was in the house, 38, Albert Square, when the property was discovered, but that
was the house in which she was bound to be; it was her home, the house where she was living with her husband, and therefore there was nothing irregular in her being there. It was not suggested that she opened the door or was in the passage at the time the cloth was delivered; in fact, upon the evidence for the prosecution at the time the cloth was delivered she was upstairs with her baby and the lodger, Mrs. Gorski. How could it be said that she took any part in the reception of stolen proparty? She was the wife of the occupier and it was her husband who was carrying on business on the premises. It would be extremely dangerous even to leave the case against Mrs. Dobkins to the jury. It was upon the prosecution to show that she received the property, and they had not proved it.
Mr. Forrest Fulton submitted that there was nothing to prove in which room the female prisoner was at the time Sonkin called, but there was no question at all that she was in the house as ocoupier at the time when the four bales of cloth which had been clearly demonstrated to have been stolen were delivered. Nobody had been mentioned as being there except Mrs. Gorski and her baby. Mrs. Dobkins' being the wife of the occupier was, he submitted, in constructive possession of any property which might be deposited on her promises.
Judge Rentoul. Not her premises; they are her husband's premises Mr. Forrest Fulton. In the absence of the husband the wife may be assumed to have control over the premises of her husband, If during the absence of the husband goods are deposited there those goods are in her possession constructively, although of course it is always open to any person to explain how they came upon the premises. When a person is found in possession of goods which have been recently stolen the law imposes an obligation.
Judge Rentoul. When a person is found in possession. She it the wife of the occupier and the things are not found in her physical possession. If she had had them on her or had been sitting on them it might have been different. The goods are delivered at her husbands house; she is not seen to take them in. When the detective comes she says "I know nothing About them."
Mr. Forrest Fulton recognised that it was incumbent upon him to show that she had some amount of knowledge, however small, with regard to the goods. She denied all knowledge at first, but when her attention was directed to the sack she said "Lazarus, the coke man, brought that here.' Therefore it was clear she know that Lazarus Sonkin had brought something, which was in fact the stolen cloth. she was asked "Have you any key," and she denied that she had. Then, ultimately, the stolen cloth was found locked up in the workroom with the key elsewhere. He submitted that his Lordship ought not to withdrew the case from the jury.
Judge Rentoul held that there was no reason why he should withdraw the case from the jury.
ARTHUR SHEPHERD , prisoner, on oath. With regard to the robbery I say I know nothing about it. It was five days after the robbery that I had the stolen property in my possession and was arrested. On the day I was seized I was not doing any work. My wife was expecting to go to bad at the time and I was out trying to borrow a few shillngs. I met a man who goes to race meetings. I have backed horses for him on commission. Then I met a Jew, whom I hare always believed to be a tailor, and had a drink with him, and he asks me how I was going on. Then he said his place was being done up and he had some cloth and other stuff which he was afraid of getting spoiled and did I know a place where he could store it. I said he could store it anywhere if he paid for it. He said he only wanted to store it for a short time so that he could get it immediately he wanted it, and I said, "You can store it at my place if you like if you pay me for it" as I had no money. I went home and thought no more of it. When I was having tea a knock came to the door
and this man was outside with a van, not the van that was afterwards seized. I cannot call my wife as she has been confined, but if you could call her she would prove what I am saying. I have had no communication with her as I have been in Brixton prison. I fetched the stuff (cloth) into my place and put it in the front room. I have two rooms. The man gives me this and goes away. That same night the man came back and said, "I am going to take that (cloth) away now; I have got a place to store it. I will pay you for your trouble." I then said, "Have, you got a van?" He said "No." I said I would go and hire one and fetched the van back. When I came back the man who gave me the cloth was standing at the top of the turning. I loaded up and came back to the top of the street when this man got in. This Jew man is a ginger man, not Sonkin. When we got into Vallance Road this man who hired me got out of the van and we waited in Vallance Road. He came back and threw four sacks in the van; the sacks had Sonkin's name on. Just as Sonkin was starting off this other man got into the van, so I asked Sonkin, "What does he want in the van?" He said, "It is quite right; he has hired some sacks off me; I am going to look after the stuff." I said, "What is the idea of that?" He said, "He does not know much about you, and he knows I am a shopkeeper. I will look after it." We went to Whitechapel Road, and there the other man (not Sonkin) jumped off, leaving me and Sonkin on the van. We went to Arbour Souare and there we met this other man in a public house. I said I did not go any further. I asked the carman if he would have a drink, and he said "Yes." Both got cut. Sonkin then said, "I will go and deliver these four sacks." He went away and was supposed to deliver them. I did not know where he was going. He came back and he was just-going to drive away when I was arrested. I said, "I have done nothing." Neither had the carman, because I hired the carman and the van.
The carman HAWKINS, recalled, said that at the time the stuff was put into the van he saw nothing of anv✗ third man, but a third man might have been sitting on the tailboard. He did not know the stuff was "wrong," or would have had nothing to do with it.
LEAH DOBKINS , prisoner, on oath. My husband is tenant of 38, Albert Square, and I carry on with him there a tailoring business. My husband does not buy stuff himself; he gets it from the shops to make up. I help him with skirt work. I have known Sonkin eight or nine years. He is a greengrocer and sells coke, and I have been in the habit of having things of him. I remember the evening of Friday, November 27. I was at home that evening in the front room on the first floor looking after my sick baby. My lodger, Mrs. Gorski, was with me at the time. I heard somebody knock at the door and I went to the window, from which I saw Sonkin. I was expecting him to bring a sack of potatoes. My son Maurice, a lad aged 14, opened the door. I did not speak to Sonkin myself. I remained upstairs and continued to nurse the baby. Shortly afterwards there was another knock. I went to the window again and saw two gentlemen, who were strangers to me. I came downstairs
and opened the door. They stated that they were police officers and asked me if I knew anything about any stolen property. I said I did not know anything about it. Then they asked me who was the man who had just called at the door. I said "Lazarus." Of course, I did not know his second name. I told them he was a greengrocer. I saw there was a sack in the passage. I did not know anything about it and told them they could search the place at once. They did so, and found the door of the workroom was locked. They asked me for the key. I said I had not the key and did not know it was locked. Then I went upstairs and asked Mrs. Gorski if she had a key and she came down with it. They opened the door and found the cloth in the cutting room. They said to me, "Can you see that?" I said "Yes; I am really surprised how it comes into that room." I told the officers I had been looking after my sick baby all the time. They told me I would have to go to the station. I had no idea that Sonkin had left any cloth on the premises. I did not have a word of conversation with him. I was not expecting him to bring any cloth to my place. This is the first time in my life I have been in any trouble. I have been in London 19 years.
Cross-examined. Mrs. Gorski is the only lodger. We left off business that night about six or half-past. We did not lock up the workroom; the cutting-room door Was open. The cutting-room is the room in which the three rolls were found. No special person keeps the key of that door. One of the keys is hanging on the dresser in the kitchen. I agree that between the time when Sonkin came and the arrival of the police officers that key had been used—at least, I suppose so—the door opened, and the cloth deposited there. I cannot suggest anyone who could possibly have taken these bales of cloth, put them in the cutting room, locked the door, and taken away the key. I was upstairs at the time and I really do not know what to answer about it.
Re-examined. The door of the cutting-room was not always looked. The key was sometimes left in the door. I did not see whether the door was locked this particular Friday afternoon.
RACHAEL GORSKI , 38, Albert Square. I am a widow and get my living by travelling in drapery. I remember the Friday night when Mrs. Dobkins was locked up. I was with her from six o'clock that evening, sitting by the fire place. I heard a knock at the door. Mrs. Dobkins went as far as the window. Afterwards there was another knock. Mrs. Dobkins again looked out of the window and then went downstairs. She came back and in consequence of conversation I had with her I came downstairs and gave the key of the cutting-room to the detectives.
Cross-examined. The key I gave the police officers was the key of my own room upstairs. I went upstairs and took it out of the door. I am satisfied that Mrs. Dobkins did not go downstairs even for a minute or two. She was with me all the time until the police officers came. I did not see her again until she came home on the Saturday. I was at the police station on the Saturday morning, but was not called.
Re-examined. A police officer came a couple of days afterwards and tried the key in the door, and found it fitted both the door of my room and the workroom door.
MAURICE DOBKINS , son of Leah Dobkins. On Friday, November 27, I was downstairs in the kitchen having a meal when I heard a knock at the door. I went upstairs and opened the door, when I saw Mr. Lazarus Sonkin, who has been in the habit of bringing things to our house. Of course, I thought he had come on the usual errand. I let him in and went downstairs to finish my supper. Afterwards I heard the door closed. I saw the sack in the hands of Sonkin before it was brought in. When I went up to see if he was gone I saw the sack there. I took no notice of it.
Cross-examined. The cutting-room door was locked when I came upstairs; I tried it. The key is always kept in the kitchen. It was not there that day, but in the door of the cutting-room. I know that because when I went about seven o'clock to put some pleated skirts in the cutting-room the door was open. I did not ask Sonkin if he was bringing in vegetables; he always put them down himself. I cannot suggest how the cloth got into the workroom; I daresay Lazarus Sonkin took it in. I do not know who locked the door. I did not see the police when they came; I was downstairs. I heard some conversation, but did not take any notice of it. I do not know who let them in. Grandfather was downstairs with me in the kitchen. It was about a quarter of an hour after I put the skirts away that I let Sonkin in.
HARRY COHEN (prisoner on oath). I live at 44, Gernham Street. Bert Young has lived at the same address about three months. I remember going to Lewis's with him in September. Bert Young bought three chairs, a table, and a clock, and I bought 16 yards linoleum. The goods were sent to my house during my absence. The linoleum was put in my front room in a corner and the other things were delivered upstairs. Next morning I laid the linoleum myself and cut it up to fit all round. It remained there from September 8, the day after it was bought, until the police came to my house on November 26. I remember coming in about seven o'clock on that date. I came down the area steps and my missus opened the door. As I came in the detectives come down the stairs. The door opens into the kitchen, which was lit up. The two officers asked me to walk into the parlour upstairs. I was proceeding to take my overcoat off when they said, "What are you taking your overcoat off for?" I said, "Nothing," and put it on again. Then I took some patterns out of my pocket or some pieces of rags. as I call them, and chucked them on the sofa. Sergeant Wright went to the sofa and picked them up. Those patterns, as I told the officers, I had found at the top of Church Street, Bethnal Green Road end, wrapped in a brown paper parcel. Sergeant Wright next said to me, "We have reason to believe you have got some oil-cloth here which has recently been stolen." I said, "I do not know what you mean about stolen oil-cloth. I have got some oil-cloth, it is true." They said, "Where did you get it from?" I said, "One lot I bought at Lewis's, one lot I bought in Club Row, and the other lot
I bought of a gipsy man who came to the door," which is quite true (Witness identified the pieces he had bought at described).
Cross-examined. I did not tell the detectives I obtained the patterns from my brother at 189, High Street, Shoreditch; that is invention on their part. I know Shepherd, but have not been in the habit of meeting him. I have seen him once or twice in public-houses. It is untrue that I had conversation with him on the morning of November 26, the day I was arrested. If the detectives have sworn that I did they will swear anything. I do not know that the pieces of cloth taken from me were identified by Gottheimer; the officer will know that.
Witnesses to character were called on behalf of Mrs. Dobkins and prisoner Sonkin, and Sonkin made a statement to the jury, not on oath.
Verdict. Sonkin, Shepherd, and Cohen, Guilty; Dobkins, Not guilty.
Judge Rentoul, in ordering the female prisoner to be discharged, said he quite agreed with the verdict; there was not enough evidence to convict, though he had not felt justified in stopping the case. No risk, however, was run, prisoner having been given in charge to the jury.
Before sentence was passed, the following three prisoners were tried:
SMITH, Albert (23, porter), LONG, George (23, salesman), WILSON, Charles (23, waiter) ; all breaking and entering the warehouse of Robert Norton and another and stealing therein 2,700 yards in length of silk and the sum of 8s. 1 1/2 d., the goods and moneys of the said Robert Norton.
THOMAS KINGSTON . I am clerk to Sir Robert Norton, trading as Anderson and Norton, 11 and 12, Bayer Street, Golden Lane. On November 19 I locked the premises up about eight o'clock. Everything was then secure. On the following morning about 20 past eight I found the warehouse in the hands of the police. From the second floor I missed 2,700 yards of silk valued at £200 and 8s. 1 1/2 d. in cash from a private drawer underneath where the silk had been placed. On the first floor there was a packing case about 4ft. 6in. by 5ft. The outer door had been broken open. The silk produced forms part of the stolen goods.
Inspector WILLIAM EVANS, G Division. On November 19 about a quarter past nine I was in Bayer Street, Finsbury, in the neighbourhood of this warehouse. I saw the three prisoners coming from the direction of the door. They were together. I could not say they came out of the door as it is in a recess of quite 2ft. They passed me and went through Golden Lane into a narrow passage. They aroused my suspicions. I saw Constable Collins at the top of the street and gave him instructions. I also gave instructions to Constable Clements, with whom I was talking when I saw the three prisoners. Coming back through the pasaage which leads from Bayer Street into Goswell Road I could see prisoners quite plainly. All three made towards Hot Water Court. Most of the windows of this warehouse look into Hot Water Court. but the door is in Bayer
Street. I went in the direction of the court and saw Wilson coming out of it. I stopped him and said, "What are you doing?" He said, "What do you mean?" I said, "Where are your pals" He said, "My pals! I am alone. I have been down the court to ease myself." Whilst he was saying this I saw prisoner Long looking round the corner of the court. I saw his face plainly for a moment or two. I then took Wilson back to the top of the court, where I saw Constable Clements with Smith and Long. Then I said to Wilson: "These are your pals." He looked at them and said he had never seen them in his life. Then I said, "You passed me 10 minutes ago going up the street towards Goswell Road." Then Smith said, "George, speak the truth." Wilson said, "Yes, I did, sir. I was wrong in telling you I had not seen them before." Long and Smith both told me they were married men. Long and Wilson said they lived at Hare Street, Bethnal Green; and Smith said he lived in Edgware Road. I asked them why they were there, and they said they had come to meet two girls they had met in a public-house the night before last. Prisoners were then taken to the police station and charged as suspected persons. Having previously given certain instructions I went back to the warehouse and found that 2,700 yards of silk had been placed just inside the door, packed in black bags. A jemmy produced was also just inside the door, and on a door on the first floor there were marks corresponding with the jemmy of very peculiar shape. Evidently someone had failed to get in at this door. On the first floor of the warehouse I found an empty packing case about 5ft. high, and I saw footmarks all along the bottom of it as though two men had been standing in it. It was a case which would easily conceal two men. The door of the second floor I found had been forced and the place was in some confusion. I went back to the station, and had prisoners brought out of the cells. I told them they would all be charged with warehouse breaking at 11 and 12. Bayer Street, and to Smith and Wilson I said I had reason to believe that they were concealed in the packing case on the first floor. Wilson said, "If I was in the packing case I should have bits of wood on my coat." I looked at the back of his coat and said, "So there are." I told him to take off his coat. He struggled with me some little time, and then took off his coat. He picked off it a little bit of fluff and said, "This comes off the rug in the cell." I said, "Probably it did." Then I took another little bit off his coat and said, "Is that wood?" He said, "Yes, it is; I shall ask you to produce that at the police court to-morrow." I did produce it. There were other chips on the coat such as might have come from the inside of a packing case. Prisoners were searched: 9s. 9 1/2 d. was found on Wilson, 2 1/2 d. on Long, and 1/2 d. on Smith.
Police-constable EDWARD CLEMENTS , 30 GR. On November 19 at 9.30 I was on duty in Golden Lane. Inspector Evans gave me certain instructions. I saw all three prisoners outside No. 12, Bayer Street. They went into Hot Water Court together. I went round to the other side of Hot Water Court in Great Arthur Street and saw
Smith and Long walking towards me. I said, "Where are you going?" and they said they were going home. I said, "Where is the friend who was with you a short time ago?" They said I had made a mistake; they had no friend. I said, "You had better come back with me and see." As we got to the other end of the Court leading into Bayer Street, I saw prisoner Wilson detained by last witness. I said to Long, "That is the man you were with a short time ago." He said, "Yes; I have known him about three months by sight, not by name." Eventually they were taken to the police station.
Police-constable WILLIAM COLLING , 49 G. On November 19 about nine o'clock I was in the neighbourhood of Hot Water Court. I saw prisoner Long come out of the court into Bayer Street and go into Golden Lane. In consequence of what Inspector Evans told me I proceeded to Great Arthur Street, and so to Hot Water Court, where I saw all three prisoners detained by Inspector Evans and Constable Clements.
ALBERT SMITH (prisoner on oath). Long and I met two girls before this occurred, and we promised to meet them at the corner of Bayer Street, where they told us they worked. Going through Bayer Street we met Wilson, who said to us, "What are you doing down here?" I said we had just come from the theatre, where we had been to see the pictures. Walking through Bayer Street with Wilson we met the inspector. We came bank again and stood at the corner of Hot Water Court. In the court there was a young fellow and a girl standing up against the wall cuddling one another. When we got to the top of the court the constable stopped us and asked us what we were doing about there. We said we had been to meet two girls who had not turned up. He took us down through the court where we met the inspector and Wilson. The inspector said, "Do you know this man?" So Wilson said, "No." Then Long said, "Speak the truth, Wilson." Then the inspector searched us and found nothing on us. Then he called to the girl and the fellow, "Have you seen these people about here before?" They said "No." Then he said to the constable, "What do you think about it?" and the conatable said, "I think we had better take them to the station." The inspector said, "If we do we shall have to make a charge of it." With that they walked us to the station. As we were going along we met the 10 o'clock policeman, and the inspector said to one of the officers, "You hurry back to Bayer Street as soon as you can and see if any of the firms have been broken into." When we got to the station we were searched, and nothing was found on us. At 10 minutes to 12 we were charged with breaking and entering. I know no more about it than the gentlemen of the jury. I have asked the girls to attend here, but they would not come.
Cross-examined. We had only just come to Hot Water Court when the officer spoke to us. I had never been there before, and did not previously know of its existence. It was in Bayer Street we met Wilson. I do not know why he was there. He said he had come from seeing the pictures. I do not know where he lives, but I had seen
him before. I did not tell the police officer I was not with him. Wilson it my brother. It was an accident I met him on that night.
The other prisoners declined to give evidence, saying that they had nothing to add to what had been said by Smith.
Verdict, Not guilty.
There being no other indictment against Wilson, he was discharged.
Cohen pleaded guilty, and Mr. Purcell asked that Cohen should be dealt with at once, he having already been convicted on the other charge.
Detective-sergeant GEORGE WRIGHT said he could say nothing in Cohen's favour. He was one of a gang in East London who had been committing larcenies and shopbreaking for a considerable time past. In the beginning of the year he was arrested.
Mr. Forrest Fulton thought the matter should not be gone into if the present indictment was to be tried before the same jury.
The Clerk of the Court mentioned that another jury had been ordered to come to-morrow to try two other cases against these prisoners.
Mr. Purcell said that if his lordship proposed to pass sentence to-night he would ask him to remember that prisoner was a very young man with a wife and two children, and was very unlikely to be the serious criminal that Sergeant Wright was, no doubt, burning to make him out to be.
Detective-sergeant WRIGHT. He is the brainy member of the gang.
Judge Rentoul postponed the further hearing of details of Cohen's career, on the ground that it might prejudice the prisoners on his trial.
(Thursday, December 17.)
Smith and Long were now tried for the breaking and entering in the case of Welch, Warburton, and Co.
ALFRED WILLIAM STANDON , warehouseman, Welch, Warburton, and Co., 5, Red Lion Court, City. On November 12, 1908, at 6.55 p.m., I left the warehouse secure; the following morning at nine a.m. I found the front and inner doors had been broken into and 29 pieces of satin, 30 pieces of lining, 12 pieces of sheeting, and a cash box containing £2 17s. 4d. had been stolen. The total value is about £100; none of the property has been recovered.
GEORGE MILTON , carman, L. and S.W. Railway. On November 12, at about 6.30 to seven p.m.. I was collecting goods in Red Lion Court when I saw a small, covered van with a dark, bay pony and the three prisoners. Cohen was driving. Long and Smith were inside. I saw Smith jump off and try the lock of Richard Evans's, 8, Red Lion Court. He then shoved the van back to Welch, Warburton's, 5, Red Lion Court. My van was facing No. 8, about 3 ft. from the small
van. I was spoken to by someone and I saw the three prisoners round my tailboard. I shortly afterwards drove away. On November 27, at Bow Street, I picked out Long and Smith from a number of others. I am positive they were in the van.
To Smith. I saw you on November 12 in Red Lion Court—what drew my attention to you was your going up to the lock of No. 8 and trying it. I identify you by your bowler hat, tie, and overcoat. I had no suspicion of you at all, but it is not a usual thing for people to drive up to doors and try the locks. I did not know the warehouse had been broken into till afterwards. I never said that Cohen tried the lock—it was you—if it is on the deposition at the Police Court it is a mistake. (To Long.) I saw you inside the van when it drove up and I noticed you afterwards round the tailboard of my van. I was called in to identify you and Smith from about 12 men; I picked out Smith at once; then as I was going away I recognised you. I touched Smith; then the Inspector told me to have a proper look and I touched him again; then I came back along the rank and identified you; that was on November 27. I picked you out of the rank again on December 4; I did not touch you the first time because you held your head up; then as I turned to the step I recognised you sideways. The van was open in the front only, with two sheets hanging behind, and I saw Long from the front.
To Long. The van is about 5 ft. wide or over. Cohen and Smith were in front—you were behind.
Re-examined. I saw Long again when my attention was directed to my van by a Great Northern carman. I saw him drive up at about 6.30 and again at three minutes to seven p.m.
WILLIAM PEARCE , carman, G.N.R. On November 12 at 6.30 p.m. I was in Red Lion Court and saw a small covered van with dark bay pony. At about five to seven my attention was directed to Milton's van and I spoke to him. Milton came out. I saw two men there; one was Smith; I cannot swear to the other. I drove away at about 7.5 or 7.10 p.m. A few days afterwards I had a communication from the police and picked Smith out from a dozen men at Old Street. I am positive he was there.
To Smith. Yon were smartly dressed—I should say you had your present clothes on without the handkerchief. I was suspicious of you. I did not know the warehouse had been broken into. I cannot say how the police came to me—I am not paid in any shape or form.
Police-constable WILLIAM MILES , 675 City. On November 12 at about 7.40 p.m., I saw the door of 5, Red Lion Court, had been forced; the padlock was forced off the street door and the end door on the ground floor was forced. There were marks on the door which might have been made by jemmy produced.
Detective FRANCIS GOWER , City Police. On December 1 I received jemmy produced from Inspector Evans of the Metropolitan Police. I went to 8, Red Lion Court and found marks on the door post corresponding with the wide end of the jemmy, which is very unusual in shape. At No. 5 there was a mark which corresponded with the narrow end of the jemmy, and two deep dents corresponding with the wide
end. Cohen lives at 4, Girland Road, the same address as Smith. I have frequently seen all three prisoners together; I have followed then for three or four months in consequence of complaints.
To Smith. I said at Old Street Police Court that I had not seen you with Long and Cohen in a van—I did not say I had not seen you together. I have frequently seen you in the neighbourhood of Bethnal Green, where I was sent to follow you. I said I had not seen you in the street. (To the Judge). I have seen the three prisoners together during July, August, and September almost daily. Smith lives in the same house with Cohen. I was following them and a man who has had 12 months. (To Smith.) I have your name in my book as "Bert Smith," with Chefferel's, who has had 12 months. (Book produced.) (To Long.) Milton identified you on November 27 as you were leaving the rank he said, "That is the other man"; then on December 5 he picked you out with Cohen and Smith from 12 others. I did not pick you or Smith out from the rank, as I did not go there for the purpose of identifying you.
Statement of Smith before the Magistrate. "On November 12 I was at home. I came out at 7.15 or 7.30 with my wife to the" Cornwall's Head "in Bethnal Green. I went then to Brick Lane, to my sister's; I stayed there till 11.30, walked to Bethnal Green and got on the Old Ford 'bus. I was home by quarter to 12. I never wear us overcoat on a week day. I only put it on on Sundays; at the time I had a cap and handkerchief, but not a collar."
HENRY COHEN (prisoner, called by Smith). I have pleaded guilty of this offence. I committed it entirely by myself. I had the van and no one to help me at all. Smith was not with me when the place was broken into.
Cross-examined. I broke into the place the same as anybody else, I suppose. I got in. All I know is I was there by myself. All I wish to say is I was there by myself. I did not use the jemmy produced. I do not know that the marks correspond with it, or that it was found at 12, Bear Street, by Inspector Evans. I carried out 29 pieces of satin, 30 pieces of lining, 12 pieces of sheeting, and the cash-box by myself, put them all in a van and drove away. If Milton said he saw me with two others in the van he may have made a mistake—he must have done.
GEORGE LONG (prisoner, on oath). When I was charged with this robbery at Old Street they brought five men in there to identify us and they put me, Smith, and a man named Wilson among nine other men to be identified. The first man came in and never identified anybody at all; the next man came in and identified Smith, and no one else; the third man came in, he never identified anyone; the fourth man did identify Smith; and the officer came in who is supposed to say he had seen us together—surely he must have come to identify or else the inspector would not have called the name—and he said to the inspector. "There is no one there whatever that I know." When we
walked away of course they put me with Smith and charged me with him, and I was not identified at all. When Mr. Muskett asked for a remand the inspector said, "Fall out, you three men; and of course the men who came to identify saw us fall out and knew that I was charged with Smith. and so one of them identified me the next time. I said to Mr. Biron, "I have not been identified—how can they charge me with Smith?" The officer said I was not identified in the rank, but that I was identified out of the rank—I knew nothing about it till the following week.
Cross-examined. I was not with Smith and Cohen on November 12. I do not know them—I know Smith from playing billiards with him at the public-house; he has never visited me or I him; I do not know that he lives with Cohen. I have not been seen with Cohen during the last three months; I have been with Smith once or twice—not frequently. It is a lie to say I was inside the van or round Milton's tailboard. I could not tell you where I was on November 12—may be at home. I was charged on November 20. I cannot recollect where I was on November 12; I go to playhouses; I get all over the shop; I cannot say where I was.
Mrs. SMITH, wife of prisoner Smith. On November 12 Smith was at home with me till 7 to 7.30 p.m., when we went together to his sister's in Brick Lane and stayed there till just after 11; we then caught a 'bus at the top of Brick Lane and got home about 12.15.
Cross-examined. I know it was Thursday, November 12, because we had a special appointment to go to his sister's. I looked at the date on the calendar. We lived then at 4, Girland Road; Cohen was our landlord. I was at home all that day. Smith was with me all day except that he went out for about an hour or so. I do not know exactly how long.
LONG (to the jury). I know nothing about this affair whatever. I have not been identified. Five men came to identify and not one identified me. The officer who says he knows me said he did not know me.
SMITH (to the jury). Yesterday we were charged with the first offence and were acquitted. The same tool that was used for one was used for the other. I am totally innocent.
Verdict, both Guilty.
Smith confessed to having been convicted of felony on January 6, 1901. Long confessed to having been convicted on May 7, 1901, at North London Sessions, when he was bound over for burglary; several short sentences for drunkenness, assault, and as a suspected person were proved.
Long, Smith, and Cohen were stated to be members of a gang of warehouse breakers, Cohen being connected with some of the best known receivers in the East End and acting as the master mind in the robberies. A loaded revolver was found on Cohen when arrested. Sonkin was stated to have a small business.
Sentence. Cohen, Smith, and Long, each three years' penal servitude. Sonkin and Shepherd were released on their own recognisances in £5 to come up for judgment if called upon.
The Sitting Magistrate on committal and also the Grand Jury highly commended the conduct of the police in this case. Judge Rentoul, in agreeing with that recommendation, said: "The reason that I do not commend the conduct of the police in very many cases in this Court is that I do not like to make exceptions, because I am struck with the vigilance of the police and their skill in almost every case that comes before me. I certainly agree in what has been said by the learned Magistrate and the Grand Jury.
BEFORE JUDGE RENTOUL.
(Thursday, December 17.)
Mr. G. Tully-Christie prosecuted; Mr. F.J. Egerton-Warburton defended.
CHARLES WILLES BATES , Mill Farm, Wepslate, Dunstable. On October 23, 1908, I was in Smithfield Market talking with a man when prisoner joined us and asked did I want to buy a horse. I said I was in want of one. He said, "I have got one outside; we will go and look at it." I went down St. Peter's Lane. Prisoner asked me to have a drink, which we did, and we went out to look at the horse, which was there. He asked £10. I bought the horse for £7 10s., pulled out a bag containing £23, paid prisoner for the horse, £7 10s., and put the bag into my pocket. The other man then got behind me and held me from the back while the prisoner took the bag from my pocket. They then took the cloth off the horse and rushed off. Prisoner was wearing the overcoat he now wears. I gave information and identified prisoner at the police station when he was not wearing the coat.
Cross-examined. This took place between 12 and 1 p.m. There were not many people about. Prisoner came up five or 10 minutes after I saw the first man. I am a farmer not an experienced horse dealer; I have not bought a horse before. The prisoner did the bargain as if he owned the horse and I paid him the £7 10s.
Re-examined. The first man introduced the prisoner to me as his brother.
Sergeant HENRY GARRARD , G Division. I received a description and on December 1, at 3.30 p.m., I saw prisoner in Edgware Road and told him he would be charged with the robbery. He said, "All right, you will have to prove it." At the time of his arrest he was dressed as he is now. He was put up for identification with 12 other men—he refused to put his long overcoat on, but the prosecutor identified him.
Prisoner's statement before the magistrate: I plead not guilty to the robbery; I plead guilty to selling the horse.
FREDERICK WRIGHT (prisoner, on oath). I remember this, transaction. I was leading this horse down to the Meat Market. It was my horse. I was going to sell it to a meat carrier named Long. A man came along and I asked him if he would mind holding it for me. He said he could not. He then asked if the horse was for sale. I said, "Yes." He asked how much I wanted for it and said, "I have got to meet a friend at the sale, I will bring him down to have a look at it if you are not going away." With that he brought the prosecutor, who asked me how much I wanted for it. I told him £25. We had a talk and I asked him to have a drink, which he came and had. He said, "Now, what is the lowest for the horse?" I said, "The lowest price I will take is £23." He said, "Very good, I will have it. Will you give me a receipt?" I said, "I cannot write," and asked the other man if he would make out a receipt for me. The other man was not my brother—he was a perfect stranger to me. Prosecutor gave me the money, £22 10s. in gold and 10s. in silver. Then I delivered him the horse; we shook hands and away he went with the horse. I know nothing whatsoever more of the transaction.
Cross-examined. I suppose prosecutor was not satisfied after he bought my horse and he thought he would press some charge against me. It was a month or six weeks afterwards when I was arrested. When put up for identification I had just come out of the cells; I never had a chance to put my overcoat on. I walked away from prosecutor the same as any man would do. I sold the horse myself—it was my property. I bought it for 19 guineas at an outdoor sale at Southall; it had not been sold at the auction and I bought it off the man privately. I do not know the man I bought it of—I have no witnesses to the sale. I stabled it at Brooksby Mews—there are several people in the yard who put a horse up for me for a trifle. (To the Jury) I never had a receipt for the 19 guineas. When you go to these sales and buy horses outside you do not have a receipt.
Prisoner confessed to having been convicted at North London on February 25, 1908, when he was bound over for being concerned in obtaining £2 by a trick.
Sentence, Eighteen month's hard labour.
Mr. Coumbe. prosecuted; Mr. Burnie and Mr. Egerton-Warburton defended.
ALEXANDER WILLIAM JOHN SUTHERLAND , 169, Farringdon Road Buildings, commission agent. On October 14 last, about half-past 10 to 11 p.m., I was with others in "The Grapes" public-house. Prisoner came in; I asked him to have a drink; and he punched one Driscoll✗, who punched him back. I said, "Don't have a row inside; come outside." When we got outside we were talking about fighting and prisoner punched me on the jaw. I went down on my knees and
was just getting up when I felt another punch and saw Lee's hand coming away from my back, and felt something warm running down me, and somebody said, "Stop that. Jack!" I began to run towards the public-house and a man pulled a knife out of my back. I entered the public-house and got a jug. Lee was running away. I caught him and struck him over the head with the jug, which broke, wounding his face. I had seen Lee handling the knife when in the public-house. I saw the knife in his hand immediately before the dispute occurred. I was taken to the Charing Cross Hospital, where I remained four weeks and a day. I had previously known the prisoner.
Cross-examined. I am a turf commission agent and sometimes back horses. That was my only occupation at the time of assault. I have been several times in trouble. I have had 18 months for stealing. A few weeks ago I was charged with being drunk and disorderly. I am not "the terror of the West End." The discussion in the public-house had no reference to any crime. I did not kick at prisoner. I did some boxing some years ago. When I got outside I did not strike prisoner with something sharp under the eye. He was not knocked down. I know that the prisoner was struck and kicked outside the hospital. I did not make any charge against him. The police came to me about three weeks afterwards. I had a discussion with the witness Sullivan because he asked people to say different things in prisoner's favour.
Re-examined. I got the jug because I had been stabbed and was afraid Lee was about to stab me again.
JOSEPH BLAND , billiard-marker, 3, Bateman Street, Soho. On October 14 I was in "The Grapes" public-house drinking with five or six others. Lee was there and Sutherland. Suddenly there was an argument; nothing to do with me. We went outside. There were a few more words outside and Lee struck Sutherland in the face. He reeled, pulled himself together and said, "All right." I tried to stop the row, I looked round for somebody else to stop it. Then I saw Sutherland getting up from a stooping position and as he stood upright I saw a knife sticking in his back. On impulse I pulled it out. I had had one or two drinks, but was sober.
Cross-examined. After the stabbing I saw Sutherland going in the direction which I believe Lee took. As I turned round into Shaftesbury Avenue I heard a crash, and I saw Lee crossing the road with his face streaming with blood; and I caught hold of him.
JOHN SULLIVAN , printer, 15, Seaton Street. On the night of October 14 I was having a drink with Sutherland in "The Grapes." Lee came in afterwards. Lee flicked on the ear with his fingers a man named Driscoll. Driscoll struck Lee, knocking him down against the wall. I left. They followed me out and I walked away. Next I saw Lee running past me in the street, Sullivan behind him with a jug in his hand. Two or three hours before I had seen Lee with a knife in the public-house. I found Sutherland in Shaftesbury Avenue and took him to the hospital.
Cross-examined. Lee had been cutting tobacco.
Mrs. ELIZABETH FORT , 6, George Street, Soho. About 11 p.m. on October 14 I was looking out of my window. A lamp faces my house and there is another 30 yards away towards "The Grapes" public-house. I saw some men come out of "The Grapes" and start to quarrel. A tall man knocked down a short one, and struck him in the back as he got up. The short man went into the public-house and came out with something white in his hand, and ran after the man who had struck him. I saw no more. I should say the short man was Sutherland, whom I had known only as frequenting the street where I live. I do not know Lee.
Cross-examined. Before the magistrate I mentioned only one blow received by Sutherland. I have not spoken to Sutherland about my evidence. I have to be in his company.
WILLIAM STEPHEN FENWICK , house surgeon at the Charing Cross Hospital. Sutherland had a wound three-quarters of an inch in length on the left-hand side of the back, at the vertebral border of the shoulder-blade bone, over the fifth rib. The wound went downwards and inwards for a depth of from 3 to 3 1/2 inches. Symptoms developed which proved that the instrument used had penetrated the pleural cavity and the lung itself, blood having collected in the cavity. About two days after the injury he commenced to spit blood. I concluded that the instrument had possibly been used by someone striking in a downward and forward direction, undoubtedly with a knife.
At this stage the prisoner pleaded guilty of unlawfully wounding, and a verdict was returned accordingly.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE THE RECORDER
(Wednesday, December 9.)
OWENS, George William (31, labourer) pleaded guilty ; of breaking and entering the dwelling house of George Augustus Paul and stealing therein nine gold chains, 11 gold watches and other articles, his goods; breaking and entering the dwelling house of Thomas Henry Harris and stealing therein one overcoat, one jacket, and other articles, and the sum of £10 in money, his goods and moneys.
Prisoner on August 26, 1893, was sent to the ss. "Cornwall" Reformatory. Since his release he had been in regular employment, but during the past year had been associated with burglars. He had been highly commended for acts of gallantry in saving life at sea.
Sentence, 18 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, December 9.)
Mr. Stephen Lynch prosecuted.
LEONARD HENRY WALDEN , assistant clerk, West Ham Police Court. On August 26, prisoner was summoned to appear for non-payment of the general district rate of 3s. 9d., and the poor rate, 4s. 11d., levied by the county borough of West Ham, in respect of premises at 13, Cullum Street, Stratford. The summons came on for hearing before the stipendiary on September 3 and was adjourned to September 10. Mr. Hobbs, the rate collector, then gave evidence. Prisoner, having been duly sworn by me, said: "Until four weeks ago I was residing at 15, Cullum Street. I occupied one room for 2s. a week. I paid Mrs. Kemp. She was the occupier of half the house. I never entered into an agreement to pay rent to anybody except Mrs. Kemp."
GEORGE JOHN HOBBS , assistant overseer and rate collector. On May 27 I attended at 13, Cullum Street, for the purpose of serving my demand note. I attempted to serve it on Mrs. Kemp, the person last named as occupier of the flat. She was on the premises, but had ceased to rent direct from the landlord. I attended at the same premises on July 27 with a demand note in the name of the prisoner in respect of the lower portion of the premises. I left the demand note with a person on the premises. Prisoner called at the office on August 12 and voluntarily made this statement, "I only rent a portion of the tenement in question from the landlord, for which I pay 2s. per week, and Mrs. Kemp was also a tenant under the landlord at a similar rent." He had the demand note with him. He did not describe which portion was his and which Mrs. Kemp's. I amended the demand note in accordance with prisoner's statement and delivered the amended demand note on August 13. As the money was not paid I caused a summons to be issued on August 26, returnable September 3. There was then an adjournment to September 10.
The COMMON SERJEANT I cannot go on without the summons. Prisoner is undefended; we must look after him.
Mr. LYNCH. White, have you got the summons which was served upon you?
The COMMON SERJEANT. That will not do; you cannot ask the prisoner.
Mr. LYNCH. The original is at the police court.
The COMMON SERJEANT. I have got no proof of any summons; and if you have not any proof of it we will end the case now instead of ending the case two hours later.
Mr. LYNCH. I cannot prove the service.
The COMMON SERJEANT. It is not the service; it is the summons itself I want to see.
Mr. LYNCH. I have not got that here; of course, we can get it.
The COMMON SERJEANT. It is not worth while going on any longer if you have not got it. I shall not adjourn the case if you have not got it here. (To the jury.) There is no evidence before you on which you can convict this man. You will say that he is not guilty.
A verdict of Not guilty was returned.
The COMMON SERJEANT. Is this case conducted by the police? Mr. LYNCH. By direction of the overseers.
The COMMON SERJEANT. I suppose they have a solicitor.
Mr. LYNCH. Yes.
The COMMON SERJEANT. The case ought to have been much better prepared.
Mr. LYNCH. The amount is very, very small.
The COMMON SERJEANT. My experience at the bar was that cases of perjury have to be got up very carefully. Certain formalities are required under the law.
BEFORE JUDGE RENTOUL.
(Friday, December 11.)
SIMPSON. Frederick (40, confectioner), and GREENWOOD, Leonard (25, builder) ; Simpson unlawfully and with intent to defraud his creditors making a delivery and transfer of his property to Greenwood; Greenwood aiding and abetting Simpson to commit the said misdemeanour; Simpson unlawfully and with intent to defraud his creditors making a delivery and transfer of his property to John Downes; Greenwood aiding and abetting Simpson to commit the said misdemeanour.
Mr. Bodkin and Mr. Leycester prosecuted; Mr. Mellor appeared for Simpson; Mr. Hastings and Mr. Symmons for Greenwood.
GEORGE INGLIS BOYLE , messenger London Bankruptcy Court. I produce file in the bankruptcy of Simpson. The unsecured creditors' claims appear as £1,072 12s. 3d. and the assets £10 14s. 2d. There is no cash in hand or at banker's, or stock in trade, trade fixtures, or book debts. The £10 4s. 2d. is the difference between the estimated value of a security and the amount for which it was mortgaged. The total deficiency is £1,061 18s. 1d. All the unsecured creditors, 87 in number, claimed for goods supplied. In the list of creditors fully secured was a lease of 203, High Street, Walthamstow, pledged to London and South-Western Bank for £30; estimated value, £30; also debtor's life policy, pledged to the Prudential Insurance Company for £56 5s. 10d.; estimated value, £67; leaving a surplus of £10 14s. 2d. Debtor described himself as a confectioner, carrying on business at 204 and 222, High Street, Walthamstow. I produce transcripts of the public examination of Simpson and the private examination of Greenwood. I do not think that notes of private examinations are ever signed by witnesses.
Cross-examined. The largest amount in the list of unsecured creditors appears to be for £74.
Cross-examined. In private examinations the practice is not to lead over the evidence to witness. I have no doubt at all about the correctness of the transcript.
WALTER BOURDON , clerk to Timbrell and Deighton, solicitors. I served Simpson with writ claiming £62 1s. 11d. on behalf of Jenner. Morton and Goddard. The case was defended, and judgment obtained under Order XIV. on March 25, 1907.
Cross-examined. The only defence was the entry of an appearance. Goods were delivered by plaintiffs till the end of January, 1907.
HENRY DAVIS , clerk to the Manufacturing Confectioners' Alliance. In April, 1907, I called on Simpson at his factory, with a writ on behalf of Ellis and Co., and suggested that be should make an offer of £10 a month. He said he had disposed of the business. He followed me outside and said, "The creditors cannot get a halfpenny." I served him again with another writ, for £22 16s. 7d. He did not say anything.
(Extracts read from transcript of notes, Simpson's public examination. Mr. Hastings objecting; also from private examination of Greenwood, Mr. Mellor objecting.)
ARTHUR ROBERTS , an examiner to the Official Receiver in Bank ruptcy. I investigated the bankruptcy of Simpson. I produce the file. The preliminary examination, not on oath, was on May 6, 1907. Each separate sheet produced was signed by the bankrupt. (Mr. Hastings objected to the document. Extracts read.)
(Saturday, December 12.)
ARTHUR ROBERTS , further examined. I produce notes of preliminary examination of Simpson, signed by him. Simpson never produced any documents showing how he had become indebted to Greenwood, and I could not find in the books any evidence of such indebtedness. I think he suggested that he had at his office bills or other documents in reference to this matter, but I have never seen any. The assignment to Greenwood was not produced. Greenwood promised to produce it, but did not do so. I first saw it at the hearing in the police court on November 21. This is the assignment dated March 13. It sets out the lease from the landlord to Simpson, and purports, in consideration of £194, to assign to Greenwood the land and premises demised in the lease, the use of the fixtures, the business of a manufacturing confectioner. with stock-in-trade, book debts. horses, vans, trap, harness, etc. Greenwood covenants to pay the rent and perform the conditions of the lease, but is not to be liable for the debts of the business. By an order of Mr. Justice Bingham this transfer was declared fraudulent and void. The Official Receiver eventually sold the business and the assets, which realised at auction a gross sum of £74 5s. Information was extracted with some difficulty from Simpson.
Cross-examined by Mr. Mellor. The body of the "Notes on private examination" is in my writing. Certain of the answers were given by Simpson in the Realisation Department before he saw me. They were written for him. (Extracts read.) Simpson did not attempt to conceal the fact that he had assigned the business. On his public examination Simpson was not represented by anybody.
To Mr. Hastings. I do not know that the lease contained a covenant to expend £400 on building.
Re-examined. The lease was pledged to the South-Western Bank for £30. Mr. Justice Bingham's order declared the assignment a fraudulent transfer, an act of bankruptcy, void as against the trustee and fraudulent as against the creditors. There has been no appeal against the order.
BENJAMIN ARTHUR NORMAN , estate agent, Walthamstow. Under instructions from the Official Receiver I sold by auction the assets of Simpson's business. A few days before the sale Simpson called on me and suggested buying all the effects privately for about £30 and paying the rent of the premises, £12 10s. I said that the lowest we could take would be £40 if he paid the rent. On August 6, before the sale, he handed me £35. I refused the offer, and returned the money. Defendant was present before the sale began, and told me he would try to buy a few lots in the name of one Fraser. Both Fraser and Simpson were bidders, and their purchases were entered in the name of Fraser. The full amount realised was £74 5s., of which £37 16s. was in the name of Fraser.
Cross-examined. We wrote to Simpson in the attempt to sell by private treaty. I reported my interview with Simpson to the Official Receiver, who instructed me to return the money.
GEORGE PURNELL , foreman porter to previous witness. Shortly before the sale on August 11, Simpson told me that he thought he would buy a few lots in the name of Fraser. Deposits on lots purchased were paid by Simpson and Fraser, and on August 13 Simpson paid me the balance due, £37 7s.
CHARLES WILLIAM FAIRBAIRN , clerk to the Official Receiver. On May 3, 1907, Simpson told me at 203, High Street, Walthamstow, that he had sold his business to Greenwood, that the purchase price had been expended, that he had no cash in hand, and no estate, and that he was acting as manager of the business;
EDWIN HEYMUS WHARTON , inspector, London Bankruptcy Court. On June 23, 1908, I went to 203, High Street, Walthamstow, and saw the name of Downes over the door. Subsequently I saw Downes there and served him with a summons. On June 24 Simpson told me he was managing the business for Downes, who did not live on the premises. When I went to subpoena Downes, Simpson had arranged for Downes to be present. I paid three visits to the premises. Downes told me he had purchased the business for £100 from Greenwood.
years and Greenwood for about two or three years. About March of this year Simpson asked me whether I would lend my name for his business, as he had a creditor pressing him. The matter had been mentioned previously and I had thought it over. My name was to be put over the door. I said, if it would help him as a friend, I had no objection to doing it, if it would not implicate me in any way. Simpson and I arranged that we should meet at the office of Mr. Robinson, solicitor, Bow, to transfer the business. I did not know Mr. Robinson and had not any money to hand over for the business. One hundred pounds was to be paid to Mr. Robinson to transfer the business from Greenwood to me. Before I reached Mr. Robinson's office nothing was said of how I was to get the £100, nor did I see Greenwood in connection with the matter. I went alone to Bow about the end of March last, and, after waiting a few minutes, met Simpson at the station, where Simpson handed me some money in a bag saying, "Here you are." I said, "All right." I did not sec the money and do not know the amount. Outside the gates at Mr. Robinson's office we met Greenwood, who handed me some money in another bag. I do not know the amount. Greenwood and I entered the office and saw Mr. Robinson. An agreement was produced, read over by Mr. Robinson's clerk, signed by Greenwood and me, and witnessed by Mr. Robinson. Simpson was outside. This is the agreement. The two bags of money were handed to Mr. Robinson, who counted it. I think it was all in gold. I do not know what became of the money. I did not know that Simpson was then a bankrupt. I do not know anything about the business. I suppose Simpson carried it on. I do not know who painted my name over the warehouse. I do not know who is now carrying on the business.
Cross-examined. The bankruptcy officials were the first persons to whom I mentioned my conversation with Simpson about taking over the business. Mr. Robinson had no reason to suppose that the transaction was not a real sale.
To Mr. Hastings. I did not think there was anything wrong about the transaction. I knew that the business had been sold to Greenwood, but I cannot remember Simpson telling me he wished to purchase it for his wife through me. I cannot remember whether I met Greenwood at the Bow Station or at the office.
Re-examined. Until to-day it has never been suggested to me that I was acting on behalf of Mrs. Simpson.
(Monday, December 14.)
Mr. Hastings submitted, on behalf of Greenwood, that there was no case to go to the Jury; although Greenwood might have been guilty of a contravention of the bankruptcy laws, his act was not criminal.
Judge Rentoul said that the case must go to the Jury.
FREDERICK SIMPSON (prisoner, on oath). I began my confectionery business first as a retail confectioner at 222, High Street, Walthamstow. I then opened a retail shop at 204, High Street, and carried on an extensive business, having contracts with the District Council and catering for the Barracks and Public Baths, and, in fact, the general catering for the town. In 1903 I took 203, High Street. I started making alterations in the manufacturing part. The premises consisted of four old cottages that had been condemned by the District Council, and also an old stable, but there was a large quantity of ground there. The alterations consisted of building a van shed, a six-stall stable, re-roofing, putting in a partition, cementing the drains, putting in a manhole, and arranging the usual offices. Then there was what we call the cream room or boiling room. The threestall stable was re-roofed and re-built, and several other small jobs. Greenwood did the overseeing. It was first agreed he should work at a salary of £2 a week, and I was to overlook the work. I found it rather tedious doing my own business and being there as well, so it was arranged that he should take the work over entirely. I arranged with him about what price it would come to. He told me about £300, and I was to find the money for this work. He told me if he took the entire job on he would require more profits and a certain amount of commission at the end. I asked another builder in Walthamstow what he thought of the work. I then arranged with Greenwood that he would leave over £100, as I was not in a position to pay it all there and then, which he agreed to. I paid him small amounts as he went on, and found the materials. He was then living in the Erskine Road at his father. He was also doing repairs for his father. The job took, I think, about nine or 10 months. Stuart was originally my boiler, and he did some part of the work on that job. The arrangement to transfer the 203 business to Greenwood was come to about the end of January, 1907. At that time I had not been served with any writs. I never had but two in my life, and those were summonses. None of my bills came back. I was still carrying on my shops at 222 and 204 I only transferred the manufacturing part of my shops to Greenwood. I did not at first consult a solicitor. I put the matter in a solicitor a hands on February 18. The date of this letter (produced) is February 19, 1907, the day after I had seen Mr. Robinson, the solicitor. At that time Mr. Robinson was requiring to know what the details of the tenancy were. There was some delay owing to the landlord being out of town. I ultimately received this document, dated March 4, which is the license by the landlord of the premises to me to assign the lease. On March 13 I executed an assignment to Greenwood in respect of the £194. I received £94, which was the cash part of the transaction. The money had not been in any way provided by me. I retained it and used it myself. I can pretty well tell you how it was spent. £30 was paid for rates and taxes, and £6 or £6 10s. to Mr.
Robinson. and I think £2 12s. I had to pay for a suit of clothes. I paid £2 10s. for rent of my private house, and £12 10s. to pay the warehouse rent. There were more items which I cannot call to mind. For 204. High Street I had to pay out £15 or £20. That was between March 13 and when the receiving order was made in May. On March 8 the first writ was served on me. The name of Greenwood was put up over the manufacturing premises after the assignment to Greenwood. In my preliminary examination on May 6 I said. "About two months ago the business finally ceased as far as I was concerned. I sold stock, fixtures, goodwill, and book debts of No. 203 to Mrs. Greenwood for £194. £100 went off contra account. I received £94.... The first estimate came out at about £320." That was subsequently corrected by what is called "Note of the Preliminary Examination," which I made. In October before the public examination I brought out the figures as stock £70, book debts £30. fixtures and machinery £30, and other items making £170. The two figures of £170 and £320 were worked out on different bases. £320 was the price I first spoke about and when it came to arranging the price I might mention that £320 was the gross price. What I mean by that is this: the stock was then reduced and I had got £150. and I told him exactly what the selling price was That would be the gross price—the price which I should sell to the shops for them to sell again—which should form practically the gross price. On the machinery I explained to Greenwood it was the price I paid for it and I had had it in use for some years. Also on the horses and vans there was depreciation. The corrected figure of £170 was in my opinion the fair value for what I assigned to Greenwood. I remained in the business first as manager and afterwards as traveller. Greenwood was there at times, and I was to some extent manager as well. I drew £2 a week. I was publicly examined in October, 1907, I think. I had no idea that the creditors had passed a resolution that this transaction should be attacked, nor to my knowledge from May 6 to June the following year, the date of the prosecution before Mr. Justice Bigham. were any proceedings taken against me or Greenwood to attack it. In regard to Davit's transaction, Greenwood was desirous of disposing of the business and asked me if I could find a purchaser. I talked it over with my wife, and arranged partly with her. She said she thought we could find the money in a few days, and I spoke to Mr. Davis about it. I explained to him, as he already well knew. that I was a bankrupt and that it was impossible for me to take it but would he take it over on behalf of my wife. He said he would—the £100 paid to Greenwood was not my money. My wife had £30 in the P.O. Savings Bank, my sister lent her £40. £17 or £16 we had in the house, and on the last day we had not sufficient by £13 or £14. so I again went to my sister on her behalf, and she gave me another cheque for £13 or £14 with which to complete the purchase. These are the cheques (produced). "E. Simpson" is my sister. When the money was paid to Greenwood I was not there. I handed it to Mr. Davis to pay over to Greenwood. I never received any part of it
back again after it went to Greenwood. Shortly after that the trial came on before Mr. Justice Bigham. I was no party to these proceedings, and I was not called as a witness. The transaction was set aside in 1906, and the Receiver proceeded to realise the property. I received a letter from the auctioneers asking if I could find a purchaser. The assets, which were subsequently sold by auction when my brother and I were present, were exactly the same as those taken over from Greenwood by Davis, and they have been sold for the benefit of my creditors. My brother bought them on my wife's behalf, and I think I bid for two old relics that had been in the family for years. It was arranged that I should for a time stop there as manager and put him in the way of the business, and he had arranged to dissolve partnership with his brother. I might mention that in a manufacturing confectionery business there is a difficulty often to sell, and we might approach many people before they would take it on, and besides that there was a clause in the lease that a building should be put up at at least £400, and I found that a flaw✗ in attempting to sell it to a stranger. At that time he was engaged to my daughter.
To Mr. Hastings. In March, 1907, I had certain creditors, and at that time Greenwood had married my daughter and was living at 222, High Street. He did not know of my having creditors. I was not in the habit of telling my own family any of my private affairs. I had not told him anything about the agreement. Greenwood paid every cheque for the business from March, 1907, onwards. He paid all the accounts to the customers of the business. I believe in March, 1907, he was in partnership with his brother. He intimated to his brother that he was going to dissolve partnership with him, and it was arranged that I should become manager of the business, and he ultimately became manager.
Cross-examined by Mr. Leycester. We have no business now. It was closed then through these proceedings a week or ten days ago. He has had nothing to do with the business since March of this year. He ceased when it was closed. He is in the cabinetmaking trade, I believe now, and I believe was in March. I cannot tell you exactly how long he was in the cabinet trade. He was carrying it on at the same time as the confectionery trade and the building trade. I do not know whether he continued to carry it on in March, 1907. I know he was carrying on the cabinet trade. In April, 1907, Mr. Davis called on me with a writ on behalf of Ellis and Co. I was at the office of the warehouse, Greenwood was not there as far as my memory goes. Davis may have said he wanted to speak to me privately. I may have said, "I have no secrets from this gentleman," or "from these gentlemen." Greenwood was not one of them, as far as I know. I have no recollection of making that remark. I told Davis I had sold the business. I cannot say that I told him the creditors would not get a halfpenny. What I said was I was not in a position to pay them a halfpenny at that time. He must have misunderstood me. In regard to the building work done by Greenwood, it was when I took the premises over in 1903 and 1904. If I said
originally 1901, it possibly may be so; but I think the year is a mistake. If I said in my examination 1902 that is a mistake also. I had not the premises before 1903 or 1904. The chief of the out-ofpocket expenses were provided by me, except perhaps small amounts by Greenwood. He gave me an account of what he charged, which was put amongst the papers that were filed in the usual way. I cannot tell what has become of it. I was unable to find it. I looked for it on several occasions when the Court asked me to produce it. I am not sure that I looked for it in March, 1907, when transferring the business. I am not sure that I wanted to get it receipted. His accounts would be shop accounts that would be paid over. I had one or two accounts from him. I think it was over £100 really, to be precise; but it was agreed at £100 afterwards; £100 was the settled agreement. The amount was sent in for, I think, £120 after the work was finished. That would be about June, 1904, and I complained then about the amount, and it was let stand over, but ultimately we arrived at that amount, which should be £100—that he should waive the £20 out of it—which arrangement was come to at a later date, perhaps about the next year, when the money had been standing over some time. If I could get the matter settled up he was willing to take £100. The matter was completely settled when the business was sold in 1907. He had asked me on several occasions for it, but he never issued a writ or a summons for it. He had written to me two or three times. At the time the work was being done in 1903 my business was in prosperous condition. Of course, financially, I was not very strong and it was arranged from the commencement that any amounts should stand over as I was not in a position then to settle up. I was trusting on my father's business to do so. I did not know whether there was any capital in his business. He never found the money. I found the money for the materials. About £60 of the £100 represented his profit, and £40 was due to him for wages. He wanted £80 for his profit. There are bills for materials supplied on the job or part of the materials which I paid for. There is no document showing what I owed to Greenwood, and I have not seen any books or time sheets to show that he had done the work. I did not realise that at the time I transferred my business to him. It is not the fact, as I said in my preliminary examination, that the business was insolvent in 1904. I said, I think, in 1905 the business was insolvent, or 1904, as the case may be—I am not sure about the year. What I meant in my examination was, if the creditors had asked me for all the money owing to them I should not have been in a position to pay them, but apart from that my business was going on. If my stock and things had been realised it would have paid them all. At the end of 1906 I might mention that the creditors, Messrs. Jenner, Martin, and Co., I had spoken to, or rather, their traveller, and had invited their auditors to come down and go through the books and my stock, and they came down and arranged they should do it the following Christmas and not then. I cannot tell you exactly when my business first became insolvent. As I have already explained, I never took stock, and, as far as I knew (I kept going on) in 1905 I could have paid off
in full. If I told Mr. Robinson "the business had been conducted at a low since 1905" that is wrong. It would be in 1907 that I realised that I could not pay my creditors in full. I do not remember being asked about it in my public examination. What I said in my public examination in answer to a question referring to the writ served on me on March 8, "Had you other writs? (A.) Several other writs" is accurate. I sold the manufacturing part of my business to my son-in-law, but my retail shops I retained with the idea of carrying on my catering. I was asked about 400 questions on that occasion, and it was impossible to answer everything right. I did not understand at the time the question, "Was it in consequence of these proceedings and your financial position generally that you transferred the business to your prospective son-in-law?" What I had left was the catering business opposite, in which my brother had promised to finance me to the extent of £100; but when he found the difficulties I was in he said it would be advisable not to do so. I was in hopes of paying my creditors from the increase of my retail business and catering business, and I would have been able to pay something off the amounts if I had been allowed to go on then. They never took over my retail business. The catering business I had more out of than the manufacturing part. The figures put down were my own figures. I might mention that at the time these inquiries were made I was questioned on these things. Also during my examination I was in pain, owing to getting my hand in the electric company's nut cutting machinery, and one of my nails was torn off. There is some acuteness of pain still. I did the best I could under the circumstances. The figure I put for the value of the machinery—£90—was a correct figure. I had had three years' wear out of it. The depreciation on it when sold to Greenwood would be about £30. The van was all to pieces—it was sold at public auction for 5s. Two vans are still in use—and a trap. I forget what they fetched. If it was £50 it would be the ordinary price for valuation. The book debts amounted to £30. The worth of the horse and van now would be about £35. I had them some years. I explained in my examination the value of the things sold. What I mean by the difference between the gross value and the value, as I explained, is that £150 was for stock. It would fetch £150, but if you were going to take the net value of it it would be what it cost. I said in my public examination that the value was £320. According to what I say now it comes out at about £220, which I make out is about 20 per cent. off the stock, etc. If I had sold the business to somebody in the trade instead of my son-in-law, for the purpose of handing the purchase price over to my creditors, the cost would have been put down at about £120. It would be worth about £220 or £230—the whole lot. I sold to Greenwood for £194, which is not a great difference in a deal like that. I ceased to operate on my account at the end of February. I do not know that Greenwood opened his account on February 28. I did not hear him give evidence at the private examination. We had to go on paying cash for goods and raw materials. We took about £50 cash per week at that time. After the transfer the cash of the
business that had been mine was put into his account. No cash from the business was paid into his account from March 13. I knew nothing about Greenwood's private affairs. I discovered he had a banking account when the business was transferred—when it was sold. Sometimes he would pay and sometimes I would. I was there sometimes in the morning and sometimes in the evening. I took practically the management of it. I had the overlook of certain things and books, and went about and saw what was going on. We kept books. I think my wages were entered in the wages book. The bankruptcy account has got that. I was paid weekly. Greenwood generally paid me at first. Later on it was otherwise, and I took the money and accounted to him for the remainder. He paid money into the bank at times and sometimes I did He drew all the cheques. The London and South-Western was my bank, and his was the London and County Bank. As far as I know the transfer of the business had nothing to do with his opening an account. I did not know that he opened an account just before the transfer. The assets sold to Downs were much the same as those sold to Greenwood, with the exception of the stock. A fire occurred during the time that Greenwood had to do with it, and part of the stock was destroyed. It was not insured. I should say that Downs got about £50 worth less of stock, and perhaps more. I have explained why the figure was £194—on the transfer to Greenwood, and why it was transferred to Downs, representing my wife, for £100. I was in touch with the premises all the time, and I approached Downs and asked him if he would take over the business on behalf of Mrs. Simpson. He told me he would do so. He knew I was bankrupt. I said I was a bankrupt and not in a position to take it over myself. The difference between £194 and £100 was the difference in the stock of £50 or £60, and we lost two horses. They were not very valuable, but useful. I put them down at £10 the two. The back of the premises had been burnt and the wooden sleepers destroyed, and fixture, which will make a deterioration again. That accounts practically for the £94. I carefully explained to Downs that he was buying on behalf of my wife, which I believe he quite understood. I think my wife was there at the time. I remember being at the police court at Stratford, where I was advised by Mr. Robinson. He was acquainted with this case all through. He Cross-examined Downs. I explained it to Downs at the time. It was not necessary to explain it to Mr. Robinson; he knew it was a transfer to Downs. Downs was brought into it because Greenwood at the time was in financial difficulties, and he came to me and said he was in financial difficulties, and I arranged wth Mr. Simpson that this business, if it were possible for us to scrape together the money to get it, would be desirable; the railway was coming through too—as I heard from private information—of which we had already been served with notice. She said if it was possible to do it and pay off my creditors we would stick to the premises, and I told the landlord at the time, and he promised he would not press me as to putting up the buildings. It was not transferred to her
because I thought the name had better stand out of it as I was bankrupt. There is no name up now. On the gate there is "Walthamstow Confectionery Company." I did not wish to bring my wife into it. I told my creditors I wanted to pay them. I cannot remember if I told them the business was bought by my wife. The original £94 was paid to me in gold. I cannot say why it was not paid by cheque. The cheques my sister gave me she cashed them and gave the money to my wife. I would not swear that the whole £100 was in gold—I believe it was notes and gold. I do not know whether the notes were drawn out of my wife's Post Office Savings Bank. Downs was turned out of there. Up to this moment I have not had any quarrel with him. There would be no object in his inventing anything against me. He saw me at my place, and I asked him to lend his name to the business. There was nothing to press me, for I had been made bankrupt. It is pure imagination on his part to say my creditors were pressing me, and that if he lent his name it would keep them off. I told him that the business was sold to Greenwood. As to Greenwood having the profits out of the business, I do not think any profits came out of it. We lived partly on it. He can tell you better than I can if he got anything out of it. He drew money out of it if that is what you mean, but I should say he was making a loss. I started in 1905. Greenwood had no more experience in the business than I had. He walked about the premises and used to look round and see how things were going on. My wife was in possession of the premises, and the lease was made out to her. Greenwood and his wife were living there up to a few months ago. He was not living with me at that time, but ceased to do to some six or seven months ago. He did not come to us when he married my daughter. They were only with me for a short time. I never entered Mr. Robinson's office in March, 1908. I went into the street in which it is, and waited at Bow Station about 200 yards off. I took the £100 with me as far as the station, and then handed it over. I think it was in two bags. I did not go into the office, but simply brought the money up to Downs to pay over. It was not necessary for me to go in. I instructed Mr. Robinson to prepare a transfer. I did not think it was necessary to go in when it was executed. I might say I instructed Mr. Robinson under Greenwood's directions. Greenwood paid Mr. Robinson. I remember on June 24 the witness Martin coming to me from the Official Receiver's office. I may have told him that I was managing the business for Downs, which I was doing on behalf of my wife. I did not say anything to him about its being my wife's business. I do not think I insinuated anything. If he says I told him I was managing it for Downs, I am not prepared to contradict him. I looked upon it as my wife's business absolutely. She never interfered to prevent the Official Receiver selling it.
Re-examined. It was in 1906 that I invited Messrs. Jenner and Co. to come over, and we went into the matter together and they said, "The best thing for you to do is to wait till the end of the year and take your stock, and we will go fully into it." Unfortunately, they never
came down, and nothing was done. They were the petitioning creditors. I was anxious for them to see exactly how I stood. The sale of two vans was included in the transaction between and Greenwood and myself. A pair-horse van—lot 85—was sold for £3 15s., and a box van for £3 12s.
ALFRED ALGERNON ROBINSON , solicitor, Bow. I prepared the assignment of March 13, 1907, from Simpson to Greenwood. I was first consulted by him on February 18, 1907. I have an entry in my call book of clients, "Attending Mr. Simpson and Mr. Vourman"—a client of mine, who introduced Simpson to me; and then again, "Mr. Simpson." I may say I saw Simpson at Bow in the morning when I was leaving for the City, and I arranged for him to come to my Bow office. I saw Mr. Vourman in the morning and Mr. Simpson in the evening. The date is there in the morning—"9.50—A. A.R.," which are my initials—showing I saw them; and at night—"Mr. Simpson" and my initials. Simpson said he had agreed to sell his business to Greenwood, and I took down in the evening—very roughly—the facts. I asked him where the lease was. He said it was at his bankers. I said, "It may be that in your lease there is some covenant that you are not to assign without a license; do you know anything about it?" He said, "No, I don't." I said, "You had better let me have the Lease and let me see about that." It was sent me the next day, and there was a covenant restraining him from assigning without a license, and it was necessary for me, therefore, to apply for the landlords' license I saw the importance of getting the license, because of the lessor at that time. I think we got it about March 5 or 6. I then prepared the assignment, and the completion took place at my office. My managing clerk was present at Bow; I was in the City. I was present at the completion of the subsequent transaction on March 30, 1908—Greenwood to Downs when Greenwood and Downs attended. I did not see Simpson. I read over the deed to Downs. There was not a word said about Downs being merely a nominee. The consideration handed me by Downs, and which I counted out in the presence of both sitting at the side of my table, were two notes of £5 (£10). I made this note at the time, as I invariably did on every transaction. This is my writing at the foot of the draft, "Gold £90—(£100), handed to Greenwood on signing deed." I handed it to him, having counted it out as I always do; I do not care whether it is a conveyance or anything else, I make a note of what becomes of the money. Greenwood took it away with him. As far as I know, there was nothing to suggest that the transaction was anything but a proper one.
Cross-examined. My impression is that the second instructions were obtained from Greenwood. If you look in my book of March 20 you will see, "Mr. Greenwood re Downes—7.40, evening," and my initials opposite. I saw Simpson several times in the City and I could not say on my oath that he did not say anything to me about it; but I certainly saw Greenwood about it and I have a letter from Greenwood pressing me to complete the deed. I am not prepared to say that Simpson did not give me instructions, but I can say that there is a letter from Greenwood pressing me to complete. I may
have seen Greenwood between March, 1907 and March, 1908, but not on any business transaction. I never saw Simpson until he was introduced to me by my client, Mr. Vourman, in March, 1907. I knew nothing of their business. I had to act for Simpson in part of the bankruptcy. I did not know anything about Simpson's affairs. I knew he was sued some time after March, 1907. At the time of the transfer I did not know anything about the condition of his business. He did not tell me in February, 1907, that he had writs impending; nor did I know it at the time of the transfer of March 13, 1907, but immediately after I did know that Greenwood was a relation, or prospective relation, of Simpson's. I knew nothing of it except as an ordinary business sale. I did not know that Downes was a mere nominee. I first heard it when Downes was summoned to the Bow Court; that was the first time I heard that Downes was not a bona-fide purchaser. Downes came to me in the City and said he was not a bona-fide purchaser and had had to go to the Bow Court, and what should he do. I said, "Go and tell the truth," and he did. Something was said by him about purchasing it for Mrs. Simpson. I do not swear that he did not say that he bought it for Mrs. Simpson. I daresay I have a note of it in the City office, but Mr. Downes would not deny it. He seemed to be a little upset£he always does, I think.
CHARLES STUART , 26, West Street, Bethnal Green. I worked for seven years for Simpson and recollect the alterations being done to No. 203 and a man-hole being made there. I always understood that Greenwood was the one to take orders from for the alterations and he was there to supervise them. I should say they took over 12 months. I have not had anything to do with Simpson for the last four years.
Cross-examined. All the alterations were at No. 203. There was work done at the other places by Greenwood. There were three men at 203, besides myself. I did excavation and shovelling for about three weeks. Simpson paid me. I used to enter my confectionery work in a book—not the alterations. I have not done work of that kind since. I know very little about building work.
ALICE SIMPSON , wife of prisoner. I have for some years had a Post Office Savings Bank account, my own moneys. On March 23 I drew out £30 (Bank book produced). I drew, it out to buy the business which Greenwood was carrying on at 203, High Street. Greenwood wanted to get rid of it, and I thought if my husband could work it up I would advance him the money, because, of course, he could not buy it himself. I arranged with Downes to have it in his name, so that my name should not appear. One hundred pounds had to be found made up by my £30 and £40 I borrowed from my relations, which was paid in cash. Seventeen pounds we had in the house and I borrowed another £13. My Post Office account had been going on for years.
Cross-examined. My husband had no other source of income apart from his business. I always had a little money of my own which I have earned by helping in his business—£1 a week, which
I did what I liked with. We have been married 19 or 20 years. I did not know what he got out of the business. The retail businesses at 222 and 204 belonged to me, but not before 1908. My sister has not been repaid the £53. I have no means of doing so at present. My objection to my name appearing in the business was on account of my husband being a bankrupt. I thought it a perfectly honest transaction. I had known Mr. Downes for about four years. After the £100 was paid to Greenwood my husband managed the business for me. Greenwood came there sometimes to see if things were going on all right. He drew cheques and the money was paid into an account in his name.
Re-examined. I had somebody under me to look after the business.
LEONARD GREENWOOD (prisoner, on oath). I am 25 and worked for Simpson from 1903 to 1904. I did structural alterations for him to four cottages. Stewart was there. I was to receive £2 a week. Ultimately it was arranged that I was to have a profit on the job at the conclusion. There was then about £122 due to me. It was ultimately arranged at £100. It was not convenient for Simpson to pay. I had just before become engaged to Miss Simpson, in November, 1906. I applied to Simpson to pay up the money, but did not get it. At the beginning of March, 1907, I had some money of my own and there was a sort of partnership with my brother. I had work from time to time for my father, for which he paid me considerable sums of money. He was a man of some property and I manage the business for him. He had not a banking account and did not believe in it. I kept my money at home, and had received at the end of February, 1907, about £137. There was then an arrangement come to that I was to take on Simpson's business. I had no knowledge whether he was solvent. As far as I knew it was a perfectly genuine transfer to me. I opened a banking account with the money I had and in addition I had received something from the partnership between my brother and self. This cheque for £38 5s. is on the partnership account and is dated January, 1907. I received the whole of that money. This bill of exchange for £33 is accepted by the partnership and is dated the beginning of March, 1907 and is payable five months after date. I received the whole of the benefit of that bill. Referring to my bank book, it was discounted in March of that year and was paid into my banking account. These two sums, amounting to £70, are drawn from the partnership with my brother and self. I drew a cheque in my own favour for £100 for the purchase of this business. I paid £94 to Simpson, and the balance was made up of a debt of £100 owing to me. I drew every cheque for payment of expenses of that business up to the end of 1907. They all appear in my bank book, amounting to about £800. Simpson managed the business. We ultimately separated about May this year, because I did not get complete satisfaction as to the amount I was to receive, I controlled it generally and supervised it and took the moneys at the time. There was very little profit. In November, 1907, I was sued privately. I was not represented by counsel. Until March,
1908, I had not been told that efforts were going to be made to set aside the assignment and as far as I knew the business was mine. About that time I wanted to get rid of the business. The business of the partnership with my brother continued until some time this year and was still in existence in March. I did not get rid of it as I thought. I had had some conversation with Simpson and ultimately an arrangement was come to by which I was to dispose of the business, I said to Simpson I was agreeable to accept about £100 if he could find me a purchaser and I assigned the business in Mr. Robinson's office and received £100. I have lived on that ever since. I kept it at home. I heard Downes give his evidence of what happened. I met him at the Bow Railway Station. Simpson was there. I did not see Simpson give him any money, nor did I give him any. I did not find any portion of the money that went to make up the £100. If Downes said I did it must be a mistake. Mr. Robinson took the money first and gave it to me. I have not given any of that back, and I have at no time entered into a scheme with Simpson to defraud his creditors. In March, 1907, I did not know that he had any creditors. In March, 1908, I believed the business to belong to me.
Cross-examined. My banking account was opened for the purpose of the confectionery business and I drew out very few amounts. I also paid in my private moneys. I still carried on my cabinet work, including a building business. I drew out of the business no other sums than for the confectionery business. I am afraid I did not make anything out of it. I lived on the two businesses. I should say I have lost the £94. The profit I got out of it in the year did not amount to £94. I have been saving the £130 ever since I left school, when I was about 17. I did not go into the business with my brother until March, 1905. Most of my business at the time was in doing repairs to my father's property. It was chiefly profit as I had no expenses and lived at home. I Kept my money at home in a drawer—chiefly in gold. I never thought of putting it into the Post Office Savings Bank. The £35, £54, and £56 were taken out of the drawer. I believe the 5s. 6d. is a postal order. I paid in again on March 14 £48—also out of the drawer. I said in my examination at that time I had a capital of £10 to £12—in 1903. I paid some odds and ends out of my own pocket. If Simpson said about £40 of the £100 was out-of-pocket expenses I do not know what he meant. When I first started for Simpson I started as manager and I was going to earn £2 a week. After a few weeks Simpson was dissatisfied with the way the work was going on and said he wanted it worked in another way. I said I should require a profit for my skill and my brains; therefore, on those conditions, if he was prepared to pay me a profit and take all responsibility and risk of the work I would do so. Simpson had asked me to contract for the work; I refused for I had no capital. That is why I started at £2 a week. After that he said he was dissatisfied and would I be prepared to take all responsibility and supervise the work; and for that I estimated I should receive £80. Simpson said he would agree to that, subject to my waiting for the money, as he could not pay then. He employed
the men, but I supervised them. I did not get a receipt for my £100. I never kept any books in my building business. I did not work with my own hands in the confectionery business. I paid the £94 in gold. I paid Simpson £2 a week as manager. I first paid him and afterwards he took it himself. I had seen Downes previously to March, 1908, at a fete with Simpson. I was catering. I was not then living at Simpson's house, but went there about March this year. I was married in March, 1907. I did not meet Downes about this business before I went to Mr. Robinson's office. I say it is absolutely untrue that I handed him a bag of money in the passage or anywhere else. I did not have any conversation with him about being Simpson's nominee. I thought I was selling to Downes, and did not know where the money came from. I cannot tell you when I first heard that Downes was only nominee for Simpson. I believe I heard that Downes had a summons to go to the Bow Court. I was under the impression it was Mrs. Simpson's business, and that Simpson was carrying it on. I never asked Downes to pay. I did not know that Mr. Robinson was writing to Downes and asking him for it. Whether it was paid for or whether Mr. Robinson had an assignment or not I do not know, nor do I care. I thought it was a genuine transaction with Downes. I paid Mrs. Simpson while I owned the business a salary of £1 a week. I usually gave it to Simpson to give to his wife. I had nothing to do with the retail businesses. They were sometimes supplied from the manufacturing business. The goods were paid for, I suppose, from the shop tills. I trusted Simpson as manager. I would do so now and always have done.
Re-examined. I paid Mr. Robinson five guineas for the assignment to Downes. This bundle of receipts (produced) refers to money received from my father for work I did for him. I was living there without expense, and why should I require money? I knew my father would lend it to me to the extent of £100, but I never required it.
WILLIAM HENRY PEARCE , 347, Caledonian Road, wholesale confectioner. I have known Simpson for 10 or 12 years, and have had a lot of business transactions with him. As far as I know, he has been a thoroughly straightforward man, which is the reputation, I believe, he has always had.
FREDERICK JAMES ALLEN , 84, Victoria Avenue, Walworth, store dealer. I have known Greenwood for seven or eight years, and have had business dealings with him and have been also personally acquainted with him. I have always found him an honourable man, which, as far as I know is the reputation he has always enjoyed in walthamstow
JOHN GREENWOOD , father of prisoner I have always found my son from a boy, to be honourable and I never knew him to be without money. He has borne a good character and he has done all my business for me since he was 17 years of age.
(Tuesday, December 15.)
Verdict. Simpson, guilty; Greenwood, guilty; the Jury adding in Greenwood's case that they considered that he had been largely influenced, and they recommended him strongly to mercy.
Sentence. Simpson, three months' imprisonment, second division; Greenwood, released on his own recognisances and those of his father in £50 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Tuesday, December 8.)
PARKHURST, John samuel (37, shoemaker), and HUDSON, George (23, labourer), pleaded guilty of burglary in the dwelling-house of Dr. Carroll Ottway and stealing therein two silver ten caddies and other articles, his goods. Parkhurst, breaking and entering the dwelling-house of Thomas Allen Hockley and stealing therein four postal orders and other articles and moneys, together of the value of £9 3s., his goods and moneys. Both prisoners confessed to having been convicted of felony. Thirteen convictions for felony were proved against Parkhurst and six summary convictions, including 18 months, 12 months, 18 months, six months, five years, 12 Months, and 18 months; said to be an associate of the worst convicted thieves in London. Hudson had received at North London on August 13, 1907, 12 months for stealing from the person; December 31, 1906, 10 days, and another conviction of three months at the Thames police Court for assault on the police. Known for four or five years as one of the worst ruffians in the East-end; a warrant for an offence committed two days before the arrest was in the hands of the police—this was taken into consideration in the present sentence.
Sentence, Parkhurst, Seven years' penal servitude; Hudson, Four years 1/2 penal servitude.
BEFORE THE COMMON SERJEANT.
(Tuesday, December 8.)
MATTHEWS, Edith(38, servant), who pleaded guilty last Sessions (see p 125)of attempted suicide, and was handed over to the Church Army with instructions for them to report as to her conduct,came up for sentence. The Common Serjeant stated that the report concerning prisoner was that a permanent place was found for her, that, she left the home earlier than She was required at her situation, spent the time getting drink, and finally went away without leaving any address. The best thing, he thought, would be to keep her away from drink for a considerable time.
Sentence, Six months' hard labour
BEFORE JUDGE RENTOUL.
(Wednesday, December 9.)
SEALE, John (54, broker) , obtaining by false pretences from Edward Thomas Smith the sum of 14s. in money, and from Reginald Bertie Rowell the sum of £2 10s. in money, in each case with intent to defraud.
Mr. Safford prosecuted; Mr. Davies defended.
EDWARD THOMAS SMITH , manager to J.W. Wiltshire, fruiterer, Barnes. On June 27 prisoner, who then owed Wiltshire £1 0s. 11d., presented prisoner's cheque for £2 in payment, and asked for balance. Being short of change I gave him 10s. Two days later he called and asked that cheque be not presented, as there was a difficulty about a bank transfer, He again asked for balance, and I gave him 4s., my own money, having full confidence in him. Cheque was twice presented and twice returned dishonoured.
Cross-examined I did not advance the 10s. before seeing the cheque. He did not represent that he had money in the bank. I did not inform the police till October because I hoped to get the money.
REGINALD BERTIE ROWELL , architect and surveyor, Nassau Road Barnet. On July 3 prisoner, whom I had known about a month, called at my office in reference to the purchase of my house and of som✗ land, After discussion he produced and asked me to cash his cheque for £5. I hesitated, and he said, "I only want 50s." I took his cheque, drew and cashed at a butcher's my cheque for 50s., and handed proceeds to prisoner. Had I known that prisoner's, cheque was worthless I should not have parted with, the 50s. Four days later the cheque was returned dishonoured. On the following day I wrote to him, and received a reply, that he would call on Wednesday, July 8. He called and said that his wife, who had petitioned for divorce, had garnished his bank account for alimony, hence he could keep but a small balance. He promised to pay me the 50s. on the following evening. On the following evening he did not call, but I met him accidentally, and he promised to call later the same night but did not; though I stayed up till after midnight.
Cross-examined. Before this transaction prisoner was trying to interest me in the sale of some land at Barnet, and a plan was sent me by a solicitor. Mr. Lee, of Queen Victoria Street, informed me that prisoner was simply a "carrier," having no option of the land, but simply a refusal. Prisoner did not ask me to hold over his cheque. I did not think that a man who had not £5 would be negoliating about a house and land. After making inqiries I wrote to the police.
John Rolling, 89, High Road, Ghiswick, greengrocer. On March 7 prisoner gave me his cheque for £3 which I cashed for him. I held it
over at his request, and then presented it three time at the bank. On the last occasion I paid 13s. 3d. into prisoner's account, and the cheque was then cashed. My lodgment was the result of a conversation with prisoner, who, however did not tell me the exact amount needed to make good the deficiency.
To the Judge. I have lost 13s. 3d. by the transaction, but I am not prosecuting.
ROSINA AUGUSTA HATHWAY , 8, Alison Road, Barnes. On May 18 prisoner took a room at my house, and gave me a cheque for £1 5s., which was cashed by a greengrocer named Suaffield. On the following Saturday prisoner told me that the cheque had been returned, and asked me to represent it. I never saw it again. Prisoner stayed with me till about the end of June, and ultimately paid me a sum of £1 7s. that he owed me.
Cross-examined. He still owes me 2s.; but I was quite satisfied.
DELIA SUAFFIELD , wife of Herbert Suaffield, greengrocer, 38, white Hart Lane Barnes. I received from the last witness priosner's cheque for £1 5s. which was lodged, and returned marked R.D. Prisoner's called subsequently and explained that he had been changing his account from one bank to another, and that there had been some muddle. The cheque was again presented and returned. He called again and paid the amount of the cheque.
Cross-examined. He called voluntary. We are not out of pocket at all.
JOHN HAVELOCK WALKER , clerk at the National provincial Bank, Marylebone Branch. Prisoner opened an account with my branch on November 29, 1907. I produce a copy of his ledger account. I have a copy of another account from another book.
MR. DAVIES objected to the production of a certified abstract, which was not a copy of a complete entry form the account of one customer, but an extracted list of cheques returned. The heading of the abstract was not a copy of anything in the books of the bank. Remove the heading and there was nothing to connect the abstract with the prisoner. Objection upheld.
To Mr. Safford. Since April 22 prisoner's account has remained closed Cheques have been presented and have been returned by me. I know that the bank returned the cheques presented by Mrs. Hathway and by De Sousa.
Cross-examined. I know of Hathway's cheque by extracts. I believe I myself returned De Sousa's.
Verdict; Not guilty.
BEFORE THE RECORDER.
(Thursday, December 10.)
CLAYTON, Arthur (31, Labourer), BALLER, Fredk. (19, Labourer), and HOUSTON, Thos. (26, Carman). Breaking and entering a warehouse and stealing therein a quantity of Christmas cards, the goods of Henry Davis.
Mr. F.J. Egerton-Warburton prosecuted.
P.C. ROBERT BROWN , 757 V. On November 14, 1908, I was on duty at Sun Alley, Richmond, when I saw the three prisoners near the "Duke of York"; they walked about 14 yards along Sun Alley, stopped outside a warehouse; Clayton and Baller suddenly disappeared and Houston walked down the other end of the alley. I examined the door of a warehouse and found the mark which I had previously placed there was gone; the lock had been forced and the hasp turned up. There was a noise inside. I then went to the end of the alley and saw Houston coming from the direction of the "Orange Tree" public house. Seeing me he turned into the railway station yard. I walked a little way towards the "Orange Tree" when I saw Houston turn down the alley and whistle. I sent to the station for assistance, and the warehouse was surrounded. I entered the warehouse, found the ground floor empty, heard a noise upstairs, went up and saw Baller go through the window on to the roof. Looking out of the window I saw Baller and Clayton pass along the roof and descend on to a lower one. I got through the window and called out to Baller whom I knew, "Come down, Baller, the place is surrounded, it is no use your trying to get away." He said, "I will come down, you—, I will knock your—brains out for this," pulling a tile from the roof and throwing it at me. He threw about half a dozen tiles at me. I took one up and threatened to throw it at him, when he disappeared over the side of the roof, and he and Clayton were arrested by the other officers. Houston was arrested on Monday night following. I went downstairs and found behind the door the bar of iron produced which corresponds with the marks on the door.
To Clayton. I did not see anyone force the door. I watched the three prisoners up the alley, and saw two suddenly disappear. I had to go away for a short time while watching them.
To Baller. Prisoners walked up the alley about 15 yards to the warehouse door. People would be passing the end of the alley. I was standing about 30 yards from the door; the alley would be properly lighted; I did not see anybody force the door. I was not looking at prisoners all the time because there were three men and three women who had had enough beer and whom I was looking after. I made the mark on the door because I had seen you loitering about on several occasions and knew you. I saw Houston run towards the "Orange Tree." I walked about ten yards down Kew Road and then I saw Houston walk to the corner of the alley and whistle; that took a minute or two. I could not have mistaken him for anyone else. I did not go after Houston because I knew you two were inside and I might have lost you. (To Houston.) I cannot say whether you went inside the warehouse. Before 11 p.m. you came back and whistled.
P.C. KIM, 678 N, stationed at Richmond. On November 14 I was called to Sun Alley, when I saw Clayton and Baller on the roof of the warehouse. I climbed up, arrested Clayton, and handed him over to Inspector Hart, who was down in the alley.
Inspector HART. On Saturday, November 14 on information received, I, with other officers, went to Sun Alley and had the warehouse surrounded.
I remained in Sun Alley; a few minutes later I heard a noise and saw Clayton on the edge of the roof. I told him to come down, that the place was surrounded; as he did not come down P.C. Kim climbed to the roof and handed him down to me. I then caught sight of Baller coming down from the roof; he was arrested by P.C. Webber. The two were taken to the police-station. I afterwards examined the warehouse. I found the door had been secured by a hasp and a padlock. The hasp had been forced from the door and broken, and was then hanging from the door; the padlock was still secure. Brown handed me the piece of iron produced which corresponds with marks on the door. This bend in the bar fitted in where there is an indentation in the door. In my opinion the door was forced by means of that instrument used as a jemmy.
To Clayton. The roof is about 15 ft. from the ground. You did not say: "If you will stand on one side I will drop down."
To Baller. This piece of iron may have been left there by the previous owner. I believe a long time ago the premises were owned by a smith and wheelwright, the piece of iron is rusty. You denied the charge at the station. In this case the prosecutor could not be found until the following morning and therefore the prisoners were not charged until 10 a.m. on Sunday. They were told what the charge would eventually be.
MAUD TURNER , manageress of the Penny Bazsar warehouse, Sun, Alley, Richmond. On Saturday, November 14, at between 8.30 and 9 p.m. I left the warehouse securely fastened and locked; I went round there again at about 10.3 p.m. and found it still locked. I did not go in. I next saw it on Monday morning. The place is used as a warehouse for toys and cards. I found the goods scattered all over the place and a quantity of stuff missing from the window. Two boxes containing one and a half groes of Christmas cards and some brushes (produced) are the property of my employers and are worth about £2.
To Clayton. The bottom part of the warehouse is a shed; there is some old rubbish lying about. Platt, the grocer keeps a cart in the alley—the alley is narrow. It is quite impossible that the passing of the cart could have broken the lock.
To Baller. The cards could not have been knocked out by anyone getting out of the window in a burry.
HERBERT HOLLOWELL , 25, The Crescent Richmond, confectioner. My house is next door to the warehouse in question. On saturday, November 14, at about 11.30 p.m., I heard a rumbling on the roof of the warehouse,. which in galvanised. I was informed that the police had taken burglars. At 8.15 the next morning I saw from my window is large number of postcards on the roof, went out and brought in those produced to save them from getting wet in case of rain. I left some there.
Cross-examined. I said at the police court that if they were placed under a window to keep it up a man in a hurry would have to knock them down to get of the window. I brought four or five packages of the cards into my house: those that were strewn about I did not take the trouble to pick up.
P.C. WEBBER, 617 V. On November 14 at 11.30 p.m. I was in Sun Alley when I saw Baller and Clayton on the roof. As Baller slipped from the roof into the alley I arrested him. On the way to the station
he became very violent; after a hard struggle we both fell to the ground, where I held him until Ki✗arrived and assisted me in taking him to the station.
P.C. JOHN BROWN , 615 V, stationed at Richmond. On November 16 I saw Houston and told him that he was wanted at the station for being connected with two other men in a case of warehouse breaking in Sun Alley. I took him to the station; he was charged and said, "All right." Statement of Clayton: I was passing and found the door open. That was about a quarter to 11. I was going to make my way towards the Park to sleep when I found this door open and I went inside, pushed the door to, and lay down. I had been there about half an hour when I heard the door tried, I made my way upstairs into the loft. As I was going upstairs I saw the policeman. As there was no other way out I jumped on to the bench, opened the window, and it fell down again. I opened it again and Baller put some parcels under it to keep it up. I went through and got out on to the roof when I saw the police waiting at the bottom.
Statement of Baller: About 10 o'clock on Saturday night Clayton, I, and another man were drinking together. About twenty past 10 he said, "Good night" to the other man; he said he was going home with a piece of meat. About five minutes afterwards me and Clayton came out, went down Sun Alley, and then to the "Orange Tree." We came out about twenty to eleven. Having had no lodgings for about four nights Clayton proposed that we should go into the Deer Park. Both of us had had a lot of drink., I did not care where we went. We went down Sun Alley towards the Old Deer Park at about quarter to eleven. We saw the hasp of the door hanging down; we pushed the door open and went in. We had been lying down for about a quarter of an hour when we heard someone stop at the door and try it. We went upstairs. We saw the police bring their lanterns. As we could not get out downstairs we got through the window on to the roof. I propped the window up with some parcels and than got carefully out of the window. I know the police must have pushed and knocked out the parcels while they were trying to get through the window. We went in there with no intent to steal anything. Statement of Houston. All I have to say is I met Clayton and Baller on Saturday night at 10.15 outside the Station Hotel. We walked from there to the "Sun," where we had a drink together. We came from the "Sun" through the alley, where I left Clayton and Baller at the, bottom. I then went to the "Orange Tree" by myself. I came from there and went down by the station yard. I went to Coffin's and came from there as far as the Station Hotel. I stood talking there a little while, when it struck eleven, I then went straight home from there, and was indoors between twenty and half-past eleven.
Verdict, all Guilty. All the prisoners admitted having been previously convicted, Clayton, at Richmond, on October 19, 1904, when he was sent to the reformatory ship "Cornwall" for three years for larceny from a cart; three other summary convictions were then recorded against him. Baller and Houston admitted having been jointly convicted at this Court on February 5, 1906, receiving 12 months each, for larceny. Baller was also convicted at Richmond on November 22, 1897, and bound over; May 27, 1902, at Surrey Sessions for housebreaking, one month; Richmond,
January 1, 1903, three months for stealing fowls; ichmond, November 23, 1903, six weeks for stealing newspapers (Houston was also convicted with Clayton for this offence).
Sentence. Clayton 12 months' hard labour, Baller and Houston three years' penal servitude.
The Jury considered the conduct of the police in this case was very commendable, but especially that of Police-constable Robert Brown, 757 V.
The Recorder. I quite agree. I am glad to say that the grand jury have commended him also. They were evidently struck by the intelligent way he acted. (Police-constable Brown was called forward.) Your very intelligent conduct upon this evening attracted the attention of the grand jury before whom this matter was first brought, and they have added to their return of a true bill a commendation of your conduct. The petty jury who have now tried the case, and heard it without knowing that, have independently arrived at the same conclusion. You have shown remarkable intelligence, and with these commendations, both of the grand jury and the petty jury I entirely, concur. The public are much indebted to you for the skill you have shown in bringing these really very dangerous men to justice. I trust this commendation may be conveyed to your superior officers, and that it may assist you in your future career.