Vol. CL.] Part 892.
CENTRAL CRIMINAL COURT
HELD FEB. 2ND, 1909, 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.]
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 OTHER COUNTIES WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, February 2nd,1909, and following days.
Before the Right Hon. Sir GEORGE WYATT TRUSCOTT , Knight, Alderman,LORD MAYOR of the City of London; the Rt. Hon. Lord ALVERSTONE, G. C. M. G., Lord Chief Justice of England; Sir JOSEPH SAVORY , Bart., Sir ALFRED JAMES NEWTON , Bart., Sir W. VAUGHAN MORGAN , Bart., Sir H. GEORGE SMALLMAN , Sir CHAS. CHEERS WAKEFIELD, and W. M. GUTHRIE, Esq., 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 Judges of the Central Criminal Court.
ARTHUR D. HANSELL, Esq.
H. W. CAPPER, Esq.
CENTRAL CRIMINAL COURT
TRUSCOTT, MAYOR. FOURTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, February 2.)
INGLIS, Jane Emily (50, nurse), who, on January 14, 1909 (see preceding volume, p. 372), pleaded guilty of procuring a certificate of admission to the Midwives Roll by a false and fraudulent certificate in writing; having been since in custody, was sentenced to Twenty-one days' imprisonment, entitling her to be at once discharged.
GROUT, Herbert William (17, clerk) pleaded guilty , of feloniously forging and uttering, knowing the same to be forged, divers orders for the payment of money, to wit, on September 24, 1908, a banker's cheque for £10; on October 9, 1908, a banker's cheque for £10; on October 24, 1908, a banker's cheque for £10; on November 2, 1908, a banker's cheque for £10; on November 11, 1908, a banker's cheque for £5; on November 21,1908, a banker's cheque for £12; on November 30, 1908, a banker's cheque for £10; on December 1, 1908, a banker's cheque for £10; on December 7, 1908, a banker's cheque for £10; on December 19,1908, a banker's cheque for £10; on December 22, 1906, a banker's cheque for £10; on January 2, 1909, a banker's cheque for £10, with intent; in each case to defraud.
Sentence, Six months' imprisonment, second division.
Previous convictions proved, February 20 and June 10, 1908, at the Mansion House, on each of which prisoner received 21 days' hard labour for malicious damage.
Sentence, Three months' hard labour.
BRAMBLE, Joseph (30, brass polisher) ; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque and order for the payment of £10 13s. 4d., with intent to defraud.
Mr. Harold Morris prosecuted.
Dyot House, Dyot Street, Oxford Street, and crossed it with indelible ink, and put it in the safe; it was signed the next day by my principal Mr. Jaggard, and posted about 12 noon with a covering letter to Hawkins and Co. I produce postage book of my firm, in which there is an entry on that date of "Hawkins, 1d." The cheque has now been overwritten with black ink and the crossing erased.
GEORGE BRISTOW , porter to Jaggard and Blithe. On January 12, at 5.50 p.m., I cleared my post box and posted a letter addressed to Richard Hawkins and Co., at the pillar box in front of the Royal College of Arms in Queen Victoria Street. It would reach its destination that night.
HENRY WHEELER , manager to Richard Hawkins and Co., cloth finishers. My firm works for Jaggard and Blithe. Mr. Richard Hawkins is the sole partner. I have power to endorse cheques. Cheque produced is not endorsed by me or Hawkins—no one else has authority to endorse cheques. On January 13 I got to the office at 9.53 a.m. and cleared the letter-box; there were no letters that morning. I left the previous night at 8.30 p.m. Cheque produced was not received by us. I have been 20 years with my firm; prisoner has never been employed there; he is a stranger to me.
FREDERICK ARCHIBALD NASH , cashier, Union of London and Smiths Bank, 50, Cornhill. On January 13, at about three p.m., prisoner presented cheque produced. I did not like the look of a part of the signature, as it appeared to have been inked over. I examined it with a glass and found that the crossing had been obliterated with a penknife—not with acid. I said to prisoner, "Why did not you pass this cheque through your bankers?" He said, "Is it necessary?" I said, "Yes, because I have reason to believe that this was originally a crossed cheque. Are you a partner in the firm of Richard Hawkins?" He said, "No." I said, "Do you come from them?" He said, "Yes." I said, "We shall not be able to pay you the money until I refer to our manager; you must wait a few minutes." He then waited. He was close to the door and might have run away if he had liked. I communicated with the manager, a constable was sent for, prisoner was arrested and taken to the Mansion House, where I formally charged him.
Cross-examined. Prisoner was taken into the manager's room by our messenger. I did not hear him make a statement. Prisoner did not attempt to move from the counter.
EDWARD HERRING MARTIN , manager, Union of London and Smiths Bank, Cornhill. Cheque produced was brought to me. I communicated with Jaggard and Blythe on the telephone, called prisoner into my room and said, "There appears to be some doubt about this cheque and I must detain you until we make further inquiries. "He So said, "I met a man in the street," or "a man came up to me in the street and he said, 'You look like a working man out of employment, or words to that effect, and asked me if I was prepared to earn 2s. or 3s. He said, 'I have had a row' or 'a disturbance with the manager and do not care to go in and present the cheque myself,' and he asked me to take it in and make the presentation." Having satisfied myself
that there was every reason to suppose the cheque was stolen, and being certain that the crossing had been erased and the cheque otherwise tampered with, I called in the police, and gave prisoner into custody. He described the man who had spoken to him as a man with a black coat and an umbrella.
Cross-examined. I cannot say if prisoner gave any further description of the man who had sent him. I told prisoner I did not want to hear any more—he had better sit down. I could not say how long prisoner was in the bank before being taken into custody—it was some considerable period.
FRANK ARCHIBALD NASH , recalled. I should say prisoner was in the bank 15 to 20 minutes before the arrival of the constable—we got to the police court at 3.40 p.m. The manager put a messenger at the door to prevent prisoner leaving, and it was about 10 minutes after that he was arrested.
Cross-examined. Prisoner was about three or four minutes in the bank before I had spoken to the manager. A messenger is usually seated on his box near the door—I could not say if one was there then.
Police-constable THOMAS MINK, 982 City. On January 13, at 3.30, I was called to the Union Bank, 50, Cornhill, and prisoner was given into my custody and charged with fraudulently uttering a cheque. He said, "It is no good looking for the man now—I do not suppose he will be outside. I have been in the bank 45 minutes." I took him to the station; he was charged and he said, "Damned hard luck."
Detective-sergeant JESSE CROUCH, City. I was on duty at Mansion House Police Station on January 13 when prisoner was brought in by Nash and Mink. I said to prisoner, "I am a police officer. You will be charged with forging and uttering this cheque for £10 13s. 4d. "I cautioned him as to anything he might say relating to it. He said, "To-day, about three p.m., I was in Cornhill when a man aged about 40, height 5 ft. 8 in., medium build, dressed in dark overcoat, and having a black moustache, well-conducted, and of good appearance stopped me. I was going eastward and so was he. He said to me, 'Have you anything to do?' at the same time asking me if I would like to earn a few shillings. I said, 'Yes. 'He then said, 'Will you cash this cheque for me, as I have had a few words with the manager of the bank?' referring to the Union of London and Smiths Bank, 50, Cornhill. We were then just outside. He gave me the cheque, followed, and said, 'In there,' pointing to the bank. We went a few doors further on. I went in and asked them to cash the cheque, when I was asked if I worked for the firm named on the cheque, meaning the endorsement." When the charge was read over the prisoner said, "If that is the charge against me I cannot help it." The following morning I saw the prisoner in the cells at the police station. I said, "Can you give me any names and addresses of firms by whom you have been employed?" I handed him a sheet of paper and pen and ink and saw him write Exhibit 2. He said. those were the firms with whom he had been employed. I have compared the handwriting with the endorsement upon the cheque produced. In my opinion it is the same writing. I find that the face of the cheque had originally been written
with violet-blue ink and subsequently overwritten with a black ink (Handwritings examined by the Jury.) I have examined the letterbox of Hawkins and Co. A letter could be taken out by fishing with a piece of stick covered with sticky substance through the aperture. There is a class of people known as letter-box thieves and that it how they work. The aperture is rather a large one.
Cross-examined. Prisoner made no fuss about giving me his handwriting. For defence prisoner handed up a statement, which was read, in which he repeated the statement made to the officer, and declared that it was the truth, and that he was three-quarters of an hour in the bank, during which he could have run away; if he had known the cheque was bad, would he have waited all that time in the bank, with every chance of recovering his freedoms. With regard to the similarity of handwriting, an expert might be wrong.
Verdict, Not guilty.
FINHAM, John (19, seaman), WRIGHT, George (27, labourer) both pleaded guilty , of being found by night having in their possession, without lawful excuse, a certain implement of house-breakings to wit, a piece of iron; both attempting to break and enter the shop of A. E. Tilley, trustee on behalf of the creditors of William Wordley, with intent to commit a felony therein.
Finham confessed to having been convicted at Southwark Police Court on March 6, 1905, in the name of John Frognell receiving six weeks' hard labour for stealing money, after two other convictions of six weeks and three months. Wright confessed to having been convicted at Middlesex Sessions, on July 1, 1905, receiving three years' penal servitude for house-breaking and two years' police supervision, after seven previous convictions; he was also convicted at Leicester in February, 1906, receiving two terms of three months consecutive for stealing boots and was now wanted for failing to report.
Sentence: Finham, Twelve months' hard labour; Wright, 18 months hard labour.
PLAYSTED, Percy Wm (20, porter), pleaded guilty . of stealing a valuable security, to wit, an army money order for the payment and of the value of £3 0s. 10d., the goods of Henry Simpson; forging and uttering knowing the same to be forged an order for the payment of money, to wit, the said army money order, with intent to defraud.
Prisoner was bound over at Westminster—on June 18, 1900, when 13 years old for obtaining goods by false pretences. On September 13, 1900, he was charged with larceny as a bailee, was convicted of being beyond control and sent to the Shaftesbury Training Ship till 16 years of age.
Sentence, 15 months' hard labour.
Sentence, Three months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, February 2.)
HARMAN, John (28, labourer), and BROWN, Thomas (32), labourer), pleaded guilty, Harman of unlawfully and Brown of feloniously uttering counterfeit coin, then having in their possession seven other pieces of counterfeit coin, the said Thomas Brown having before then been convicted of a misdemeanour in uttering and having possession of counterfeit coin; both of feloniously having in their possession certain tools used for the counterfeiting of the. King's, current coin, to wit, one piece of copper wire, a quantity of caustic potash and some rags with whiting.
It appearing upon the depositions that Harman in order to evade arrest had assaulted a constable, the Common Serjeant directed that a bill should be taken before the Grand Jury in respect of that offence, and a true bill having been found Harman pleaded guilty to the indictment. The convictions against Brown are more numerous than those against Harman.
Sentence: Brown, Four years' penal servitude; Harman (who has twice previously been convicted of assaulting the police), Four months' hard labour for the coinage offence, and 12 months' hard labour for the assault, the sentences to run concurrently.
Mr. Fletcher prosecuted.
JAMES HALL , 50, Dove Row, Haggerston, bird dealer. On January 8, I was in Jacobin Street, Hackney Road, about eight p.m. I had two fox Pomeranian puppies under my coat. They were worth 10s. each. As I was going along the Hackney Road I saw four or five men coming along, one of whom was prisoner. They asked me where I was going. I said, "I am going home; I do not want you to interfere with me." They followed me into Whiston Street and knocked me down. One of them hit me on the mouth. I am sure prisoner was present. They took 3s. 6d. out of my pocket, and my puppies, and left me bleeding on the ground. I crawled home as best I could. Next morning I identified prisoner at the police station from amongst 20 or 30 other men. I had never seen him before January 8. I did not give him the puppies to hold. I had been drinking, but was sober enough. I recovered my puppies at the station. It is not true to say that prisoner was helping me with them.
Cross-examined. I had-come from the City when this occurred and was taking some tripe and cowheel home to my children for supper. I was walking slowly home, and had nothing to hurry about. I had been in the City all day and had had one or two drinks, but was not intoxicated.
HENRY EDWARD GARRETT , Divisional Surgeon, G. I saw prosecutor at the Old Street Police Station on the morning of January 9 at 11 o'clock. He was suffering from wounds on the upper lip, some contusions of the mouth and nose, and from strain of the right knee and
has left hand was also bruised. His general appearance was that of a man who had been beaten. He appeared half dazed, possibly the result of shock. I saw prisoner on January 8 at 9.45 p.m. He was suffering from a disease for which he was attending hospital, and from the after effects of drink. I noticed that the prosecutor's hat was broken and that his clothes were dusty. He had the appearance of having had drink some while previously.
Police-constable WILLIAM MORRIS. 639 J. In the evening of January 8, about 8.30, I was in Whiston Street and saw five men, including prisoner, assaulting prosecutor. I saw prisoner take something white from prosecutor and put it inside his overcoat. I could not say what it was. The five men walked away, leaving prosecutor lying on the ground. I followed the men until I met Constable 301 G. We followed them into Ware Street, and when they saw we were close behind them four of the men ran away, but prisoner stopped in the middle of the roadway. He said, "All right, governor, they have got them up there," pointing to the four men who were running away. I went towards him, knowing he had something in his possession belonging to prosecutor. He then pulled two puppies from inside his overcoat and threw them on the ground in front of me and ran away. I blew my whistle and gave chase, and prisoner was subsequently stopped by Constable 301 G. When I came up to him I told him I should arrest him for stealing two puppies from a man in Whiston Street. He said, "It is all a mistake; he is a friend of mine." After this occurrence I saw the four men go into a public-house in Mansford Street. Prisoner went in with them.
Cross-examined. I was about 20 or 30 yards from the group when my attention was called to them. I did not know prisoner was living in Whiston Street. Certain parts of Whiston Street are well lighted, and this assault took place in a bright part of the street. Prosecutor was lying on the ground. I passed him and followed the men perhaps a quarter of a mile from Whiston Street into Mansford Street. It is there they went into a public-house. I waited in the shade 3 until they came out. I followed them then until I obtained assistance.
Police-constable THOMAS JONES, 301 G. On January 8, about 8.45 p.m., I was in Mansford Street. The last witness spoke to me, and in consequence of what he told me I went with him after prisoner and four other men. We followed them across Kingsland Road into Ware Street. At the top of Ware Street prisoner stopped in the middle of the road. The others said, "Good night" to him and ran away. I ran after the four men, leaving Police-constable 639 J with prisoner. After I had gone a short distance I heard a whistle blown. "Thinking he was in trouble I went back and saw prisoner turn the corner of Ware Street into Kingsland Road, Constable Morris after him.
Police-constable JOHN HAYTER, 330 G. On January 8, about 9 p.m. I was on duty in Ware Street and heard a police whistle blown. I saw prisoner running down Ware Street in the direction of the Kingsland Road. I went towards him for the purpose of stopping him,
and on seeing me he shouted out, "It is all right, governor; they must have got them up there." I caught hold of him, but he broke away from me. I gave chase, and after running some little way I caught him at the corner of Wilmer Gardens. He then said, "It is all right, governor; it is all a mistake." I detained him until the arrival of Constable Morris. I then told prisoner he would be charged with stealing two dogs from a man in Whiston Street. Prisoner replied, "It is all a mistake; he is a friend of mine." We took him to the station, where he said a man had given the puppies to him.
HARRY NASH (prisoner on oath). At this time I was living in Wilmer Gardens, a turning out of Whiston Street. On January 8 in the evening I was in Hackney Road between eight and mine p.m., making my way towards Cambridge Heath, where my mother lives. I saw prosecutor and four other men. I had never seen prosecutor in my life before. One of the men had a puppy under his arm, and prosecutor also had a puppy under his arm. I knew the man who had the puppy by the name of Alf. They all seemed to be the worse for drink. Alf asked me if I wanted to buy a puppy for five shillings. I told him it was too much, and I did not want to buy it. He walked beside me as far as Weymouth Terrace persuading me to buy the dog. We went into the public-house at the corner of Weymouth Terrace, and there I noticed prosecutor sitting on a seat very drunk. Alf called for drinks. I noticed that prosecutor had a puppy under his coat. We stopped there, I suppose, 10 minutes. Then we walked down Weymouth Terrace in the direction of Whiston Street. Alf asked me if I would give four shillings for the puppy. I said, "No. I afterwards gave him three shillings for it. Then he asked me if I would buy the other one which prosecutor had under his arm. I told him I did not want the other one. I said good night to them at Whiston Street Bridge and turned back to make my way towards Kingsland Road. The four men afterwards came up to me with the other puppy. Prosecutor was not with them then. They asked me three shillings for the second puppy and eventually I agreed to give two shillings. We went into a public-house in Mansford Street and I paid for five drinks with a sovereign, out of which I paid the two shillings. After we left we went to the corner of Ware Street. Then one of these men seemed to suspect something, and they said, "Good night" to me and commenced to run away. I saw the two policemen running after them. One of the policemen same back shortly afterwards blowing his whistle. Then the other constable came rushing up and knocked me down, and I dropped the two puppies from under my coat and they told me I should be charged with stealing the two puppies. I said it was all a mistake. I was then taken to the policestation. A constable afterwards told me he had found the man the puppies belonged to.
Cross-examined. I had known the man Alf since last summer. He told me he lived somewhere in Dove Row. He is to be seen every
morning in Club Row. Prosecutor was present when I bought one of the puppies. I am not calling Alf as a witness. He has not been seen since. I do not remember breaking away from the constable.
Verdict, Guilty of robbery without violence.
Sergeant WHITE, Cambridge Borough Police, proved a conviction on October 26, 1906, for uttering counterfeit coin, and there are numerous other convictions.
Sentence, Four years' penal servitude.
BEFORE THE LORD CHIEF JUSTICE.
(Wednesday, February 3.)
Mr. Hurrell prosecuted; Mr. Huntly Jenkins defended.
ROBERT FRANCIS RUSSELL , manager of the "Enterprise" beerhouse, 3, Dock Street, Poplar. On January 6, about 11.30 p.m., I was in bed, when I heard somebody outside shouting downstairs; I went down to the bar; prisoner was there. He asked for a drink and I refused to serve him; he pulled out a revolver, saying," I'll shoot your fg brains out"; I was then only two or three yards from him'. I heard a click, but no cartridge exploded. I rushed at him and got the revolver away from him.
Cross-examined. Two years ago I met prisoner in a public-house; he had a girl with him; she put her arm round my neck to dance with me and I shoved her arm off. Prisoner and I had a few words and he threw a glass at me. I have been a fighting man; I am exchampion of England. Because I have assisted the police once or twice I have been called a policeman's nark. I met prisoner on January 2; I did not say to him," I have a good mind to punch you on the nose, but I will get the boys to do it on you." All that happened was, I asked him if he had called me a policeman's nark; he denied it, and I said all right; I did not threaten him in any way. On the night of the 6th there were four other men with the prisoner. It is not the fact that as prisoner was leaving, after I ordered him out of the house, I struck him behind the right ear.
LIZZIE RUSSELL , wife of last witness, who was in the bar when pris-oner produced the revolver, corroborated her husband's evidence. Prosecutor did not strike prisoner except when he rushed to take the revolver away.
Cross-examined. Prosecutor was not angry at the time; he hardly ever loses his temper.
Police-constable CHARLES LEA. On the early morning of January 7 I found prisoner detained at the police station. I said, "You will be charged with feloniously shooting at Robert Russell with a revolver, with intent to murder him "; he said, "All right." After my cautioning him he said, "All right; I know; I will make up my own
defence by to-morrow." The revolver produced was brought to the station by prosecutor the same morning; it contained two bail cartridges and an empty one, which exploded at the station.
Prisoner's statement before the magistrate:" I never intended to shoot the man."
ERNEST WENDROTT (prisoner, on oath) said that Russell had accused, him of putting it about that he (Russell) was a policeman's nark, and had threatened him. He had told him that he would put the boys, on, and on the 2nd he had been assaulted by some fighting men; he was, therefore, going in fear of his life. On the night of January 6 he went to Russell's place to get the matter settled. Directly Russell saw him in the bar 'he rushed round like a madman, saying, "Get out of this," and struck witness several blows in the neck. Witness then pulled out the revolver; he never raised his hand; he produced, the revolver only to frighten prosecutor.
Cross-examined. I did not say to Russell, "I will shoot your brains out." I had got the revolver only ten minutes before, and before going to prosecutor's house I had purposely pushed the rammer in so, that it should not go off.
Verdict, Not guilty.
Prisoner pleaded guilty to an indictment for assault, in presenting the revolver at Russell.
Police evidence proved three convictions against prisoner for minor offences; he works hard in the daytime, but is the nightly associate of the worst characters in the East End.
Sentence, Twelve months' hard labour.
Mr. Leycester and Mr. Oddie prosecuted; Mr. Eustace Fulton defended.
In this case the body of the child, wrapped in a parcel, was found under the seat of a railway carriage at Richmond. It had died from suffocation. When waited upon by a police officer and told she would be arrested for the wilful murder of her newly born child found in a train, she said, "Yes, I had it (here all alone; nobody knew about it; I wrapped it up in cloth and hid it till I went to my uncle's at Reading; I took it with me from Battersea Station and left it in the train. "Another statement by prisoner was," I had a baby last Wednesday week; it was born in Francis Street about two p.m. No one knew of it; I delivered it myself; it was born alive; I wrapped it up in a piece of cloth; it was then breathing; it was: a little alive when I tried to burn it; I put it on the fire; I then wrapped it in paper and hid it in my box; I left it in the railway carriage."
The Lord Chief Justice, at the conclusion of the case for the prosecution said that, after careful consideration, he thought that the evidence on the charge of murder was very slight, although, there was the strongest evidence of concealment of birth.
Mr. Leycester said the felt that there were difficulties in respect of the charge of murder, and, after his Lordship's expression of opinion, he would not press that charge.
Mr. Eustace Fulton agreed that he could not resist a verdict of concealment of birth.
Verdict, Not guilty of murder; guilty of concealment of birth.
Prisoner (who has been in prison for seven weeks) was sentenced to eight months' hard labour.
Mr. R. Wilkinson prosecuted; Mr. J. H. B. Fletcher defended.
JOHN ABRAHAM EVERETT . I keep an off-license house at Hounslow; prisoner is my son; in December last he was staying with me. On the 29th I gave him 5d. to pay for some papers; a little while afterwards I happened to see the man who should have had the money and found it had not been paid. I asked prisoner what he had done with the money; he gave an evasive answer and refused to give me the money. He then attacked me, trying to put his fingers down my throat; I struck him; he went and got a carving knife and stabbed me in the arm.
Cross-examined. Prisoner had been out of work for some time. He has rather a weakness for drinking. On the day in question he had been out looking for work; the ground was covered with snow. Thinking how cold he looked I said to him, "Harry, you can have a glass of ale, but mind you don't have too much." When he stabbed me he was not sober, but I should not call him exactly drunk; he was in an irritable state; he was no doubt under the influence of drink, else he would not have done what he did.
JAMES CLACK . My house is opposite that of prosecutor. On the evening in question I was called over by prisoner's mother; on getting to their house I saw prosecutor on the floor of the kitchen and prisoner kicking him. As I went in prisoner deliberately threw a brass candlestick at me, which missed me. I got hold of the old gentleman and took him outside to come to my house. Prisoner followed us; he had a carving knife in his hand. He said, "Your time 'has come to die," and then stabbed his father. I closed with prisoner. A man named Carter came to my help, and we got the knife away.
Cross-examined. Prosecutor was quite sober; prisoner was drunk and very quarrelsome.
Police-constable ARTHUR ANDREW, 458 T. On the evening of December 29 I was called to prosecutor's house, where I found prisoner detained by Clack. He was under the influence of drink and very excited. I noticed blood on his collar and on his forehead. I said, "What have you been doing?" He said, "I stabbed him; I meant to kill him. I will murder them all; let me get at them."
Cross-examined. I think prisoner was hardly in a state to know what he was talking about.
Sergeant BARNETT HILL, 17, T Division, Prosecutor was brought, to the station on the evening of December 29. He was bleeding profusely from a wound in the arm, and almost in a state of collapse.
LOUIS WHITE BILLAND CHRISTIAN , police divisional surgeon. I examined prosecutor on the evening in question. He had a punctured wound on the back of the left upper arm; it had penetrated into the muscle and severed a fairly large vein. He had lost a lot of blood. Had it not been for a tourniquet applied in time by the last witness I think he would have bled to death. The wound may have been caused by a knife such as that produced; there must have been considerable force employed.
Verdict, Guilty of unlawful wounding.
Sentence: Nine months' hard labour.
Mr. Purcell prosecuted. Mr. Sands defended.
MABEL MURIEL MURRAY . I am cook, in a situation in Camberwell Grove. I have known prisoner about nine months. On January 17 he came to my master's house in the evening; we were together in my room for about two hours; he pushed me on to the bed and put his hand on my throat and said he was going to strangle me. I got away from him. Later on we were in the kitchen. He picked up a knife and said, "Suppose I was to?" I went up the area door. He followed and caught me on the steps. He took hold of me from the back and I felt him cut me with the knife across my throat and face. I screamed and someone came and took him off me. He has on several occasions threatened to take my life. He said he was out of work and saw no prospects, and that he did not want anyone else to have me.
Cross-examined. I was not engaged to prisoner; he had asked me to marry him, and if he had kept in work it is more than likely that we should have been married. After a time I found I did not care for him very much, and I told him I should, go out with somebody else.
HENRY GILBERT . On January 17 I was in the house at Camberwell visiting the housemaid, while prisoner was visiting prosecutrix. I had just left the house when I heard a scream. I turned and saw prosecutrix rushing up the steps; at the top step she fell, and prisoner caught hold of her and they were struggling together. I rushed up and pulled him off; as I did so a knife dropped out of his hand. He said to me," I wonder if I have done her in."
Police-constable THOMAS CURTIS, 35 P. In the early morning of January 18 I saw prisoner in Draycot Place. I said, "What is your name?" he said, "I have no name." I said, "I believe you are Arthur Bird, and I am going to arrest you for attempting to murder your sweetheart last evening." he said, "You have made a mistake." On the way to the station he said, "How is she?"
Inspector ALBERT HAWKINS, P Division, said that when he told prisoner at the police-station that he would be detained for wounding his sweetheart, prisoner replied, "Well, I have done it and shall have to put up with it."
CHARLES COOPER CRIPPS , surgeon, 195, Camberwell Road. I examined prosecutrix on the night of January 17. She was suffering from a wound across the jaw on the left side; she also had a wound on the right side, cutting through the angle of the mouth about an inch and a half outwards horizontally, a small superficial wound under the lip, and another wound on the left arm. There must have been three separate blows. The wounds might have been caused by the knife produced.
Cross-examined. The severity of the wounds would naturally have been increased by the struggling of the girl.
WILLIAM J. C. KEATS , surgeon at Camberwell Infirmary, to which prosecutrix was sent by the last witness, similarly described the nature of her injuries. She has now quite recovered, but she is permanently disfigured.
The Lord Chief Justice directed the Jury that there was no evidence of intent to murder.
Verdict, Guilty of wounding with intent to do grievous bodily harm.
Sentence, 18 months' hard labour.
BEFORE THE RECORDER.
(Wednesday, February 3.)
USHER, Alfred (26, paper-hanger) pleaded guilty , of breaking and entering the dwelling-house of Jonas Gleizman and stealing therein one ring case, the goods of Arthur Green, and two scarf pins and other articles, the goods of Samuel Gleizman ; assaulting the said Arthur Green with intent to resist his lawful apprehension.
Previous convictions proved: North London, August 14, 1906, three years' penal servitude and two years' police supervision for receiving stolen property, now having 272 days to serve; four previous convictions were then proved, one of 18 months'. Said to be a professional housebreaker.
Sentence, Five years' penal servitude for housebreaking and Six months' hard labour for assault, to run concurrently.
Having been three weeks in custody, prisoner was sentenced to two days' imprisonment, entitling her to immediate discharge.
Sentence, each prisoner, Six months' hard labour.
Both prisoners confessed to having been convicted at this Court on November 19, 1907, of shopbreaking, Riley receiving 10 months in the name of William Scully, Reeves receiving nine months at the same time for the same offence.
Sentence, each prisoner, 18 months' hard labour.
HARVEY, James (27, clerk) pleaded guilty , of burglary in the dwelling-house of Ellen Ingpen, and stealing therein one clock and other articles, her goods; feloniously causing grievous bodily harm to Albert Bolton, with intent to prevent his lawful apprehension.
Prisoner confessed to having been convicted at Clerkenwell of felony on February 6, 1906; he (had also been convicted at North London on February 6, 1906, receiving six months' hard labour for stealing £35 and six months' for conspiracy to defraud, consecutive; on July 26,1907, at Marlborough Street, three months for obtaining charitable contributions by fraud; November 5, 1907, Winchester Assizes, 15 months for forgery. Known as the associate of noted criminals.
Sentence, Five years' penal servitude for burglary; Three years' penal servitude for feloniously wounding, to run concurrently.
RICHARD BOSTON , 7, Clifton Villas, Camden Town. On the early morning of January 10 I was going home, when the prisoner came across to me and asked for a light. I put my hand in my pocket, when two men jumped out of a gateway and caught hold of me, while the prisoner snatched my watch, value 40s., and leather guard. I turned round and said "I know you"—I recognised him as a man I had seen about Camden Town selling flowers. I then received several blows about the head and face from all three men, fell to the ground and lay there two or three minutes dazed. I got up, felt in my pocket, found that 5s. in silver had been taken out of my purse, which was in my left trouser pocket, and the purse put back into my right-hand coat pocket. The men 'had run away. I gave information to the police and a description of the prisoner. On Thursday morning; I, picked prisoner out from nine men at the station. I am sure he is the man.
Cross-examined. Prisoner asked me for a match in Clifton Villas at about 12.30 a.m. I was alone.
Police-constable MASK DILLON, Y Division. On January 11 I received information and a description from prosecutor. I arrested prisoner at his house at 2 a.m. on January 14. I had made inquiries at prisoner's house and was informed he would not be at home till then. I told him the charge and mentioned what was missing. He said, "Do you expect to find the fg watch now? You would like
me to tell you who the other two were, wouldn't you?" I had mentioned the other two men. He said, "You are paid for finding out, aren't you? Get on with it." On the way to the station prisoner said, "I only was discharged from Pentonville Prison on Monday morning last." When put up to be charged he said, "I do not know anything at all about the watch." He was charged, and then he said, "Yes, where was it?" I said, "Clifton Villas." I have known prisoner for ten years as a hawker of flowers.
Prisoner stated he did not wish to call the warder of Pentonville Prison—that he had told the officer he came out on Wednesday.
JOHN THOMPSON , divisional surgeon, Y Division, Somers Town Sub-Division. On Monday, January 11, at 8.30 p.m., prosecutor called at my surgery and said he wished me to examine him. I found he was suffering from a severe contusion on the left ear, contusion and abrasion on the nose, and a contusion on the right side of the top of the head. He complained a good deal of pain in the ear, and it appeared painful to the touch. He was not able to go to work as a piano worker. He is all right now. The injuries were in my opinion caused by blows, not by falls.
Prisoner: Of course, I can only say the police-constable has been trying to swear my life away ever since I have known him.
Verdict, Guilty. Prisoner confessed to having been convicted of felony at Clerkenwell (Police Court on February 25, 1907. He was proved to have had 31 convictions for petty larceny, assaulting the police, assault, drunkenness, begging, etc. He came out of Pentonville on January 6, 1909, after serving a sentence of two months' hard labour.
Sentence. Three years penal servitude.
Sentence, Two days' imprisonment.
TRICKS, Walter (56, tailor) ; unlawfully making a false and defamatory writing against Susan Straker Donkin, and maliciously publishing and causing the same to be written and published in the form of a letter directed to the said Susan Straker Donkin.
Mr. Bodkin prosecuted.
SUSAN STRAKER DONKIN , "Albemarle," Wimbledon Common. My father is a justice of the peace. I am the only daughter living at home with him. For four or five years I have been receiving letters by post signed" W. Tricks," which I burned. I know nothing whatever of the prisoner. On January 4 I received a) letter signed in the same way in a similar writing to those I had destroyed.
Sergeant THOMAS TAYLOR, T Division. On January 9, 1909, I served the summons in this case on prisoner at 12, Harwood Road, Fulham, where he occupies one room. I read the summons and fully explained the nature of it to him. It charged him with publishing
a defamatory libel on Miss Donkin. He said, "I know nothing whatever about it. I do not know anyone of the name of Donkin. I must see her. I suppose I can get her address at the police court. I have never seen her." On January 13 I received letter produced, took it to the prisoner at his lodgings, and said, "I have seen Miss Donkin" and was showing him the letter, when he said, "Yes, he had written that and wrote to her explaining it was only a joke—only meant for amusement—the sending the package." He said, "That is the letter I wrote—that is my letter." Looking at Exhibits 2 and 3, in my opinion the writing is exactly the same as the writing on the red cover of the box and is that of the prisoner. Exhibit 4 is in the same handwriting. At my visits at his lodgings prisoner said nothing about any other lady. At the West London Police Court prisoner handed card produced to the magistrate of "W. Tricks," with some writing on, which is similar to that of the letters produced.
Cross-examined. I did not say "Donkey"! I said "Donkin"; I read the summons to prisoner.
SUSAN STRAKER DONKIN , recalled. I received letter (Exhibit 2) inside a package on January 4; the writing is the same as that of the letters I have destroyed. The previous letters were in a kind of impertinent, amorous, foolish verse: The packet received on January 4 contained a red cover, a Christmas card, and a piece of verse writing addressed from 12, Harwood Road and signed" W. Tricks." I showed those to my father, and on January 8 went to his solicitors. On January 9 I received letter (Exhibit 3), in the same writing, from" W. Tricks, 12 Harwood Road," expressing his sorrow and stating it was only meant for amusement. On Sunday, January 10, at 9.30 p.m., I was at home, when the footman brought in a message. I went down in the hall, not knowing who was there, and, seeing the prisoner, then went back for my father, who came down with Miss Tennier, a visitor in the house. The prisoner was there and my father spoke to him. I am called familiarly in my family "Toty." My father is abroad. On January 14 I received another letter from "W. Tricks, 12, Harwood Road," in the same handwriting, addressed to S. R. Donkin, Esq., stating that the letters were intended for another person. On January 15 I gave evidence at the police court, when prisoner handed up a card with the name of Delcomin on it. Miss Delcomin lives in the next house to me and is here to-day. I am in the habit of walking on Wimbledon Common. We have lived there for a great many years.
Prisoner. I never knew Miss Donkin before. It was not intended for her. I never heard the name before I saw it on the summons. The other party I have known for 12 years.
ALBERT GEORGE BLYTH , footman to Mr. S. R. Donkin. On Sunday, January 10, 1909, at about 9.30 p.m., prisoner came to the door and asked for Miss Susan Straker Donkin. I said, 'Have you an appointment with Miss Donkin, as you are so very late?" He said, "No." I asked him his name and he said "Tricks." I asked him into the hall and saw Miss Donkin, who came down, but did not
peak to the prisoner. He then asked me had I found Miss Toty Donkin. Mr. Donkin then came down and I left.
Cross-examined. I did not hear prisoner say he had never seen the lady before.
MARION TENNIEL , South Hilton, near Buxton. I know the Donkins and stay with them. On January 10 I saw prisoner in the hall, Miss Donkin having just come downstairs. Then her father came down. He said to prisoner, "Are you the scoundrel (or "rascal") who has been writing to my daughter?" Prisoner began to apologise, said he was very sorry it he had said anything he did not like; he wished to apologise, it was all a mistake. Mr. Donkin was very angry and said, I will have nothing to say to you. You will be sent to prison for 12 months and whipped every day." Prisoner was then shown out.
HENRIETTA CAROLINA DELCOMIN , "Feltham," Wimbledon Common. I live next door to Mr. Donkin. I recognise the prisoner. I first noticed him 10 or 11 years ago, when I was coming out of church. I have seen him frequently since. He followed me and a lady friend home last Sunday afternoon; he has done that numbers of times to me and to other ladies who were with me. He generally muttered something which, I could not hear. We used to try and wait for him to pass and he would not pass on. The Recorder. What is the libel here?
Mr. Bodkin. Whether it is a libel is, of course, for the Jury. The letter conveys an innuendo that the prosecutrix is an immodest and immoral girl—a reflection on her moral character.
The Recorder. I will ask the Jury whether the libel bears that innuendo.
Verdict. We find him guilty of libel, but we do not think him responsible for his actions.
Dr. SCOTT, of Brixton Prison, stated that the prisoner had insane delusions and was of unsound mind, although sufficiently intelligent to follow the trial.
The Recorder. I will postpone sentence till next Sessions, prisoner to remain in custody, the interval to be utilised to take further medical opinion, with a view to ascertaining what really is the state of his mind. I think he ought to undergo proper medical treatment; he seems to be a lunatic.
BEFORE THE COMMON SERJEANT.
(Wednesday, February 3.)
Verdict, Not guilty.
HUBBARD, Henry William (21, agent) ; feloniously obtaining by means of a forged telegram, knowing the same to be forged, on September 18, 1906, the sum of £8 from Alma Edward Chine with intent to defraud; feloniously endeavouring to obtain by means of a forged telegram, knowing the same to be forged, on October 9, 1906, the sum of £4 from the said Alma Edward Chine with intent to defraud; feloniously obtaining by means of a forged telegram, knowing the same to be forged, on October 16, 1908, the sum of £14 from the said Alma Edward Chine with intent to defraud.
Mr. Forster Boulton, M. P., prosecuted.
ALMA EDWARD CHINE , turf commission agent, 2, Coalfield Road, East Ham. I do not recognise prisoner. I never saw him until I saw him at Bow Street. I have had dealings by correspondence with a man bearing prisoner's name from two addresses, 59, Lyall Road, Bow, and 19, Rockmead Road, South Hackney. When dealing with fresh customers I always send them a copy of my book of rules. In that book it is stated that bets not exceeding £2 may be made by telegram up to the advertised time of the starting of a race. On September 16 last year a race called the Southfield Welter Selling Plate was run at Great Yarmouth, four o'clock being the advertised time. A race seldom starts at the advertised time. The race was won by Lubin. Lord Hastings was a horse entered in the race. It had been arranged that telegrams from prisoner should be signed "Gazette." The odds against Lubin were 4 to 1 On September 16 I received a telegram from prisoner signed "Gazette," addressed to" Alanaban." my telegraphic address, and was as follows," Box (put me £2 to win on) Lubin or Lord Hastings. Gazette." The telegram being marked by the Post Office as handed in at four o'clock, that was a valid bet. If Lubin had not started the 'bet would have been on Lord Hastings. For a place bet the word would have been "Boxing." As Lubin won I had to pay £8 and I credited prisoner with that amount. Rule 50 relates to the time of despatching. "Telegrams for sums not exceeding £2 each way can be despatched up to advertised time of race. One minute later will disqualify." I adhered strictly to that rule I sent prisoner the account at the end of the week with a cheque of £8 19s. 1d. in settlement, drawn September 18, 1906, on the London and South Western Bank, East Ham branch. That cheque included the £8 I had lost on Lubin, and has been paid in the ordinary course by my bank. It is endorsed" H. Hubbard."
To Prisoner: I have no copy of the account. When you wrote to me to open an account I sent you on my book of rules and accepted you as a client. Rule 21 of my rules says, "No account will be knowingly opened for any business transaction for any person under age, nor a pupil at a school or college." I had no reason to suppose you were under age as in the letter you wrote me you stated that you were manager of the business place you opened the account from, and. I thought that was good enough. The cover of the book of rules I sent you was different, but the contents were exactly the same. I belong to the Bookmakers' Protection Society. I first complained to the Post Office because there was a long delay in respect of one of your telegrams which was handed in at 1.59 p.m. and not received until 3.20. The Post Office sent a reply later to say that everything
was genuine. They did not say a long telegram had just previously been handed in or give me any particulars at all; they said they could not trace any fraud. I continued to do business with you for about six months. The last wire I complained about was on October 10, and since that time I have refused to accept business by telegram and have only done business with you on the telephone. I complained to the Post Office on two or three occasions. The telegram of October 10 was handed in at 2 p.m. and received at East Ham at 3.2 p.m. I continued business with you after that till the end of November, but only by telephone, because I did not know whether everything was straight or not. I did not think you were extraordinary lucky, but I did not like the late wires. It was unusual for every wire to be delayed so much. I expect the Post Office replied that the delay was due to pressure of business. If 20 wires are handed in at once, that, of course, makes pressure of business at the place where they are handed in. I may have said I would continue to do business by telegram so long as I got the wires before the race. I did not agree to follow the bets you made by betting with my own money because you told me your information was "hot stuff," meaning that you had certain private information, and were working starting price commissions for people. After you were backing by telephone I still continued to suspect the telegrams, although possibly you won more money backing by telephone. I remember that in the last week of the flat-racing season I wrote to you and said I would not accept any commissions from you over the" sticks" (hurdle-racing season). The reason of that was I did not want to do any business. I wrote to others just the same because there is not enough business in the hurdle season to execute all these commissions. Of course, if I cancelled your commissions the business would be less, but you were not very prompt at settling; that was the principal reason I did not require your business. I did say to you over the telephone that I was not going to bet with you over hurdles because you had "certs." (certainties). You were backing starting-price commissions. I received a circular from Belton, the Editor of the "Turf Commission Agents' Gazette," asking me if I had any dealings with you to communicate with him. I did not communicate with him; I did not trouble about it, I suppose. I had my own suspicions as to your being a" wrong 'an" and they did not require to be strengthened by communicating with Belton. I do not remember whether I did any more business with you after receiving the circular. I did business with you until the last week of the "flat." I cannot say when I first became suspicious of your telegrams.
EMILY COUSINS , assistant, Albany Street Post Office. I saw the telegram produced (Exhibit 9) on September 16. I dated it. It was handed in at 3.58 p.m. It contained 140 words. I remember that it was handed in by a man, but I cannot identify him. He came back in about two minutes with five short messages. I identify the telegrams by the code address and the number. The address is "Alanaban, London". "The "D" in the left-hand top corner signifies four o'clock. The messages were actually put on the wire at 4.16.
The number of words was originally six, which was afterwards altered to eight. Between four p.m. and 4.16 p.m. the man came back and asked if he might have the messages. Four of the. short messages were returned to him, and he wrote the words, "Lubin or" before "Lord Hastings." One of the telegrams was addressed 2, Marsham Street, Westminster. In three of the telegrams I altered the word "6" to "8" and the other from "11" to "13." I sent off part of the long telegram of 140 words. It was so long that the other clerk relieved me. I did not send that one off first as they were not ready to receive it, so I sent off one of the shorter ones. There is a telephone "call" office about six doors from the post office on the same side of the way, and one nearly opposite. I should, of course, have altered the time of delivery after the telegrams had "been altered, but I did not then know that rule.
PERCY HAYWARD BELTON , 31, Meredith Road, Barnes, commission agent, City Bank Chambers, Bedford Row, W. C. I have known prisoner about two years. At that time we were both employed in the office of Messrs. Trace and Pursey, turf commission agents, 15, Jermyn Street. I know his handwriting, and identify the originals of the long telegram and of three of the short ones as written by him.
MARY RADLEY , confectioner, 2, Marsham Street, Westminster. I know prisoner under the name of Wilson. I picked him out at the police station from a number of others. I first saw him last year during the summer months. He came to my shop and asked if he might have letters addressed in the name of Wilson. I agreed to that, and made a charge of one penny per letter. Letters and telegrams came to my shop addressed" Wilson." The arrangement was that he should call for them himself, and he always did call himself.
HERBERT HIGGINS , telegraph clerk, employed by the Column Printing Company, 20, Orange Street, Leicester Square. The company has a number of subscribers, and there is a tape machine on the premises, and one operation communicates with subscribers who have tape machines all over London. I remember the South Dene Selling Plate Flat Race at Yarmouth on September 16. Messages from the course reach us by telegraph and telephone, and copies of them are kept in the office. The document produced (Exhibit 24) is the message written by the operator on receiving the news in London that Lubin had won the South Dene Welter Handicap. It was written by my colleague in my presence, and is marked as having been received at 47 p.m. I sent it over the tape machines Immediately. We have our own correspondent on the course at the Grand Stand.
WILLIAM EDWARD STRAFFORD , clerk in the Investigation Department of the General Post Office. I have made inquiries with regard to a number of telegrams that have been despatched from various offices in London, amongst others from the Albany Street office, N. W. As the result of those inquiries I saw prisoner at his house, 19, Rockmead Road, Homerton, on January 5. I asked him if he was Mr. Hubbard, and he replied, "Yes." I then told him I was an officer from the secretary's office, General Post Office, and that I had been instructed to make inquiries respecting his telegrams. I produced
three telegrams (Exhibits 1, 2, and 3) and asked if they had been sent by him, and he replied,; Yes. "I showed him particularly the" Box, Lubin or Lord Hastings, Gazette "telegram. He said he was quite willing to answer any questions to me. After that reply I cautioned him and said, "It is stated by the clerks who accepted these telegrams that you subsequently obtained possession of them and inserted certain words. It is suggested that in the interval you had obtained knowledge of the results of the races betted on, and that you made bets on known winners. Have you anything to say?" He said, "Whoever tells you that is very far from the truth. I have had a lot to do with back-coding telegrams, out they must have made a mistake. I wish the bookmakers would pay me the money they owe me." That was all he said at the time. I took it down in writing as he said it. When he had finished I read it over to him. He said, "You do not speak of things in a technical way. If I sent my servant out with a telegram and you asked me who sent it I should say I sent it." I did not make any reply to that. I said, "What I have read are the replies you gave to me." I then gave him into custody. I was accompanied by Detective Caldecott, of the Metropolitan Police.
To Prisoner. I first received complaints respecting delayed and altered telegrams on September 26 by letter, from Mr. Chine. He complained again on October 8 and October 10. An ordinary complaint would be dealt with by the ordinary staff if there was no reason to think that fraud was being committed; if there was any reason to think there was fraud it would be passed on to me. I made inquiries respecting the whole of the telegrams sent to me. I started to make inquiries concerning your telegram about the middle of September and went back as far as there was any record of the forms being kept. I had nothing earlier than the beginning of August. The July forms had been destroyed. I was just in time to save the August ones, and I found that in August the telegrams had been in every case preceded by a long blocking message. The shorter messages consisted of eight or 10 words. I do not know it is the practice of "job merchants" to hand in a long message and before they hand in their other messages.
Prisoner explained to the Court that by" job merchants" he meant people who back starting price jobs, the object of backing at starting prices being that information as to what was being done should not get to the course.
Witness, in further cross-examination by prisoner, said he did not know that that was the practice of betting men. He knew a fair amount about betting and racing men and a good many bookmakers, but he had no knowledge of people who had backed" jobs." He had not known oases where the telegraph girl had made a mistake in coding the time of the messages, but, of course, such a thing was possible. He had known cases where racing men had written to say they would not pay because telegrams had been timed after the race. In such cases the girl had usually insisted that she had correctly coded the message. When he went to the post office to make inquiry he also made inquiries of the telephone people round
about. There were two telephone offices in Albany Street, one four or five shops on the same side of the way as the post office and the other almost opposite. In a country place a telephone office might be some distance away, and in a village there might be no telephone at all. He inquired at the telephone office in Albany Street and found they had no record of any call on that particular day. He had never heard of any previous complaint that the Albany Street office was being used for betting frauds. If there had been such a complaint he would probably have heard of it. He had not heard of cases where the operators had been acting with the senders of the messages.
Re-examined. I found in all these cases that I inquired into where betting telegrams had been sent that they had been preceded by a long blocking message. About 15 messages had been addressed to 2, Marsham Street, W. It was in consequence of betting frauds of this description that attention was called to the rule that telegrams banded back to be altered must have upon them the time at which they were finally handed in. That has really been the rule for many years, but it was emphasised in consequence of these betting frauds.
(Thursday, February 4.)
RALPH FREDERICK CALDICOTT , detective officer attached to the Post Office, gave evidence as to taking prisoner into custody and stated that at places where prisoner had been employed he was given an excellent character.
HENRY WILLIAM HUBBARD (prisoner, on oath). I was approached some time in June by a man that used to come to the office that I was employed at and he asked me if I would do commissions for him, put money on for him. I said I did not mind, but I thought it over for a time, because he was rather what you would call a clever racing man. I had never been used to putting money on for people before, and finally I did not see why I should not. Then I wrote to different bookmakers to open accounts with them. Several replied and said they would do business with me, sent me their rules, and took me on as a client. I had several bets with them for myself. And I bet for this man when he asked me to put on a fiver or a tenner. He said to me, "You know the stuff is 'hot,' and you do not want to let the bookmakers get information as to bets before the time of the race and so spoil the market." I thought about it and said to myself," Now how can I do that?" So then I hit upon the plan of handing the long dummy message in before handing the ordinary betting wires in. I have heard of the same thing being done in other kinds of business, and that was where I got the idea from, the object being to take up the operator's time so that the messages handed in before the race would not be delivered until the race was won. There have been cases in which the start of a race has 'been delayed half an hour. The majority of the bookmakers have private
wires down to the course, and if you hand in a message, say, at 10 to two for a two o'clock race they are liable to get it before the race and send it down to the course, and that would spoil the job altogether. On December 16 I went and called upon this man, whose name is Davis. He had previously been at the office and said he wanted to join the Bookmakers' Protection Association. I found he was living in a boarding house, and I suppose he was one of the reporters who had come down to see what the place is like; he was not a bookmaker at all. He had previously asked me to ring him up, and said if I did so he would tell me what was going. Sometimes he would tell me nothing and sometimes he would tell me to back a horse. On September 16, I believe, I rang him up and asked him if there was any job in this race and I think he must have said "Yes, two jobs, Lubin and Lord Hastings." (I used to write these long telegrams out in the morning. I used to get the "Sportsman" or the fourth" Star" and make it a practice of writing all the horses' names down. I suppose I went into the Albany Street post office about seven minutes to four and I handed this long message in. Then I came out again and handed in four or five short messages. I also handed in one addressed to myself in another name to a convenient address I used to use for another business altogether. A couple of months before, when I had done the same thing and handed five messages in without sending one to myself I found out from the bookmaker that they had been timed three minutes after the time. I received a whole batch of accounts from the bookmakers at the end of the week charging me with horses when that ought not to have been the case. The girl must have made a mistake in timing the messages. For that reason I started to hand a long message in so that I could test the time. One of these messages was sent to Alma Chine, but it was really too late according to the bookmaker's receipt. One minute after the race disqualifies the bet. One bookmaker who was honest admitted that there had been a clerical error. That is the reason why I made it a practice to hand in one wire either to my own address at 59, Lyall Street or under the name of Wilson, addressed to Marsham Street. As to this Lubin bet. Chine credited me with it. On the day in question,-1 did not go back to the post office after I had finished my business, which was before four o'clock. At the police court the prosecution alleged that I had twisted the bookmakers about a horse called Slim Lad. It has been tried to be made out there was something dishonourable in my having the convenience of this lady's address (Marsham Street). In some of the cases where they say I have" twisted" them I have lost money to the bookmakers and have not received any money at all, and this money that they say I have received has not 'been my money, as I paid it to the other man. I Know it looks suspicious that I should hand these long messages in, out I have only done so that the bookmakers should not receive the messages before the time of the race. Some of the bookmakers down in the country would be only too pleased to get wires before the race.
Cross-examined. The office where the man came to me in June was at 3, Adelaide Street, Strand, the" Turf Commission Agents' Gazette."
I was not employed in a regular sense. I went there to help a man get in his debts. All his books were upside down. In the first two months. I was in his employment I collected £250 for him. He paid me a small commission for about three months. The paper was connected with a society to warn bookmakers against such, betting frauds as back-coding telegrams. At this office I got to know about betting frauds. It was part of the business of the office to find out these frauds, and it was known in the office what kind of frauds were going on. Of these we were informed by bookmakers. It was not in this office I learnt to carry out this particular fraud of the blocking telegram. I never carried out any fraud at all. I did not there learn this system of back-coding, but I learned that there was such a thing as getting in league with clerks at the Post Office for them to keep messages back until a race was run and then time them. That is what I thought they said I had been doing. I had read of cases in the paper about it. Bookmakers who have come to the office told me that they had sent these long-blocking messages. The name of the editor was W. A. Belton, Percy Belton's father. The bookmaker I have mentioned as having done commissions for came down to the office and said. Halloa! Is the governor in?" Belton was in. Belton went on to praise up what they were doing for bookmakers, and the man said it was just the thing and a fine institution. The name of the man who came into the office was Kingswell, but that was not the name he gave to Belton. He mentioned the name of a client who Belton said was the greatest rogue in creation. He said, "Do you know a Mr. Kingswell?" Belton went on to say that he did know a Mr. Kingswell, and showed all the cuttings of what they had said about him in the "Gazette." Then this fellow turns round to Belton and says. "Do you know him personally?" and Belton said, "I should know him in a thousand." Then Belton was asked, "Would? you know him if you saw him?" and Belton said, "I should think I would." Then he turned round, using some language, and said to Belton," You are a liar; I am Mr. Kingswell." I do not remember what name Kingswell gave when he came to the office. I knew the opinion Belton; had of Kingswell and that he was writing in the paper about him. I had never seen Kingswell in my life before. Kingswell is the man who came to me some time afterwards and asked me to put money on. I knew Belton thought he was a thief, and he had been described in Belton's paper as one of the biggest rogues in creation. A few months afterwards Belton came out with an apology and said he had made a mistake; Kingswell was as good as gold. When this man used to come up to the office Belton used to say, "The 'Gazette' will be out next week," and put him off every week until he "Gazette" did come out. The "Gazette" was a paper that was published when the publishers would publish it. I suppose they would not publish it until they were paid. When this man came in June he asked me to put some money on horses for him. I can give no reason why he should not put it on himself unless it was that the bookmakers did not want to bet with Kingswell and did not care to have his custom because it was backing "jobs," and they were full
up and did not want any more money. They took my money because they never knew I was on, the job, as I was a fresh hand, and it took them a little time to discover it. Belton in the "Gazette" gave Kingswell an excellent character and said he would be responsible for any money he lost. It is difficult sometimes even for a man who has got money to find a bookmaker to take a bet and open an account. This man Kingswell was dealing in "hot stuff." I do not mean by that that when he bet he was 'backing a sure winner; but the expression means that a horse is out to win if possible; he is trying to win. There may he half a dozen horses in the race not trying, and when a horse is "hot" it is supposed to be a good thing. The object of sending these blocking telegrams was to prevent the racing public getting to know that the horse-backed was a good horse. If a 20 to 1 horse was largely backed the bookmakers would know it was a job. I should think the Mocking telegram I sent on September 16 would take about 15 minutes to send. The next telegram therefore ought not to be sent till long after four o'clock. Rule 50 says that a telegram making a bet must be despatched before the race is timed to start. It is nothing to do with me when my telegrams were sent, because I had handed my telegrams in before the stipulated time, and I cannot help what the Post Office do with telegrams. I will swear that when I handed in the telegrams the words "Lubin or "were on thorn. The telegram produced when I handed it in was exactly the same as it is at present unless it has been altered by somebody else. Miss Cousins in stating that those two words" Lubin or" were added Afterwards is stating something which is not true. I did not have the telegram back nor add the words" Lubin or." Miss Cousins must be telling a lie. The telegrams to Marsham Street were sent as a sort of check on the Post Office. The checking telegrams would not necessarily contain the names of horses. In some I said, "I am coming home to-night," or whatever might come into my mind. When I called up the individual for whom I did commissions I used my own name of Hubbard. I used to address him as "Charlie"; that is the man I had known as Kingswell. Then he used to tell me the name of a horse. There might be four" jobs? in the day, and he would tell me to back them. He never told me to call him up in the name of "Charlie." On the day in question I went into the post office twice; the second time was about two minutes to four, something like that. I swear I did not go in a third time and ask for a telegram back again. I never went near the post office after I handed these five short messages in. I do not know at the present moment where Kingswell is. He used to have an address at 107, Shirland Gardens, Maida Vale. As far as I can recollect he was known there under the name of Kingswell. I may have written to him on two or three occasions. His telephone number was No. 70, Shaftesbury Avenue, where he had an office; I have seen him there. I used to pay him money when I saw him, sometimes in the office and sometimes in the street. He did not give me the money to put on; it was credit betting. It was done in my name and I was responible
for it. I cannot say whether this betting on Lubin was for him; it might have been for myself. I do not know whether that £8 was mine or whether it was Kingswell's. As to Davis, the man I have told you about, he is the man that came to the. office. I have seen him occasionally since; I know he is not a bookmaker. I went to see Davis that afternoon because he had been to the office and said he wanted to join the association, and I went down there to tell him what a wonderful place it was, and what we could do for him if he subscribed to the "Turf Commission Agents' Gazette." That is not exactly the same thing as the society. I went down to Smith Street to see him because I wanted to follow him up and explain the thing to him personally. A bookmaker wants some driving if you want turn to subscribe to the" Gazette."
(To the Court.) The dummy telegram cost me 6s. or 6s. 6d. Of coarse it meant nothing, but I did not think 6s. or 7s. was much at the time, as it 'brought in pounds, it was like insuring betting messages against their being "smacked" down to the course; it was just like insuring the telegram so that the bookmakers down on the course would not know that Lubin was out on the job, and especially that Yarmouth should not know that Lubin was on. If it had been known that Lubin was out to win, instead of the odds being 6 to 1 against they would have been 6 to 4 on. I put a great deal of money on that horse with various bookmakers—about £10, I should think. These telegrams were all sent out at the same time. I cannot recollect whether all that £10 was for myself or not; I have not got the papers with me. I do not suppose £10 would alter the starting-price odds at Yarmouth, but if there were 30 or 40 people putting £10 on from different post offices that would be bound to alter it.
Sentence, 12 months' hard labour.
BBFORE JUDGE RENTOUL.
(Wednesday, February 3.)
MCGIE, Daniel George (35, tailor) pleaded guilty , of obtaining by false pretences from Margaret Dougal the sum of 3s. 9d., and from Nina Hammett the sum of 3s. 9d., and from Sir Edward Hope the sum of 10s. 6d.,. in each case with intent to defraud; also to stealing the said sums.
Prisoner was sentenced in October, 1907, to nine months' hard labour; on June 20, 1906, to nine months', and in March, 1905, to three months'. He was a dangerous character, 38 complaints having been received of him since October 9, 1906.
Sentence, Two years' hard labour.
with me I did not know that he was a married man. I hope he will be leniently dealt with. He has been a good man to me.
The police evidence did not disclose anything against the prisoner.
Sentence, Three months' imprisonment.
Mr. Muir and Mr. Bigham prosecuted; Mr. Lunge defended.
EUGENE EDWARD SEYFANG , accountant to Messrs. Sennett, hatters' furriers. Holland Street. Southwark. On February 1 a crossed cheque for goods bought was sent by my firm to S. Frost and Co. for £57 4s. 9d. The cheque is endorsed by prisoner.
FREDERICK WILLIAM BAYLISS , manager to J. R. Histed, canned goods merchant, 43, Eastcheap. On February 18 I sent to S. Frost and Co. cheque (produced) for £56 8s. in payment of account for goods sold and delivered. I produce receipt signed by prisoner.
JAMES FLEMING , clerk in the Kennington branch of the London and South-Western Bank. S. Frost and Co. never had an account with my branch, but there was an arrangement whereby cheques, could be cashed there by them. On February 2, 1907, I exchanged over the counter, for cash, cheque for £57 4s. 9d., and on February 21 another cheque for £56 8s. I produce the exchange slips, each signed by the prisoner.
ALFRED FLECHE , clerk, 132. Clapham Park Road. I work for S. Frost and Co., Limited. The prisoner was assistant secretary at the head office of the firm and supervised the bookkeeping, receiving and informing the cashier of remittances which arrived by post. The invoice produced, debited J. R. Histed, with goods to amount of £56 8s., but in the ledger account they were debited with £32 19s. only. Histed's account is not credited with cheque produced for £56 8s., dated February 18, but on June 8 he is credited with £32 19s.
Cross-examined. Prisoner had under 'his supervision about 40 branches and had to look after all the financial business of the company. The secretary a chartered accountant, named Chandler, or his representative, visited the office every week.
ELLIS HILL , of Ellis Hill and Co., chartered accountants, 79, Mark Lane. In April last I was instructed to investigate the accounts of S. Frost and Co., Limited, which had been partially examined by the company's auditor. There is no entry in the books of the firm of a cheque from Histed Brothers for £57 4s. 9d., nor can I find an; entry or entries of any transaction relating to that cheque, for which Frost and Co. have not received any credit at all. Nor can I find any entry of cheque for £56 8s. In respect of £32 19s. at the debit of J. R. Histed, a similar sum is entered on June 8 as received from him, but I have been unable to trace any cheque from him for that amount.
Cross-examined. Had the books been properly kept, each entry in the bank lodgment book would be represented by a corresponding lump sum in the bank pass book, but, on comparing the two books, I have found that large sums of money received, according to the bank lodgment book, have never reached the bank and considerable sums appearing in the pass 'book are not in the bank lodgment book. I do not agree that" a general muddle" properly describes the discrepancies. If a cashier lodged in the bank, say, £500 of his receipts without any corresponding entry in his cash book, he could thus "square" a deficiency of £500. That, I submit, has been done. I cannot swear that prisoner took the money, for I was not there to see, but money was missing and he was accountable for it. I find paid into the bank amounts with which the prisoner did not credit himself and amounts entered in the cash book, but not received from the persons who are credited with them. These have been put in to balance the bank account with the bank pass book. In a large number of cases moneys have been received practically similar in amount to cheques which have not been lodged. When he squared up his accounts there was in the bank a much larger sum than he accounted for. Prisoner had not to find moneys out of his own pocket for necessary disbursements of the firm. These he could have made out of moneys received from the firm's depots, and at the end of the week a cheque could have been drawn to adjust the cash.
Re-examined. If prisoner was" obliged, in order to pay wages, to cash Sennet Brothers' cheque, I cannot explain why She should not enter that cheque in the cash book. It is untrue that the bank lodgments exceeded the proper amount. There is a shortage of £1,500. Cheques have been received, lodged in bank, but not recorded in the cash book. These amount to £1,607, including Lovell and Christmas's cheque for £510 14s. 2d., for which prisoner gave receipt produced.
GEORGE KNOCK (prisoner, on oath). Since the age of 16 I have been in the provision business, but not as an expert accountant, I had no training as a bookkeeper. The company has about 45 branches. I had to act as assistant secretary, and sometimes as a salesman and a buyer. I had to look after everything, including the branches I had to work from eight a.m.—sometimes six—till midnight or later, and very often on Sundays. During the week I had to make disbursements amounting to £70 or £80, but was not provided with cash for the purpose. I had to borrow at from a branch or find it myself, or cash customers' cheques. I received from Histed the cheque for £57 4s. 9d., which I cashed, or had cashed, on February 2, in accordance with an arrangement at a bank. I am told the cheque is not entered in the cash book. I do not know. I cashed the cheque, and ultimately banked the proceeds; but I could not do so immediately, for I had to use them for that week's expenses.
(Thursday, February 4.)
GEORGE KNOCK , recalled, further examined. There is no doubt that I cashed the two cheques mentioned in the indictment, used the proceeds as petty cash, and banked them ultimately. I cannot explain why the cheque for £57 4s. 9d. was not entered in the cash, book. I lost sight of the cheque after I got it cashed. In respect of Histed's cheque for £56 8s., I entered only £32. This was because some clerk had failed to debit Histed with the full amount, and, in attempting to adjust matters, I credited Histed with no more than the amount to his debit, £32. Before my discharge from the company's service I was very ill. Finding a large surplus in the bank, I accounted for it as best I could by crediting the firm's customers with payments. The representative of J. Beddoes and Son, the company's auditors, knew of these false entries.
Cross-examined. Though 8. Frost and Co. had a wages bill of about £1,500 a week, they were dependent on me for petty cash advances. My private bank pass book shows that in the year preceding that in which I dealt with the cheques in question I received £600 and spent £600, leaving a balance at my credit of £72, though my private income appears to be only £300 or £400. I was dealing on the Stock Exchange.
HENRY MORGAN , of Morgan, Hardcastle, and Morgan, incorporated accountants, London. I have been unable to find in the books of Frost and Co. any trace of a fund out of which cash payments could have been made, hence, to meet the outgoings, prisoner was obliged to use incomings or to find money from some other source, such as his own pocket. The refunding of such disbursements was sometimes postponed till several days after the week in which they were made. In respect of cash payments, prisoner was practically a banker for the company. The method in vogue was very bad. I should say it was inconceivable that the prisoner should lodge £500 in the bank and omit to enter the amount in the cash book with any hope of concealing the omission.
To Judge Rentoul. Not even the, cleverest man in prisoner's position could have misappropriated without discovery the £1,500 mentioned had the accounts been properly audited and the business properly managed.
(Friday, February 5.)
HARRY ERNEST WEST , of J. Beddoes and Son, accountants, auditors to S. Frost and Co., Limited. Prisoner's statement that I knew of his false entries made to balance his books is untrue. In February, 1908, when my audit commenced, the discrepancies came to light, having arisen, I think, in 1907, when another firm had charge of the books. Mine was an annual audit. The fact that £600 worth of takings were recorded in the cash book and not in the bank pass book would certainly come to light, and did come to light, during an efficient audit. The £500 cheque similarly treated would be discovered
while checking the bank in detail. I brought the wholething to light by trying unsuccessfully to agree the bank balance with the cash book.
Verdict, Guilty, with mitigating circumstances, owing to the general laxity of the conduct of the business.
Sentence, Nine months' imprisonment, second division.
BEFORE THE LORD CHIEF JUSTICE.
(Thursday, February 4.)
Mr. Bodkin prosecuted.
A jury was sworn to try whether prisoner was fit to plead.
Dr. JAMES SCOTT, medical officer of Brixton Prison. I have had prisoner under close observation since he was received into the prison on January 7. My opinion is that he has all that time been, and is now, insane and unable to defend himself or to instruct anybody to represent him, or to understand the proceedings at his trial; and that in December last he was insane, so as not to know the quality of any act he may have committed.
Verdict: That prisoner is insane and unable to plead to the indictment.
Ordered to be detained during His Majesty's pleasure.
BEFORE THE RECORDER. (Thursday, February 4.)
Prisoner pleaded guilty of unlawful wounding, which was accepted by the prosecution.
Sentence, Nine months' hard labour.
Hope confessed to having been convicted at Marlborough Street Police Court on September 4, 1908, receiving three months' hard labour for stealing a pair of boots from inside a shop. Two other short convictions of larceny were proved.
Sentence: Hope, 12 months' hard labour; Bryan, six months' hard labour.
After hearing the evidence of Detective-sergeant Batts and of Alice Barnhouse, the Recorder said that this was one of the worst cases of bigamy he had had for a long time. Sentence, Three years' penal servitude.
BEFORE THE COMMON SERJEANT. (Thursday, February 4.)
WOODFORD, Arthur (31, painter), and SIMPSON, George Alfred (35, painter) ; both stealing certain post letters from a post office; Simpson assaulting William Shillabeer, a peace officer, in the execution of his duty, and maliciously damaging a plate-glass window, the. goods of Charles Goff.
Mr. Forster Boulton, M. P., prosecuted.
Police-constable WILLIAM SHILLABEER, 191 P. I was on duty in Lordship Lane, Dulwich, about quarter to two on December 24. Standing in a doorway, I heard someone walking, and when the footsteps ceased I heard voices. Someone said, "How many have you got?" "I did not hear the reply, but I saw something white in the hands of the persons who were conversing. Someone said, "I believe now they are only bleeding cards." Two persons passed the door I was standing in. I followed them to the corner of Frogley Road, and saw them looking at something. They turned towards me and I said, "What have you been looking at?" Both replied, Nothing." I said. "I am not satisfied; I want to see what you have got." Simpson produced from his right-hand coat pocket two letters, which I noticed were dirty, two visiting cards, and a piece of string. I reached out to get hold of the string and found it was sticky. Simpson immediately put it back info his pocket. Woodford said, "You do not suspect us of anything wrong, do you? Why, most of you must know us." (I was in uniform at the time.)" Detective-sergeant Duke has known us a long time. I live at 12. Crystal Palace Road." I did not arrest them then. I kept them in conversation as long as I could, thinking assistance might come along. At the same time I had a good look at them to make sure of them in case they got away. As no one came I said, "You will both have to go to the station," and arrested them. Lordship Lane is a wide thoroughfare with tram-cars, and lighted with incandescent gas. When I arrested them Woodford broke away immediately. I had hold of Simpson, who commenced to struggle violently. He stooped and caught hold of my right leg and tried to throw me, and we both fell against a plate-glass window, breaking it. Simpson then broke away and went in the same direction, throwing as he ran letters into four different gardens. He ran
through Crawthew Grove into Sperling Road, where he climbed a fence and I lost sight of him. In the four gardens I found 15 letters. I identify the two letters produced addressed to Miss Elsie Hammond, 216, Upland Road, East Dulwich, and Mrs. Wailing, 4, Goodridge Road, East Dulwich. The stamps I found on the letters in the gardens had not been through the Post Office. They were afterwards forwarded. On December 25 I identified prisoner Woodford at the police station from amongst eight other men of similar description. I identified Simpson on the 29th.
Detective JAMES MACBEATH, P. On December 29 I saw Simpson at 39, Buchan Road, Nun head, where he lives, and told him we were going to take him to Dulwich Police Station for being concerned with a man named Woodford in stealing letters from the post office letter-box at 93, Lordship Lane on the morning of December 24, assaulting a constable, and breaking a shop window at 49, Lordship Lane. He said, "All right; I will go, but I do not know anything about it. I do not know anyone named Woodford. Where does he live?" I said, "At Crystal Palace Road." On the way to the station prisoner said, "You have made a mistake. I do not know anybody named Woodford." I said, "We are going to put you up for identification, and if you are not identified we will let you go." he said, "All right." He was afterwards identified by Police-constable Shillabeer. On the day of the robbery, just after midnight, I was walking down Lordship Lane, from the direction of North Cross Road towards Crawthew Grove. I saw the two prisoners walking towards the letter-box in question. I had known them both before. They were about 200 yards from the letter-box.
Detective-sergeant ALFRED DUKE, P. About 11 o'clock on Christmas Morning, accompanied by last witness, I went to 14, Crystal Palace Road, where prisoner Woodford lives. I told him we were police officers and were going to take him into custody on suspicion of being concerned with another man in stealing letters from the letter-box at 93, Lordship Lane, on the Thursday morning. He asked at what time, and I told him somewhere about half-past one. He replied, "I do not know anything about it. I was in-doors about seven o'clock Wednesday night, and never went out again. I was queer, and went to bed about. half-past 11." On the way to the station he said, "You have got to prove this." At the station he was identified by Shillabeer without any hesitation. On the 26th prisoner sent for me to the rear of Lambeth Police Court. He then said, "I do not see why I should stand all the racket. I did not assault the constable or break a window. It was 'puddingy' Simpson, so I do not see how you can charge me with that. I had run away before this." On January 1 I received the two envelopes addressed to Miss Hammond and Mrs. Watling.
JOHN GIBSON TUBNER , 32, North Cross Road, East Dulwich, proved posting the envelopes in the letter-box at 93, Lordship Lane, about 20 minutes to one on the morning of December 24. They only bore halfpenny stamps. When posted the envelopes were perfectly Clean and had no marks on them whatever.
THOMAS FREEMAN , sorter, South-Eastern sorting office. The two envelopes already identified and 15 others were handed to me by the police at East Dulwich Police Station on the morning of December 24. The stamps were not obliterated. The whole of the letters were very much smeared with a sticky substance resembling bird-lime. I put them into a piece of paper and took them to the S. E. district office, where they were cleaned as much as possible and stamped with the post-office stamp. I could not get all the dirt off. The stamps were cancelled by the 10.15 stamp, and the letters were posted and sent off.
ELSIE HAMMOND , 216, Upland Road, East Dulwich, and ELLEN WATLING, 4, Goodrich Road, East Dulwich, testified that the letters respectively addressed to them were when received smeared with a sticky stuff like treacle.
FREDERICK THOMAS BAILEY , postman, East Dulwich sorting office. On December 24, at 12.15 a.m., I cleared the letter-box at 93, Lordship Lane. At that time the opening where the letters are put in was quite clean.
THOMAS GEORGE JONES , postman, East Dulwich Sorting Office. On December 24 I cleared the letter box at 93, Lordship Lane, at 3.10 a.m. I found the aperture was smeared with a sticky substance, and there was the same substance on the letters. I cleaned the opening.
ARTHUR WOODFORD (prisoner, on oath). On the night I was supposed to be with Simpson I was ill, suffering from influenza and nervous debility. I was taken into custody on December 25. On December 26 they took me to Brixton, where I was received in the hospital; there I remained a week, four days in bed. As regards Simpson I do not suppose I have spoken to him half a dozen times in the last 12 months.
GEO. ALFRED SIMPSON (prisoner, on oath). On the night of December 23 I went to a; public house called" The Grove Tavern," Lordship Lane, about a mile from the post office where these letters are supposed to have come from. I got there at 10 o'clock and remained till 10.45. Being out of work, I went up there to see if I could get a day or two's work previous to Christmas, but I did not see the man I wanted. I only had one drink and came straight from there through Lordship Lane and turned round by Goose Green Road, passing the office where this affair happened about quarter past 11. From Dulwich Road I went to Nunhead, straight away home, where I arrived a little after 12. I then went to bed. There was no one up. the next morning I came out about 6.15. I went to see if there was any chance of employment at the Board School, which was being done up. Not being able to obtain employment I came home and had breakfast. I poulticed the boils for which I had attended hospital the week previous and rubbed liniment in my sprained ankle.
husband was indoors, and when she went to bed she left him in the kitchen, and he said he was coming to bed. When. she got up next morning he was in bed.
Verict, Both guilty of stealing post letters. The indictment against Simpson for assaulting the constable and damaging the window was not proceeded with, and the jury returned a verdict of Not guilty. Woodford has had three months' hard labour for embezzlement and 18 weeks' for housebreaking. Simpson has not been convicted of felony, but there are four convictions of assault against him and several convictions of drunkenness.
Sentence, each prisoner 12 months' hard labour.
WILLIAMS, Lucy (31, no occupation) pleaded guilty ; of stealing one diamond ring, the goods of Francis Joseph Woods, in a dwelling-house; and stealing one locket and other articles, the goods of Hugh Soeir, in a dwelling-house. She also pleaded guilty to a previous conviction. A long list of convictions was proved, and prisoner was 'described as a consistent and artful lodging-house thief.
Sentence, Five years' penal servitude.
BEFORE JUDGE RENTOUL. (Thursday, February 4.)
BURGESS, Thomas (33, licensed victualler), and BURGESS, Ernest (25, licensed victualler), pleaded guilty of conspiring and agreeing with others to cheat and defraud Lewis Jamieson of one motor-car; and of conspiring and agreeing with Edward Adcock to obtain by false pretences from John Robert Daike, the Wear Well Cycle Company, and others, certain horses, bicycles and other articles, with intent to defraud.
Sentence: Thomas, 12 months'; Ernest, 9 months' imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Friday, February 5.)
KING. Richard Edward (54, bookseller) ; in incurring certain debts and liabilities—to wit, £410s. to Murray, Limited, on August 2, 1907; £1 5s. to James Bowmer Allison, on or about January 5, 1908; £2 5s. to Henry Elliston Humphris, on July 23, 1908; £12 to Albert Victor James, on or about August 11, 1908; £16 to Henry Fairburn, of September 2, 1908; £8 to Eric Bennett, on October 14, 1908; £1 15s. to William Bunning Batten, on October 16, 1908; £3 12s. to Thomas James Crompton, on October 23, 1908; £3 to Thomas Boycott, on November 2, 1908; £1 3s. to Amos Arthur Appleton, on November 6, 1908; £15 to. Albert Wesley Holt on November 16, 1908, did unlawfully obtain credit under false pretences and by means of fraud other than false pretences; unlawfully obtaining by false pretences certain printed books—to wit, four books, value £4 10s., from Murray, Limited, on August 2, 1907; 16 books, value £1 5s., from James Bowmer Allison, on or about January 5 1908; certain books, value £2 5s., from Henry Elliston Humphris on July 23, 1908; 36 books, value £12, from Albert Victor James, on or about August 11, 1908; 36 books, value £16, from Henry Fairburn, on September 2, 1908; 35 books value £8. from Eric Bennett, on October 14, 1908; 14 books, value £1 15s., from William Bunning Batten, on October 16, 1908; 20 books, value £3 12s., from Thomas James Crompton, on October 23, 1908; 20 books, value £3, from Thomas Boycott on November 2, 1908; eight books, value £1 3s., from Amos Arthur Appleton, on November 6, 1908; 35 books, value £15, from Albert Wesley Holt, on November 16, 1908, in each case with intent to defraud.
Mr. Muir, Mr. Travers Humphreys, and Mr. S. Ingleby Oddie prosecuted; Mr. J. Wells-Thatcher defended.
Rev. HERBERT WILLIAMS, St. John's Clergy House, Southward I have known prisoner since three years ago, when he came to me and asked me to assist him While in difficulties. I put him in some rooms at 101, Hanover Buildings, Tooley Street, where he remained about two years. I believe he was selling a cookery book from there. There was nothing on the door to show that he was carrying on business there.
Cross-examined. One of my clergy was bail for prisoner at the police court. I believe he sold a great number of the cookery books; it was a book that he had made up himself in earlier editions; he had the plates of it, and through some friends they were released out of a sort of pawn, and he was printing and selling them. Prisoner bought books for me; I had great confidence in him; he had the run of my library and got books for me at a discount; he has a great knowledge of books.
CHARLES EDWARD FEAKS , manager to Murray, Limited, Leicester, booksellers. In July, 1907, I received order produced from "R. E. King and Co., wholesale and export booksellers and wholesale stationers, 101, Hanover Buildings, Tooley Street, London," ordering from our catalogue two books "Borrow" and" Hudibras "; in August we received from the same firm an order for Sebohm's "British Birds," in 4 vols., at £4 10s. I forwarded the books, believing the firm to be a substantial one, desiring the books to resell. On September 28, 1907, I received an order for Laing's" Butterflies; I replied saying the book was sold. I applied for payment, but have not received it.
Cross-examined. The order was written in a businesslike way. We are not members of Stubbs or the Trade Protection Society.
British Birds," in 4 vols., at 30s., receiving 15s. and another took in exchange.
Cross-examined. The trade price of Sebohm's" British Birds" is £5 10s. to £4; at 30s. I had it a bargain; that was the price prisoner asked me. The book I gave him in lien of the 15s. was Scott's Novels, in 48 vols. I do not know if people sell books in a false name; it has never been done before worth me.
FRANK CARSLAKE , editor of the "Book Auction Record." I collect debts in the book trade and called on prisoner in July, 1907, at Hanover Buildings. He afterwards came to see me at 35, Pond Street, Hampstead, twice. He owed an account to James Pin, Edinburgh, of £4 13s. 6d., which he was sued for and afterwards paid. I had a number of other accounts to collect from prisoner, which I wrote to him about, including one from Murray, Limited, Leicester, £4 10s. They have not been paid. He stated that he had customers to whom he hoped to sell the books; also that he had a lawsuit running and that he could not pay the booksellers, because he must keep that suit going by paying the fees.
Cross-examined. I am the hon. secretary of the International Association of Antiquarian Booksellers, formerly called the SecondHand Booksellers' Association; its address is 35, Pond Street; my house. It has 231 members scattered over the world. One of its objects is to collect debts. Prisoner promised to pay interest on debts. I was very sorry for prisoner when I first knew him; I thought he had been unfortunate. I had been to other addresses of prisoner, but never could find him; they were all sweet stuff shops. He called on me because he had given a post-dated cheque on a bank where he had no account; that is the reason I got Pint's debt paid.
JAMES BOWNER HARRISON , Bridgwater, schoolmaster. In December, 1907, I advertised in the" Exchange and Mart" to sell a set of Dickens's works and the International Library and received an answer from R. E. King and Co., 80, Chancery Lane, asking for the books to be sent on approval to 6, Red Lion Square, London, which I did, believing King and Co. were a respectable firm of book dealers. They stated the International Library were no use to them and returned them, and I ultimately sold the Dickens in 16 voles, to R. E. King and Co. for 25s. I have not been paid.
Cross-examined. I paid the carriage on the books both ways; prisoner did not send me a postal order for them.
JAMES POLLOCK , solicitor's clerk and law typist to Mr. Hope, 10, Bell Yard, living at 80, Chancery Lane. From October to December, 1907, prisoner had the use of my office at 80, Chancery Lane. He used billhead produced, "R. E. King and Co., wholesale and export booksellers, wholesale stationers." He used to come daily, open letters, and answer them. There was nothing on the door to indicate that R. E. King and Co. carried on business at my rooms. Occasionally people called; I sometimes saw them. I do not know what they came about; sometimes it was for an account; I never knew anything about prisoner's business. Sergeant McEvoy once called; he did not see prisoner; I told him that the detective officer
had been making inquiries about him. Prisoner left in consequence at my request.
Cross-examined. Prisoner gave me a message to McEvoy that he would like to see him. My wife objected to the heavy parcels coming to the office; that was partially the reason for my asking prisoner to leave. Prisoner had a large pile of printed matter that used to be made up into books; it was in sheets. Large parcels of books were brought there and taken away from time to time. I asked prisoner whether he would have his name upon the door as there was a solicitor in the building with the same name—he said he would have it done. I have known prisoner five or six years, have done a considerable quantity of typewriting for him in connection with a law case; I did the statement of claim in that case.
Re-examined. Prisoner did not have his name put up on the door, Apart from the parcels he did not keep any stock. For some time parcels used to come and go away again; prisoner used to take them away with him. I did not know what he did with them.
HENRY ELLISTON HUMPHRIS , bookseller, Norwich. I advertised in the "Publishers' Circular" on July 18, 1908," Harmsworth SelfEducator" at £2 5s., received a postcard from" R. E. King and Co., wholesale and export booksellers, 4, Eagle Street, Holborn," ordering same to be sent by goods train. I forwarded the books, sent the bill, have applied repeatedly for payment, which I have not received, and I communicated with the police.
Cross-examined. I deal in old and new books. The" Publishers' Circular" is chiefly advertisements of books for sale.
ALFRED SMITHERS , Crouch End. I carry on business at 9, Drake Street, Red Lion Square, as a law stationer. In 1907 I had a room at 4, Eagle Street, Holborn. In December, 1907, prisoner called on me and said he wanted an address near the Law Courts as he was carrying on a lawsuit, and I allowed him to use my room for a payment of 2s. 6d. a week. Letters arrived addressed to R. E. King and Co., which prisoner called for; various parcels of books arrived which I received, and they remained until prisoner removed them. I understood he was a wholesale bookseller. On the door there was a piece of paper with "R. E. King and Co." written upon it, and also my own name, as a direction to the postman. In March, 1908, I left Eagle Street and removed to 6, Red Lion Square, where I had a room on the second floor and a small back room on the ground floor. Prisoner went with me and remained till December, 1908, continuing to pay 2s. 6d. a week. He usually came between 9.30 and 11 am., and remained for half an hour to rather more than a hour. He did not keep any account books. He referred to his banking account; I never saw any cheques. The letters varied, sometimes there was a large number; they would average eight or 10 a day. Carriers brought and took away the parcels of 'books. I had a large cupboard in the room where prisoner stored books. Callers occasionally came about books and I reported to prisoner—sometimes they stated they had not got an answer to their letter, and wanted to know if the books had arrived; on one occasion a summons came, which I put with
prisoner's letters; he said he would attend to the matter. Just before prisoner's arrest I told him I had taken a new office and that there was no room for him to have his books there. I was moving to Drake Street the day of the arrest. I did not know prisoner's private address. I only knew him as R. E. King and Co.
Cross-examined. I was told that prisoner was a bookseller by a person who called before he came, and I knew it afterwards from the large number of books that arrived. The addresses on the door were put on a piece of paper three inches by two inches, written in text hand and easily read. Prisoner told me he was a poor man or he would have paid me more. Prisoner did not have his name up at Eagle Street. Prisoner had the key of the cupboard. He had a large number of parcels arriving for some time.
ALBERT VICTOR JAMES , bookseller, Wednesbury. On August 8, 1906, I advertised in the Bazaar, Exchange and Mart" the" 'Encyclopædia Britannica' in 36 volumes, absolutely new—not a soil on one of them, £12, cost £36. Approval willingly." I received postcard produced in reply from" R. E. King and Co., 4, Eagle Street, Holborn," asking for the books to be sent, which was done by me, thinking they were a responsible firm. I had no reply, and telegraphed and received postcard produced asking if they were purchased on the deferred payment system. I replied enclosing the receipt for the last payment. R. E. King and Co. on August 28 wrote:" We find that the 'Encyclopædia' sets are fetching such small prices at present that your price is too much. Similar sets to yours are producing only £7 to £8. What is the lowest price you will take as there are so many now in the market?" I replied, declining to take less than the £12 asked for. I received no money; the books were not returned, and I communicated with my solicitors. I afterwards received a letter from R. E. King and Co., stating that the writer was going away for a few days. I obtained judgment in the Walsall County Court but have not received payment.
Cross-examined. The" Encyclopædia" cost me £37 8s. I understood prisoner's postcard stating, "We will purchase" to be a contract provided the books were as stated.
HENRY FAIRBURN , Northallerton, chemist. On August 28 I advertised in the" Bazaar, Exchange and Mart," 'Encyclopaedia Britannica'; three-quarters morocco, marble edges. As new. Best condition. 36 volumes. £16." I received in reply a postcard from R. E. King and Co., 4, Eagle Street, Holborn, "Please send us the Encyclopaedia 36 volumes on appro. and say lowest price for it. If in good condition we will purchase." I replied on August 31, stating that £16 was the lowest price and that if I did not receive a telegram by next day I would dispatch the books. They were forwarded on September 2 to R. E. King and Co. I sent them believing R. E. King and Co. were a respectable firm of booksellers. On September 19 I wrote threatening proceedings as the books had not been paid for. On September 22 R. E. King and Co. replied stating that the price was too high and that I had sent the books at my own suggestion. I answered by return of post, and afterwards placed the matter in my
solicitor Mr. Gardiner's hands who issued a summons in the Clerkenwell County Court on October 12. I received no money and communicated with the police. The books have not been returned.
Cross-examined. The books cost me £15; I did not buy them new. I did not send them on approbation. As prisoner did not send a wire I forwarded them in accordance with my letter, after giving him an extra day to wire. I made enquiries of a local bookseller, who informed me that he had done business with R. E. King end Co., and that they were a firm of booksellers. I considered the purchase was settled.
Re-examined. I showed the local bookseller prisoner's postcard and was told that they had done business with him.
ERIC BENNETT , Birchdale House, Birchdale, near Stockport, Lancashire, beekeeper. In September. 1906, I was living at Beecham, Norfolk. On September 23, 1908, advertised in the "Bazaar. Exchange and Mart," "' Encyclopædia Britannica,' 10th edition, £11 or offer." I had taken it in exchange. I got a letter from R. E. King and Co., which I have destroyed, offering £8, if in good condition. I replied on September 27, stating £10 cash was the lowest price I would take, carriage forward. On September 30 R. E. King and Co. wrote again, offering £8, which I accepted and said, "Are you a buyer of Lloyds International Library with book-case, £3 10s.?" and asking the prisoner to send deposit to the" Bazaar." R. E. King and Co. replied that they would require to see the volumes and that being dealers they did not send a deposit. Upon that I forwarded the books with a telegram, mentioning that there were only 35 volumes, because the index was bound in one volume instead of two. It was a complete set. I received no acknowledgment of arrival, and on October 18 wrote asking that the books should be sent back or £7 10s. be forwarded. The 10s. was allowed for the carriage. I got no answer, and wrote again threatening proceedings. On October 23 I received a letter stating that volume 29 was omitted, and asking for 12s. postal order for carriage. I am quite certain I forwarded all the volumes. I then forwarded 12s. postal order for carriage. On November 7 R. E. King and Co. wrote stating that they could buy a copy of the missing volume 29 from the publishers. I replied on November 8 requesting them either to forward £7 10s. or return the books. When sending them I regarded R. E. King and Co. as a genuine firm of wholesale booksellers. Volumes produced appear to be part of set I forwarded. With the books I forwarded part of the bookcase. Shelf of bookcase produced I believe to be mine. The remainder of the bookcase was packed separately and is the package produced. I have not been paid or received my books back.
ALFRED BULL , of Bull and Advance, 34 and 35, Hart Street, Bloomsbury, booksellers. On October 11, 1908, I sent postcard produced to M. Lewis, 84A, Stapleton Road, Tooting, offering £5 for an "Encyclopædia Britannica." On October 22 I received a reply from M. Lewis accepting that price and the books were forwarded. On unpacking them I found volume 29 missing, there being only 34 volumes. Shelf produced was packed with the books. The index volume of the "Encyclopædia Britannica" is sometimes in one volume and sometimes
in two. We also received two shelves and two side pieces of the bookcase, which, in that condition, were quite useless. We wrote to Lewis stating that if the missing volume was sent we would remit the amount. I subsequently received from Lewis volume 29 produced, which is slightly differently bound from the other 34 volumes. The difference is not noticeable without inspection. I then paid Lewis £5 by cheque produced, endorsed "M. Lewis." I never heard of publishers selling an odd volume of the book.
Cross-examined. There was nothing to guide me as to where the package had been packed. I should think from its appearance it had come from the country. The parcel was carefully packed and the portions of the bookcase were on the top. My price for a good copy in leather of this book would be £7 to £8; in morocco £10 to £12. About nine months ago I had a set in my catalogue offered at £10—that would be my selling price.
WILLIAM BUNNING BATTEN , Portsmouth, auctioneer. On October 2, 1906. I advertised in the "Exchange and Mart," a set of Dickens's. works in 14 volumes at £2. On October 9 I received postcard produced from R. E. King and Co., Eagle Street, Holborn, offering to buy them and requesting me to send them, if in good condition, and stating they would send cash by return. I sent two volumes on approval first, and. after correspondence, I agreed to sell at 35s., and dispatched the remaining 12 volumes. I received no acknowledgment and had some further correspondence, upon which I agreed to accept 22s. 2d. I have not been paid and I have not had my books returned. The two volumes produced are, I believe, two of those I sent.
Cross-examined. I received the books with a quantity of furniture and other effects. I believe a very large number was published.
JAMES WESTON , 106, Charing Cross Road, bookseller. In October last I received a letter, which I have lost, from Lewis, 84A, Stapleton Road, Tooting, referring to a set of Dickens's works in 14 volumes which he wished to sell. I replied offering 17s. 6d., upon which the books were delivered. I produce two of the volumes. I paid Lewis by cheque, which has been endorsed by him.
Cross-examined. I identify the volumes because they were the ones delivered to me. The publishing price was 5s. a volume, I believe net.
THOMAS JAMES CROMPTON , Ashburton, house agents' assistant. On October 16 I advertised in the "Exchange and Mart" a set of 20 volumes" International Library of Famous Literature" at £3 19s. 6d. I received postcard produced from R. E. King and Co., 4, Eagle Street, Holborn, dated October 19, asking the condition of the books. I replied, and on October 25 R. E. King and Co. wrote asking me to send them, which I did, and wrote a covering letter asking for cash by return. At that time I thought King and Co. to be a firm of respectable booksellers, who would either pay for the books or return them. I received no reply until November 4, when they wrote complaining of the binding. On November 7 I wrote offering to take £3. I did not receive the money, and on November 12 wrote demanding that the
books should be returned. I have not been paid. Last month I went to Neville and George, South Kensington, booksellers, and saw the books, which I had sent to prisoner, two volumes of which I identify (produced) by some writing and from a piece of paper being torn from the last volume—I have no doubt they are my books.
Cross-examined. I identify the books by a note written in the margin. I bought them from the Standard Publishers' Library. They cost me over £10.
CHARLES GUNNELL , clerk, London Parcels Delivery Company. I know prisoner as calling at my office to give orders to collect and deliver parcels from No. 4, Eagle Street. I identify receipt produced of October 10 for two parcels addressed to Neville and George, South Kensington, which were delivered on prisoner's order.
Cross-examined. I have not received a great number of parcels from prisoner—several. I have known him as King and Co. He signed the name of Lewis on the order produced.
THOMAS BOYCOTT , Church Street, Madeley, Salop, draughtsman. In October, 1908, I advertised in the "Exchange and Mart" "Set of 'Lloyd's International Library. 'Quite new. £3," and in reply got letter produced from R. E. King and Co., 4, Eagle Street, Holborn wholesale and export booksellers, of October 27, stating that if the books were in good condition they would purchase them. I thought they were a safe firm. I forwarded a volume on approval. On October 31 received postcard produced asking me to send the remaining 19 volumes, which I did. I wrote several times for my money but have not received payment.
(Saturday, February 6.)
HARRY GEORGE , of Neville and George, booksellers, South Kensington. I know the defendant under the name of Lewis. In November last I purchased a set of 20 volumes "Lloyd's International Library," two of which I produce, for £1 9s. 4d., which I paid to prisoner on November 1, on receipt of the books, by cheque produced, in favour of and endorsed by" M. Lewis." On November 11 prisoner wrote offering another set of the" International Library," which I purchased at £1 1s. The books came by carrier, and I forwarded cheque produced for £1 1s. in favour of "M. Lewis," which has been returned endorsed through my banker. I sent the cheque to 84A, Stapleton Road, Tooting, on receipt of the books.
Cross-examined. I believe the" International Library" was published at £8 8s. Those sold me by the prisoner were in fair condition; they are in half-calf. The second set I have parted with.
SIDNEY KIEK , of Sidney Kiek and Son, 17, Paternoster Row, booksellers. I have never seen prisoner except at Bow Street. I have had correspondence with" M. Lewis," of 84A, Stapleton Road, Tooting. On August 7 I bought from Lewis a set of "Lloyd's International Library," in 20 volumes, morocco backs, and" Harmsworth's Educator," eight volumes, half morocco, paying him 20s. per set. I received postcard produced from Lewis, dated August 19, acknowledging
postal orders for 40s., and offering a "Set of the 'Encyclopædia Britannica,' 'Times 'Last Edition, 36 volumes bound, three-quarter levant, same condition as new—I have not the room to keep them as my office is limited so I wish to sell." I replied, asking for a sample volume, and made an offer for them. The advertisement in the "Exchange and Mart" produced, put in by James, describes the books I purchased. I received from Lewis postcard produced, the date of which is obliterated:" My cousin asks me now to sell a set of 'Encyclopædia Britannica,' 35 volumes, in three-quarter levant," etc. I also received postcard dated November 5 from Lewis:" Dear Sir,—My cousin asks me to sell for her a set of 'International Library of Literature,' 20 volumes, "and asking for an offer. I have no recollection of the details of the transaction, but there is written across that postcard in my handwriting" 20s."—that was the offer I made.
Cross-examined. I cannot remember the dates or details, but I have records of every transaction that I had with the prisoner. I remember purchasing the "International Library." All cloth sets would be very similar in appearance.
ARTHUR ALBERT WESLEY HOLT , 8, Minton Road, East Croydon, builder. On October 30, 1908, I advertised in the" Exchange and Mart" "Encyclopædia Britannica," in 35 volumes, asking for cash offer. It was the edition issued by" The Times," but made up of two separate sets, partly the ninth edition and partly the 10th. On November 2 I received letter produced from R. E. King and Co., 4, Eagle Street, Holborn, and I replied offering to sell at £20. I received in reply postcard from R. E. King and Co. on November 6 stating the price was too high, and replied offering to sell for £15. On November 10 R. E. King and Co. directed me to forward the books. On November 12 I wrote asking them to send deposit, and received in reply postcard of November 14 refusing to pay a deposit but promising payment on receipt of the volumes, and stating in a postscript," We are traders not private buyers—we have a customer, so wish to receive at once." I thereupon forwarded the books, believing R. E. King and Co. were respectable traders, and that they had a customer for them. On November 23 I got a postcard stating that the books had not been delivered until Wednesday, etc. On November 28 I went to 4, Eagle Street, but could not see the prisoner or anyone representing R. E. King and Co. I wrote further letters and have had no reply, and did not succeed in getting my money for my books. About December 3 I went to a bookseller's shop at 53, Shaftesbury Avenue, kept by James Rimell and Son, and there identified the books and bookcase that I had forwarded to R. E. King and Co. I am quite sure of the bookcase.
Cross-examined. The 35 volumes consisted of two separate portions of the ninth and tenth edition, making altogether one complete set—I am not sure whether there were 35 or 36 volumes. When I went to Eagle Street someone was there in charge of the premises, and told me that that was the address of R. E. King and Co. I did not inquire whether the prisoner did business at that address. I do not recognise
the books, but they were similar to mine in appearance. I recognise the bookcase by marks on the top made by a flower-pot which I stood upon it. I have no recollection of receiving a letter from the prisoner on December 11 promising to pay me. I think he wrote at some time to that effect.
HENRY JAMES RIMELL , of Rimell and Son, 53, Shaftesbury Avenue, booksellers. I have been in the trade for some years. In August, 1908, I had a correspondence with Lewis, of Stapleton Road, Tooting. On November 23 I received letter produced offering me a set of "Encyclopædia Britannica" with bookcase. I replied offering £7 5s. and 10s. for the bookcase, making £7 15s. I received the books and sent a cheque to M. Lewis, 84A, Stapleton Road, Tooting, which has been returned through my bankers endorsed, "M. Lewis."
Cross-examined. The books were bound in three-quarter morocco, which is the second most expensive binding. I believe the published price is about £45; the bookcase would be additional. I gave £7 15s. for this set and have now sold them for £9; they are not yet delivered.
Re-examined. No dealer could afford to give £15 to sell at a profit.
At the suggestion of the Common Serjeant, similar evidence with regard to other cases was not given.
GEORGE ENGLISH BOYLE , messenger in the Court of Bankruptcy. I produced file No. 294 of the year 1900 relating to the bankruptcy of Richard Edward King. Receiving order was made April 11, and adjudication on April 18, 1900; liabilities, £6,882 11s.; no assets. The debtor is an undischarged bankrupt; the discharge has never been applied for.
Sergeant JOHN MCEVOY, E Division. On December 18, 1908. I had a warrant for the arrest of Richard Edward King and went to 84A, Stapleton Road, Tooting, where I saw the prisoner. I asked him if his name was Mr. Lewis. He said, "Yes." I said, "The Mr. Lewis who sold books to Mr. Rimell, of Shaftesbury Avenue?" He said, "Yes." I said, "I believe you are also Mr. Richard Edward King, of 4, Eagle Street, Holborn." he said, "Yes." I told him then that I was a police officer and held a warrant for his arrest. I read the warrant to him. He said, "I was arranging to pay all my debts in January next. I am getting some money from Kingston and then I can pay everyone. This is the outcome of the losses I sustained through my former solicitor's frauds, against whose executrix I am bringing an action to recover £90,000." He then produced this statement of claim (produced) in an action in which he was the plaintiff, against Fanny Milne Hudson, dated June 30, 1907. He asked me where the false pretences were in that case—the warrant was in the name of Holt with regard to the" Encyclopædia Britannica" for incurring a debt and a certain liability to Arthur Albert Holt and for unlawfully obtaining credit by means of false pretences. I told him it was alleged that when he agreed to pay £15 to Mr. Holt for the books he knew he was only able to obtain £7 15s. for them from Messrs. Rimell. He said, "That is not so.
I mean to pay every penny I owe in January next, as soon as I get my money from the Kingston business." I then took possession of a large quantity of papers at 84A, Stapleton Road, and took prisoner to Gray's Inn Road Police Station, where he was formally charged; he made no reply. On his arrest he handed me nine postcards (produced) addressed to different persons, some of whom are the prosecutors here, and saying, "We will remit the amount next week." The postcards are undated and unstamped. I found at Stapleton Road the original letters which have been put in evidence and other documents of which I have made a list, which was put in at the police court. I know the prisoner's handwriting. The documents contained in the list (Exhibit 141) are, in my opinion, in the handwriting of the prisoner. They are all signed either "R. E. King and Co.,"" M. Lewis," of 84A, Stapleton Road, or "Cooper," also the endorsements on the cheques payable to M. Lewis, and the writing across various original letters sent by various witnesses. I also searched 4, Eagle Street, Holborn. I found no business books, ledgers, cash books, or day books whatever at either address. The correspondence I found was all after October, 1908—not earlier. I also found writ relating to action by James and the order permitting special service. There are also letters from the solicitors at Wednesbury. There were also the papers in the action of Fairburn against the prisoner in the Clerkenwell County Court, also papers showing that execution was levied from Lambeth County Court on August 31, 1906, at 84A, Stapleton Road. I also found three letters from McLeod, of Oban, relating to Volume 29 of the" Encyclopædia Britannica." There were also a number of printed headings and notepaper of R. E. King and Co., of 4, Eagle Street, Holborn. Neither at 4, Eagle Street nor at Stapleton Road was there any indication that R. E. King and Co. carried on business there.
Cross-examined. When I arrested prisoner he answered the questions I put to him correctly. I have ascertained that prisoner has been negotiating with Napp, Drewitt, and Co., of Kingston, for the printing of certain books, of which he supplied the stereo plates and moulds. The papers I found at Stapleton Road were mostly upon a sofa in the front room at the flat; there was no concealment; they were in a heap or bundle, some on the table and some on the sofa, just promiscuously put together. There were those put in evidence and a great many more. Prisoner handed me the nine postcards from his pocket. He said he was going to post them and would have done so but for his arrest. The writ of James and the judgment and execution from Lambeth County Court were among the papers. I called at 80, Chancery Lane on November 8. I ascertained that he was informed of my visit. I was not surprised that he had been informed from what I ascertained subsequently.
banker, who had banked for my grandfather, my father and for myself—Mr. Henry Daniel, of Lymington, Hampshire. I travelled all over the United Kingdom, through America, Canada, Australia, and New Zealand, and my business became very large indeed, turning over from £75,000 to £80,000 per annum, paying wages from £350 to £500 a week, and yielding a net profit of £5,000 to £6,000 per annum, certified by chartered accountants. In the year 1900 I had saved and got in my business a capital of £40,000. Thomas Boiling Bolton was then my solicitor, in whom I had absolute confidence and trust. He advised me to turn my business into a limited liability company, which I did in 1898, and of which the capital was £40,000 in 4,000 £10 shares. I took the whole of the share capital as the purchase money and I became managing director. I received no cash. Mr. Bolton was chairman and one of the three directors. My credit was absolutely good; I could have drawn at any moment from the Capital and Counties Bank in Threadneedle Street on my own signature without security. In the middle of 1899, or at the close of 1898 I opened bookseller's shops in various places—about 30 or possibly 38—all over the country, in the North, in the Midlands, in the South, and a few in the Eastern counties. The leases were taken in my name and I paid the rent in each case. I got books from the company which bore my name. (To the Judge.) The company was myself—I held all the shares. It was arranged with the board of directors that I could purchase goods and have them delivered to those shops on paying as a customer in the ordinary course. (To Mr. Wells-Thatcher.) The shops were absolutely my own venture. When I wanted 1,000 books I would inform the Board of directors of my company, which held about a million and a half books in stock, produced by their own machinery and work people, and they would deliver them to my shops. My managing directorship salary was not paid; that got me into difficulties and my company was put into liquidation by the trustee for the debenture-holders—Mr. Thomas Boiling Bolton. The company's assets at this time were £85,000, which were bought by Bolton nominally for £38,000, but actually for £12,000. Bolton applied for and obtained an injunction against me to restrain me from trading as a publisher, printer, or bookbinder. I afterwards started business on my own account under the name of R. E. King and Co., the name of the company being R. E. King, Limited. Before the company was started my firm was called R. E. King and Co. I started trading on my own account immediately the company was put into liquidation. The injunction. I think, was in 1902. Bolton tried to have me committed for contempt—he failed in that and then alleged that I was trading as a publisher. It was held by Mr. Justice Buckley that I was doing nothing of the kind. I continued trading as a bookseller at various addresses—in Fleet Street, at Hanover Buildings, at 80, Chancery Lane, at 4, Eagle Street, at Red Lion Square, and Duke Street. I did a genuine business selling reprinted copies of non-copyright books, of which I had the plates. In one year I issued 250,000 copies at 6d. each of Mrs. Henry Wood's novels;
250,000 copies of books by Florence Marryat, Rita, and similar authors; 10,000 copies of a book by Wilkie Collins; 10,000 copies of a book on Cookery, by Eliza Acton, bound in cloth, at the nominal price of 5s.—I was selling that at the time I lived at Tooley Street, and while living with the Rev. Herbert Williams. About 12 months ago I became pressed for money. I had started an action against Mr. Bolton's estate for £90,000. In all, since 1905, I have put on the market about 545,000 books. The two. large lots I spoke of of 250,000 each were published at 6d. each; the Cookery book nominally at 5s.; Wilkie Collins's book was 6d.; there were 20,000 copies of a child's picture book at 6d. At the time of my arrest. I had a contract with a large firm of printers at Kingston and a large firm of binders in the City to produce books. When I purchased the various parcels of books mentioned in this charge I intended to pay for them. Mr. Carslake called on me to collect a debt, I was out doing something for the Rev. Herbert Williams and I went to see him the next morning between 10 and 11 a.m. I discussed the debt with him. I conducted nearly all my recent business by correspondence written at home, going to the office for letters. My name was painted up on my premises at 37, Fleet Street, "R. E. King and Co., booksellers." I believe my name was in, the Post Office Directory. There was no name put up at Hanover Buildings; I considered it unnecessary, because it was on the third floor and I was only at that time dealing with people who had known me for many years. On the morning of Carslake's application I returned to him some books which were the subject of his application, and which were imperfect. I paid three accounts through him, two direct to the people he had called about and a third to himself. I promised to pay interest on other debts he was collecting—it was his suggestion and I accepted it and wrote accordingly. I promised to pay him as soon as the money came in or as soon as it was convenient. I considered the arrangement to pay 5 per cent. interest could be carried on to suit my convenience; he expressed himself so when I called upon him. I paid many other creditors whom Mr. Carslake had called about. I attribute my bankruptcy to the loss of my total estate in the company—I had everything invested in that. The Official Receiver has assigned to me his right of action against Bolton. Secondhand booksellers, often sell books at a loss. I have had large experience and have lived amongst books ever since I left school. All the books that I purchased, or which are the subject of this indictment I expected to be able to pay for from the contract I had with the Kingston printers. When McEvoy arrested me there was no attempt to conceal documents. I was about to post the nine postcards, which I handed to him, addressed to Holt, Boycott, Murray, Allison, and others. Murray's was a debt that Carslake had arranged for me to pay interest. Allison sent me a large number of books which had not been discussed, and which were of no use to me; I kept the set of Dickens and returned the others. I sent Allison a postal order for 20s. and 2s. 7d. for the carriage, which finally closed the transaction. Humphris wrote me a very objectionable letter. I answered
him and asked him who prompted him. I felt very hurt and very wounded, because I had been the butt for a long period of time of certain actions at the hands of Mr. Carslake, who I considered was prompting Humphris. I admit my debt to Humphris. James got a judgment against me at Walsall. I wrote to the solicitor, Mr. Tench, and had a long correspondence with him. I admit I am indebted to Fairburn. I believe the neighbour he spoke of referring to was Stairmand, a bookseller, of Northallerton, with whom I have done business. I admit I owe Bennett £7 10s. There was a delay in delivery owing to my absence. The books were on my premises some days, and finally I sent them on to Bull and Auvache by the L. P. D. Company as I received them, the parcel being re-addressed. I had not opened the package and cannot say whether there was a volume short in it. I had correspondence with Bennett and promised to pay him on January 7, 1909. I had not promised to pay him before the date of my arrest. I suppose I do owe him £7 10s; he offered to allow 10s. for the missing volume. I owe Batten his amount. I admit the debt of Crompton and also that of Boycott. I also owe Holt, as I had his books. When in Tooley Street I had 80,000 or 90,000 books in sheets. Some were at Aldersgate Street stored at a warehouse. I only went to Tooley Street for the convenience of packing. At 80, Chancery Lane I had large quantities of books delivered, new, second-hand, and in sheets. One delivery of sheets weighed a ton. Mrs. Pollock objected to the heavy parcels coming and going and generally to the trouble of my using the office. I had no sheets delivered at Red Lion Square—only bound copies, which were sent out to customers, also a few second-hand books. That applies also to Eagle Street. I used the name of Lewis because of certain paragraphs which Mr. Carslake had published and which had prevented me from doing any business in London whatever in my own name. Since the failure of my company I have kept no books and have dealt for cash. I have kept a record of all my transactions. I was told by Pollock that McEvoy had called. I do not deny my liability in any of these cases so far as I had the goods.
Cross-examined. When arrested I said that this was caused by the frauds of my late solicitor—I mean it was the results of his acts—that his acts had put me in such a position that this state of affairs has been brought about, that I have been reduced in circumstances. I did not get the goods by false pretences. I brought an action against Bolton about a year before he died, claiming £10,000 damages for negligence as a solicitor; that was dismissed by Master Chitty as frivolous and vexatious; it was because I had not been properly advised and had not got an assignment from my trustee in bankruptcy; that is how I understood it. I may have appealed against that order to Mr. Justice Jelf, and if so it was dismissed. I have not paid the costs and have never had the money to do so. I do not know if they were about £33. After Bolton's death I commenced an action against his executrix. The action was in preparation long before his death; the writ was just about to be served when he died. The action is for a declaration of a constructive trusteeship and claims £90.000 damages. The writ was issued in
May, 1907, against the executrix, Mr. Bolton's daughter. Application was made before Mr. Justice Kekewich to dismiss the action on the ground that it was the same case that had been previously tried and he held it was not. I sold books in the name of Lewis, and on one occasion in the name of Cooper. Those in the name of Cooper were books which I had bought and paid for. In one case I sold books in the name of F. Cooper, bought from Murray, of Leicester, to Brown, of Edgware Road. There was no legitimate reason why they should not deal with me in my own name, but there was the reason that I had been libelled by Carslake; he had libelled me to the trade. At Hanover Buildings I was a bookseller—a wholesale and export bookseller; I dealt with shipping houses; I sold 10,000 copies of my cookery book. The books were stored at the binders and printers, Sully and Ford, of Fetter Lane; Kitcat, Limited, and Matthew Bell, of Cursitor Street, Chancery Lane. None of those persons are here to-day. I was carrying on my correspondence in the room lent to me by the Rev. H. Williams. I was never asked to pay rent for it—I made a return to him in other ways. I have sold stationery—printing paper—in Hanover Buildings to Sully and Ford, which I have bought from Strong and Hanbury, C. W. Davis, of Upper Thames Street, and similar houses who have known me for years. When at Tooley Street I bought Sebohm's" British Birds" from Murray, of Leicester, at £4 10s.; I thought I could have sold it at a profit, but it was not the edition that I thought I was getting—I wrote and told Murray, and he would not take it back. I afterwards offered, to buy further books from Murray, Limited, and they declined to let me have any more until I paid for Sebohm. That does not alter the fact that they refused to take that book back. I do not admit that Brown's evidence is correct that on August 3 he bought Sebohm's" British Birds" of me for 30s. I sold it to him at that price; it may be correct that I bought it on August 1 and sold it on August 2. My impression is that the price was 40s.; there was a cross-transaction between us; I believe I received rather more than 15s. I did not think I was called upon to send the 40s. to Morris. Carslake arranged that I should pay interest upon it—the 5 per cent. was to run until I paid. I cannot recollect if I got a receipt from Allison for the 20s. I sent him the money early in March. I sold the set of Dickens at a profit—I think for 25s., but I cannot remember. I cannot remember who I sold it to. I know very well I paid Allison. I may have got the books from Humphris about the end of July. I did not sell them on August 7. I did not sell them to Kick. I have had many sets of the" Self Educator "; I cannot say where I got the set I sold to Kick. I do not agree with Kick's evidence that I sold him a set; I do not believe I did; I cannot recollect a book I got 20s. for from him. Humphris's correspondence had been of such a nature that I told him I would pay immediately he told me who prompted his letters. He wrote a very vulgar letter, and I thought he ought to give me the information I asked for. I never got Allison's letter of March 16. I have had a price offered me in December of £11 10s. for the" Encyclopædia
Britannica." Between August 28 and November 30, seven, eight, or nine guineas was the best price that could be obtained. When I offered to give £15 I thought I could have sold for more money. Then I had my business arrangement coming forward at Kingston which would bring me £1,000 profits and I thought if I lost money I could make it up in that way; I expected my money in January and could easily have made up those small losses. There was no fraudulent intent. I did not write to Holt that I had a customer in order to induce him to part with his books. I had a customer in respect—it was one of the booksellers in London—I knew I could sell that book. My impression is my possible customer was Parsons, who had offered me £10 to £11. There was no contract that the money should be sent by return. Credit is universal in the book trade. I did not write to say so. I wrote," As soon as we get the books and see they are in good condition we will remit." I did not write that always. I did not mean immediately on receipt. I should have paid in the early part of January. It did not mean" spot cash." It was not meant to deceive. (To the Judge.) He was asking me to deposit the money at the "Exchange and Mart." (To Mr. Travers Humphries.) I ask the Jury to believe that I did not intend to defraud Holt. I understood "We will remit" to mean within a reasonable time after receipt. I should have remitted in the early part of January. I wrote to McLeod, of Oban, that I wanted volume 29 to consult a particular article in it. That was not correct. I wrote immediately afterwards that I would take the remainder of the set—he did not answer my letter. I sold the 30 volumes of the" International Library of Famous Literature," which I bought of Crompton, to Neville and George for £1 10s.—or £1 9s. 4d. if that is the amount of the cheque. When I wrote to Crompton nine days afterwards that I would return them, as they were not in good condition, I was confused—I was thinking of another set of books entirely—it was not a wilful untruth. I was referring to another set of books. When I bought them from Crompton I thought I could sell them at a higher price than £3. I believe I had a volume sent on approval and asked them to forward the remainder. When I wrote," We have a client who will purchase," I had not a customer absolutely certain. I intended to send the money. My debts in my bankruptcy were £68,000. If I got £1,000 from the Kingston business I should be perfectly willing to make a just arrangement with my trustee—he would be quite willing to receive 10s. in the £—he would not absorb the whole; I have been perfectly straightforward with my trustee in bankruptcy. I was confused when I said that £1,000 would pay 10s. in the £.
Verdict, Guilty of obtaining by false pretences, except with regard to counts on which evidence was not given.
Prisoner confessed to having been convicted at this Court, on May 29, 1905, of obtaining goods by false pretences, receiving six months in the second division. He was also proved to have been convicted at this Court, on November 19, 1900, of embezzlement and bound over
in £100 to come up for judgment if called upon. He was stated to have carried on business at 10 different addresses and obtained other goods in a similar manner to those charged in the indictment. Sentence, Fifteen months' hard labour.
BEFORE JUDGE RENTOUL. (Friday, February 5.)
LACEY, Alfred (23, clerk) pleaded guilty , of obtaining by false pretences from the Hackney Furnishing Company, Limited, 15s., 10s. 6d., £1 17s. 6d., £1 1s., and £1 5s. 6d., with intent to defraud Several witnesses by whom the prisoner had been employed gave him an excellent character. Mr. S. Zelinski offered to find him employment in the event of his being leniently treated.
Prisoner was released on his own recognisances to come up for judgment if called upon.
The police gave the prisoner, an excellent character.
He was released on his own recognisances in £5, to come up for judgment if called upon.
LUSBY, Thomas Webster (24, hawker) ; unlawfully taking Alice Frier, a girl under the age of 18 years, out of the possession and against the will of her father, with intent that she should be carnally known by himself.
Mr. S. L. Hardy, who prosecuted, said there would be difficulty in proving that the prisoner had induced the girl to leave her home, and he proposed to offer no evidence.
Verdict, Not guilty.
SICHEL, Joseph Theodore ; having been entrusted with bankers' cheques for the payment of the several sums of £150, £150, £30, £50 1s., and £50 1s., in order that he might pay the same for the purchase of metal for the purpose of trade in the interests of himself and Herman Epstein, fraudulently converting the said cheques to his own use and benefit.
Mr. Travers Humphreys said that though the prosecutor had ample justification for the police-court proceedings, yet, considering the facts, and prisoner's unblemished character and his state of health, no evidence would he offered.
Verdict, Not guilty.
SOLOMON, Joseph (26, tailor) ; attempted burglary in the house of Robert James Stirling, with intent to steal therein; and being found by night having in his possession, without lawful excuse, certain implements of housebreaking.
Mr. Packer prosecuted; Mr. Huntly Jenkins defended.
JOHN HENRY WOODWARDS , assistant to Robert James Stirlingjeweller, 68, Great Portland Street. I live on my employer's premises. On the night of the robbery, January 17, I heard a strange noise which I traced to the party wall. I summoned the police, who made a search, and subsequently I saw the prisoner in their custody.
Police-constable JAMES ROSS, D Division. Shortly after one o'clock a.m., on January 18, I was standing opposite 27, Ridinghouse Street—an empty shop—when the door of the shop was opened and prisoner came out. When prisoner saw me he ran and was captured by another constable.
Police-constable JOHN GLENDINNING, D Division. I arrested the prisoner, whose clothing and boots were covered with brick and limedust.
Sergeant ROBERT WHITE, D Division. At 1.10, on the morning of the 18th, I had 68, Great Portland Street, surrounded. I entered, and found a wall cut away, 3 ft. by 2 1/2 ft., also three jimmies and a bayonet, with a quantity of acetic acid used to facilitate the cutting of brickwork. Prisoner's hands smelt strongly of acetic acid, to which I drew his attention. He gave me no explanation.
Detective-inspector JOSEPH SIMMONDS, D Division. I examined the premises on the morning of the 18th and found that entrance had been effected through 70, Great Portland Street, by means of a false key, and exit effected by 27, Ridinghouse Street. Three feet of brickwork had been got ready for displacement. There I found a pair of gloves smelling strongly of acetic acid.
(Monday, February 8.)
GEORGE ALBERT FISHER . I assist my father at 27, Ridinghouse Street. The place belongs to us; it is used as a workshop; I am in charge of it. It is closed at six o'clock at night, 12 on Saturdays. On the Saturday the Inspector preferred the charge against prisoner I closed up the place at 12. No one had any right to be on the premises after that till eight o'clock on Monday morning. Over the shop there is a large empty room with a window at the end of it. There is access to the window from the buildings on either side. From this window anyone could effect their escape from the house. There is a door at the end of the room. That was locked when I went away. The door prisoner is said to have come out of was locked by a latch. It would be quite easy to open it from the inside by turning the handle. It could only be opened from the outside by a key.
Inspector RIVETT, D Division. On the morning of January 18 prisoner was brought into the station by two policemen. I was in charge of the station. I noticed that the bottom part of his jacket, his trousers, and boots had a quantity of white plaster stuff on it. He had an overcoat on; it was open. The plaster on his jacket could not have been caused by a fall on the road; it was not the kind of stuff that would be picked up on the road; it was white, something
like the colour of this ceiling. Some police officers afterwards brought in a quantity of burglar's tools. In prisoner's presence Sergeant White drew my attention to the smell of acetic acid on prisoner's hands. I had already seen the tools and seen a bottle of acetic acid. The smell on prisoner's hands was the same as the smell of the bottle. I said to prisoner, "Your hands stink of that stuff." There is no truth in the suggestion that prisoner's hands were washed in the station.
Cross-examined. There would be no objection to the man's hands being washed if he fell down. He was not in my presence the whole time. I do not remember noticing anything else out the dirt on the clothes until my attention was drawn to the acetic acid. I had not noticed the smell till then. I do not think I was nearer than six or seven feet to him.
Re-examined. I should not detect the smell of acetic acid on prisoner without getting nearer than six or seven feet. I had hold of his hands when I smelt the acetic acid on them. I did not notice the smell on his clothes; the bottom end of his coat showed signs of it.
Further cross-examined. Prisoner was in the cell when the smell was first connected with him. I was then in the cell with the prisoner.
JOSEH SOLOMON (prisoner, on oath). I reside at 37, Foubert's Place, Regent Street. I am a tailor. I have worked for Mr. Gellier 16 or 18 months. I remember Sunday, January 17. Mr. Harber man, who keeps a butcher's shop in Bolsover Street, invited me to come to tea. I got there about nine o'clock. I stopped there till after half-past 12; I cannot say to a minute. To go home from Bolsover Street I must go to Great Portland Street. I have got no other way. At the corner of Ridinghouse Street I saw police and public surrounding a house. I was standing looking on. I turned round Ridinghouse Street. A little way along there is a small court. I went in there to make water. The constable, who afterwards came the other side door was with another constable, who afterwards came to the corner of the court and spoke something to me which I could not understand I did my jacket up. The constable said, "You had better go away from here, if not I will send you away to your own country with a cheap ticket." I said I did not want any disturbance, so I went straight away. The constable did not follow me at once. I went to Ridinghouse Street, past Mont Street. The constable was not behind me. When I came to Bolsover Street he was. He said something about loitering at this time in the morning. I said if he would like to take me he could. Then he said something to me. I started to go on because he went for me. I did not want to be charged for what I had done in the little court. In the middle of Wells Street was another constable what got hold of me and chucked me to the ground. I heard a whistle blown in the middle of Bolsover Street; that was for the other policeman to come. The
other officer was near me when I got up. At first I could not speak a word; my knee was injured. I said, "Officer, you ought not to be so rude to me; I am not these low class of people. I have not done anything." He did not answer anything to me, and the officer what said I came out from the door said, "You keep him here; there has been a burglary." I was taken to the police station. I said to the officer," Look what you have done to my clothes. What for you drop me to the ground?" He said, "I am sorry; I do not know what for you are here." I was placed near the fireplace. Nobody said a word to me, so I said I wanted to go to the w. c. Then two officers searched me. After I came from the w. c. I asked the officer if I could wash my hands. He said "Yes." An hour and a half later the sergeant came in with other officers. They brought in a bag. Sergeant White took out of it a bottle of acetic acid and said he found it on the stairs. He showed other articles. He said, "That electric torch I found in the house." The officers actually touched the bottle of acetic acid. When I fell down in the street I fell on my trousers. An officer came and took off my boots and went away with them. When he came back he asked me questions. I did not know what the charge was. I had no lime on me, only dirt from the street. I was never in the premises in Ridinghouse Street in my life. Hours later, when I was in the cell, I was asked some questions. I said, "My dear man, I have never robbed anybody of a penny, never done such a thing in my life. You can inquire at my work." he said, "All right, the constable saw you running out of the door." I said, "Which door?" He said, "In Riding-house Street." I could smell the acid from the sergeant that came into the cell. He took my hand and said, "Your hand is smelling from the stuff in the bottle." I said if he thought so the best thing would be to fetch the doetor. He said he would have to write a letter to fetch the doctor. I said I should explain everything to the magistrate.
Cross-examined. I have been in trouble before, but not for burglary. I was not running down Wells Street. I was running when I was surprised by Ross. I ran from the middle of Wells Street to Mortimer Street. Glendenning could see me; I saw him as well. When I was arrested I was first taken near to Ridinghouse Street. Sergeant White was standing in Ridinghouse Street. He said, "What is that man for?" The policeman said, "I don't know. Constable 271 gave him over to me." he said, "What have you brought him here for; why not take him straight down? Can't you see we are busy here?" When I was arrested I did not say anything. I did not say anything about others. I said, "You ought not to be so rude." At the station they did not draw attention to my boots being covered with lime. I complained that I was thrown to the ground. I ran away because the officer in the court told me in French, to which I replied that I did not understand. He said, "You had better go away from here or I shall send you home to your country with a cheap ticket." I did not run. I went quietly. He said something about loitering at this time of night, nothing about doing anything
in the court. The two conversations with the policeman only lasted a few minutes.
ISRAEL HARBERMAN , 107, Bolsover Street, shoemaker. I have known prisoner about four years. He sometimes visits me. On Sunday, January 17, about half-past eight or a quarter to nine, he came to my house. My wife and a Mr. Goodman were there. We had supper together. Prisoner left at 20 minutes or half-past 12. I did not know prisoner had been tried in courts before.
LOUIS GOODMAN, 107, Bolsover Street, tailor. I have been lodging with Mr. Harberman two years. I was at home on Sunday, January 17. It was a nasty night, and I was staying at home with Mr. Harberman. Prisoner was there. We had supper about 11 o'clock. He left about 12, or a quarter past or half-past.
Inspector SIMMONS, recalled. Prisoner has been three times previously convicted; on each of those occasions he gave his nationality as a Russian Polish Jew. On this occasion he has deemed it advisable to call himself a German. I find he had not been living at Foubert's Place six weeks. There was not a vestige of clothing of any sort there. He has been out of work for the past six months according to his late landlord's account. There is no doubt he has been an associate of gamblers and men of disreputable character.
Cross-examined. Prisoner has never been convicted of any act of dishonesty at all. He has been bound over once for assault and been fined £20 for managing a gaming-house.
HARRIS GELLER , Foubert's Place, Regent Street, master tailor. Prisoner has worked for me for the last 18 months. We were slack for six weeks, and I had no work to give him. I found him a hard-working man, a good tailor, and thoroughly honest.
Sentence, 12 months' hard labour; certified for expulsion under Aliens Act.
BEFORE THE COMMON SERJEANT.
(Monday, February 8.)
THOMPSON, George (32, bricklayer) ; stealing the sum of £100 in money, one bangle and one pencil case, the goods and moneys of Russell Buckingham, in his dwelling-house; stealing one watch and 13s. 9d. in money, the goods and moneys of Maud Fox.
Mr. G. Tullie Christie prosecuted; Mr. Horace Samuel defended.
RUSSELL BUCKINGHAM , "Crown Tavern," Clerkenwell Green. On January 18 there was a concert at my house. At about 10.20 p.m. I was upstairs taking the brush makers' money. In consequence of a communication made to me by my cook I went to the top of the house. I found the place upside down and missed £100 in gold
from a tin trunk, a gold bangle belonging to the" missis," and a pencil case.
Cross-examined. Before going to the top of the house I went downstairs and gave Mrs. Buckingham the money I had collected and told her to put it in the safe. Perhaps five minutes elapsed before I went upstairs. When I came down again I went into the clubroom and said, "I have been robbed." A man in the room said, "Let the young lady see if she can identify the man." she said she could not Of course, not having seen the man. I could not identify him.
MAUD FOX , cook," Crown Tavern," Clerkenwell Green. At 10.15 p.m. on January 18 I was in my kitchen. I heard the dog bark and went to see what he was barking at. I saw that man (prisoner) on the top landing and said to him, "What are you doing up here?" He said, "I am looking for the concert room." I said, "You know the concert-room is downstairs, because they are singing," and he went straight downstairs and turned his back on me. He was dressed as he is now, but had no collar on. I made a communication to my master, who took me to the clubroom and asked me if I could see the man, but he was not there. Then we came upstairs and found that all the bedrooms had been entered. We went downstairs again into the clubroom, where I saw that man (prisoner) with a blue scarf round his neck. I did not identify him then; I was too frightened; I knew he was the man, but I was too frightened to say so. I next saw prisoner at King's Cross Station and picked him out from a number of other men.
Cross-examined. I said at the police court that when I saw the man on the landing he turned his face to the wall, but at first I came face to face with him. About 20 minutes had elapsed after I made a communication to master before we investigated the rooms. When I was asked in the clubroom if I could identify the man, I made no answer; I was too frightened.
Police-sergeant JAMES CUNNINGHAM, formerly T now Y. On January 26, from the description given me I went to prisoner's house with another officer. I said, "We are police officers and I shall take you into custody on suspicion of stealing, on the night of January 18, £100 from the "Crown," Clerkenwell Green. He replied, "All right; I will go with you. I have heard about it in the papers, but I thought it was the 'Crown 'in Pentonville Road. I have not been to the 'Crown,' Clerkenwell Green, for some months. I suppose I shall be put up for identification?" I said, "Yes." he said, "Do not tell them I have this blue muffler." I said, "I want your face identified, not your clothes." He replied, "Just so." He was taken to the station and placed amongst eleven other persons, all about his own description, and was picked out without any hesitation whatever by Maud Fox. After he was picked out he said to the inspector, "Why did not she pick me out on the night of the robbery when she saw me?" The girl replied. "I was too frightened." When charged he made no reply.
Cross-examined. When we went to arrest him he was in bed. I was at the door two or three minutes while he was dressing; in fact,
I heard his wife say, "They want you; you had better dress yourself. "There is a "Crown" in the Pentonville Road. He did not mention that the name of the landlord was" Dick Jones." I searched prisoner's premises after the arrest. I did not find any evidence of sudden wealth; the premises were poorly furnished. I searched every place where things would be likely to be hidden away. There was little or no money. Prisoner gave his wife 1s. when he went away, leaving himself with 10d.
GEORGE THOMPSON (prisoner, on oath). I am not married; I am living with a girl. I know the" Crown," Pentonville Road. I have been there about twice in the last five months; the last time was in October. I went to the benefit concert held at the" Crown," Clerkenwell Green, on January 18, arriving there about 20 minutes past 10. I walked straight up through the saloon bar to the concert-room, and from the time I went there till the time the witness Fox came in I did not leave the room. Fox and the master of the beerhouse and the potboy came in, and the master stopped the benefit and said, "I have been robbed of £50," or to that effect. When they came in I was sitting on the form along with other gentlemen, singing. A gentleman on the left said, "Let her see is she can identify the man. "She looked round amongst the gentlemen and said to her master, "I cannot see the man here." In the interval before my arrest I had read of the case in the white" Star." I was in bed when I was arrested When I said I had not been in the "Crown" for some months I said the "Crown," Pentonville Hill. I did not mention Clerkenwell Green at all. I had 1s. 10d. on me when arrested, of which I gave my wife 1s.
Cross-examined. On January 18 I was wearing this blue muffler. The mufflers are so common you can buy them anywhere for 4d. each. As soon as the witness Fox came into the Clerkenwell Police Station she said, "That is the man; he has a blue muffler on." That is the only remark that was passed. It is a long time since I last worked as a bricklayer. I have been coursing the last five months. There is not much bricklaying doing. I have to do anything to get a living. I have given the police no information from which they can make inquiries where I have been working. My overcoat is is pawn, and I should think if I had had £100 my missus would have got it out.
Verdict, Not guilty.
Mr. Leycester prosecuted.
Prisoner pleaded Not guilty to a count in the indictment alleging that he had been convicted at West London Police Court on June 1,
WILLIAM CHARMAN . ex-police officer. I produce certificate of the conviction of the prisoner in the name of George Terry on June 13, 1905, of unlawfully acting and assisting in the management of a brothel at 23, Brooklyn Road, Hammersmith, when he was sentenced to three months' hard labour. I was present at the conviction. The prisoner is the man who was convicted under the name of George Terry. He was convicted with a man named Gerrard. I have known prisoner as a Frenchman.
Prisoner stated that he was born in New Jersey.
Sentence, Four months' hard labour; certified for expulsion under the Aliens Act.
CLARKE, James (42, solicitor) ; being the bailer of a certain valuable security—to wit, a banker's cheque for the payment and of the value of £30, did fraudulently convert the same to his own use and did thereby steal the same; being entrusted with certain property—to wit, the banker's cheque aforesaid, that he might deliver it to one John Gordon Langton, did unlawfully and fraudulently convert the said property and the proceeds thereof to his own use and benefit.
Mr. R. J. Drake prosecuted; Mr. George Elliott and Mr. W. H. Rowlands defended.
Mr. Drake stated that the charge had been brought under a misunderstanding and that the prosecutor desired to offer no evidence.
With the approval of the Judge, the Jury returned a verdict of Not guilty.
BIDGOOD, Aillen (41, saddler), and HUDSON, Walter (32, agent) ; both conspiring and agreeing together to defraud Emma Bundy and others of their moneys; both unlawfully and knowingly obtaining by means of false and fraudulent cheques the sum of 7s. 1d. from Frances Newark, the sum of 9s. from George Frederick Warden, the sums of 5s. and 6s. 4d. from George Turrant, the sum of 10s. from Maria Nevitt, and the sum of 10s. from Emma Bundy, in each case with intent to cheat and defraud.
Mr. Montague Sherman (in the absence of Mr. Martin O'Connor) at the request of the Court prosecuted; Mr. Merlin defended Bidgood.
EMMA BUNDY , manageress to—Spring, "Princess Alexandra" beerhouse, Park Road, Crouch End. I know both prisoners. I first knew Bidgood as a customer two years ago when at the "Seven Sisters'" beerhouse, Seven Sisters' Road. I used to lend him money from time to time, amounting to £2 in all, which he repaid with the exception of 5s., which he borrowed in April. On September 23, 1908, Hudson came to me at the "Princess Alexandra" and said that he had received a letter from Bidgood with a cheque for 15s. 6d., requesting him to pay me the 5s. he owed me. I took the cheque (produced) and gave him 10s. change. My brother took
the cheque to the bank and it was returned marked" Account closed." I believe the bank scratched out the signature by mistake.
Cross-examined by Mr. Merlin. I believe Bidgood's family have lived in Park Road, Crouch End, up to February 18, 1908, when Bidgood went to Hampshire. He afterwards went to live as a lodger with Hudson for about six weeks and left Crouch End in the spring. I have always found Bidgood honest in repaying me what I lent him; I lent him money about six times. Hudson has only paid Bidgood's debts once—I have only seen him once. He told me Bidgood had left Crouch End and gone to Hampshire. I know now he was in a hospital at Maidstone Infirmary. I believe Bidgood has lived in a respectable manner and that his friends have money.
Cross-examined by Hudson. I remember your calling to pay me Bidgood's debt of 5s.; I took the cheque for 15s. 6d. and gave you the balance.
GEORGE TARRANT , 51, Palace Road, Crouch End, laundry manager. I first saw Hudson on October 24, 1908, at my office. He said he had been sent by Bidgood to pay his washing account, which amounted to 11s. 8d. He said he had only got a cheque for 10s., would I take 5s. on account and give him the change, which I did, giving a receipt for 5s., and receiving cheque produced for 10s. I had had a cheque from Bidgood before, which was cashed. On Monday, October 26, Hudson came again and said, "I have seen Mr. Bidgood, he has given me this cheque," handing me cheque produced for 13s., together with the receipt which I had given him, and offering to pay the balance of the account, 6s. 8d. I took the cheque, gave him 6s. 4d. change, and on October 27 paid the two cheques into my bank; they were returned marked" Account closed October, 1907."
Cross-examined by Mr. Merlin. By means of these two worthless cheques I have been defrauded of 11s. 8d. Hudson said he had been sent by Bidgood the first time, and the second time that he had seen Bidgood. I am positive he said he had seen him. I had previously had cheques from Bidgood which had been honoured.
Cross-examined by Hudson. On the first occasion you said that Bidgood had sent the cheque to pay his account and would I give him change. On the second occasion you said, "I have seen Mr. Bidgood and here is a cheque to pay your account." You did not say that you had heard from Bidgood.
MARIA NEVITT , 21, Park Road, Hornsey, stationer. I know both prisoners. I knew Bidgood three years ago and have had several cash transactions with him for stationery. In April, 1906, he came and saw some writing cases, and finally selected one at 20s., which he took away. He wished to see one or two others of greater value, and I sent to one of our manufacturers to get some. We did not send them to him because he had not paid for the first one. He wanted to show the more expensive ones to a friend. I next saw Bidgood at the police-court. A week or two after Bidgood had bought the writing case Hudson called to inquire why we had not sent the other writing cases, and I told him why we had not' sent them. He
next came in September, 1908, and handed me cheque produced for 30s., which he said had been sent with others from Bidgood to pay for several things that were owing in Crouch End. I took the cheque and gave him 10s. change, believing what he had said. I sent the cheque to one of our wholesale firms; it was returned in two or three days marked "Account closed." When I took the cheque I had no suspicion that the signature was forged. This took place is September.
(Tuesday, February 9.)
GEORGE FREDERICK WARDEN , confectioner, 44, Park Road, Crouch End. About the middle of last September Hudson's gave me a cheque for 10s. 6d., signed Aillen Bidgood, payable to and endorsed by R. Remington. I gave him 9s., deducting for goods bought. The cheque was dishonoured.
FRANCES NEWARK , shop assistant, 158, Park Road, engaged at 20, Palace Parade, Crouch End. My shop is a branch of a laundry. Hudson came there on October 12, 1908, and said he wished to pay Mr. Skidding's account. Skidding owed 3s. 5d. Hudson handed me cheque for 10s. 6d. (produced), and I gave him 7s. 1d. change. Cheque dated October 10, signed Aillen Bidgood, in favour of the laundry. Hudson explained that he was the executor of Skidding, who, he said, had recently died. I believed the cheque to be genuine. Skidding is still alive, and continues to bring his washing.
CECIL JOHN CREW , managing clerk, Lloyds Bank, Reading. I recognise Bidgood, a customer at my bank in 1907. The six cheques produced are all from his cheque book, and all purport to be signed by him; but I am not confident that all the signatures are genuine.
OSCAR ERNEST WHITE , an accountant in the Reading branch of Lloyds Bank. I produce a list of Aillen Bidgood's cheques returned by my branch. The signatures vary. I am certain that some are genuine, but am not certain as to the others.
Detective-sergeant ALFRED GROSSE, Y Division. When I arrested Hudson he said he had from time to time received cheques from Bidgood and used them at Bidgood's instigation.
Inspector WILLIAM GATWATER, Y Division. In 1907 and the early part of 1908 I have seen prisoners together and separately. At one time Bidgood lodged with the Hudson family.
AILLEN BIDGOOD (prisoner, on oath). In the early part of 1908 I was living with my brother at Crouch End, but had then to leave and to warehouse his furniture. The warehouseman, in the presence of his assistant and prisoner Hudson, took over the furniture. Hudson was in the dining-room with me, and on the table were my cheque book and some other articles. They were still there when I gave up the keys of the house to the warehouseman. Hudson has since received one or two letters from me bearing my signature. In June of last year I met with an accident, and was conveyed to Maidstone Hospital,
and until October 25 I was either in the infirmary or the hospital. On coming out I went to Reading and called on the bank manager to thank him for taking charge of some documents for me. To my surprise and alarm he told me of the dishonoured cheques mentioned in this case. These I then heard of for the first time. I had never instructed Hudson to pay my accounts, nor did he send me receipts for accounts paid nor letters in regard to them. None of the cheques (handed) bears my signature. I should say they were all written by the same person. I have not had a farthing from Hudson in respect of the cheques. I know nothing about them.
ARTHUR BUTTLE , master of the infirmary at Maidstone. Prisoner Bidgood, suffering from a fractured leg, was admitted to the infirmary on August 27, 1908, and discharged on October 25. A record is kept of visitors, and during that period there is no record of his seeing any. A similar record is kept of letters inward, which are brought to me. Bidgood received three during this period—on October I one postmarked London, on October 18 and 20 letters similarly postmarked, I believe.
The Common Serjeant suggested that there was no case to go on with as against Bidgood, and the jury at once returned a verdict of Not guilty in respect of Bidgood.
WALTER HUDSON (prisoner, not on oath.) In the case of the cheque to the Wood Green Laundry, Aillen Bidgood owed an account there, and I paid it in his name. I deny the statement of Miss Newark. As to the cheque endorsed by Remington, he was a friend of mine, and endorsed the cheque made payable to him; but, owing to his not having enough money in the house to cash it and give me the change. I took the cheque to my tobacconist's. I wrote twice to Bidgood while he was in Maidstone Hospital. I received by post all the cheques in question. The signatures were evidently Bidgood's. In every case the cheques were to pay Bidgood's bills, and the balances over were to pay me for what he owed me.
The Common Serjeant. If you wish what you say to be taken as evidence, you must be sworn.
PRISONER (on oath). I produce a promissory note for £12, dated March 28, 1908, payable to me by Bidgood and dishonoured. Bidgood sent me a cheque for 10s. to pay the laundry bill of 4s. 6d., because the balance was to go in reduction of his debt to me; and so with other cheques. The "Remington" cheque was sent me by post. The cheque reached me without any name on it but Bidgood's. I made it payable to Remington, and filled in the amount in words, the figures 10s. 6d. being already there.
Verdict, Hudson Guilty of obtaining money by false pretences; not guilty on conspiracy counts.
Convictions proved: August 30, 1905, Highgate, fined £5 or one month for obtaining money by false pretences; May 28, 1907, at this Court, three months' hard labour for fraudulent conversion of property. Stated to have been subsequently in occasional employment.
Sentence. Six months' hard labour.
The Common Serjeant declined to make an order for the impounding of documents; they would remain in the hands of the Court until further order.
BEFORE JUDGE RENTOUL. (Monday, February 8.)
BLACKBURN, Edwin (43, dealer) ; indicted of having been entrusted by Abraham Spero with one clock, the goods of Albert Edward Payne, in order that he might deliver the same to the said Albert Edward Payne, fraudulently converting the same to his own use and benefit. Mr. Landers prosecuted.
ABRAHAM SPERO , 61, York Street, Westminster (sworn). I am an antique dealer. I have known prisoner some time. On December 31 I sent prisoner out with some goods which I had bought to sell, and at the same time I gave him a clock to give a gentleman that did not belong to me. He came back in the evening and said he had delivered the clock. Prisoner went out with the carman to whom I gave the clock in charge. I asked the carman to deliver it; he said he did not know where the address was. I then said to prisoner, "You might deliver this clock for me. and mind and take great charge, as it does not belong to me" After he told me he had delivered the clock I saw no more of him until I put it in the hands of the police. On January 2 the owner of the clock came to my shop and asked for it. I said I had sent it. He said, "You had better make certain." I said, "He might have left it while you were absent." Before I charged prisoner I asked him what he had done with the clock. The man who owned the clock rung me up on the telephone as he saw it in the newspaper; he said the clock had no business to be sold.
To Prisoner. When you came to my place on December 31 I spoke to you about taking goods out to sell. They were goods between us. Previous to that you had some goods to change, for which I was to give you £2. I had not £2, and I allowed you a Japanese lamp table which cost me 30s. and a copper scuttle. I do not recollect allowing you two clocks, or saying," I am waiting here for a gentleman, or else I would go out with you to sell the goods. I am expecting to go in the country again." I did not say the oval top clock ought to fetch £7 10s. (To the Judge.) I gave another clock to sell and wrapped it in paper to give the carman to deliver.
Prisoner (to the Judge). He gave me that clock to sell. He said, "If I am not in, you take what is due to you according to what you sell."
ALBERT EDWARD PAYNE , 21, Delamere Terrace, Paddington. The clock on the table is mine. I let Mr. Spero have it on approbation just before Christmas. I went over to see him after the heavy snow. He told me he had sent it to my place by prisoner. I said I had not received it.
EDWARD HUBBERTON , carman, employed by Mr. Spero. On December 31 prisoner and I were sent out with some goods to sell. Prisoner was sent to sell a clock as well. We were out all day and could not sell any goods. I was instructed by prisoner that that clock was to be delivered to Mr. Payne. In Soho Square he said to me, "Mind the van while I run round with the clock." When he came back I said, "You have been a long time." he said, "The saucy boy would not take it in; I had to wait till another chap came." He said he had delivered the clock. My master did not want me to deliver the clock. I did not hear all that Mr. Spero said to prisoner. I knew the clock bad to be delivered. I was to drive prisoner round and he was to sell the goods; he used to do the business.
(In cross-examination the witness denied every one of the prisoner's suggestions.)
WILLIAM HENRY GRIFFITH , 185, Great Portland Street, antique dealer, sworn. On January 2 I bought that clock from prisoner for £5. I have known him 10 or 12 years. I should not buy that article off a stranger. I paid by cheque and took a receipt. I heard it was stolen or entrusted to prisoner and on the same day I delivered it to Mr. Spero.
Sergeant SMITH, A Division. At seven p.m., on the 8th of last month, I saw prisoner detained at Kennington Lane Police Station. I told him the charge. He replied, "I know nothing about a clock." I showed him the receipt, pointed opt the signature, William Blackburn," thereon. He said, "I know nothing about that either." On the way to the station he said, "I saw Spero on the 31st. I am a partner of his, and he gave me his van to take some furniture and two clocks to try and sell, and I was to do the best I could. I could only sell the scuttle. I kept one of the clocks and sold it to Mr. Griffiths in Great Portland Street."
To Prisoner. You denied everything about the clock on the way to the station. You told me about the transactions between you and Mr. Spero afterwards.
EDWIN BLACKBURN (prisoner, on oath). A week after Christmas it was a bad week; we could not travel owing to the weather. Spero said to me, "I am waiting for a gentleman to come to get some money, as I am about to go away for three or four days to the country." he said, "You know what our goods have cost; will you take them out and sell them?" I said I would. He said, "You want money and I want money too." When I got the goods the carman drew up. I carried the goods from the shop. He said, "Take those two chairs; you will get your commission on that, 2s. There is this black clock; if you can sell it for £3 10s. or £4 do it. I said, "What about the other?" He seemed to make a rigmarole statement. He said, "I know trade is bad, and it is the Gothic period and not everyone's sale, but where trade is doing it ought to bring £7 10s. You want money and I want money; sell it; take out what
is due you according to what you sell and I will see you when I come from the country." He owed me money at the time. (In reply to the Judge, Spero said that prisoner's statement was entirely false.) On several occasions he has had goods from me and sold them and I have not received any money.
Cross-examined. I had authority to sell the goods; it was verbal. I had authority to keep the money, to take the £12 due to me. I can prove prosecutor owed me the money by the shops where the goods were bought. Mr. Spero has the bill which was paid in my name. I did not pay him any part of the £5 because I was under the impression he was going away in the country. The clock was not sold till the Saturday after. If I had known he was in town I should have gone right to him. He was in want of money. (To the Judge.) I have kept a shop 16 years. I have known prosecutor between 16 and 18 years. We have had no disagreements whatever. At this time I had no shop on account of moving, the County Council wanting my property. I live at 2, St. James's Place, Westminster. I first heard anything was wrong on the Friday. An officer came to my place. He said, "Does Mr. Blackburn live here?" I said, "Which one? There is another brother living the other side of the building." he said he had a summons. The first I heard of this affair was on my arrest. Verdict, Not guilty.
Mr. D. Cotes-Preedy prosecuted; Mr. Schultess Young defended.
Mrs. AMELIA COLLIER, Laburnum Lodge, Margate. Prisoner was cook at my place. Prosecutrix is my daughter. The bracelet before me is my daughter's. She has had it two years.
Cross-examined. I missed it in August. I do not know that it is a very ordinary make of bracelet. I know it is my daughter's watch because it has a scratch in the centre of the face. I do not know the number of the watch by looking at it.
Re-examined. There is a scratch on the face of the watch and this screw of the bracelet was gone; I paid 2s. for having it mended. When she lost it the screw was out again. My daughter put it on the mantelpiece to wash her hands and when she came back she found it gone. I have lost a lot more things beside.
SARAH GOLD , daughter of previous witness. I am 14 years of age. This is my bracelet. I have had it two years. I missed it about August. Prisoner was cook at our house. I was not with my mother when she bought it.
Cross-examined. I have often seen bracelets like this. Prisoner did not tell me she had a bracelet like it. I know she had two other ones; I saw them. She never said anything about others. My mother took care of them for six weeks. Prisoner said there was a thief in the place. The bracelet was bought in Whitechapel Road. I was not with my mother when it was bought; my father bought it.
Whitechapel Road, sworn. This watch and bracelet I took in pledge. The date on the ticket is December 11. I am not certain whether prisoner pawned it.
Cross-examined. It is an ordinary watch. It has no special marks except the crack on the dial.
Detective FAWKES, sworn. I arrested prisoner. When charged she said, "I can prove I bought it."
JOSEPH LEVINE , 14, Umberstone Street, Commercial Road, E., sworn. I know prisoner; she lived with my mother. Prisoner handed this pawnticket to my mother; I saw it the same night. I handed it to the police.
Cross-examined. I do not know why prisoner handed the pawnticket to my mother. My mother is not here; she is ill—queer. Prisoner only asked my mother to hold it for her. Prisoner lodged with as for six weeks.
KATE RUBINSTEIN (prisoner, on oath). I have lived in this country 13 years. I bought this bracelet in Whitechapel four years ago. I did not give any of my property to Mrs. Collier to look after. She is not a person I could trust. I did not miss anything while in her house. I never said there were thieves in the house. I did not speak to prosecutrix about my jewellery. She told me on August Bank Holiday she had lost a bracelet. The one I am charged with stealing is mine. I had it in the same pawnshop three months before. I did not give the pawnticket to Levine's mother. I put it in a cup on the dresser. Three months before I lost my pawnticket, and took an affidavit at Old Street Police Station on the same. I was with Mrs. Collier five months.
Cross-examined. I say this bracelet is mine. I have plenty of witnesses to say the same. I had it repaired many times.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Tuesday, February 9.)
ROLFE, George (41, painter), BELL, William Robert (35, paperhanger), and HAMBLIN, William (49, labourer) ; Rolfe and Hamblin being entrusted with the sum of £8 11s. in money by R. G. Anderson, in order that they might pay the same to divers other persons, fraudulently converting the same to their own use; Rolf and Bell being entrusted by William Marshall Selwyn with the sum of £15 10s. 3d. in money, in order that they might pay the same to divers other persons, fraudulently converting to their own use, £4, part of the said sum.
Mr. Bodkin and Mr. Graham-Campbell prosecuted.
Bell pleaded guilty to counts 3 and 4 for misappropriating £2, part of £4, a part of the £15 10s. entrusted to him and others.
Mr. Graham-Campbell said he would accept that plea and that he desired to call Rolfe as a witness.
The Jury returned a verdict of Not guilty in regard to Bell on counts 1 and 2.
ARCHIBALD FLEMING , minister of St. Columba's Church, Pont Street, About December 3, 1908, Rolfe and Hamblin came to see me and asked if they might attend church on the following Sunday and have a collection. I said I should think it over, and told them to come back the next day, which they did. I consulted one or two friends, among them the Archdeacon of Middlesex, and I told prisoners that they might come on certain conditions—First, that their conduct should be orderly; second, that none should attend except bona-fide Chelsea unemployed, no loafers, and so far as possible no unmarried men, in order that the wives and children might benefit; thirdly, that they should keep accurate lists of all the recipients and check them off as they received the money. We had some general conversation on economic subjects, which I carried on chiefly to take the measure of the men so far as I could. The service took place on the following Sunday—171 of the men attended and a collection was taken on their behalf which amounted, after a deduction of about £9 for the ordinary collection, to £27 1s. 6d. At the request of Rolfe and Hamblin it was immediately distributed under my supervision in the church schools, each man receiving 3s. 2d. I subsequently received further sums from members of my congregation who were interested in this question amounting to £8 11s., which was changed by the Church Treasurer, Mr. R. G. Anderson, into 171 shillings. The body of receipt produced is in Anderson's handwriting, which I am acquainted with. I have not seen Rolfe and Hamblin write; the receipt purports to be signed by them. On January 2 I received letter (produced) stating that there were allegations that the distributions were not correct. I wrote to Hamblin, who wrote an explanation, and I attached no importance to the charges. I afterwards sent for Hamblin and he, with Rolfe, came to see me on January 6 or 7. I then read Hamblin's letter to them and asked them if it was a true statement. It stated that each recipient had had 4s. 4 1/2 d. I asked them if that was a true statement. I said, "I have received this letter from you," addressing them both; they said it was a correct and true account. I then asked them how the £8 11s. could be divided up among 171 men so as to give 4s. 4 1/2 d. to each. They explained that other money had been received in marches of the unemployed and other ways and they had lumped it together. I then asked them if the whole of the 171 men who were at the church had got a share and they said—all with the exception of four or five who had subsequently obtained work and, therefore, they had thought it right to exclude them.
which amounted to £15 10s. 3d., which I handed to Rolfe and Bell. I identify Rolfe. I told Rolfe it was to be divided out amongst the women—to the wives of the unemployed of Chelsea. The money was put in three bags, which were handed to Rolfe and Bell. They came into the vestry after the service. They gave me receipt (produced), which was signed by Rolfe—" Chelsea Unemployed,—Secretary, G. Rolfe; Treasurer, W. G. Hamblin," etc. The body of the document is printed. The money was counted out in the ordinary way by the churchwarden and myself, put into three bags, and given to the two men who came into the vestry for it. There was £7 10s. in gold, 10s. in copper, and the rest would be in silver.
ERNEST CHAMP , 42, Guelfnor Street, Chelsea, painter. I was out of work during last winter, and have known Hamblin and Rolfe about four months through my coming to the Distress Committee and applying for work in King's Road, Chelsea. They came asking for employment in the same way that I did. Hamblin suggested that we should parade out and march as an unemployed procession. We were to meet at Manreiser Road, and about 80 or 90 men met there the next morning. Hamblin said, "Men, I want you to follow me and I will do the best I can for you." On the previous day he had said, "I will look after you and you must parade at the corner of this street at 10 o'clock each morning. We will march the streets up to three o'clock, and when we come back we will share out what we have taken during the day in collections—we will all get an equal share." A committee was elected. Hamblin picked out the committee—he would say to a man," How would you like to be on the committee?" and put him on. He told me his position was organising treasurer tod that Rolfe was secretary. Hamblin announced that he himself was to have 4s. a day as the organiser. Bell was the chairman and he spoke to Bell about that. He said Rolfe was to have 2s. a day and each other committeeman was to have 6d. a day. On several days we had processions through the streets, about four or five days a week when the men came up. Hamblin said that the processions were to be held, and he decided what routes to take. He and Rolfe instructed us that we were to shout as we marched through the streets, "What do we want, men?—work." Collections were made, and after the parade the money was divided out by Hamblin and the committee. While the processions were going on Hamblin and Rolfe used to leave us and go into the" Cadogan" public-house, the" Queen's Arms" in Fulham Road, and several other public-houses. Once or twice we went out of the district, but we usually paraded only in Chelsea. I believe only genuine unemployed men joined the procession. I have seen Hamblin and Rolfe come out of public-houses, and I have seen Hamblin of a night coming along the King's Road with a cigar on and the worse for drink. I have not see Rolfe with a cigar on, but I have seen him in Hamblin's company a little intoxicated. I have had no conversation with them, or heard any conversation with them and Bell. Once I heard Bell ask Hamblin about a letter from Miss Ellen Terry. Hamblin said, "I have received a letter, but I cannot announce it to you yet until I get a further answer from her, which
she will send me by the 19th or near about that date, when she comes back from the Continent." I went to the service on December 6 at St. Columbas Church, in Pont Street. I received 3s. 2d. from the officers of the church. I received nothing of the £8 11s. that was subsequently sent to Mr. Fleming. I heard about that money a week after Christmas. There were street processions between December 10 and 17; the money was divided out at the end of the parade. There were also processions from the 17th to the 24th. The money taken at these processions was divided on the 24th. I got 1s. 8d. (To the Judge.) After the processions the money was counted up together in the presence of all the men. It was collected by the men, picked up in the street, and put in their pockets and given to the committee men, who announced the amount that had been collected. I think it was 1s. 7 1/2 d. that I had on December 24—not 1s. 8d. On Christmas morning I went with Hamblin and others of the unemployed to Markham Square Church. Bell and others went to St. Simon's Church, and we afterwards returned to Chelsea Embankment. The three prisoners were there. Bell announced that they had had a very nice collection from St. Simon's Church, and asked Hamblin how much it was at Markham Square Church. Bell said to Hamblin, "What is yours?" Hamblin said, "£2 1s. 3d. from Markham Square Church." Bell said, "We had a better collection than that. We had £11 10s. 3d." Hamblin announced the amount of the collections as £13 12s. 5d. from the two churches. I believe 98 men received 2s. 6d. apiece. I did not know that the collection at St. Simon's was £15 odd—£15 10s. 3d. I never shared in the extra £4.
Cross-examined by Rolfe. Rolfe has been secretary for several weeks. I could not say how long. I have been in it since it started. I have seen him the worse for drink coming out of the "Cadogan" in the daytime on procession days. I was working on some days woodchopping for the Church Army. After the procession started we very likely would not see Rolfe for two or three hours. I believe he was not in the procession for the four days before Christmas. (To Hamblin.) Hamblin had 4s. a day as organiser; I do not know when he received it. It was only in the last week that he mentioned the 4s. a day. Rolfe was only secretary towards the end of the time, about the third or fourth week after we started. I never heard a secretary announced before Rolfe was. He was secretary the whole of December. We had a meeting at Gunter Hall, when Hamblin announced that only the men who marched in a particular week should share in what came in from other sources that week.
(Wednesday, February 10.)
HARRY ANDERSON , 18, Beaufoy Square, Chelsea. I am a labourer and have been out of work 10 weeks. I took part in the street parades of the Chelsea unemployed since the first day we paraded. I worked with Hamblin five weeks on a building. He described himself as organising treasurer and Rolfe described himself as secretary.
I went to St. Columbus's Church on, Sunday, December 6, with the other unemployed, and received 3 1/2 d. as my share of the collection that was taken on that Sunday. After that service I remember seeing something in the "Chelsea Mail." The morning after I had seen it I saw Hamblin in the King's Road, and asked him if he had seen anything in the paper about the £8 11s., in respect of which a member of the Scotch Church was asking if it had got lost. Hamblin did not tell me he had received that £8 11s. Parades were going on between December 10 and December 17 and there were collections, the proceeds of which were shared out every day by Hamblin. Hamblin used to announce everything received, but nothing was ever said about £8 11s. in connection with the Scottish Church. I was present at the four parades between December 17 and 24. On the 24th the sharing-out took place in the "Brewers' Arms," King's Road, and I received 8 1/2 d. The £8 11s. was not then announced and I have never received a share of it. I went to the service at St. Simon's Church on Christmas morning. A collection was taken. Rolfe was in church with me. After the service we went with the rest of the unemployed on to the embankment at Chelsea. Rolfe, Hamblin, and Bell were all there. Bell announced that the collection at St. Simon's Church amounted to £11 10s. 3d. Rolfe and Hamblin were near enough to hear him. Hamblin then announced £2 1s. 3d. from St. Martin's, and there was a division of the two sums, each receiving 2s. 6d. I never received any share of the sum of £4 deducted from the St. Simon's collection.
To Rolfe. It is not true that we paraded the streets on January 7 and received 1s. apiece. When I went to Mr. Selwyn and got the "Church Magazine" I saw the amount that had been collected at St. Simon's was £15 10s. 3d., not £11 10s. 3d. I took the magazine down Manresa Road, where there, too, was a parade going on, but neither Rolfe nor Hamblin was there; they could not be found. I did not know that at that time you were engaged upon a moving job from No. 4, Cottage Place, Brompton, to Maidenhead. I was not parading on the Monday, Tuesday, and Wednesday before Christmas. I was not on those days selling pamphlets for the Central Unemployed Union.
To Hamblin. There was no parade on Monday or Tuesday in Christmas week. There was on the Monday and Tuesday before that. In Christmas week my share was 8 1/2 d. I was not there the whole time the money was being shared out. When I got my money I went off because a butcher had promised me a Christmas dinner for my children. The share for the men who had paraded all the four days was 4s. 4 1/2 d. It is not true that I was selling the National Unemployed Leaflets in Sloane Street, and was receiving 8s. or 10s. a day and went home drunk. It is not the fact that between December 6 and December 19 I went woodchopping; that was after Christmas. I was bound over for 12 months for throwing a poker at my wife. My wife was nagging me because I was out of work and could not bring home any food for the children.
I was out of work. For 13 weeks I had been laid up with enteric, and from about June I had been out of employment. In December I took part in the street processions of the Chelsea unemployed. I became a member of the committee, which was formed about the beginning of November, through being asked to take up the position. The first secretary, Mr. Lewis, was succeeded by Rolfe about the second week in November. Bright and Jones were also members of the committee. Those are all I recollect then. In the last portion of the time the committee consisted of Hamblin, Rolfe, Bell, Bright, Piears, Williams, and myself. Avery was not on the committee till the last week. The committee sometimes met at Rolfe's house, sometimes at Hamblin's. Rolfe and Hamblin were paid occasionally 1s. or 2s. for the use of the room. When payment was made to members of the committee they received 6d. each. Apart from payments for the use of the rooms, the committee voted payments to Hamblin and Rolfe; 2s. or 3s. was paid to them in that way, and in the last week Hamblin received 16s. as organiser, Rolfe received 8s., and five committee men 1s. each. I did not go to the service on December 6 at St. Columbus's, nor to the service on Christmas morning at St. Simon's. I received 3s. 2d. from the service at St. Columbus's on account of having marched with them during the week. That was paid me by Hamblin. I heard from Hamblin of a further sum of £8 11s. having been received from the members of that congregation. I read of it in the "Chelsea Mail," and asked him about it. He showed me an entry in a book and said it was all right. I supposed it had been distributed to the men. I think it was Anderson and Champ who informed me that £15 10s. 3d. had been taken at St. Simon's Church on Christmas Day. I was present on December 24 when the money was distributed at the" Builder's Arms," King's Road. I had taken part in the parades on Monday, Tuesday, Wednesday, and Thursday in Christmas week and also on the Friday, which was Christmas Day. The amount was announced each day at the close of the parade and the distribution was held over until Christmas Eve. On Christmas Eve I got 4 1/2 d. Nothing was said about the £8 11s. coming from St. Columbus. I had nothing to do with the preparation of any balance-sheets.
To Rolfe. As a rule we did not march on Monday, Tuesday, or Wednesday, and the men had that time to look for work. I never attended a committee meeting in a public-house. I never saw Rolfe leave the parades and go into the" Cadogan" public-house. I never saw you the worse for drink during the parades. I do not think you were intoxicated on the night we shared out the money in the "Builder's Arms."
To Hamblin. Balance-sheets have been produced during the unemployed marches, but not properly drawn up. I do not know of any small parades of 20 or 30 men since Christmas. At the distribution on Christmas Eve there were two men named Condon and one named Manley the worse for drink. I saw you and Rolfe coming out of the "Hope" in Arthur Street the worse for drink, but that was after the parades were done.
WILLIAM CONDON , labourer, 8, College Place, Chelsea. Prior to December I bad been out of work nine weeks. I took part in the processions of the Chelsea unemployed in November and December of this year. Collections were taken during those processions. Hamblin and Rolfe used to take part in the processions. I was one of those present at St. Columbus's Church on December 6. I got 3 1/2 d. as my share of the collection. I heard of a further sum of £8 11s. having been received from members of that congregation about three days after Christmas. I asked Hamblin if he had received it. He said, "No." I never had any share of it. I was not present at the service at St. Simon's on Christmas morning. After service I went to the Embankment and saw Hamblin and Rolfe. Hamblin announced the money that had been collected at St. Simon's and St. Martin's. I think we got 8 1/2 d. that morning.
ROBERT BELL . The first time I had anything to do with the unemployed was on December 4, 1908. I subsequently went on the committee. I went to St. Simon's Church on the morning of Christmas Day with Rolfe and about 30 unemployed. After the service the vicar handed Rolfe a bag with gold in it, a bag with silver, and a bag with coppers, the total amount being £15 10s. 3d. Having given a receipt for the money Rolfe and I walked towards the Embankment. On the way Rolfe said to me," The committee has to be paid out of this to-day." I said, "What do you mean?" He repeated, "The committee has got to be paid to-day." I said, "Who knows about this?" he said, "Hamblin and Bright. We had a committee meeting this morning, and if they had been allowed to have their way you would not have been allowed to go to St. Simon's Church." He took £2 out of the bag with the gold in it, and he then put the bag in his pocket. Further down towards the Embankment I saw him with his fingers in the bag again. I said to him," What is up now?" He said, "I am going to take another couple of pounds out of this." I said, "Good God, out of a sum like this, £4?" he said, "Yes, what would it matter if we took half of it? What do they think of you going straight? You are out of work and the missis expecting to be confined every day. You have got five little kids; cannot you do with it?" I then foolishly gave way. He took £2 out of the bag, gave me £1 and kept a sovereign himself. On the Embankment Hamblin announced £13 11s. 6d. as the sum to be distributed. All the men who went to the different churches that morning received 2s. 6d. each, leaving a surplus in hand to pay the committee. After the men had dispersed I said to Hamblin, "Do you know about the £2 coming out of the money to pay the committee this morning?" He said, "Yes." I then said, "Who do you call the committee?" He said, "Rolfe, Bright, you, and myself." I said to him, "Do not you think if this thing is going to be crooked that poor devil (Piears) could do with a bit for his wife and kids?" Hamblin then said to me," Is he straight?" I said, "If he does not have it, then none of you will." Hamblin agreed that this man
Piears should have a share. At the corner of Church Street, Chelsea there being present Rolfe, Hamblin, Bright, Piears, and myself, Rolfe said, "I am going off home to dinner," and handed to Hamblin £1 12s., deducting his own share from the first two sovereigns taken out of the bag. Then Hamblin, Piears, Bright, and myself went to the" Cadogan Arms," where Hamblin handed to Piears, Bright, and myself 8s. each, keeping the remaining 8s. himself. We then went to our respective homes.
Sergeant EDWARD BARRETT, B Division. On January 11, about 1.30 p.m., I went to the" Queen's Elm," Fulham Road. I caused the prisoner Hamblin to be called out of the house. After he came out I said to him, "I understand you were organising treasurer of the Chelsea unemployed?" He replied, "Yes." I said, "I have a warrant for your arrest, for that you in the month of December did convert money, entrusted to you to hand to the Chelsea unemployed, to your own use and benefit." he said, "How much is it?" I said, "The amount in the warrant is £8 12s. 6d., received by you from the Scotch Church, Pont Street." He replied, "I have been expecting this. I do not intend to run away. I know what has become of the money I had." At the station, when the charge was read over, he made no reply. In his possession I found subscription lists bearing his name as organising secretary, with that of Rolfe as secretary and the names of the committee. One of the lists contained 108 names in pencil, apparently subscribers of small amounts. Upon him was also found a small book with details of expenditure. The same evening, accompanied by Detective Markham, I saw Rolfe at Jubilee Place, Chelsea. I said, "I believe your name is George Rolfe and that you are secretary of the Chelsea Unemployed Committee?" He replied, "Yes; I have been expecting you. I am very sorry; I had nothing to do with it." I said, "I shall arrest you on a warrant for being concerned with Bell in fraudulently converting £4 to your own use and benefit on Christmas Day, which was entrusted to you for distribution to the Chelsea unemployed." He replied, "This is what comes of trying to get them a bit. Condon, Jack Henderson, and that lot ought to shout; they never did a day's work in their lives. All they want is beer. They will be in my place when I have done my lot." At the station he made no reply. When I searched him I found upon him two balance-sheets and a cutting taken from the "Church Magazine." On the morning of January 19 at Westminster Police Court I showed Hamblin and Rolfe a receipt signed by Rolfe and said, "This is the receipt for moneys received by you from the Scotch Church in Pont Street." Rolfe said, "It is quite right." Hamblin said, "Yes, we had the money."
churchwarden. He denied that he abstracted £4 in the manner described by prisoner Bell.
WILLIAM HAMBLIN (prisoner on oath) said that when Roche and Bell came to him on the Christmas morning they announced that the collection at St. Simon's Church amounted to £11 10s. 3d. His own collection at St. Martin's Church. amounting to £2 1s. 3d., that made £13 11s. 6d. to divide, and on the Embankment he distributed to about 100 men at the rate of 2s. 6d. per head. With regard to the £8 11s. from St. Columbus's Church, he told the men to whom distribution was made on Christmas Eve that the £8 11s. was included in their share. He kept it back till Christmas, so that the distribution then made might be larger.
Verdict. Rolfe and Hamblin, Guilty. A number of convictions were proved against Rolfe, including three months' hard labour for perjury on September 12, 1905. Hamblin had not been previously convicted.
Sentence: Rolfe, six months' hard labour; Hamblin, three months' hard labour; Bell, seven days, entitling him to be at once discharged.
BEFORE JUDGE RENTOUL.
(Tuesday, February 9.)
STEFANO BRUNERO (through an interpreter). I work at the Comedy Restaurant as a cook. Prisoner also worked there; he washed the silver plate and cutlery. On January 14 I was in the kitchen at 9.45 p.m.; he was coming downstairs with some plates; we met on the stairs; he put a silver plate over my face; I had in my hand a potato-slicing machine. I put the machine in his face. He had not then a knife in his hand. He asked me to fight him, and we began to fight. This was in the basement. We began in fun, but fought in earnest after a while. After fighting about a minute he got a kitchen knife off the table. I had not time to draw back, as I was bending forward and the knife went through my left breast. I went to the hospital in a cab with the restaurant manager. Prisoner struck me as hard as he could with the knife.
PRISONER (through interpreter). I do not wish to cross-examine. I ask him to forgive me. I am not guilty. We were larking and he came against me when I had the knife in my hand.
Sergeant BAKER. 13 C Division. On January 14, about 9.30, I was called to the Comedy Restaurant. Prisoner was detained in the passage there by the proprietor and others. I was told he had wounded
a man in the kitchen, and took him into custody. I produce the knife handed to me as the one with which it was done. There was blood on the point of it. It was covered with fish scales. I charged prisoner in English. He did not understand. The following morning he was charged through an interpreter and denied the charge.
HENRIK ZEIKEL . On January 15, at 9.30, I went to Vine Street Police Station. I saw prisoner there. I read the charge to him in Italian. He said, "I did not do it with any intent. I done it in fun. He gave me a smack in the head and on the nose. I told him to be quiet and took a knife to frighten him. I was too close to him and the knife went through him. I am willing to pay his day's wages if he will withdraw the charge. Nothing else to say."
Dr. FREDERICK C. DAVIS, house surgeon at Charing Cross Hospital. I remember Brunero being brought in on January 14. I examined him. He had a punctured wound between the seventh and eighth rib on the left side. I was shown a vest which had a hole corresponding to the wound in the chest. The wound could be caused by the knife produced. Considerable force would not be necessary, and I do not think it was used.
S. BRUNERO, recalled. We were never friends. We had been at the restaurant about six months. We were only so-so acquaintances. Prisoner was on good enough terms with all the rest. Sometimes prisoner and I quarrelled, sometimes we were larking.
Prisoner. We were good enough friends up to this day. I had the knife in my hand for fun. I picked it up from the table.
Cross-examined. I was not coming downstairs. I had np plate in my hand. Brunero had a cutting machine. He did not hit me with it. He did not strike me in earnest; we were joking. I took up the knife for a joke. I did not mean to stab him. He fell on the knife.
Verdict, Guilty of common assault.
Sentence, One month's imprisonment, second division.
Sentence, Eighteen months' hard labour.
BEFORE JUDGE RENTOUL.
(Wednesday, February 10.)
Mr. Wimphfeiner prosecuted; Mr. Schultzen defended.
MAY FREEMAN , wife of Isaac Freeman, 50, High Street, Putney. While staying in last witness's house I had a gold necklace and charm and missed them there. This (produced) is the charm. I left the articles in my bedroom, and on returning found they had vanished. I next saw the charm at the North London Police Court. Prisoner usually brought a cup of tea to my bedroom in the morning.
Cross-examined. She did not enter my room on these occasions. I dare say there are plenty of charms like this.
Detective WILLIAM FAUX. On December 30 I arrested prisoner and found her wearing the charm produced.
Verdict, Not guilty.
On two further indictments for stealing no evidence was offered and in each case a verdict of Not guilty was entered.
Mr. Liversage prosecuted; Mr. Huntly Jenkins defended.
ALEXANDER SCHLIEMANN , trading with. Bernard Selt as The British Art Company, 61, Essex Road. Prisoner, who in 1906-7 had been travelling for my firm, came in October, 1908, to see my partner and I, and said he knew of a lot of picture postcards that could be bought cheap. We told him it was not convenient for us to provide the money required—£23—and he said he could get our bill discounted for the amount. He asked how we stood for Saturday's wages, and I said we could do with £10. He said, "Don't bother, make it £15. He worked out the discount, making the amount £23 8s. 9d., plus £15, or £38 8s. 9d. We were to have the £15 at the end of the week. He came on the following Friday to my office and said he had been unable to get to the bank but would see me on the Saturday. He did not see me. On the Monday evening prisoner sent by a porter an envelope containing a cheque for £10 and a business card, on which was written, "Please write to Spalding." I wrote to him at Spalding complaining of nondelivery of goods, and received his reply that the bill had not passed the bank for discount. His cheque was dishonoured. On October 28 I wrote demanding return of the bill and stating that it would not be honoured, if presented. His cheque was again presented and returned marked, "Payment stopped." On October 31 he called and
showed me a telegram from Farrow's Bank purporting to explain why the bill had not been discounted. I accepted the explanation. On November 18 I wrote requiring the bill to be returned without fail. On the 28th idem I received a letter from prisoner counterclaiming for over £230. We owed him about £4 16s. for commissions and about £50 for goods supplied. Till November 28 prisoner never suggested that our bill had been discounted. His story was that he had been unable to do anything with it.
Cross-examined. Had I known that the telegram from Farrow's Bank—"Regret cannot discount bill"—was a genuine telegram, though it referred to another bill, I should nevertheless have prosecuted. I think it probable that he knew where to get the postcards The prisoner's counterclaim is quite ridiculous.
WALTER HENRY JONES , departmental manager, Farrow's Bank, Cheapside. On October 20 prisoner's account was overdrawn by 6s. Next day he paid in £13 and a bill (produced) for £38 8s. 9d., credited to his account on that date, making his balance £51 2s. 9d., against which he drew six cheques on that date, reducing his balance to £28 2s. 11d., and continued to draw till, on October 31, the account was £4 8s. 2d. overdrawn.
Cross-examined. The bank did not inform prisoner that the bill had been discounted.
Sergeant PULLEN, N Division. On January 30 I arrested the prisoner, who said, "Oh, they have gone to the full extent, have they?"
FERDINAND MOSING (prisoner, on oath). On October 21 I lodged for discount the British Art Company's bill and lodged at the same time, or a day later, another bill for discount. On the 21st, before receiving the Art Company's bill, I had made a formal offer of 5s. a thousand to W. E. Beyers and Co. for 125,000 potscards. Besides that, I had paid partly for the Art Company's order and partly for other orders—more than £40—all for postcards. All the cheques I drew went for goods. I thought I was drawing them against the other bill, not against the Art Company's.
Cross-examined. On November 2 I first ascertained that the Art Company's bill had been discounted. Very likely I knew on October 20 that my account was overdrawn. Schliemann gave me the bill, not to purchase the cards, but to pay for them if I chose to purchase them. Three weeks later I found out from Beyers that I could not purchase them, and meanwhile I had spent the proceeds of the bill. I did not tell Schliemann that I had spent the money and could not get the cards, for he never asked me. I think that was an honest business transaction. You presume that I was intending to hand over the cards to the prosecutors. Theirs was a manufacturing concern, which has on its cards," We do not publish." How could such
a concern step in as a dealer. Schliemann knew that part of the 125,000 cards had been already disposed of. Had it been known in the trade that the Art Company were dealing generally in postcards no publisher would have given them orders. The £37 10s., was simply a loan of money to me. I was to discount the bill and use the proceeds for my commercial ventures.
CARL KRAUSS , manager of Beyers and Co., picture postcard merchants. In October last I had an offer for flower cards. Prisoner ordered about 120,000. A week or two afterwards the manufacturer informed me he had sold the goods to somebody else. I tried unsuccessfully to get them from the buyer. Prisoner seemed anxious to secure them.
Sergeant PULLEN produced prisoner's record as furnished by the Hamburg Police:—1899: January, deserted from his regiment; April, disorderly conduct. 1895: November, conspiracy and embezzlement, one year's imprisonment and one year's loss of his rights as a citizen. There was no complaint against him in England.
Sentence: Nine months' imprisonment, second division.
BEFORE THE LORD CHIEF JUSTICE
(Wednesday, February 3.)
Mr. Barrington Ward, who appeared to prosecute, said that this was a case of manslaughter by neglect. On December 2 a charge was preferred against this woman of neglect in respect of Sarah Dover and several other children. Her husband was charged with her; he was bound over under the Probation of Offenders Act, and the woman was sentenced to one month's hard labour. The child was sent to the infirmary and subsequently died, and a coroner's jury returned a verdict of manslaughter. The prosecution felt that if the case went on and the Jury were to convict the prisoner the practical effect would be that the Court would have to sentence her again for the neglect in respect of which she had already been punished. In these circumstances the prosecution offered no evidence.
The Lord Chief Justice said he thought the prosecution had taken the right course, but he pointed out that it was clearly established that if death resulted from any act, the fact that there had been punishment for a less offence was no answer to the charge of manslaughter. Therefore he did not sanction the adoption of this course (proper course as it was) on that ground. If he had thought there was a strong case for finding the prisoner guilty of manslaughter he would have let the case go on.
Verdict. Not guilty.
BEFORE JUDGE RENTOUL.
(Wednesday, February 3.)
COLLINS, Joseph, otherwise Andrews (30, artist), ANDREWS, Robert (24, farmer), SANSOM, James (24, barman), and MORAN, Florrie (18, servant) ; burglary in the dwelling-house of William James Webster and stealing therein one gold key and case and other articles, and the sum of 10s. in money, and feloniously receiving the same; and Robert Andrews of assaulting William Waters and William Bowden with intent to prevent his lawful apprehension.
Mr. Warburton prosecuted.
Moran pleaded Not guilty; the prosecution offering no evidence, a verdict of Not guilty was returned. The three male prisoners pleaded Guilty.
Police evidence proved that Joseph Collins, otherwise Andrews, was in 1905 sentenced to 3 1/2 years' penal servitude and two years' police supervision and was bound over for stealing cigars; 1899, three years'; 1903, 20 months' hard labour; 1905, two months' His brother, Robert Andrews, was sentenced in 1905 to three years' and two years' police supervision; 1898, bound over for stealing; 1899, 14 days' and three years in a reformatory; 1902, three months'; 1903, months'; 1905, two months'. Joseph Andrews was notorious for deceiving young girls and spending their money. The latest instance was that of Florrie Moran, just discharged. Robert Andrews had done some gardening and flower-selling. The brothers were dangerous thieves and a pest to the neighbourhood. Sansom, a barman, had been thrice discharged for drinking, but nothing else was known against him. In the absence of the other prisoners, he would probably reform.
Sentence: Joseph Andrews and Robert Andrews, each to Five years' penal servitude. Sansom, released on his own recognisances in £5 to come up for judgment when called upon.
BEFORE THE LORD CHIEF JUSTICE. (Thursday, February 4.)
NADIN, George Cutler (35, seaman), was indicted for and charged on the coroner's inquisition with the wilful murder of Angus Campbell Nadin, Johann Campbell Nadin, and Frederick Charles Nadin; he was further indicted for feloniously wounding George Cutler Nadin the younger and Margaret Macpherson Campbell Nadin with intent to murder them; further, for attempting to murder himself.
Mr. Leycester prosecuted; Mr. Oddie defended, at the request of the Court.
Mrs. ADELAIDE MCCOMBIE, 10, Bethel Avenue, Plaistow. Prisoner and his family lived next door to me; there were prisoner, his wife, and five children, the eldest 12 years, the youngest three years old. Prisoner was employed on a ship plying between London and Southampton; he was a quiet, respectable, hardworking man, very fond of his family. About 7.40 on the morning of November 21 I saw the little boy Angus come out of their house; he had on only his nightshirt; he was bleeding from a wound in the throat; I went to the house and saw prisoner and his wife struggling in the passage; he had a razor in his hand, and was cutting at his throat. I got the razor from him, but he pulled it out of my hand; I saw that he was too much for us; I went for my husband, and he fetched the police. Cross-examined. Just previously to this prisoner had been ill and had to stay at home from his work; he had been suffering from sleeplessness. During the eight years I have known him he has lived very happily with his wife and family.
The Lord Chief Justice remarked to the witness that she had shown the greatest courage, and set an example of which she might well be proud.
HARRY MILLS and WILLIAM A. FARMER, two neighbours, spoke to going into the house on being called upon by Mrs. McCombie, and finding the five children with their throats cut, three out of the five dead. Both witnesses described prisoner as a sober and respectable man, devoted to his family.
After police and medical evidence, Mr. Oddie, for the defence, called.
Dr. JAMES SCOTT, medical officer of Brixton Prison, who said: I have had prisoner under observation since December 29. In the course of conversations he has told me that about eight years ago he had his head squeezed by some shot cases while at work in a ship-building yard; that six or seven months ago he had a slight accident with a winch on board ship, injuring his arm and chest; that he had had attacks of lowness of spirits from time to time; that he "felt all gone," and had not been sleeping well. As to this fatality, prisoner said he remembered getting up on that morning, but after that he remembered nothing; his mind was a blank about it all; the first thing that aroused his suspicions was that, when his wife visited him in Poplar Hospital, he observed that she was dressed in black; he asked her why and she gave evasive answers; he did not know all the particulars until he was charged on December 29 on leaving the hospital. All the time he has been in prison he has been in a depressed state of mind. I believe he has spoken the truth to me. I cannot say that he has any insane delusions, but he is still suffering from melancholia and great mental depression, with insomnia and loss of memory. Having regard to the evidence here and on the depositions which I have read, and to my personal observation of the man, I think that on November 21 he was insane and incapable of knowing the nature and quality of the act he was committing.
Inspector BALL was called to prove a statement made to him by prisoner's mother (accidentally not now present). Prisoner's mother told me that she had had a conversation with her son a few days before this occurrence; he was under the impression that he had not been so good as he might be, that God would punish him for what he had been doing wrong, that directly the pains went from his head to his heart it would be all up with him; she was under the impression that he had been attending some religious meetings, and that he was suffering from what is called religious mania; she added that before that she had never noticed anything strange with him.
Dr. JAMES SCOTT, recalled. Bell's evidence strengthens my opinion that prisoner had been insane for some little time before committing this act.
Verdict. Guilty, but insane at the time.
Prisoner was ordered to be detained during His Majesty's pleasure.
BEFORE THE RECORDER (Wednesday, February 3.)
Sentence, Nine months' hard labour.
Prisoner was stated to have come six months ago from Paris, where he bore a good character.
Sentence, Six months' hard labour; certified for expulsion under the Aliens Act.