1909, MARCH (2).
Vol. CL.] Part 894.
CENTRAL CRIMINAL COURT
HELD MARCH 23RD, 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.]
THE ARGUS PRINTING COMPANY, LIMITED,
CORNER OF TUDOR STREET AND TEMPLE AVENUE,
LONDON, E. C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, March 23rd, 1909, and following days.
Before the Right Hon. Sir GEORGE WYATT TRUSCOTT , Knight, Alderman, LORD MAYOR of the City of London; the Hon. Sir ARTHUR MOSELEY CHANNELL, one of the Justices of His Majesty's High Court; Sir J. WHITTAKER ELLIS, Bart., Sir G. F. FAUDEL-PHILLIPS, Bart., G. C.I. E., Sir JAS. THOMSON RITCHIE , Bart., Sir DAVID BURNETT , Knt., Sir T. VANSITTART BOWATER, Kt., Aldermen of the said City; Sir FORREST FULTON , Knight, K. C., Recorder of the said City; His Honour Judge RENTOUL, K. C., Commissioner, and His Honour Judge LUMLEY SMITH , K. C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
ARTHUR D. HANSELL, Esq.
H. W. CAPPER, Esq.
CENTRAL CRIMINAL COURT.
TRUSCOTT, MAYOR. SIXTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, March 23.)
Mr. Duckworth prosecuted.
Prisoner threw a stone and smashed the window of prosecutor's premises—a jeweller's shop in the City—and was immediately seen with a bracelet taken from the window. His story was that he was cold and hungry and that he was subject to epileptic fits, and did not know what he was doing at the time.
Sentence, Six months' hard labour.
THOMPSON, Edward Lascelles (21, soldier), pleaded guilty of, with intent to defraud, feloniously endeavouring to obtain the sum of £5 from Samuel Blackwell Guest Williams, the sum of £5 from Herbert Edward Durand, by means of forged telegrams well knowing the same to be forged; feloniously demanding and obtaining £5 from George William Jackson by means of a forged telegram, well knowing the same to be forged; feloniously forging and uttering knowing the same to be forged a receipt for money, to wit, the receipt for a telegraph money order for £5.
Mr. Herman Cohen prosecuted; Dr. Lange appeared for prisoner. Prisoner was a man of good education and well connected. The four indictments covered three cases in which he had attempted to defraud by sending telegrams in the names of old schoolfellows of his to their parents, saying that he was in urgent distress, and asking for money. In one case he obtained £5 and forged the receipt to a telegraphic money order for that amount. He attributed his downfall to drinking habits.
Prisoner was released on his own recognisances in £100 and those of his brother in as like amount to come up for judgment if called upon.
Mr. Forster Boulton, M. P., prosecuted.
Police-constable FREDERICK COOPER , 628 X. On February 25, about 11 p.m., I was in Uxbridge Road, in plain clothes. I saw prisoner and another man looking up and down the road; the other man had five or six postal orders in his hand. They went into the "Mail Coach" public-house; I followed. Prisoner called for two drinks, tendering a postal order for 17s.; the manager said, "This is no use to me, and you had better be careful where you take it"; prisoner replied, "Oh, we have bought them cheap"; a sixpence was then tendered for the drinks. The other man left the bar; I followed him outside, told him I was a police officer, and caught hold of him. Prisoner came out and tried to rush away; as he was the man who actually tendered the postal order I let go the other and took hold of prisoner; the other man ran away. On being searched prisoner was found to have two half-sovereigns, 13s. in silver, and some bronze.
To Prisoner. When I told you to be careful where you took the order, you did not say, "Well, I'm glad I did not buy it, though I could have bought it cheap."
FRANK BEADING FROST , clerk in the Money Order Department, General Post Office, said that the order in question was one that had been already paid, and described the method by which the indications of its payment had been removed.
Sergeant JAMES BUXTON , X Division. On being charged at West London Police Court, on March 5, prisoner made the following statement: "I will tell you the truth. I went into this public-house to have a drink; I had been in there a few minutes when a man spoke to me; he said, 'I have got a postal order for 17s., the post-office is shut, will you buy it for that amount?" I said no, I had not got the money; he then said, 'Will you cash it for me?' I said, "Oh, yes, if it's all right; he said it was all right. The man was a perfect stranger to me, and I never saw him until I had entered the house when I was having a drink." Prisoner refused to furnish his address, or to give any account of himself.
Prisoner, in his defence, handed up a statement containing a story similar to that told to Buxton.
Mr. Forster Boulton asked his Lordship to postpone sentence till next sessions, to allow of the investigation of a number of similar frauds.
WILSON, Bertrand (32, clerk), pleaded guilty of, on October 24, breaking and entering the shop of Ernest Copeland and stealing therein 69 postal order forms, and divers moneys, of the value together of £3 or thereabouts, the goods and moneys of His Majesty's Post-masterGeneral; further breaking and entering the same shop on February 10 and stealing therein other moneys of His Majesty's Postmaster-General; forging and uttering, knowing the same to be forged, six orders for the payment of money, to wit, six postal orders for the payment and of the value of 10s. 6d. each with intent to defraud.
Mr. Forster Boulton, M. P., prosecuted.
Several letters from former employers of prisoner were read, and a Mr. Kettridge, of Chadwell Heath, gave him an excellent general character.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, March 23.)
SHARP, William (22, painter) , indicted for breaking and entering the warehouse of Hyman Phillips and another, with intent to commit felony therein; breaking and entering the said warehouse and stealing therein certain money, to wit, the sum of £3, the moneys of Lizzie Anderson; breaking and entering the said warehouse, and stealing therein divers cigars and cigarettes, the goods of Hyman Phillips and another; being found by night having in this possession, without lawful excuse, certain implements of housebreaking, to wit, one screwdriver, one glass cutter, one knife and ten keys; pleaded guilty in respect of certain of the charges. Prisoner entered the premises through the fanlight. In consequence of previous robberies a watch was set and he was caught in the act of breaking in. Detective-inspector Hallam said there were other charges of a similar kind.
Sentence, Six months' hard labour.
SMITH, George (32, labourer), pleaded guilty of breaking and entering the warehouse of Philip Stein and another, and stealing therein one clock, one mackintosh, and other articles, his goods; breaking and entering the warehouse of Frederick Hartman, and stealing therein one pair of glasses and one watch, his goods.
A detective officer saw prisoner in Bridge Street carrying the mackintosh in company with another man. When the officer approached them both ran away. Prisoner was arrested, and on the way to the station took from his trousers what proved to be a jemmy and threw it away. There are previous convictions.
Sentence, Two years' hard labour.
NORRIS, Edward (34, butcher), and BROOKS, Louis (29, silversmith); Brooks breaking and entering the warehouse of No. 11A, Chapel Grove, and stealing therein one barrow and a quantity of ironmongery, the goods of Frederick George Crook; both stealing one barrow and a quantity of ironmongery, the goods of Frederick George Crook, and feloniously receiving the same.
Mr. Henry Oliver prosecuted; Mr. Black defended Morris.
FREDERICK GEORGE CROOK , costermonger, 19, Gambia Street, Blackfriars Road. I have a warehouse in Exmouth Street, Farringdon Road. I left it closed about 8.30 p.m. on Wednesday, March 10. At that time everything was secure. When I went on the morning of March 11 I found a policeman in charge, and the whole of my living gone, the whole of my property, comprising a barrow containing an assortment of ironmongery and tools. The padlock of the door had not been interfered with, but the staple had been broken or wrenched off. On the Friday I went to Moor Lane Police Station, and on the Saturday I was taken to the King's Cross Road Police Station, where I saw some of the stolen tools. I valued the property at £50.
SARAH ANN STAKER , 30, Gerrard Street, Islington. Prisoner Brooks is my son-in-law. I remember ham coming to my house on the morning of March 11, and bringing with ham a lot of ironmongery things in square trays with divisions. He took them away the same evening and said he was going to sell them to somebody. The things were on a barrow. There was somebody with, him, but I did not notice particularly as I was busy getting the children's breakfast. I had never seen Norris until I saw him at the police court.
Detective-sergeant JOHN TANNER , N. On the evening of Saturday, March 10, I was in company with another police-officer in Windsor Street, Islington. I noticed a horse and van standing outside a public-house. It was unattended and had no light and that drew my attention to it. I kept observation on the van for some time. We looked into the van and found it contained a quantity of ironmongery. Presently the two prisoners came out. Brooks got into the van and Norris picked up the reins and also got into the van. I then said to Norris, "Is this your horse and van?" and he replied "Yes." I said, "And the property inside?" He said, "No, I am shifting it for the other man," pointing to Brooks; "it belongs to him." I said, "Where have you brought it from?" He said, "I cannot remember." Brooks then said, "It is my stuff. I bought it in the Cattle Market last Friday from a dark chap and a chap they call "Ginger" for £10. I said, "Where have you been keeping it?" He said, "At my mother-in-law's, 30, Gerrard Street; but it only went there this morning." I took prisoners to the police station. At the station Brooks pointed to Norris and said, "He knows nothing about it."
Cross-examined by Mr. Black. Brooks has said from first to last that Norris knows nothing about it. I know as a fact that Norris is the owner of the horse and van and gets has living by carrying meat for butchers. I cannot say that he is a discharged soldier with an excellent character.
Detective-sergeant HENRY GARRARD , G. At 8.30 on the evening of March 13 I saw prisoners at Islington Police Station. I told them they would be taken to King's Cross Road Police Station and charged with breaking and entering a warehouse on the previous Thursday and stealing a barrow containing a quantity of ironmongery. Norris said, "Fancy a man in my position being on a job like this." It is
a rough look out fop me. "Brooks said, All right." On the way to King's Cross Station in the cab Brooks said, "That man (Norris) did not know anything about it. I broke the lock off the door myself and took the barrow out. I then gave a man 1s. to help me pull the barrow to my brother-in-law's, 30, Gerrard Street, where we left it." Norris said, "This man came to me about 12 o'clock on Thursday and gave me 10s. to look after the stuff. I went to a house near the canal river and took the stuff away. I believe the street was Gerrard Street." When charged Brooks again said, "That man (Norris) knows nothing about it."
Cross-examined by Mr. Black. It is a fact that Norris is well known on the Cattle Market. I know he left the Army with a good character and has since been living by carting with this horse and van.
To Brooks. I am certain you said in the cab on the way to the station that you broke the lock off.
EDWARD NORRIS (prisoner on oath). I am a buyer at Smithfield Meat Market. I buy provisions and take them to hotels up West. I have been in the Army and was discharged in 1905 to the reserve and finally in 1906. I produce my characters and testimonials. I have my own horse and van. I had never seen prisoner Brooks until Thursday, March 11. About two p.m. on that day. I was pulled up at the corner of Packington Street, N. E. I went into the "Packington Arms" and called for a whisky. There were one or two people in there I did not know. After about five minutes Brooks came into me and said, "Halloa, butcher, have you done?" He knew I was a butcher because I had on a blue coat. I said, "Yes." He then said, "Is that your horse and van?" I said, "Yes." He said, "Would you like to earn half a sovereign?" I said, "What is it to do?" He said, "Only to drift some stuff." I said, "Where is it?" He said, "Only just round in Gerrard Street." I said, "How long will it take?" He said, "About an hour and a half." I hesitated. Then I thought of a sack of corn for my horse, which would be 10s., and trade is none too brisk. I went round to the place. The thing looked genuine, the house being a private house, with the door open. Two men brought the stuff out and put it in my van. I said, "How far are you going with this?" He said, "Not far. Jump up, I will go with you." We then went to the "Packington Arms," where we had two or three more whiskies. Then I said, "Now, where are you going to?" He said, "Kingsland Road," so I went to Kingsland Road and pulled up at the "Talbot Anna" in Englefield Road, where we had another two whiskies. He went away saying he would not be ten minutes. I waited, and as it was getting dark and I never curry a lamp, I took the stuff to my stables in London Road, Hackney. I was afraid to take it to the police as they might have charged me with being drunk while in charge of a horse and van. Brooks had asked me previously where my stables were. Friday is
my busiest day on the market. I expected Brooks would come to the market to see me. On the Saturday I determined to take the stuff to the police and loaded it on the van. As I turned the corner of the street this man Brooks said, "I have been looking for you everywhere." I said, "You are just in time; I was going to take it to the police." He said, "Do not be silly. What about the half-sovereign I promised you?" I said, "I think I have earned it, too. Now, what are you going to do with this?" He said, "I have a man all ready to take it to." I said, "All right." I took it to Essex Road, and while outside the "Windsor Castle" with Brooks the detectives came up to me. I had then got a light in a bottle. They said, "Is this your van?" I said, "Yes." Then they said, "All right; drive on to the police station." I do not dispute what the detectives have said. I took no part in removing these goods from the warehouse. I was not there when it was stolen. When I received the goods in my van I did not know they were stolen and had no reason to suspect that they were.
Cross-examined by Mr. Oliver. I waited for Brooks at the "Packington Arms" on the Thursday quite an hour. I left there because it was getting dark and I had no lamp. It was about 4.30 p.m. when I met Brooks on the Saturday. I thought it very funny he did not come to find me on the Friday. I made up my mind to go to the police about it. Then when I left the stable prisoner was at the corner of the road. I did not ask him how he had come by the stuff. I asked him why he had left it in my charge and he said he had been back to the public-house to look for me. I thought it was a genuine transaction. He told me he was taking it to a dealer. It did not strike me as curious that he should be taking it to a dealer because it had come out of a private house. I have never done anything like this before. I do not let my horse and van to anybody. I could see the stuff was all new, screws and that, a miscellaneous assortment. I saw there were a few saws, but I did not take much notice of what it was. It did not strike me as curious that Brooks should have this miscellaneous collection of stuff or that it should come from a private house. I did not know the man who assisted Brooks. They were both strangers to me. I do not think I had seen the other man in the public-house. I did not go into the house in Gerrard Street. I saw the two men in the passage.
Re-examined. Brooks told me he had a few things he had bought at the Cattle Market. Dealers mostly go there for cheap stuff and make bargains.
To the Judge. I did not see any barrow. I was in possession of the stuff from Thursday afternoon till Saturday night. It did not strike me that half a sovereign was large pay for going so short a distance. He promised it to me, but I never had it. There was 8 cwt. of the stuff. I put it in the stables where anybody might have seen it.
Louis BROOKS (prisoner, on oath). On the Tuesday (March 9), before this happened, I was round at the Vestry to see if I could get a job. While waiting there I got into conversation with a lot of
chaps, one of whom is called "Ginger," and there was also a dark chap there. I told them I had been out of work for a long time and had not had anything to eat, so "Ginger" said they were just the same—out of work. I did not get a job at the Vestry. On the Thursday morning (March 11), about a quarter to seven, I was going along Rosebery Avenue and who should I see but these two chaps again, "Ginger" and the dark chap. "Ginger" said, "Come with me; we know where to get some money." So we went to Exmouth Street and they went into Chapel Bow and came out with a barrow with all this ironmongery on, and "Ginger" said it was bankrupt's stock and that the dark chap (Charlie, I think, they called him) wanted to get it out before they had the brokers in. Going along "Ginger" said he would give me half a crown if I could tell him of a place where they would mind it for him. I said I would get it minded for him round at my mother-in-law's, and we took it round there. After we had removed the trays, "Ginger" took the barrow away and afterwards came back to Gerrard Street. The same afternoon the three of us went to the "Packington Arms," in Packington Street. Previously we had been walking about trying to find a man who would buy the stuff. While I was in the "Packington Arms" and these fellows were treating me in came Norris. He was a bit jolly and started talking to the barmaid, and "Ginger" said to me, "Ask that bloke if he wants to earn half a sovereign after he has done work. His van is empty. He can take the stuff away from our place to a place I know in the Kingsland Road." I asked Norris if he would take some ironmongery from my mother-in-law's place, screws, tools, and so on, and he said, "They are all right, I suppose." I said, "Yes, everything is right. You will have half a sovereign for it." So he said, "All right," and we jumped into his van and drove round to Gerrard Street. After we had got the stuff we had more drinks, and then the dark man and I went to find the man in Kingsland Road he was going to sell them to. Then we lost Norris and could not find him, and I never saw him again until Saturday afternoon near his stables. I said to him, "I have been looking for you everywhere." "Yes," he said, "so have I you. What are you going to do about that stuff?" I said, "I am going to take it away now." He said, "I do not think it is genuine. I have a good mind to go to the police about it." So I said, "Oh, don't be silly. That is genuine enough." Then we got into Windsor Street, and of course the detectives came up and locked us up.
Cross-examined. When I saw "Ginger" and the dark man on the Tuesday they had no money. When I saw them on the Thursday they had some. I did not ask them where they had got it from. I had an idea they were going to get something that did not belong to them. They did not tell me what they were going to do. They came out of Chapel Row with a barrow. I did not see what was in the barrow until I got to Gerrard Street. That was at a quarter past seven in the morning. "Ginger" went away with the barrow after it was empty. He did not tell me what he was going to do with it. The dark man said, "This will fetch us a bit of money, went
it? It will fetch about £5." When Ginger came back he said he would try to find a man to buy it. I went with him. We went to Essex Road first. Then he went by himself to Kingsland, and when he came back he said it was no good. Norris came in while we were in the "Packington," after we had been there a decent time. They asked me to offer Norris half a sovereign if he would take the stuff down to Kingsland for us. I was supposed to meet "Ginger" in Kingsland.
Verdict: Norris, Not guilty on either count; Brooks, Not guilty of the housebreaking, but Guilty of receiving, knowing the goods to have 'been stolen.
Detective-sergeant GARRARD said that Brooks had hitherto borne a good character, but had been out of work for some time, and it was really poverty that had brought him to this.
Prisoner was released in his own recognisances in £5 to come up for judgment if called upon.
FRITZ, Maurice (19, agent), pleaded guilty of stealing a cheque book, the goods of Harry Ward; and not guilty of feloniously forging and uttering, knowing the same to be forged, a certain authority and request for the payment of money, to wit, a bankers cheque for the payment of £4 17s. 6d., with intent to defraud; and of obtaining by false pretences from Adolph Arnholz 400 cigars, with intent to defraud.
Counsel for the prosecution attributed the theft to prisoner's personal vanity, and a desire to wave a cheque in the faces of his friends, and anything more ludicrous could hardly be conceived. Though prisoner had the cheque book in his possession for a fortnight one cheque only had been used, so that it was clear he had not taken it with the idea of uttering a large number of forged cheques to the public with the intention of obtaining money or goods. Prisoner's friends were very respectable people, and were prepared to reimburse the cigar merchant who had been defrauded, if his Lordship should approve that course.
Detective-sergeant ALFRED COLLINS, BOW Street, said he knew prisoner as having been formerly engaged in connection with the stage. He had since been employed by his brother, who is a Variety Agent in a large way of business and a substantial man. Thinking he would like to be in business on his own account, prisoner started a Variety Agency of his own, but was apparently not very successful, and his real object in stealing the cheque book was that the appearance of it might inspire confidence in some of his clients. Prosecutor was also a Variety Agent, upon whom prisoner had occasion to call in respect of some business.
Judge Lumley Smith. Has the cigar man been paid the money? Counsel. My Lord, we cannot do that until your Lordship gives leave; it would be compounding a felony.
Judge Lumley Smith. I understand that the money will be paid.
Counsel. I cannot give a personal undertaking, but the solicitor who instructs me will.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE JUDGE RENTOUL.
(Tuesday, March 23.)
CHAPPELL, William (26, engineer), and SIMPSON, Douglas (19,. engineer) ; both unlawfully possessing 60 pieces of counterfeit coin, with intent to utter the same;Simpson, having been convicted of feloniously having in his possession one mould, upon which was made and impressed the figure and Apparent resemblance of both sides of a shilling, feloniously having in his possession 60 pieces of counterfeit coin with intent to utter the same.Simpson pleaded guilty.
Mr. Beaumont Morice prosecuted.
Police-sergeant CASTLETON . On March 7 I was with Detective Markell outside 91, Gosport Road, Walthamstow, at one o'clock in the afternoon, and saw prisoner Simpson leave. He went to the "Chequers," High Street, Walthamstow. He came out again after two or three moments, looked up and down High Street, and made a signal towards Willow Walk, and re-entered the public-house. Chappell came up High Street in a moment; I stood on the corner of Storey Road; Simpson put this head out of the public-house door and beckoned him in. Almost immediately afterwards they both came out of the bar and entered the urinal adjoining. I saw Chappell hand a small parcel to Simpson, who placed it in his left-hand coat pocket, and they both went into the public-house. A few minutes after that Simpson came out alone and again went to the urinal. I went in and spoke to him. I next saw Chappell when he was brought out of the public-house bar by Detective Markell, and we took them both to Forest Road Police Station. I took a parcel of 50 counterfeit florins from Simpson's left-hand pocket. Nothing relating to coining was found on Chappell. I said I should charge him with being concerned with Simpson in having counterfeit coins in his possession. He said, "I have not got any on me, and you cannot say that I have made them." I afterwards went to Chappell's room in 91, Gosport Road. On the first floor in the front room I found a glue pot containing a quantity of molten metal, also a piece of glass smothered with grease, a piece of American cloth, two small tin lids all greasy, a metal teaspoon, which apparently had been used for ladling metal out, a tablespoon, a portion of a metal spoon and fork, 2 1b. 11 oz. of plaster of Paris, and a small bag of whiting. On the following morning, on the way to Stratford Police Court in a cab, Chappell said, "How do you think I shall get on?" I said, "I don't know." Pointing to the coining materials on my knees he said,
I don't know what made me keep those; this is the first time I have had a go at it; I have never made a halfpenny out of it; I could see how to get one side, but the other side puzzled me." I made no answer to that. The coins all evidently come from the same mould.
To Chappell. There was a man I know who was in the urinal with you; he is employed at a fried fish shop. He did not tell us he was going to buy them. I did not say in the cab if I had known that I would have had him too.
Detective MARKELL . I was with last witness in Gosport Road on March 7, and saw prisoner leave No. 91. I followed and arrested him in the "Chequers." I said, "I want you"; he said, "I have not got any on me, sir." I had not mentioned anything about coining up to that moment, nor had any police officer.
JAMES KING . Chappell and I live at No. 91, Gosport Road. He married my sister. He has occupied the first floor front about two months. I did not know what he was doing in the room at all. I do not know how he used to leave the room; it was locked once.
WILLIAM JOHN WEBSTER , of His Majesty's Mint. I have seen the 60 coins; they are all counterfeit, and chiefly from the same mould. They are well made on one side, but the reverse side shows the work of a tyro. The articles produced form the stock-in-trade of a coiner.
Mrs. CHAPPELL (wife of prisoner Chappell, examined by him). You left the "Anchor and Hope" about a fortnight ago. On certain occasions you used to be downstairs, at others you used to use your own room. I used to go out to work. I have never known you to think of making coins before or to speak about coining. I have known Simpson about 10 days.
Cross-examined. I knew plaster of Paris was in the house; I understood it was for plastering up the kitchen ceiling which had given way. I knew the glue pot was in the house; the last time I saw it it had glue in it.
WILLIAM CHAPPELL (prisoner, on oath). Simpson said to me, "I cannot make them at my place; I shall have my place searched at any time. If you take it on I have got 60 ordered, and that gets me £3. I will give you half if you will come up and take 50." I took the thing on and then I was arrested. I did not make them. Simpson made them at my place.
Cross-examined. I looked on. He told me not to go out with him but to follow after. I have known Simpson about three weeks. He came to me once with another fellow and asked me to get him a pewter pot while I was working at the "Anchor and Hope." I did not then know he was mixed up in coining. I knew he was making bad coins in my room. I meant by what I said to the officer in the cab that it was the first time I had ever been drawn into anything like that. A baby can tell how to get one side of the coin right, but it takes a good man to get the other. I could not get both sides; I did not trouble myself.
Verdict (Chappell), Guilty.
Sentience, each prisoner, 12 months' hard labour.
Several previous convictions were proved.
Sentence, 12 months' hard labour.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE MR. JUSTICE CHANNELL.
(Wednesday, March 24.)
Mr. Muir, Mr. Leycester, and Mr. Oddie prosecuted; Mr. W. W. Grantham defended.
DOROTHY CASTLETON , daughter of the prisoner, aged nine years. I live with my mother at 8, Hertford Road, Edmonton. The deceased lived there also. I called him "father." I have a younger sister named Emma. On the day he was hurt I came home at one p.m. Gooderam was in the kitchen. I went to play and Gooderam came out and went round the corner. Deceased then came into the house. I then went in to dinner. Deceased started jawing my mother about Gooderam being in the house. He went into the parlour and found Gooderam's hat and coat. Then he went out without his dinner. Prisoner sent me out to Gooderam to tell him that she was at home. He came back and said to prisoner, "There has not half been a bloomer." They then both went out. Deceased returned and asked where prisoner had gone and I told him she had gone to see the policeman's funeral. He said, "I hope she will get shot—if she does not get shot up there I will shoot her." When I and my sister came in to our tea deceased and Gooderam were there. Gooderam kissed mother, and said, "I will be round at the same time in the morning." He came round the following morning and the prisoner went out with him and returned about 10 a.m. Deceased came in shortly afterwards, and he and prisoner started having a row—they were in the kitchen. Deceased started it. He went to kick prisoner and kicked my sister instead. He then ran after prisoner; pushed the table over and fell upon it; after a minute he got up and sat in his armchair for a short time; then ran after prisoner, who punched
him in the face and he punched her back and tore her clothes down the front. Prisoner ran out of the kitchen into the passage and picked up a chopper, which she had hidden behind the parlour door, and said to deceased, "Come out or else I will chop your head off." Deceased came after her and punched her, and fell on the stairs. She then struck him with the chopper on the left side—as he was falling on the stairs. I and my sister ran out and afterwards we returned and saw the deceased lying half in the kitchen and half in the passage. I went to the inquest with Mrs. Watson, and prisoner gave evidence before the coroner. Before I went in prisoner said, "If they ask you did I hit your dad with anything you say 'No' and stick to it. If they ask you if you know the meaning of an oath you say 'No' and stick to it."
Cross-examined. I have been talking about this case to different people—I said my dad was dead. Prisoner was generally kind to deceased. He was often unkind to her; I have frequently seen him strike her, and kick her badly so that she was very ill. Once I took some of deceased's money out of his pocket and gave it to another girl to spend. On the Friday night when deceased was injured he came home drunk. I have often seen him drunk, and he has often hit the prisoner. He knocked over the kitchen table, and hurt himself badly and lay on the floor for some little time. He also fell against the fender and hurt himself, and over the chair and broke it. Prisoner was trying to save herself from his hitting her.
Re-examined. Prisoner was kind to me. She was afraid of deceased. She struck him with the chopper like that (describing).
WILLIAM GOODERAM , 35, St. Malo's Avenue, Lower Edmonton. I am a widower with two children. Prisoner looked after my children while I was at work. On Friday, January 29, I was at prisoner's house with my daughter Emma. Deceased knocked at the door and I went out and got over the wall into the next yard. After a few minutes, when I thought deceased had gone, I came back and passed through the house. That was in the morning. In the afternoon, between four and five p.m., I saw prisoner outside her house with deceased after we had come away from the funeral. I saw nothing of the quarrel.
Cross-examined. I never entered the house after 10 a.m. on Friday. Prisoner had been, an old friend of my late wife, and I asked her to mind my children, paying her what I could afford.
ROSA ELEANOR BYE , wife of Walter Bye. I lived next door to prisoner and deceased. On January 29, at four p.m., she came into my kitchen and said that "Bill had got properly caught that day." She said deceased came and knocked at the door; that Bill's girl was about to open it when Gooderam pulled her back, ran out, and got over my fence, together with his daughter, and when deceased had gone out they returned and went back again.
ERNEST JAMES PULLEN , barman, "Golden Lion," Edmonton Green. I knew deceased and prisoner as Mr. and Mrs. Wiskin. On January 29, at about 7.20, deceased was in the "Golden Lion." Prisoner came in at about 8.30. Deceased asked her where she had been and was
about to strike her. I said, "Now, George, none of that; we cannot have that nonsense in here." He said, "All right, Ern, I shall say no more here." I said, "If you want to have any quarrel go outside." Afterwards he made a remark to prisoner about his tea and put himself in a fighting attitude. I said, "Now, George, get off the premises at once. If you want any trouble, have it outside." He shortly afterwards left the bar with the prisoner. They were both sober.
Police-constable JOHN SAUNDERS , 563 N. On January 30, at 12.30 am., I saw prisoner outside of her house at 8, Hertford Road. She said to me, "Look what he has home," showing me her blouse torn, which exposed her bare chest.
WILLIAM SAVAGE . On January 30, between five and six a.m., prisoner came to me and asked me to tell Mr. Rackham that deceased could not go to work. She said, "We had a few words, and he started knocking me about, so then I knocked him about. He has either hurt his legs or his ribs; I do mot know which.
WALTER BATTAMS , coal porter. On January 30 I sold prisoner half a hundredweight of coals, which I put in the cupboard. She said, "He is up there." I asked her who, and she said "George." I asked her what was up with him. She said, "I gave him a good aiding. He has asked for it, and now he has got it." I asked her what she had done. She said, "Oh, I got two black eyes and I do not know if I have knocked his ribs in; he cannot hardly breathe." I said, "What did you do it with?" She said, "With my fist." I Mid, "You look like getting yourself into trouble." She said, "I don't care if I do," using foul language.
ROSE FLETCHER , barmaid, "Golden Lion," Edmonton Green. On January 30, between four and five p.m., I saw prisoner and asked her how Mr. Wiskin was getting on. She said that I should not see him on the morrow as he came home the night before and called her an objectionable name and she paid him—she had given him the loveliest pair of black eyes that I ever saw, and she said, "Between you and me, I think I nave broken one of his ribs."
ROSE AMBROSE , wife of Frederick Ambrose, 26, Granville Avenue. Edmonton. On February 5 I saw prisoner at 8, Hertford Road and asked after deceased. She said he was about the same. I asked what was the matter with him, and she said he bad got hurt—they had had a bit of a fight. I then went inside the house and went to sit on a chair in the kitchen. She said, "Do not sit cm that chair; that is what I hit the old b——with." The leg of the chair was broken.
MARY CECIL , Edmonton, married woman. On February 14 I saw prisoner in Ledsam's shop in Tower Road; she was speaking to Mrs. Ledsam and stating what she had done to her husband. She said her husband was very queer. "He beat me and I beat him. I have given him something to remember for beating me." Mrs. Ledsam said, "What have you dome to him?" She said, "I have called, the doctor in and the doctor says he has two fractured ribs and pleurisy." Mrs. Ledsam said, "You didn't do it, my girl, did you?"
She said, "Yes, I did, and I will do it again if he beats me. He told the doctor he fell down the stairs. If he had told the doctor I did it I would have knocked his eye out as he lay there." As she went out of the shop she said, "I do not think he will do it again in a hurry."
CAROLINE ALICE WISKIN , wife of Henry Wiskin, 51, Winchester Road, Edmonton. After the death of deceased prisoner with her two children came to live with me. On Tuesday, February 24, as prisoner left my house to attend the inquest with Dorothy she said to her, "If anyone asks you if I hit your dadda with anything you say 'No' and stick to it. If you are asked the meaning of an oath say 'No.'"
ALLAN MACKINNON MAYO FORBES , coroner to the county of Middlesex. I held the inquest on the deceased on four days commencing February 17. Prisoner gave evidence, which was taken down, read over to her, and signed by her in my presence. (Same read.)
WALTER ANSEY THOMPSON , L. R.C. S., Ireland, registered medical practitioner. On January 30, at 8.30 p.m., I attended deceased. He was in bed, complaining of pain in this head and in a highly feverish condition. I examined his chest. I came to the conclusion that he had pleurisy. He did not complain of pain at his back; I continued attending him. He gradually improved until Thursday, when I left off attending, as prisoner said she would come to my surgery for the medicine and tell me how he was getting on. She came each evening until Monday morning, February 8, when she asked me to come and see him. I found him much worse—in fact, in a collapsed condition. I continued attending him till Friday. He gradually got very much worse. There was no change in the pleurisy and well-marked pneumonia developed. I last saw him on Friday night, February 12. He died the next day and I certified his death as heart failure from pneumonia.
Cross-examined. Prisoner did what she could for deceased all through his illness. He was a very heavy and very muscular man. I asked him what had happened—if he had been hurt and he said, "No." Had I found out his ribs were broken I should have sent him to the hospital at once—I should not like to say in that case he would have recovered. Judging from the evidence I have heard since, I do not think the man could possibly have lived, seeing that one of the ribs had pierced the lung. I should think the rib piercing the lung was done by subsequent movement—that is probable. I heard that he got up on the Sunday previous to his getting worse.
FRANCIS EDWARD CADE , 343, Fore Street, Edmonton, registered medical practitioner. By direction of the coroner I made a postmortem examination of the deceased. He was a very muscular and powerful man of the navvy type; there was very little fat and the muscles were extremely thick. I found the eighth, ninth, and tenth ribs were fractured and the pleural cavity was punctured in two places by the broken bones. There was a large quantity of pus exuded over the empty cavity of the thorax, which contained two pints of fluid, which must have been there some time. The lung was
punctured by two ribs in different places, entering the lower lobe of the left lung in the back. Death was undoubtedly due to the fractured ribs puncturing the pleura of the left lung followed by septic poisoning, pleurisy, and pneumonia and due to direct violence. The injuries might have been caused by a very heavy blow. It would require considerable violence. While slight direct violence might break a rib, it requires very considerable violence to drive the ends of the rib into the lung—the tendency being for the rib to break outwards. It is very unusual to break the eighth, ninth, and tenth ribs—usually the higher ribs are broken. They were at the angle of three or four inches from the spine. I have heard the evidence both at the police court and here. In my opinion a fall on the table followed by a fall on the stairs would not break the ribs as I found them—the fall being forward or at the side. The violence must have been considerable. If he had been forced against the end of a chair where there was a ledge, it might do it, but the force would have to be very considerable. I have never seen three ribs broken in that position before. If he had cracked his ribs and then fallen on the stairs, the second fall might drive the bone into the lung, but I do not think the fall on the stairs would do it. The rib might be broken first and the second violence might drive it in—it might be so, but it is hardly likely in my opinion. With the chopper (produced) the ribs might he broken. I found no evidence of external bruising; if the ribs were broken by the use of that chopper, even 14 or 15 days after the injury, I should expect to find considerable bruising over where the ribs were broken. The body externally showed no signs of bruising and no blackening. The muscles were two inches thick and were full of pus and blackened; that might obliterate the marks of bruising. The chopper might have been used over very heavy clothing, but even in that case I would expect to find some mark even at that late date. On the whole I do not think the injuries were caused by the falls; they might have been caused by the chopper.
Cross-examined. Any movement of the body would tend to drive the ends of the ribs further into the lung; any movement would be injurious. The treatment he required was absolute rest. If he had been sent to the hospital and received the best attention it might have saved his life, but he would have been in very great danger even then. Septic poisoning had set in. In my opinion, if the man had been examined by anyone who felt his side and back the injury would have been found out. The ribs were so displaced that even in listening for pleurisy a medical man would discover it. (To the Judge.) Septic poisoning would have set in immediately the bone punctured the lung—a certain amount of air must have immediately entered the pleural cavity from the lung—I should say the lung was pierced from the beginning from the large extent to which the septic, mischief had gone on. There were three pints of septic fluid in the pleura and the muscular tissue was infiltrated with pus—in my opinion the septic poisoning had been going on for at least a fortnight.
A fall on the stairs or table sufficient to break a rib would have caused external bruising. In either case the mark of bruising might have disappeared.
Inspector ARTHUR COPPING , stationed at Edmonton. On Sunday, February 14, the day after deceased's death, I went to 8, Hartland Road, to make inquiries and saw the prisoner. I said I was Inspector Copping, from Edmonton, and I was making inquiries concerning the death of her husband, George Henry Wiskin. I said, "I have heard he had several ribs broken and it has been suggested to me that you broke them. I want you to tell me all you know about his his death and to be careful what you say, as I may have to use it for or against you." She replied, "He is not my husband. I have lived with him for five years. I never broke his ribs. He died from pneumonia. I have a certificate from Dr. Thompson." I asked her for the certificate and she said, "I cannot give it to you; his daughter has it. People are telling lies. He had no ribs broken." I then said, "Do you know a Mr. Savage?" She said, "Yes." I said, "He has made a statement that you went to him on January 30 and told him that your husband was unable to go to work, that you had had a quarrel, and that you were not sure whether you had hurt his ribs or his legs." She said, "I may have said that. I will tell you the truth. On the 29th I wanted to go to the policeman's funeral and he did not like it. He came home to tea and accused me of going with Mr. Gooderam. I told him I had done nothing wrong—only looked after his children. After tea he went out, and at nine o'clock I found him in the 'Golden Lion.' We had several drinks. He was drinking beer and afterwards had some rum with his mates. We got home about a quarter to 12. After we got into the kitchen we started rowing and he tried to kick me. I ran round the table and he after me. He fell over a stool. He got up and hit me several times. I ran into the passage and told him I would go out. He caught hold of the body of my dress and tore it. I pushed him down. He fell on the stairs on his left side. I picked him up, we made it up, and went to bed. I waked him in the morning to go to work. He told me he could not go, and asked me to go to Mr. Savage and ask him to tell the foreman. I got him downstairs on the Sunday and I called Dr. Thompson in. He said he had a cracked rib, pleurisy, and pneumonia. I did all I could for him, and the doctor will tell you so. He died on the Saturday and the doctor gave me a certificate." I said, "Did the doctor say anything when he gave you the certificate?" She said, "Yes—he said, 'This certificate is worth 5st you. If I said anything about the cracked rib or the pleurisy they will not have it.' I paid him the 5s." I said, "Were you drunk when the quarrel started?" She replied, "We had both had some—he was worse than me." I told her that I should report the matter to the coroner. I saw a chair of which the leg was broken, also chopper produced, and subsequently took charge of them.
Cross-examined. I have made inquiries and find there is no previous conviction against the prisoner.
Detective-sergeant ERNEST HAIGH , stationed at Stoke Newington. On March 1 I was at the Town Hall, Edmonton, at the inquest when the jury returned their verdict, and arrested the prisoner. I told her she would be charged with the manslaughter of George Henry Wiskin on February 13. I took her to Edmonton Police Station, where she was charged. When the charge was read over she said, "You do not know how he knocked me and the children about. He lived on my immoral earnings for three years."
Cross-examined. I do not know whether what prisoner said was correct—I know nothing about it one way or the other.
Mr. Grantham submitted that there was no case to go to the Jury.
Mr. Justice Channell. I do not think it is a strong case, but I shall leave it to the Jury.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Wednesday, March 24.)
Prisoner alleged by way of defence that Miss Booth knew very well he was a married man. According to the prosecution prisoner gave himself up to the police on the charge of bigamy to avoid payment for the maintenance of his illegitimate children.
Sentence, Six months' imprisonment.
HILL, James (forage merchant) ; after the presentation of a bankruptcy petition against him on June 9, 1906, unlawfully concealing, destroying, and mutilating certain books and documents affecting or relating to his property or affairs with intent to conceal the state of his affairs.
Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. Huntly Jenkins defended.
GEORGE INGLIS BOYLE , messenger, Bankruptcy Court, Carey Street. I produce a file of the bankruptcy of James Hill. He is described as of Lower King and Queen Wharf, Rotherhithe Street, produce importer, forage contractor, and general wharfinger. The petition was filed on June 9, 1908, by Mory and Co., Boulogne. The receiving order was made on July 3, 1906, and prisoner was adjudicated bankrupt on July 24. Benjamin Sidney Dunn, accountant, of 10, Coleman Street, was appointed certified trustee on July 27. On July 24 a statement of affairs was filed, and the public examination of the debtor is on the file, dated November, 1908. (Passages were read in which debtor stated that he kept no books of accounts with the exception of his hank pass book and press copy letter books.)
ledger. In answer to the question "Have you within the last three years destroyed any books, papers, or documents relating to your affairs," the answer was "No."
BENJAMIN SIDNEY DUNN , chartered accountant, 7, Coleman Street On July 16 of last year I was appointed trustee in the bankruptcy of defendant James Hill. On July 27 my appointment was certified by the Board of Trade. I am still trustee in the bankruptcy. The statement of affairs shows secured creditors £6, 892, the estimated value of the securities 'being £13, 000, leaving a surplus of £6, 107 16s. 8d. Other assets, £137 6s. 6d., brought the surplus up to £6, 245 2s. 2d. The total, of course, depended upon the estimated value of the securities. On the other side of the account are shown, preferential creditors, £189 12s.; unsecured creditors, £3, 938 4s. 8d. total, £4, 127 16s. 8d., showing a final estimated surplus of £2, 117 5s. 6d. The secured creditors are three in number, the London City and Midland Bank, Limited, £3, 700, on the Lower King and Queen Wharf, Rotherhithe; Messrs. Nory and Co., Boulogne, £2, 172, secured on the same wharf; and J. E. Beckett, a third charge of £400. The figure of £13, 000 as the estimated value of securities has reference only to the wharf, which is a leasehold property. The Official Receiver is now in possession on behalf of the first mortgagee, and I believe has attempted to dispose of it. No balance has come into my possession as trustee nor is likely to. All I have realised in the course of the bankruptcy is about £2. The cash account on the file covers the period from October, 1906, to July, 1908, and shows that in that period the bankrupt received and paid away £19, 136 12s. 6d. According to the goods account on the file the value of the goods bought in the same period was £13, 362 11s. 7d. Taking the total liabilities the total amount was £18, 903 10s. 6d., and the goods sold during the period were £17, 951 11s. 8d. The books produced by the defendant are three pass books and two press copy letter books. In my opinion a ledger should certainly have been kept.
Cross-examined. I was appointed trustee in July. I had acted as a trustee previously. I have not had an order to prosecute anybody before. There were 30 unsecured trade creditors. It was upon my application that the order was made for prisoner to be prosecuted. With the exception of Mr. Lacroix, manager to Messrs. Mory, the petitioning creditors, none of the creditors have ever told me that they have seen any books at the defendant's place of business, but it has been stated by two dock labourers that the books were destroyed. I have asked about a dozen of the creditors if they have seen any books. Messrs. Carter and Bell, the solicitors to the petitioning creditors, are also acting for me. I took a statement as to defendant having been in possession of books from two dock labourers, Meeks and Mannering, who came to me shortly after I was appointed. I knew they had been employee by defendant. They were preferential creditors for wages, about £2 8s. each. Defendant sent them to me to get the money that was due to them. They made the statement some considerable time after
their summonses had been dismissed at the police court. As the estate was vested in me as trustee the men ought to have proceeded against me, and it was for that reason the magistrate dismissed the summonses. I take it that this prosecution was launched on the statements of these two men. They gave me the date of June 26 as the date of the burning of the books. They made their statement in the presence of one another. I asked them if they had seen a ledger. I took the statement to the best of my ability. They did not seem to be perfectly clear as to what a ledger was, and I pointed to one on my shelf. Before the prosecution the following circular was sent to the creditors: "Dear Sirs,—Re James Hill (in bankruptcy). I have to inform you that at a meeting of creditors in this matter held at the above address (10, Coleman Street) it was unanimously decided that this was a case requiring the closest investigation. Those present quite failed to understand how it was possible for a business like the debtor's to have been carried on without boobs, and how foe could find himself at the commencement of the bankruptcy entirely without assets, the few book debts scheduled being quite bad. It was felt to be very undesirable that the necessary investigations should be dispensed with simply because no assets were disclosed, and it was considered extremely necessary that the whole of the circumstances of the bankruptcy should be thoroughly inquired into, and if requisite private examination held. The creditors therefore request you to agree to pay a sum equal to 2 1/2 par cent, on the amount of your claims towards the cost of such investigation and proceedings. It is hoped that if the debtor sees that the creditors are determined to have some satisfaction with regard to the matter he will make a determined effort to bring about an arrangement on some such lines as have already been discussed by him." It was proposed to try to get accounts from the creditors themselves, so as to find out what ought to have been in the books of the debtor if (he had kept them. Messrs. Carter and Bell approved of the circular going out. The debtor had offered out of his future earnings to provide 10s. in the £. As to whether if the 10s. in the £ had been paid there would have been no prosecution that would not have rested with me at all. I left the taking of all legal steps to the solicitors. The petitioning creditors have come to no arrangement with me about the payment of my costs. I take it that Messrs. Mory undertook to provide a certain amount. I have never seen the books produced (belonging to the defendant). I have never made application to defendant for books or papers; he has worn he never kept any books. It being the duty of the debtor to hand his books, if any, to the Official Receiver, I should get them from him. I cannot point to any items in the cash and goods accounts as being inaccurate.
Re-examined. The circular was sent out about November 5 and I reported in January, 1909. In the interval my solicitors were communicating with the firm in France. One of the books now produced by the defendant appears to have been partly burnt. According to the valuation of Messrs. Stimson and Son, the value of the wharf is about £10, 000, but that depends upon a portion of the wharf being let off.
ERNEST AURELIAN LACROIX , clerk in the employment of Messrs Mory and Co., forage merchants and forwarding agents. I have known defendant about two years, and called upon him about five times between May 1, 1907, and the beginning of October. When I went to see the defendant I went into the office and sat down at the desk, and discussed accounts and matters of business. There were books and papers on the desk, and I have seen a book with the word "Ledger" written, across the back. He had once occasion to consult it in my presence. That was on September 27. He gave me some cheques on that date. I have them in my pocket now. The ledger had the general appearance of a business ledger. I saw it on every occasion I went except on October 7, when the desk was covered with newspapers. In a letter received by my firm from defendant on March 19, 1907, he speaks of looking into 'his books. The firm had called attention to a shortage on the "Syria," and the defendant wrote: "Shortages. I bestowed my usual care in dealing with the three shipments. I do not consider a shortage of 6 cwt. in 80 tons at all unreasonable, 'but I thank you far drawing attention to the shortage on the 'Syria,' because in looking info my books I find that quite inadvertently I omitted to credit the 'Syria' with 5 cwt. loose. I shall be glad to include this in my next account." On another occasion he wrote, "I had by no means lost sight of £1 14s. 11d. My books have constantly reminded me, but I am glad you drew my attention thereto."
Cross-examined. I said before the magistrate that prisoner's was a very bare office, and there were no clerks there at all. I did not say before the magistrate, "I do not remember seeing him refer to the ledger." I said he had done so once to my knowledge, but I also said there was no occasion for him to refer to it as we always agreed about the accounts. My firm promised the trustee a percentage of the debt, not, however, for himself, but to raise a fund for the investigation of the defendant's affairs. We have not, as a matter of fact. paid him anything. The ledger I saw had the appearance of that produced. (A new book was shown to witness.)
The Recorder. Are you going to suggest that this is the book the witness saw?
Mr. Jenkins. That is what I am going to suggest.
The Recorder. It seems a great waste of money to buy a book of this kind if it is not going to be used. There is not a single entry in t.
Cross-examination continued. It would not be courteous on my part to look into prisoner's books. I said in my affidavit, "I have, in company with the above-named bankrupt, settled the amount of his indebtedness to my aforesaid principals." If he agreed with the figures I had before me, there was no occasion to look into the book to cheque the items. Then I go on to say, "I have never seen the inside of the book." My firm are very pleased that this man is being prosecuted; they make no secret of it; you may say they are delighted. I have naturally a certain amount of feeling against him myself. I am naturally incensed as he has been fooling us. He
has deceived us. People, of course, may make bad debts in the usual way of business.
Re-examined. What I mean is that Mr. Hill's business was not carried on properly. If I may be allowed to say so, he got goods on false pretences, offering French firms big prices, obtaining stuff, and disposing of it for what it would fetch. If nothing is paid for the goods that is a profitable way of doing business: that is our point of view. We want to find out where the money is, where it has vanished to. There was very little stock at the wharf, most of the stuff being disposed of as it came from the ship. I am certain prisoner consulted the ledger on one occasion. I could not see from where I was sitting whether there was anything written in it.
DAVID EMANUEL MEEKS , labourer, 17, Mistairs Buildings, Botherhithe. I know prisoner and worked for him last year, commencing June 1, for 30s. a week until August. I only got two weeks' wages, but I continued working because he said that everything would be all right. When I left £9 2s. 6d. was due to me. I spoke to him every week about my wages. He always made some sort of answer. I recollect being told to collect some books and papers from the office and put them in a sack. That was on June 26, 1908. I got the books and papers from off Mr. Hill's desk. One book was marked "ledger" across the back. I did not look inside it; I had no occasion to look inside. Some other books were similar to those produced. Prisoner told me he was going to destroy them, burn them. He said, "Put them in the storeroom for the present and we will burn them to-morrow morning." It was during that week that I saw Mr. Hill put a glass of water over another book at the sink, but I cannot be sure as to the date. It was like a tissue book. I had seen that book in the office before. That book was not put into the sack. It was a book similar to this (produced), but I could not swear that this is the very book. Three books were put on the window-sill. Mr. Hill said they were to be handed to Mr. Chapman (the Official Receiver from Carey Street) if he should call. The next day (Saturday) we carried the sack of books and papers up the yard and burned them. Hill was present and I remarked to him that it seemed a pity to destroy such books; I thought it was a great waste. I have myself made entries in a long, narrow book that used to be kept in the office. If a carman came for a load of hay I used to give him a note corresponding with the entry I made in my book and the book was handed to Mr. Hill at night when he came in. When I told Hill thought it a pity to destroy such books he simply said, "Obey orders." When I heard of the bankruptcy, which was on July 24, I asked prisoner what he was going to do. He said he was having a particular friend coming along and we were not to worry. In addition to the first two weeks' wages I had 4s. 6d. in the third week. In the month of July I had nothing. Not getting anything after the bankruptcy I called on Mr. Dunn in Coleman Street. Mr. Hill made me out a letter to go to Mr. Dunn to ask him if he could advance us a trifle to go on with. Mannering went with me. Mr. Dunn took down our statements in writing and we signed them.
Cross-examined. I saw Mr. Dunn several times in August and September. One of the books came open as we were putting them into the bin, and I said it was a pity to burn books like that; there was no writing in it at all. Hill did not then say it had got into the sack by mistake. The book produced is known as the Moss Litter book. A great quantity of rubbish was burned, papers and circulars. I think eight or nine books were burned. The ledger was not burned in my presence. It was put in the sack to take up the yard, but it was afterwards missing. I do not know what became of it. We burned two sacks full of books and papers. I do not know what dates the books had reference to. They might have been old books for all I know. My impression is that Mr. Dunn was told about the burning of the books in August, but I would not swear to the date. I did not think there was anything wrong in the burning of the books because Mr. Hill had told me there was nothing to worry about. I knew Mr. Hill was writing in the books daily and that was all I knew. I had a little place of my own where I used to make notes to give to the carmen. The ledger I saw in the office might have been a trifle bigger than the one produced. I could nit swear it is the same book. As to whether I was very angry about not geting my money ask yourself the question.
Re-examined. The books produced to me now have writing in them. As to how it came about that we told Mr. Dunn about the burning of the books and papers, we went to ask him if there was any tidings of our getting our halfpence. Mr. Dunn said he could not get anything in; there were no assets coming in, and until something turned up we could not get anything. "I cannot afford," he said, "to pay you out of my own pocket. If you can give me a little insight as to how to go on about it, perhaps we can-get to work." What led to me saying anything about books was that Mr. Dunn asked me as to what was on the premises, and about this old crane I asked if there was enough on that to get us our bit, and he said, "No." Then I said, "Well, it is a pity that these books and papers are all done with." He said, "What about the books and papers?" I said, "We burnt them according to Mr. Hill's instructions," and then Mr. Dunm made a note of what we said.
WILLIAM MANNERING , labourer, 274, Rotherhithe Street. I have known Meeks a long time. I went to work for prisoner on June 1, and remained about two months, my wages being 30s. a week. I was paid in full the first two weeks and in the third week only part. At the time I left there was £8 8s. 6d. due to me. I spoke to Hill several times about my wages. He said, "Stand by me like men and I will see you through. On the 30th of the month I shall settle everything and I will make it worth your while." Meeks gave me the order about the books. I held the sack and Meeks and Hill helped to fill it with papers from the desk. This was on June 26, a Friday. The same day I took a four-bushel sack filled with books and papers and a tin box round to prisoner's house in Rotherhithe Street. On the following day we took the sack of papers from the storeroom, emptied out the papers, and burnt them in the yard. At
the end of July I asked prisoner for the balance of my wages. He said he had not got it, and gave us a letter to take to Mr. Dunn, telling us that Mr. Dunn would give us £2 or £2 10s. each. Mr. Dunn, however, told us he had got no money for us. We went several times, and on one occasion Mr. Dunn took down a statement from me which I signed.
Cross-examined. I could mot say now many books there were burnt. I cannot say if the ledger was burnt. Some of the books were carmen's receipt books, and when you take one leaf out for the carman another is left behind. Mr. Dunn said to Meeks and I, "We cannot get any books to prove." I said that perhaps the books that were burnt were the books that were wanted. He did not say, "If you could help me we might do something." I was angry about not getting my money, but I never threatened Mr. Hill at all.
Re-examined. If the money had been paid there would have been no occasion to go to Mr. Dunn at all.
JAMES HILL (prisoner, on oath). I live at 78, Union Road, Rotherhithe, and commenced my business career in Lancashire as junior clerk to the firm of Simmons and Son, and rose to the position of manager. After 15 years' service I came to London and entered the service of a firm of forage merchants named Abbott and Co., of 48, Mark Lane. I remained with them about eight years until about 1906, and then started in business for myself as forage importer and merchant. At first I only did business on commission. I kept delivery order books and press copy letter books. The Moss Litter book represents stuff landed on the wharf belonging to other people, not my goods at all. I had paying-in books, and, of course, there were bank pass books. The goods were landed at the King and Queen Wharf, Rotherhithe, which was then in the occupation of Mr. William Moon, and I paid him for storing and delivery. In the month of March, 1907, Mr. Moon was in financial difficulties, and the London City and Midland Rank, who were mortgagees of the wharf, foreclosed. They pressed me on many occasions to take over the wharf, and eventually I took over the lease of 94, years unexpired as from April, 1907. There was a mortgage at that time of £3, 700, and I made arrangements with (the bank to repay the amount in five years, at the same time undertaking to make certain improvements and alterations. At this time I was doting business with a few people, my chief business being with Messrs. Mory and Co., Boulogne. In October, 1907, I owed that firm a considerable sum. M. Lacroix visited me on three or four occasions, and I spoke to him about the losses I was making, and I said I was hoping to get money from the completion of a company which was in course of formation for the development of the wharf, apart from my own business, for, of course, I should not be so stupid as to try to form a failing business into a company. It was, proposed to form the wharf into a shipping centre. I told Lacroix I should receive a certain monetary consideration
from the proposed company, and hoped to be able to pay them out of that. I should like to explain that in the hay trade a very heave loss soon takes place when you are dealing with hundreds of tons; for instance, the question of weather may very soon konck 30s. a ton after having seen his principals and asked me if I would give them a charge upon the wharf, and this I agreed to do. They said ghem would give me further credit, but this they did not do. The charge was prepared by Messrs. Carter and Bell and I signed it, but, not withstanding the agreement entered into, I was afterwards served with a writ. I defended the action and lost it. I did not see how they could issue a writ after I had given them security. That action not only handicapped me in my business, but absolutely prevented the flotation of the company. Mr. Lacroix has never seen me refer tallv of what I was doing; I was not such a fool as not to do that. There was no need to refer to a ledger, because I always keep a sheet of paper or sheets of paper before me with the details of Mory's account. Down to May, 1908, I had a wharf foreman named Pope in my employment, and after that Meeks and Mannering entered my employment. My system of bookeeping during their time was the name as it had been previously, but the nature of the business was were with me I did not deal with any goods of my own that I had bought myself. They merely fetched goods belonging to other people who used the wharf for landing purpose. I did not get the money from the people to whom the goods belonged because, unfortunately, the bailiffs were in for the King's taxes and the people to whom the goods belonged had to pay out the bailiff, and I did not receive as much money as I paid out. I do not suppose that at any given date I was dealing with more than 12 people, including buyers and sellers. I did a big business, but they were big people with whom I did business. I am sorry now I did not keep a proper ledger, but I could keep without the aid of a ledger an acount of how I was going and what I was doing. For instance, Mory and Co. would write to me, say, on June 1 and ask me what price I could return for forage of various grades, say, to the end of August, and I would give them a price to the best of my judgment. They would ship the stuff by one of the tramp steamers, and I used to have lighters come alongside for me. Of course, I had a bill of lading stating what was on the ship, and when the barge got alongside the wharf I had a sheet of paper, on which I entered at the top a reference number for my own guidance, with the name of the barge on and the number of bales received out of that particular barge. There were several deliveries perhaps out of each barge direct into vans. I never weighed any goods myself; they were weighed on the borough weighbridge close by. Perhaps six vans would be waiting for one barge, and then I would take an average of the bales on the barge on the basis of the weight of these six vans. After I had done that I used to get one of my own billheads and make out an account for Mory and Co.,
giving the name of the ship, the number of bales delivered, and the weight. I then used to ascertain the price and tell them what I would return for the goods and fill in the price. After that had been done I used to copy the invoice in the press copy letter book. On another sheet of paper, with the same reference number, I would put the amount of the invoice, and when I sent the cheque I would put the amount of the cheque. These sheets of paper were all kept for a time, of course, and by casting them up I could tell at any time how the account stood with Mory. As soon as the thing was cleared up I should not keep these sheets of paper any longer. After the account had been agreed with Mory there would be no object in keeping them. Very few other firms from whom I bought would ask me to mention a prospective price. I bought out and out from other firms. With regard to paying in cheques, I used to enter the initials of the customers from whom I received the cheques on the counterfoils of the paying-in bock; in drawing cheques the names would, of course, be on the counterfoil. I used my paying-in book and my pass book as a cash book. I did not hand over these books to the trustee in bankruptcy because I did not know that it was. necessary to do so. On the morning of July 4 the officer of the court came to my office and asked me about my books. I told him I had not kept a ledger cash book or day book. Then he asked what books I had. I said, "My letter books and sundry other papers." He said, "Very well, put them all in a parcel. I have to go down East and will call later in the day for them." He did not call, and I took them up to the Court on the Monday morning myself, when my private examination took place. It was pointed out by the examiner that there must be other books. I told him I had paying-in books and so on. He said I would have to prepare a detailed cash account. I asked for assistance in the preparation of the cash (account, and I took these paying-in books and returned Cheque books to Mr. Story, the chartered accountant, appointed by the Court to assist me, and it was from this material that he prepared the account, and I have not had those things in my possession all this time. The books produced are delivery books and are in three parts. Two leaves are perforated. The first is for the carman to take away with him to give his master; the other is signed and put on this file, which practically represents all the goods which go from the wharf. I did not set any great store on those delivery order books and if they had been destroyed I should not have been anxious as I had a receipt on the file in case of dispute. In 1907 I came to the conclusion that I ought to keep a ledger. In the previous businesses in which I was engaged a ledger was kept, but they had 300 or 400 different names to remember. I bought the ledger which has been produced at Goode Brothers' in the Mile End Road. As a matter of fact I never used that ledger. I had a great deal to do. I had no staff at all. I had practically to attend to everything myself and I had no time to keep a ledger. Besides I kept a strict account of money owing to me and moneys I owed on this system of sheets of paper. The ledger was kept in my own office. With regard
to the orders I gave to Meeks and Mannering, it had been the practice during the whole of the time I was in occupation of that wharf to empty the contents of waste paper baskets into sacks, and when they came to work for me there were two sacks so filled in the outer office, and one day when they had nothing else to do I told them, as I had told Pope, my previous foreman many times, to burn these sacks of paper in the dung bin at the top of the wharf. When I returned from the City Meeks gave me an unused book they had come across in one of the sacks, so I said I would see the other one before it was burnt. On the following morning they emptied it out in my presence and there was nothing in it relating to my business. The sacks contained used envelopes, waste paper, catalogues, price lists, and the like. I have not at any time destroyed any single book relating to my business. I may have done foolish things, but I have never been guilty of the crime with which I am charged. As to the sack I gave orders should be taken to my house, I put into it with my own hands new stationery, letter headings, account forms, and things I thought might come in useful some day, also this new ledger and sundry other books, a German dictionary, a French dictionary, and the telephone book. The tin box contained plans for the proposed new wharf, new sheds, and correspondence relating to the proposed company. They were not papers relating to my business. With regard to the money I owed to Meeks and Mannering, it is not conceivable that men in that position of life would trust me to the extent of £8 or £9 for wages. The terms of the engagement were these. I told them at the end of June I was afraid I should have trouble with the wharf, but I was doing the best I could to save the ship, as indeed I was, because the negotiations for the proposed company were still in progress. I said, "I do not know what may happen, but I want to make it clear to you that, if I remain at the wharf myself, I will give you regular employment. My motive in asking them to stand by the wharf was that I wanted to keep, at any rate, the semblance of a going concern, but I said to them repeatedly, "Do not you stop here if you can get a job elsewhere. "But they only work at Bellamy's Wharf and there was no chance of any work there then, and they were very glad to stay at the wharf. I went through my account with Mr. Story. I think I was at his office three times. I gave him all the information I could and produced documents for his inspection. Throughout the whole of my life and business career there has never been any suggestion against my honesty, and I have never been into a criminal court, except that about 16 years ago I was fined 5s. for furious riding or driving. With reference to the cash account, I was ordered to appear for my public examination on October 15. Carter and Bell, representing the trustee, told the registrar that they had not had time to investigate the accounts filed, and prayed for an adjournment, and an adjournment was granted until November 12. In the meantime they wrote to me and asked me if I would give them a call re accounts. I went and placed myself entirely at their disposal. They had five small immaterial queries which I cleared up. The books I was referring
to when I wrote to Messrs. Mory were the letter book in which I copied the accounts and the sheets of paper which I kept until the shipments had been completely dealt with. At that time I had precisely the same books that I am speaking of now.
Cross-examined. I think I first knew of my insolvency in April, 1907. I did not realise that I was in difficulties till the middle of 1907. I considered I was solvent, taking the equity of the wharf into account. I consider that if I had been given an opportunity there should have been a successful flotation. I never attempted to float my own forage business into a company. I had not time to keep a proper set of books. Such books as I kept were sufficient for my purpose. By that I mean there was sufficient material to disclose fully the position. It was more convenient to me to do it in that way than to put it in a book which might be kept. After the transactions were closed I suppose I should tear the sheets up. In that sense I admit that I destroyed documents relating to my affairs—if you call them documents. I relied on the company going through and on being able to pay everybody out of the equity of the wharf. I should have taken a good deal more care in keeping books if I had thought the company was not going through. I did not mention to the Examiner in Bankruptcy that I bad destroyed these papers I am speaking of as I did not attach any importance to them. I could not get further than the prospectus of the company simply because of the second charge on the wharf. No documents went to my house relating to payments in connection with the company. Those payments were made out of my business. I kept mo separate account of those. The ledger was not bought as a dummy ledger. I do not admit that it was always on my desk. I did not keep it there for the purpose of creating an impression. Meeks is mistaken when he says he saw me writing in the ledger; it is absolutely false. I believe that both Meeks and Mannering are very much embittered against me. Mr. Lacroix is absolutely mistaken in saying I ever referred to the ledger on some question of account. He says there was no need to refer to the ledger, neither was there.
(Thursday, March 25.)
Further cross-examined. I bought the ledger myself. I do not remember what I paid for it. I also bought a cash book which will be produced. I gave it to my son who was learning book-keeping. The ledger was kept in my office from the beginning of 1907 to the time of my bankruptcy. I notice that it is extraordinarily well preserved, but my office was not a dirty office. I say that Meeks and Mannering are both deliberate perjurers.
The Recorder. Supposing that all these records bad been in a book. Should you have considered it desirable to return that and give it over to your trustees?
Witness. I do not know that I should because the transactions were closed. There was no dispute about the transactions afterwards, and naturally I did not at that time anticipate that I should be here.
I was buying goods on credit and realising them—sometimes at a profit. I do not remember that at the public examination I was realising at less than I was undertaking to pay. (Witness was referred to a passage in the shorthand notes.) I do not admit that I always made a loss. As to my pouring water over the letter book on this particular Friday, when the papers were burnt, it was a thing I often did. I had no letter press and I used to take the book to my washstand outside my office and pour water on it; then I used to close it and sit on it and then copy my letters and invoices. It is. absolutely false that I told Meeks he was to obey orders about the burning of the books and papers. The file and the three delivery books were in my office for months after my bankruptcy; but I thought they were of no consequence. I have never said that Dunn suggested to Meeks and Mannering that they should tell the story about the burning of the books, and I myself made no such suggestion to counsel or solicitor as foundation for the cross-examination which took place at the police court. What I say is that I believe those two men are capable of making any statement, and I am of opinion—I hope a mistaken one—that Mr. Dunn would offer them every encouragement. He had not got his fees and naturally felt sore. Meeks and Mannering repeatedly said they would have Hill behind prison bars, and, moreover, through those two men I had to leave Rotherhithe Street, because I was more than once told it was not safe for me to remain in it.
FEED GOODE , 348, Mile End Road, stationer and printer, produced his day book showing on May 25, 1907, entry of the sale of a 1, 000 page letter book at 4s. 6d., a 500 page ledger at 5s. 9d., and a cash book to James Hill. He could not say absolutely that the ledger produced was the one he sold, but it was of similar make. The book produced was well preserved and had no mark on it.
Cross-examined. The items having been entered in the day book showed it was not a cash transaction. If money had been received over the counter it would only have appeared in the cash book.
Hill's employment as foreman from October, 1906, to May 30, 1908. I used to employ temporary hands. I used to make out delivery tickets for goods and enter them in the long book known as the Moss Litter Book. As to the books I saw when I was there, there used to be a ledger on the table, a letter book to put all the accounts in, and I used to use a square book for goods that were sent out. This book was perforated in three divisions. One I gave to the carman, one I put on the file, and the third remained in the book. I never saw Mr. Hill write in any book but the letter book, the bank paying-in book and his cheque book. I was constantly in the office, in and out all day long. I have never seen him write in any ledger. The ledger produced (the new book) used to be on the table in his office. I have held the book and dusted it. I used to dust Mr. Hill's office. There was no safe, but there was a tin box in a corner of the office under the window. Mr. Hill never told me why, having bought a ledger on May 25, 1907, he never used it. At
the time I left Hill's employment there were two corn sacks full of paper in the anteroom, paper I had collected from the office from the waste paper basket. Previously I had burnt books and paper.
Cross-examined. I never opened the ledger when I dusted it. It was a similar sort of book to that produced. I have seen Hill sitting on the letter book. I never watched what he was writing; it was no business of mine. Loading and delivery was my job.
HENRY WHITEHOUSE , assistant of H. A. Eye, certificated bailiff, 48, Upper Grange Road, Bermondsey. In April, 1908, I was instructed to take possession of Mr. Hill's wharf under a warrant of distress for King's taxes and poor rate. I remained in possession until June 27. I used to sit in Mr. Hill's office all day and had a good opportunity of seeing what went on. Goods came in and went out and were booked in delivery books. Mr. Hill used to come in about 11 o'clock and go out until about four o'clock. I did not stay all night too; I used to have a key given to me. I never saw any ledger the whole time I was there. There was a small book which had never been written in. I could not say if the book produced (the new ledger) was the one. I have no interest in the case one way or the other.
Cross-examined. I looked inside of several of the books I saw there. They were small order books. The object of my being there was, of course, to try to collect the King's taxes, to see whether there was any money coming in. Mr. Hill thought he would get money every day, and used to say, "I shall have money to-morrow," and so we went on from day to day. If anybody had brought in money I should have taken possession of it. I could not take any goods as there were no goods to take, and there was very little business.
ALFRED FREDERICK STORY , chartered accountant, 115, High Holborn. In July, 1908, I was instructed by the Official Receiver in Bankruptcy to assist the debtor in making out his account. At the time I was instructed I had handed to me a great number of papers and passbooks and some copy letter books. The paying-in books were given to me by the debtor and a great number of cancelled cheques. From the materials given to me I was able to prepare a statement of affairs with a few exceptions. He willingly gave me all the assistance I asked for. Subsequently the debtor was requested to prepare a cash and goods account and that was prepared by me from the counterfoil receipt books, payments into the bank, passbooks, and cheque books and cancelled cheques. As to the goods account, as I had not very much time at my disposal I had to rest the goods account on a cash basis.
Cross-examined. The cash account simply refers to money paid and money received, but if you take all the cash paid for goods and add to that your credits, it would give the total of the goods bought. It would not, of course, show liabilities for rent and other things which would come into the account of a trader as distinguished from the cash account. Nor would it show how much was obtained from
any particular lot of goods. There were a lot of statements from Mory and Co. showing the prices at which they were selling their goods to him, but nothing to show the difference between buying and selling. I did not see anything to show the trading position with regard to foreign merchants.
CHARLES FREDERICK MILLER , The Shrubberies, Woodford. I am manager and buyer of a business in Somers Town. I sold forage on commission for prisoner for several months in 1907, in very considerable quantities. I recollect calling upon him on one occasion to verify certain prices in relation to Skinner's account, to whom I had sold a considerable quantity of barley and straw, the quality of which being inferior, they refused to pay the price. I told prisoner he would have to make a reduction. He said, "What price did I give you?" I said, "Turn to your ledger; it will soon show you." He told me he did not keep a ledger. I made the remark immediately, "Then how on earth do you carry on your business?" He showed me his copy letter book and said, "That is my ledger." I made the remark that it was a very funny way of doing business. He told me he had no time to keep books; he was too busy. I was naturally astonished, considering the business he was doing, as it was impossible for a man to know where he stood without keeping a proper set of books. He said he could always render any account that was necessary by turning up his letter book. I offered to post up his books for him. He said, "I keep no ledger, I keep no books; I have no time and I cannot afford to pay a clerk."
Cross-examined. The only things I have seen have been the weights sheets. He did not tell me it was his habit to keep sheets until the accounts were cleared and then to destroy them. There were always heaps and piles of papers there.
Sentence, Four months' in second division.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, March 24.)
ALCOCK, Edward (36, traveller) ; conspiring and agreeing with others to cheat and defraud Lewis Jamieson of one motor-car, his goods; conspiring and agreeing with Ernest Burgess and Thomas Burgess to obtain by false pretences from the Wearwell Cycle Co., W. Anderson and Co., Limited, T. Jackson and Sons, Dunville and Co., J. and J. McConnell, Limited, Algerte Henry Busby, and Tom John Hirons, divers of their goods, in each case with intent to defraud.
Mr. Travers Humphreys prosecuted; Mr. George Elliott defended.
ales and mineral waters. Exhibit 6 now produced is the counterpart of that agreement.
Cross-examined. The "Old Welsh Harp" is a valuable property; when I leased it to the Burgesses I regarded them as persons of substance; they paid a deposit of £700. The goods they had from me ran into considerable sums of money, and I was paid.
EDWARD CAREY , auctioneer and cycle agent, Elephant Road, S. E. I received the letter of July 16, 1906 (Exhibit 1), signed "E. Alcock," and referred the matter to Mr. Dark. About three weeks afterwards defendant and his uncle called on me. Defendant said the order had been carried out, and that the cycles had been paid for and they wanted their commission. Mr. Dark made me a present of £15 out of the transaction and I gave defendant and his uncle £4 each as their share of it.
JOHN ROBERT DARK , London representative of Wear well Cycle Company, Wolverhampton. About July 16 I received Exhibit 1 from Mr. Carey and in consequence, Sent my traveller, Mr. Powell, to the 'Welsh Harp, "Hendon, and he returned with Exhibit 2 and order signed "E. Burgess" for two sample bicycles. I forwarded those to the "Welsh Harp," and a day or two afterwards Powell brought me Exhibit 3, a further order signed "E. Burgess," for 52 machines, the total price being £259 2s. Those machines were supplied from the works at Wolverhampton. £59 2s. was paid on delivery by a cheque drawn by Thomas Burgess. I received bills for the balance, but they have never been met. They told me the bicycles were wanted for hiring out purposes.
Cross-examined. I quite understood throughout the transaction that Burgess Brothers were the persons with whom I was doing the business, and never regarded Alcock as a party in the sense of being the purchaser. I do not suggest that Alcock made any false statement to me before I parted with the bicycles; I gave the credit before I saw him.
WILLIAM JAMES POWELL , traveller to last witness. I obtained the two orders (Exhibits 2 and 3), which I got from the two Burgesses, not from Alcock; they told me the bicycles were required for hiring out.
Cross-examined. So far as I knew, Alcock had nothing whatever to do with the transaction.
JOHN RAWSON , manager, Auction Company, Limited, 48, Milton Street, E. C. Last October my company received about 50 bicycles to sell on behalf of Burgess Brothers at a reserve price of £5 10s. each; they were quite new. They were put up to auction, but failed to reach that price. Soon afterwards T. Burgess and defendant called on me and instructed me to sell them at £2 10s. each, which I did, and handed the proceeds over to Burgess Brothers by cheque (Exhibit 9) for £103 8s. 6d., being the amount realised less commission and expenses.
Cross-examined. It was never suggested that I was doing any business or selling in any way on behalf of Alcock; he took no part in the matter as a principal.
JAMES EDWARD WARD , chartered accountant, 122, Cannon Street. I am receiver and manager of the business of Anderson and Co., Limited, whisky merchants, London and Leith. About July 23 Salisbury, our traveller, reported to me the receipt of an order from Burgess Brothers for 100 dozen of Red Star Whisky, which I delivered. I wrote and went to the "Welsh Harp" myself, but failed to get payment. When at the "Welsh Harp "I saw Alcock, whom I recognised as a man who had been in the employ of Anderson and Co., prior to my being appointed manager and receiver. I have never got paid. The account owing is £147 10s.
GEORGE FREDERICK SALISBURY , traveller for Anderson and Co. I obtained the order (Exhibit 24) from Thomas Burgess, at the "Welsh Harp," for a 100 dozen Red Star Whisky at 29s. 6d. The order is dated July 22 last, and is signed by T. Burgess in the name of E. Burgess.
Cross-examined. I should think defendant had been with Messrs. Anderson for six years or more. He only left them when many other employees had notice to go in consequence of the liquidation; it was through no fault of his own. He was in charge of the counting-house, a responsible position, and always conducted himself with perfect propriety. I forget what his salary was, but it might have been £300 or £400 a year. Alcock had nothing to do with the giving of the order at all. We always regarded the Burgesses as substantial people, and they had bought quantities of spirits from us before and always paid for them.
WILLIAM CARVER MILLER , traveller for Dunville and Co., distillers, Belfast. In September last I called at the "Old Welsh Harp" and received an order from Thomas Burgess for 12 cases and a hogshead of Irish whisky, the total amount being £55 8s. 5d. That order was duly executed, but we never received payment.
Cross-examined. I had nothing to do with Alcock in relation to the transaction; I never saw him.
JOHN BICKERSTAFF , traveller to J. and J. McConnell, Belfast. On September 14 I called at "Welsh Harp" and got a verbal order from Thomas Burgess for whiskies amounting to £129 12s. 3d. The goods were duly delivered, but we have never received payment.
Cross-examined. I never saw defendant in connection with the transaction; he had nothing whatever to do with it.
ALFRED JOHN HAMPTON , manager, T. Jackson and Sons, cigar importers, Glasshouse Street. In August Mr. T. S. Jackson, our traveller, brought me an order from Burgess Brothers for 3, 000 cigars in all. That order was executed, and invoice (Exhibit 51) sent for the goods. We have never received payment. We took proceedings in Westminster County Court, and got judgment and issued execution, and we were in possession at the "Welsh Harp" for about six weeks but got nothing eventually.
Cross-examined. I never saw defendant in connection with the transaction until he called on one occasion, when he said he had been sent by Mr. Burgess to see if he could make some arrangement, but he was present at the County Court.
THOMAS STONEWALL JACKSON , traveller for my father, the proprietor of T. Jackson and Sons. On August 9 I went to "Welsh Harp" and saw the two Burgesses; they asked for some samples of cigars, which were sent, and two days' later I saw them again and obtained the order for which Exhibit 51 is the invoice.
Cross-examined. I never saw Alcock at all. He had nothing whatever to do with the transaction.
JACOB KINO , wine, spirit, and cigar merchant, 23, Francis Street, Westminster. I am proprietor of "Windsor" public-house, Victoria, and other houses, and of Keeble's Stores, Deptford. In September last I was introduced to the Burgess Brothers for the purpose of purchasing their stock of cigars. I inspected their stock at the "Welsh Harp," and bought from them about 38, 000 cigars, for Dr which I paid by cheque, Exhibit 48, dated September 25, for £30012s. I gave the cheque to Ernest Burgess, and he asked me to get it cashed for him at the bank, which I did, and handed him the money, taking the receipt Exhibit 47. About a week after that defendant and the two Burgesses called on me. The older Burgess told me that they had got their wines and spirits to sell, and produced a list of them, which I agreed to buy. I paid for them by cheque, Exhibit 39, for £788 5s., dated October 8, a crossed cheque. Thomas Burgess asked me to make it am open cheque, and I wrote "Pay cash" across it and send) it to the bank, and received back from the bank the amount in notes and gold, which I handed to Thomas Burgess. Defendant and younger Burgess were present. Thomas Burgess gave me receipt, Exhibit 40, for the money. The three of them were present when the prices I was to pay were being discussed; defendant took no part in the discussion; he seemed to be going into the figures to see what they were coming to.
Cross-examined. So far as I was concerned it was a bonafide transaction, and I never thought there was anything improper about it. I understood defendant to be acting as a kind of secretary in the matter, and never regarded him as being in any sense a party to the transaction; he took no part in fixing the prices.
By the Court. There is nothing unusual in publicans selling off their stocks; they very often find themselves overstocked and short of money.
Re-examined. Alcock was introduced to me by the Burgesses as their entertainment manager, but they gave me no reason why he should have (been present when they were selling their cigars and whisky.
ROBERT JENNINGS , carman to W. T. Figg, Crawford Street, Marylebone. In September I went to "Welsh Harp" with a pantechnicon and loaded it with cases of wines and spirits, and defendant gave me a paper with an address on it, Keeble's Stores, Deptford Broadway, and told me to deliver them there. I took the cases there and received receipt produced for them.
spirits. Defendant gave me my orders to take them to a place off Regent Street. About a week before that I took nine bicycles to Milton Street. On a third occasion I took 24 cases of cigars to the "Windsor" public-house, at Victoria. While I was there Thomas Burgess and defendant came. I carried the oases upstairs and defendant and another young man unpacked them. Defendant gave me instructions where to take the things to on two occasions and Ernest as to the bicycles.
ALGERINE HENRY BUSBY , farmer and horse dealer, Oxford. I was at Rugby Fair last November with some horses to sell. I there saw a man named Barker, who introduced himself to me, and said he came from Burgess Brothers, of the "Welsh Harp," and showed me a letter from them. I sold him five horses on their account for £245. I seat my account but got no reply, and after a day or two came up to London to the "Welsh Harp," and found that my horses had gone. I could not get paid, 90 I went to the police. I have never been paid, but I got four of the horses back from a Mr. Lillie on making an arrangement with him.
Cross-examined. I never saw Alcock in the matter.
Police-sergeant GEORGE CHICHESTER. Busby made a complaint to me on December 2.
TOM JOHN HIRONS , farmer, Bicester. I was at Rugby Fair on November 16 with some horses to sell. A man named Barker introduced himself to me, and I sold him three at the price of £53 each on account of Burgess Brothers. I sent the horses up to London on the 17th, and also my account, but got no reply. I then went to the "Welsh Harp" and saw my three horses in the stable. I also saw Alcock, whom Barker introduced to me as the secretary. Alcock said that a cheque would be sent me that night, but I have neither been paid nor have I had my money.
SYDNEY LILLIE , horse dealer. I know Barker, and through him went to "Welsh Harp" on November 26 and bought 11 horses from the Burgesses for £540. I paid over to Alcock, who was introduced to me as secretary, and Barker, the next day £340 in notes and gold and a cheque for £200, and got a receipt signed by Barker. I handed the money to Barker, but I believe he gave it and the cheque to Alcock. I stopped the cheque next day because of something I heard. The horses were delivered, and I have had to give them up by arrangement to the owners. 'The cheque for £200 has never been paid, and the Burgesses have not sued me for the balance.
Cross-examined. I only regarded Alcock as acting on behalf of Burgess Bros.
and other things being removed. On December 2 I arrested the two Burgesses. I had a warrant for defendant, but did not find him at "Welsh Harp." I was present when the Burgesses pleaded guilty. On February 15 Alcock called at Willesden Green Police Station and gave himself up. The charge was read over to ham and he made no reply.
(Thursday, March 25.)
Verdict, Not guilty.
BEFORE MR. JUSTICE CHANNELS.
(Thursday, March 25.)
FALLOWS. Joseph (75. solicitor) ; being a trustee of certain property—to wit, £515 Three and a Half per Cent, maximum stock of the Gas Light and Coke Company on an express trust created by a certain deed—to wit, a marriage settlement, dated September 20, 1898, for the use and benefit of Kate Tucker, unlawfully converting the sum of £550, part of the said property, to his own use and benefit, with intent to defraud.
Mr. Muir, Mr. Graham-Campbell, and Mr. Trevor Bigham prosecuted; Mr. Firminger defended.
ALFRED ORME , duly qualified medical man. I am now attending fete Tucker, who is suffering from enteric rheumatism. It would be most unsafe for her to attend this Court—she could not do it without danger to her health.
Inspector CHARLES BELCHER , Criminal Investigation Department. I was present when Kate Tucker was examined before the magistrate, cross-examined by the prisoner's counsel at considerable length, and the deposition was read over to and signed by her.
Kate Tucker's deposition at the police court was then read.
ARTHUR JOHN TUCKER , Leytonstone, collector, Gas Light and Coke Company. My wife was formerly Miss Kate Powell, the daughter of Katherine Powell, who is a witness here. I produce marriage settlement between myself and Kate Powell, containing the signatures of my wife, Mrs. Powell, and the prisoner. It recites the assignment of the lease of a house to Kate Powell, and it settles the house and furniture on Mrs. Powell and prisoner upon trust for my wife and her children. There is also a trust of £200 in Consols; at power of tale to the trustees, who shall in their discretion invest the proceeds thereof and pay the income to Kate Powell for her life and after her death to her children. On April 30, 1901, I received letter produced from prisoner. On June 18, 1902, I, my wife, and Mrs. Powell signed letter of indemnity produced to prisoner and received from
him three cheques, making up the sum of £85. On November 27, 1902, prisoner stated in letter produced that the residue of the trust fund had been invested on mortgage at 4 per cent, interest. I never knew where the property was which was supposed to be the subject of such mortgage. On January 21, 1903, my wife received letter produced from prisoner stating "The amount of my cheque for interest is quite correct, and the same as I paid you last quarter. You have forgotten the advance made to you by the trustees on June 18 last of £100, which, of course, reduces the interest. The amount now left invested is £350 only." On October 17, 1905, prisoner wrote letter produced, saying, "The balance of the trust fund is £350, not £300." On October 19, 1905, I, my wife, and Mrs. Powell, signed an indemnity in favour of prisoner in respect of a further sum of £25 advanced out of the residue of the trust fund by the prisoner to my wife.
Cross-examined. The furniture was sold by my wife. I do not know that the prisoner remonstrated about it. I said at the police court that I did not know about the amounts which had been advanced. I knew that a certain portion was to be put on mortgage in Kensington. I knew my wife had part of the trust moneys from prisoner for the maintenance of the children—there is a clause in the settlement to that effect. My wife left the matter to prisoner as a lawyer—my wife knew nothing of what legal proceedings were necessary. There was a policy of insurance relating to my father, which he refused to have anything to do with.
Re-examined. The clause in the trust deed gives power to the trustees or trustee to apply a portion of the funds to the advancement of the children.
KATHERINE POWELL , 14, Elder Avenue, Crouch End, widow, mother of Mrs. Tucker. My daughter was married in September, 1898. Prisoner suggested that there should be a marriage settlement. I had known him 18 years. The marriage settlement was drawn up by him, and he asked me to be one of the trustees. The house was subsequently sold and invested in gas shares, which were afterwards sold with a view to getting higher interest by the proceeds being invested on a mortgage. Subsequently £100 was paid to Mrs. Tucker by prisoner. I then understood he was going to invest £250 in a mortgage and to look for a better investment for the remaining £100. Prisoner told me that the money was invested in a house at Kensington. I entrusted the management of the business of the trust entirely to prisoner. In 1906 I instructed Carter and Barber about some other matters, and in 1908 I instructed them to deal with this matter.
Cross-examined. Prisoner suggested and my daughter and I agreed that there should be a settlement. The furniture was afterwards sold. Then the house was sold and the proceeds invested in gas shares. My daughter wanted to get a higher interest, and prisoner said he would endeavour to get us 4 per cent, on a mortgage. He afterwards told me he would put £250 into a mortgage in Gloucester Road, South Kensington, and the other £100 was to remain until a proper investment should be found. I did not understand the matter, but left it entirely to prisoner.
ALLAN TUDOR DAVIS , partner in Marten and Christopherson, 9 and 10, Tokenhouse Yard, stockbrokers. On June 12, 1902, prisoner instructed us by letter produced to sell gas shares, which we did, sending him cheque produced amounting to £454 7s. 6d., which is endorsed by prisoner and duly paid by our bank.
LEONARD G. JONES , clerk in the Union, of London and Smith's Bank, Charing Gross. I produce copy of prisoner's account with my bank between June 2 and June 25, 1902. Up to June 5 the account was in debit for a small sum. On June 6 it was in credit £22; June 11, £17; june 18, £15 18s. 5d. On June 18 £454 7s. 6d. was paid in by cheque (produced) of Marten and Christopherson. The account shows down to September 30 a gradually diminishing balance, the only credit. being £8 8s. 10d. on July 6. On July 14 a cheque was drawn, £23 19s. 9d.; July 15, £10 17s. 6d.; July 23, £18 15s.; July 28, £12 13s. 1d., in favour of F. W.F.; July 31, £9 12s. 8d.; August 2, £71 16s.; September 16, £7 16s. to bearer; March 4, 1903, cheque of Frieake and Co. for £88 8s. 6d. was paid in.
Mr. Firminger objected that the details of the payments were irrelevant. Held details relevant as showing the misappropriation of the £350.
The cheque of Frieake and Co. for £88 8s. 6d. was made payable to "J. Fallows," and is endorsed in the handwriting of the prisoner. It was paid into Joseph Fallow's own account on March 4, 1903. On October 8, 1903, cheque of Wright, Odell and Co was drawn on my bank in favour of J. Fallows for £31 12s. It is endorsed by prisoner and paid into his private account October 9, 1903.
Cross-examined. Prisoner's firm of Fallows and Rider also had an account at my bank, in which between July and September, 1902, there was a credit balance of £300 to £400. On June 18 there was £417 to the credit of Joseph Fallows. Between June 18 and September 17, 1902, there was no transfer from prisoner's account to that of Fallows and Rider. Fallows and Rider's account was kept open up to 1906 or 1907.
HAROLD JAMES HUTCHINSON , partner in Carter and Barber, 18, Eldon Street, Finsbury, solicitors. In 1906 my firm were instructed by Mrs. Powell, and in 1908 we were instructed with regard to her daughter's marriage settlement. We wrote to prisoner asking for particulars thereof and received a formal acknowledgment of our letter. We wrote again on April 9, 1908, informing prisoner that we had learnt that the gas shares had been sold and the proceeds had never been invested, and demanding an. account of the money. On May 1 we issued a writ against the prisoner claiming administration and that the money should be paid into Court. On May 20 we received letter produced from him, stating that the trust money had been invested on a mortgage of leasehold property, 19, Gloucester Road, South Kensington, that the lease had been forfeited, the mortgagors bee Dining insolvent, and the money lost." I am, however, advised that the circumstances under which such loan was made were such as to render it a technical breach of trust, and one which the trustees are legally liable to make good; but I recognise that if there be any such liability I am at least morally responsible to indemnify
my co-trustee for any loss. In these circumstances I am willing to retire from the trust, and to pay within three weeks from to-day (I must have time to realise securities) the amount of £350 to your client, "' and also offering to pay the costs. We replied on the same day offering to accept security for the amount and received no answer. On May 2 Mr. Justice Parker ordered prisoner to pay £350 into Court; that order was made by consent. A writ of attachment was issued and prisoner was attached.
Cross-examined. I believe prisoner has been in prison since the attachment under the order.
ROBERT FREDERICK PIPER . The last witness and myself are the sole partners in the firm of Carter and Barber, solicitors. I saw prisoner on several occasions. On October 7, 1906, I asked him about Mrs. Tucker's marriage settlement—what the fund consisted of and how moneys were invested. He said it consisted of £350, and was invested upon some household property at Kensington. He handed me copy lease produced of 19, Gloucester Road, by Mrs. Isabella Grice to W. Pyke, dated December 20, 1900, for 14 years, at a rent of £200 for the first three years, rising to £250, together with a charge thereon for £250, in favour of Joseph Fallows and John Rider, solicitors. He produced no assignment of that charge to the trustees or Mrs. Tucker's marriage settlement, and I have seen none.
Cross-examined. In an equitable charge the principal thing is the possession of the deed charged—a mere letter of transfer would be sufficient with the possession of the deed. We had great difficulty in getting information from prisoner respecting the settlement. He ultimately gave me a copy of the lease.
REGINALD PRESTON , solicitor, managing clerk to Eagleton and Son, 40, Chancery Lane. Mrs. Isabella Grice was one of our clients. She held an under lease of 19, Gloucester Road, as executor of her husband, of which she granted sub-lease produced to Pyke on December 20, 1900, and of which in February, 1901, she granted her license to Pyke to assign to Pyke, Large, and Eskell, for whom Fallows and Rider acted as solicitors. In 1907 Mrs. Gryce wished to surrender her under lease, and negotiated with Pyke, Large, and Eskell for the surrender of their sub-lease. I saw prisoner about it. I told him the rent had not been paid. He said that he had a charge on the lease, but he could give up the document if I would pay him £10. I prepared an assignment of his interest in the lease and sent it to him for approval. He returned it after some time stating it could not be gone on with because it was necessary for his expartner, Mr. Rider, to join in the document and as he declined to do so the negotiations fell through. We thon had to get rid of the sublease by an action of ejectment, which terminated it in February, 1906.
Cross-examined. Prisoner gave me copy produced of an equitable charge from Pyke and Eskell to his firm. Pyke and Eskell were carrying on a fair business when Mrs. Gryce granted permission for the assignment of the lease; they gave a personal undertaking to
pay the £250. The document of charge is genuine and in ordinary form. We had to surrender the lease because they had not paid the rent.
FREDERICK COOPER , clerk to Frieake and Co., sheriffs. Cheque (produced) for £88 8s. 6d. was paid by my firm as the proceeds of an execution levied under judgment (produced) in an action of Fallows and Rider v. Eskell, for principal and interest due under a covenant of a deed of June 3, 1901, amounting to £261 10s. 6d.
Cross-examined. The judgment is the order of a Master.
ARCHIBALD WRIGHT , of Wright and Odell, officers to the Sheriff of the County of London. On August 22, 1903, my firm received a writ of execution from J. Fallows, solicitor in an action of Fallows and Rider v. Eskell, for £281 14s. 2d., and on September 23, 1903, a sale took place of the effects at 19, Gloucester Road, realising a net sum of £31 12s., for which my firm handed prisoner cheque (produced), which was paid through the County of London and Smiths Bank, Charing Cross.
THOMAS HENRY MOULD , solicitor's clerk. I was formerly employed by Fallows and Ryder, who dissolved partnership at the end of October, 1902, when I commenced with the prisoner. I assisted in keeping the books, copying the entries from rough sheets given me by prisoner. On March 4, 1903, I entered in the cashbook cheque (produced) as "Fallows and Rider. v. Eskell. Amount of levy £88 8s. 6d." That is posted in the ledger to credit of Fallows and Byder. On October 19, 1903, I entered cheque (produced) as "Sheriff's levy, £31 12s."; it is also posted in ledger to credit of Fallows and Rider. The two amounts of £88 8s. 6d. and £31 12s. are also credited to Large, Pyke, and Eskell. There is an account in the ledger headed "Tucker's Trustees"—neither of those sums are credited to it. That account is debited every quarter with sums of £3 10s., the last item being January 15, 1907. All the entries from May 1, 1903, in Tucker's Trustees' account are in pencil only. Prisoner's letter book (produced) contains, on November 28, 1902, copy letter signed by him to Eskell, "Re Mortgage. Pray let me hear from you when you will be prepared to pay this money. I am pressed and really want it." On December 10, 1902, there is another letter, prisoner to Eskell, "I am in receipt of your letter of 8th inst., but regret to say I cannot wait any longer. It may save you some annoyance if you call here to be served with process instead of my sending it to your business premises." On December 12 prisoner issued writ (produced) against Eskell.
Cross-examined. I had been with prisoner 35 years; he carried on a very substantial business till recently. In the two executions Fallows and Ryder had a bill for costs of £119, which was the amount received by the two levies, leaving the principal sum of £250 unpaid.
CHARLES BELCHER , recalled. On February 9, 1909, I saw prisoner in Brixton Prison and read and explained the warrant to him. I afterwards saw him at Bow Street Police Court, and charged him. After the warrant was read he said, "Yes, I understand." After a
few moments' hesitation he added, "Oh, the amount is limited to £350, is it?"
Mr. Firminger submitted that there was no evidence of conversion of the sum of £378 as charged in the indictment, £125 thereof having been repaid. Held that, the amount having been paid into prisoner's private account and gradually drawn out, that was evidence for the jury as to whether it was conversion or not.
Prisoner was stated to have also appropriated, as solicitor for Mrs. Katherine Powell, £2, 000 previous to January, 1902. He was sued for it with his partner, Mr. John Rider; judgment was given by consent against both and Mr. Rider subsequently paid the £2, 000 and £300 costs.
Rev. F.C. BOULTHEE, Hargrave Rectory, Huntingdon, gave evidence as to prisoner's character, and stated that for the last few years prisoner had been in delicate health, and, being very aged, had been incapable of transacting business.
Sentence, 18 months' imprisonment, second division.
BEFORE THE RECORDER.
(Thursday, March 25.)
WINKERT, Klara (20, servant) ; stealing one Post Office Savings Bank book, the goods of Dinah Wilder; forging a certain request for the payment of money and receiving certain money by virtue of the said forged request, in each case with intent to defraud.
Mr. A. J. Lawrie prosecuted.
BARRY HOLTHAM , police officer attached, to the General Post Office. On March 5, owing to receiving instructions as to a depositor's savings bank book having been lost, I saw prisoner at 3, Hutchisson Avenue, Aldgate: She told me her name was Klara Winkert. I said to her, "I am a police officer and I believe you to be the person who has stolen the savings bank deposit book of Dinah Wilder and also the person who has forged and uttered a notice of withdrawal of a sum of £11 3s. 1d. and a receipt for that amount." She replied in English, "I know nothing at all about it." I said, "I shall arrest you and charge you with those offences." On the way to the police station in a cab she said, "I will tell you the truth." I stopped her from saying anything more and cautioned her. She afterwards made a voluntary statement, which she signed.
DINAH WILDER , 20, The Pavement, Seven Kings. I have a savings bank account. The book produced is my book. The mark on the front page is my mark. I lost the. book on February 16. I kept it in my bedroom under the mattress. The mark on the receipt produced is not mine, and the money has been withdrawn without my knowledge or authority. Klara (prisoner) called to see me on February 17. I asked her what she had come for. She said her young man wanted to make a business. I do not know whether she
knew where my book was kept. I did not give it to her. I give to nobody my money.
Prisoner. She said to me she wanted to lend some money, and therefore she gave me the book.
HARRY MICHELSKY , tailor, 53, Buxton Street, Brick Lane. Prisoner came to see me on Thursday, February 18. She brought with her a savings bank book and a withdrawal form and asked me to fill up the form for the withdrawal of the money. I did so. I asked her about the name "Dinah Wilder," and she said that was a mistake on the part of the post office. She told me a blue paper was to come on Saturday, winch I was to forward to her, but she came for it and I gave it to her.
MILLIE WOSSERMAN , 3, Hutchison Avenue, Middlesex Street. I remember prisoner coming to me about February 20. She asked me to do (her a favour by going to the post office in High Street, Whitechapel, and taking money out. I went and she asked me to sign the name of Leah Levi in respect of an account she wished to open. I signed the receipt produced for the withdrawal of £11 13s. 1d. in the name of Dinah Wilder. Prisoner stated that the girl who opened the account made a mistake in her name. She also said she could not write. I saw her get the money.
The witnesses WOSSERMAN and MICHELSKY, recalled at the request of prisoner, said that they had known her a long time and gave her a good character. Verdict, Guilty, with recommendation to mercy.
Prisoner, it was stated, had deposited £7 10s. in a penny savings bank.
The Recorder directed that the £7 10s. should be handed over to the Postmaster-General and directed the police officer to obtain from prisoner the necessary authority for the withdrawal of the money.
Sentence was postponed until the following morning to enable this to be done. Next morning (Friday, March 26) the officer having reported that the money had been withdrawn, the Recorder passed a nominal sentence entitling prisoner to discharge and she was handed over to the superintendent of a home conducted by Jewish ladies with a view to. her being found a situation.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 25.)
Mr. Oliver prosecuted.
lived with him about five months and then left him, and came home to her mother. Have seen prisoner frequently from that time up to the present. Certificate (produced) is the certificate of marriage of prisoner to my sister. My sister is still alive. She left prisoner because he got arrested.
To Prisoner. I am not living on prostitution; you have to tell a tale when you say my sister (your wife) has got four bastards by other men.
MARIA HOLMES , 18, St. Peter's Street, Islington. I am the mother of Maria Elizabeth Hosier. I was present on March 16 at the registry office in Vallance Road, when prisoner went through a form of marriage with my daughter in the name of Burkop.
To Prisoner. You have been very good to me and I am not sorry I married you.
Detective JOHN STEPHENS , H Division. On the day of the marriage I went to 20, Wentworth Court and saw prisoner and last witness. I said to prisoner, "I am a police officer, you know me; you got married this morning at the Registry Office, Vallance Road, to this girl." He said, "Yes, that is right." I said, "Did you know that your wife, Rebecca Lynn, was and is still alive?" He said, "Yes, I saw her two weeks ago." Last witness gave me the certificate, and I took prisoner to the station. Prisoner said, "I know I've been a fool. I saw Rebecca two weeks ago and I gave her or her mother 2s. I told her I might be getting married again soon." In reply to the charge he said, "That is right." He also said his wife had been living with another man and had got two children by him.
JOSEPH BURKOP (prisoner, on oath). I got married to the first woman—I will not call her my wife—in 1898. The marriage went on all right for a few weeks and then she started going wrong, going out at nights and not coming home till one and sometimes two o'clock in the morning and occasionally out all night. Whenever I spoke to her and asked her what she meant by going on like that she says, "Mind your f——ing business"—from morning till night, and calling me a four-eyed bastard. One night coming home unexpectedly from night work I let myself in with a latchkey and found her in bed with a man. I could not afford to get a divorce and I have let it run from one day to another, and now it is 10 years since we parted. The man she was in bed with was her father's brother, and nine men got over her in Red Lion Court in one day, and for a glass of beer she would lift her clothes up. That is the wife I had, and I have got a good girl now.
Verdict, Guilty, but recommended to mercy.
Several convictions were proved against prisoner, including one of five years' penal servitude on April 5, 1899, at North London Sessions for warehouse breaking.
Sentence, Three months' hard labour.
MILLER, Herbert (28, journalist) ; 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; stealing one brooch and other articles, the property of George Rouse, in his dwelling-house.
Mr. Hardy prosecuted; Mr. Purcell defended.
Dr. JOHN KEMPSTER . I saw prisoner at South-Western Police Court on February 25. He had two scars on the ball of the left thumb, one an old one and one more recent. The latter appeared to have been caused seven or eight weeks before by broken glass or something of a sharp nature.
Cross-examined. I can only say that the recent scar had been caused by something sharp; I cannot say by glass.
ALBERT BOLTON . I was caretaker at Mrs. Ingpen's house, 42, East-court Road, Battersea, on December 30 last. She was away from home and I and my wife were in charge. Before going to bed that night I closed all the doors and barred the inner door. About one o'clock in the morning I heard a noise End came crown with a candle in my hand. I heard them rush across the kitchen, and I darted on them and caught this man here by the throat, and I was fetched down with a big pot. I got up, and then I was hit in the eye with a long-handled broom and knocked down again. I sprang to my feet again, and that man there ran away and left me for dead, with Wood in my eyes so that I could hardly see. Then the policeman came and took Harvey, the other man that I had got hold of, out of my arms just as I was falling back, because I was done, and this man got away by the back through the window, because he knew the house. I was took to bed and the doctor dressed me. I did not see prisoner disappear, because I was too badly injured where he knocked me down and gave me terrible blows while I was down, and my eye was all out, and the doctor thought I was going * to lose it, and I have not been able to work since. I gave evidence when Harvey was convicted and sentenced to five years for the burglary and three years for doing me grievous bodily harm.
Cross-examined. I did not see either of the two thieves before I heard the noise and came down. I saw prisoner last July, when he came to the house for the girl on two occasion. Directly I got into the kitchen on December 31 I put the candle on the table; and that is all the light there was. The man whose throat I caught hold of was in the back washhouse four steps down from the kitchen I could not see him. I saw the face of the other man after I got him in the kitchen in the light. It was in the wash-house where I, was struck in the eye with the broom and when I was knocked on the head with a pot. Then the two men went into the kitchen where the light was and I followed them. I was very much dazed after
my injuries, but I am a very strong fellow. It was in the kitchen I caught hold of Harvey; the other man had then gone through the drawing-room window because the police had come. He went quickly, and did not give me much opportunity of seeing his face. I saw Harvey's face in the kitchen, but the face of the second man I never saw at all; I was too much knocked about. I could not properly swear that prisoner is the second man, but I am sure he is, because he left his boots and his hat behind. When prisoner was in custody I was taken to the police-station to identify him, and I did touch the wrong man, but he was a man very much like prisoner, and if he had had his overcoat on I should have known him. I only touched the man because I wanted him to turn round, not because I thought he was one of the thieves.
Re-examined: I did not see prisoner's face on that night, but I have seen him out with the servant girl Dulcie. Both the men had their boots off. It was a foggy night.
Mrs. BOLTON , wife of last witness. On the morning of December 31 my husband was disturbed by noise and went downstairs; I heard a scuffling and I went down too. At the foot of the stairs I saw a man at the front door trying to get out. I heard my husband crying for help, and I ram to his assistance and saw him struggling with Harvey. I made for the area door to call for (help, and when I opened the door I found two police-con stables entering the gate, so I let them in. My husband had got hold of Harvey, though he was so bad, and handed him over to the constable. When I saw prisoner at the foot of the stairs when I came down, he said, "Don't touch me, else I'll out you." When he found he could not get out of the front door he darted through the passage again into the drawingroom and 'broke the window and got through into the back garden. I did not see him do that, but I saw the window afterwards and there were bloodstains on the snow down—the steps from the Window; it was a French window. I did not see the man's face, but there is a gas lamp outside the door which shows through (the glass part of the door very plainly, and I knew him by his form and has voice when he called out. It was prisoner. I had seen him once or twice last June when he called for the servant, Mrs. Hart that is now. The men had collected a lot of things on the kitchen table ready to be removed.
Cross-examined. The front door is about two year's from the foot of the stairs; when the man threatened me I went at once to help my husband, so that I was not a second in the hall. I did not see the man come back from the door and go into the drawing-room. I am quite certain it was the man who used to come and visit the servant; I knew him by his voice and his form—square shoulders and slim. I told the police what I had seen, but I was not taken to the station to identify anybody. I am quite certain prisoner is the man whom I saw in the hall. I did say before the magistrate that 1 was surer then than I was before.
Re-examined. Have seen prisoner three times and have had short conversation with him.
Police-constable AMBROSE . On night of December 30 I saw a light at the back of the premises in question, and kept watch with another constable. I beard a struggle and then the light went out, and I went round to the front door and saw a man trying to get out of the door. He then turned back, and we burst the side door open. I saw tube caretaker struggling with Harvey, who had a large saucepan in his hand. I also saw prisoner's face as he was going in the direction of the stairs. I did not see him again until I identified him after he was arrested.
Cross-examined. I did say to the magistrate that I did not give a description of prisoner. When I identified him he had a hat on; the man I saw in the hall had not got a hat on.
Mrs. MILLARD . I keep a confectioner's shop at 275, Waterloo Road. Have known prisoner eight or nine years. I also know Harvey. On December 30 prisoner and Harvey came to my. Shop between seven and eight p.m.; they had refreshment; Harvey said they were short of money and would pay later. Miller said, "We are going to do a 'bust' at Barnes." "Bust" means a burglary. Harvey said, "We won't go to-night, Bert." Miller said, "Yes, we will; it is a foggy might and the girl is all right." Harvey said, "Well, come along." I next saw Miller between 11 and 12 the following morning in my shop. He said, "We have done the bust, "' and he told me Harvey was pinched. *I noticed he had a handkerchief round his hand; he said a window fell on it.
Cross-examined. All the boys call me Ma; some of them have been in penal servitude. Harvey and Miller were always straightforward, gentlemanly little fellows to me. I sometimes receive letters for the boys. Sometimes detectives call and make inquiries of me. It was not my duty to inform the police that these two men were going to commit a burglary, and if the police had not questioned me they would not have got any information.
Mrs. KNIGHT , 22, West Square, Southwark. Miller was a lodger in my house on December 30. Harvey called for Miller about 10 p.m., and they left together soon afterwards. I went into Millers room shortly afterwards; the bed was made, and his laundry and a few lumps of sugar were on the bed. Prisoner did not return that night. I went into his room about eight o'clock next morning, the bed had not been slept in, and the laundry and the sugar were still lying on it. He came in shortly after 11 that morning and washed and went away. Some time afterwards I noticed he had a cut on his hand. He lodged in my house down to the time of his arrest. He had never been absent the whole night except on that one occasion.
Cross-examined. It was about a fortnight afterwards when I noticed the wound on his hand.
Detective-sergeant WARD , L Division. I know Miller and Harvey well. About eight p.m. on December 30 I saw them together in Waterloo Road. Next day I saw Miller alone in Waterloo Road and noticed that he walked with a limp and had a bandage round his left hand. I asked him what was the matter, and he said he had been
cleaning a window and fell through. I asked him where Harvey was and he said he had gone back to the infirmary. On February 16 I went with Sergeant Cornish to 22, West Square, and told prisoner he would be charged with the burglary and causing grievous bodily harm to the caretaker. He said, "You are mad." I said, "A man named Harvey is in custody and you are believed to have been concerned with him." He said, "Where is your evidence; Harvey will not say I am the man and you have got to prove it." On the way to the station he said about the scar on his hand, "People can get scars without committing burglary."
Cross-examined. I could not tell you when I had seen Harvey and Miller before December 30, but I fix that date because I had an inquiry at the Surrey Music Hall and I was on my way there when I saw them.
Sergeant HARVEY . I was present when prisoner was brought to Kennington Lane. I conveyed him from there to Wandsworth Common Police Station. On the way I said to him, "You know what you are in custody for?" he said, "Yes, and you have got a job to prove it." When charged he replied, "Well, what happens next?" On December 31 I visited 42, Eastcourt Road. The French window in the drawing-room had been broken from the inside and there was blood upon it. The catch of the kitchen window appeared to have been forced by a knife.
Cross-examined. I did not say to prisoner when charged, "Do you know Harvey?" and he did not reply, "Yes, worse luck." He did not say to me, "If you put me up for identification Harvey cannot identify me, he cannot say I am the man." He did not say, "His stating that I am the other man is not enough to get me convicted." Mrs.HART. Prior to my marriage in December I was a servant of Mrs. Ingpen, 42, Eastcourt Road, Battersea. I knew prisoner; he had been to the house on more than one occasion and I had been out with him. I left Mrs. Ingpen's service on December 21. I did not tell prisoner that, and, as far as I know, he thought I was still there.
Cross-examined. I am positive prisoner never saw Mr. Bolton at the house, but he has seen Mrs. Bolton there.
JAMES HARVEY . I am undergoing a sentence of five years' penal servitude in Chelmsford Gaol for burglary at 42, Eastcourt Road. I have known prisoner about six years. I was with him in Mrs. Millard's shop on afternoon of burglary. He told Mrs. Millard that we were both going to burgle a house at Barnes somewhere. In the first instance we were going to do it on the Thursday night, but we agreed to go on the Wednesday. He said he knew the house and the servant. I called at West Square for Miller and we left there about half-past 10 and walked to the house. We got there about 12" and waited in a shed in the next-door garden until the place was clear. We then got over the wall into the garden and got into the house through the kitchen window, which Miller opened with a knife. We took our boots off, Miller went into the front room and made a noise and then the caretaker came down. We saw we couldn't get out of the kitchen, so we ran into the scullery, but found the door
bolted. The caretaker in following into the scullery fell down the steps. He was not struck with a broom at all. We had a struggle, and in the struggle Miller left, leaving me with the caretaker. Soon after Miller left the caretaker's wife came into the scullery, and just after that two policemen came, and I was arrested.
Cross-examined. I struck the caretaker with my boot two or three times on the head. That was to try and make sure of him. I did not ask anybody to come to Chelmsford Gaol. Miller's arrest was nothing to do with me at all. I expect to serve my full sentence with the ordinary remission.
Sergeant YOUNG . I examined the premises; the French window was broken, the glass lying out on the garden side, and I noticed footsteps and a trail of blood across the garden to the fence and also a large dab of Wood on the fence. A man could have got out of the broken window.
Detective-sergeant BUTTERS , Y Division. Prisoner was sentenced at North London Sessions on November 20, 1906, to 15 months for stealing luggage from Paddington Station and a second indictment for stealing clothes from a doctor's house. On October 22, 1900, he was sentenced at Brighton Quarter Sessions to two months and one month for stealing boots; On. April 7, 1902, to three months at Marlborough Street for stealing clothing; on February 16, 1904, at Marlborough Street, to three separate six months for stealing overcoats and things in halls of houses.
Police-constable WARD . I have known prisoner for the past five years as an associate of criminals and have never known him to do any respectable work. When I searched (him I found three pawntickets relating to three rings, part of a number obtained by fraud at Dorking on February 11, and pawned by prisoner on the 12th, and there is a warrant out at Dorking, but they are not desirous of proceeding with it.
Sentence, Five years' penal servitude.
ADAMS, Albert (otherwise Davies), (20, labourer) ; between November 9, 1908, and January 22, 1909, unlawfully attempting to carnally know Doris Davies, a girl under the age of 13 years: on divers dates between January 1, 1909, and January 22, 1909, unlawfully attempting to carnally know Doris Davies, his sister, aged six years.
Mr. Bodkin and Mr. Travers Humphreys prosecuted.
(Friday, March 26.)
Verdict, Not guilty of carnal knowledge; Guilty of indecent assault and occasioning bodily harm. Sentence, 12 months' hard labour.
BEFORE JUDGE RENTOUL.
(Thursday, March 25.)
WALDOCK, Thomas (18) and DAY, George William (20, engine cleaner) pleaded Guilty of both forging and uttering, knowing the same to be forged, a certain order for the delivery of goods, to wit, one half-hundredweight of sheet lead, with intent to defraud George Herbert Cakebread and another; both obtaining by false pretences from William George Lanaway one half-hundredweight of sheet lead, from Frederick Henry Porch three sheets of zinc and one coil of lead piping, the goods in each case of the said George Herbert Cakebread and another, in each case with intent to defraud; both forging and uttering, knowing the same to be forged, a certain order for the delivery of goods, to wit, one coil of lead piping, and also an order for the delivery of goods, to wit, three sheets of zinc, with intent in each case to defraud the said George Herbert Cakebread and another.
Inspector JAMES CUNNINGHAM , Y Division, said that Day some time ago worked for the Great Northern Railway Company, but for some time past had done little or no work. The same applied to the other prisoner. The parents were very respectable people, and in the case of Waldock he was so indolent that his people had to turn him adrift.
Sentence, Waldock, two months' imprisonment, second division; Day, six months' imprisonment, second division.
DUMONT, Louis (40, manager), and MARVILLE, Gerard Edward, otherwise Gerard Edward Mettison (47, diamond dealer) ; both having received certain property, to wit, two bonds in the Belgian Rents of the goods of René du Bois, to apply the same for a certain purpose, did fraudulently convert the same to their, own use and benefit; both being the bailee of certain property, to wit, two bonds of the Belgian Rentes, the goods of Rene du Bois, did feloniously steal the same; both unlawfully conspiring together to cheat and defraud Rene du Bois and Jules Ber of. their goods and moneys; both unlawfully obtaining by false pretences from Rene du Bois certain valuable securities, to wit, two bonds of Belgian Rentes on February 4, 1909, and on January 13, 1909, the sum of £20, the moneys of Jules Ber, in each case with intent to defraud.
Mr. Leycester prosecuted; Mr. Forrest Fulton defended Mettison; Mr. Curtis Bennett defended Du Mont.
SAMUEL TURNER . I am steward of 6, Broad Street Place, the property of the London Properties Development Corporation. About December 3 or 5 Du Mont called and said they wanted a small office to carry on the business of share selling, or something of that kind. They took a sixth floor office on an agreement to pay £50 a year, quarterly, beginning December 25. The first quarter is due to-day. It has not been paid. They took possession of the premises. I saw them both there. There was also a clerk I knew by the name of George. I know Du Bois and Ber. The last time I saw George was
the day Mettison was arrested. They were in our house. I did not hear any conversation between them. The names up on the doors were Louis Du Mont, Gerard Mettison, the Franco-British Financier, the France-British Bank (in formation). The last two were on the same door.
Cross-examined. Du Mont gave some references which I acted upon. I reported to my principals and the agreement was entered into.
Louis JACQUET (through an interpreter). I keep a registry called the Swiss Registry, 210, Church Street, Kensington. I know the defendant Du Mont. I have been in England 27 years, I do not understand English. Du Mont called on me in January. He said he wanted three interested clerks in a bank, two ordinary. An interested clerk is one who would take an interest in the business. I told him I would put in some advertisements in the "Daily Telegraph." I put some in; they were in French. Du Bois and Ber called upon me. I sent them on to Du Mont. Du Mont did not pay me anything; I was to supply him with another clerk at the end of February without a guarantee, who was to speak English well. I sent one, but he did not speak English very nice. I did not send in an account.
Cross-examined by Mr. Curtis Bennett. I was to be paid 5 per cent, by the clerks upon the wages they, received.
Cross-examined by Mr. Forrest Fulton. I prepared the form of advertisement. I always make my advertisements in French. I have only seen Mettison once.
RENE DU BOIS , 21, Netherwood Road, Shepherd's Bush. I have been in England since January 1 this year. Before that I was in Ghent, a student in the university. I was in want of employment, and answered an advertisement requiring a deposit of £60. I saw Mr. Jacquet and had a conversation with him. He gave me a letter to Mr. Du Mont. I went to 6, Broad Street Place. I saw the clerk Ber, who introduced me to Mr. Du Mont, Mettison, and I think Mr. Thompson; there were three. Du Mont opened the letter, read it, and had a conversation with me. I told him I had been a medical student. Mettison said that had no connection with finance, but that it did not matter. He also said, "There is more money to be made here than in the medical branch." Our conversation was in French. Then we spoke about the security. I said I had not the money in cash, but I had it in Brussels in Belgian Rentes. Du Mont said he wanted the security at once. I said I could not get it for at least a fortnight. He asked for my bank book and I handed it over. He showed it to Mettison, and pointed out that I could not get the money for a month or two. He said it was too long to wait and I must give something else as security till my money came over. I said I had some jewels and he asked me to go home and bring them. I did. I asked why I was giving security. He said you will have valuables in your hands—shares. Mettison said £60 would be little enough in comparison with the lot of money I would have to handle. Du Mont told me I should have to travel about in France, Switzerland, and
Belgium buying and selling shares, see clients, and collect money. I was to have £1 a day expenses and second-class railway fare. My wages were to be £8 a month. I got my jewels back when I gave him the shares. I started at the office on January 25 and stayed there till the day he was arrested. In the beginning I used a typewriter; Mr. Du Mont showed me how to use it. I wrote a few circulars advising people to buy Rio Tintos, and addressed envelopes. The circular letters were handed to Du Mont. I do not know what was put in the envelopes. I did nothing else, and never went out. I never bought or sold any shares. I never saw any come to the office. I was paid £2 a week till February 22. According to our agreement he had to keep my bonds in his bank; he was not allowed to cash them. He said, "We will go together and put them in my bank." I did not ask to go with him. He was to cut out the coupons for the interest and pay it to me. I complained to the police two or three weeks before the arrest. One day I asked Du Mont to show me my security. He refused. My solicitor was there and my wife. He wanted 48 hours. He did not tell me he had sold them. I went to the police because he gave me a crossed cheque to pay my wages. The bank would not cash it, and told me I must get it made an open cheque. Then he said, "It is no use, we have no deposit in hand to pay you." Mr. Thompson went and put in £4 and at five o'clock I got it cashed. Until that day I had no suspicion. When I asked Du Mont to show me my shares Mettison was there. Du Mont asked his advice every time. I never saw any banking business carried on. I thought I was joining an honest business, banking and finance. I first knew my shares had been sold when I went to cash the cheque. They told me at the bank.
Cross-examined by Mr. Curtis Bennett. I knew from the advertisement I should have to give £60 deposit if I was accepted. The letter Du Mont wrote says, "As guarantee of the funds and stocks which may be entrusted to you, you will have to pay into my account £60." It means it is to be put in his safe or into his cash account as security. I was to have a month's notice and was to wait a month before I received back my money. The letter and the reply were both written by Du Mont. He asked me to copy his reply. That is the letter saying, "You will pay me the coupons," which means he had to hold the shares. When I first went there I knew nothing about English finance. Du Mont told me he would show me how to deal in shares. Du Mont showed me how to do any work I did. When Du Mont wanted the deposit at once I proposed to sell my bonds in Belgium and hand him the money. I do not know that my money is now ready for me to receive.
Cross-examined by Mr. Forrest Fulton. I should like to get either my bonds or £60 cash. When I went with my solicitor I expected to see my shares, nothing else. I did not know they were sold till the manager of the bank told me. I had a suspicion. All the correspondence between us was signed by Du Mont as manager of the firm. The cheque that I had difficulty about was signed by Mettison as well as Du Mont. It was Mettison who returned me my jewellery on February 24.
WILLIAM MINDENHALL , secretary, Investment Bank, Great Winchester Street, E. C. The two defendants and a man named Thompson had a joint account at our bank in the name of the Anglo-British Financier. I produce a correct copy of it. The account was opened so that two of them could draw. A customer of ours introduced Du Mont, and asked if he could put the Belgian bonds through his account. We suggested that, if it was for the benefit of the people he was introducing, they had better open an account in their own name. This was February 4 in the morning. I think he had the bonds with him. He wanted them sold. Du Mont, Mettison, and Thompson all came to sign the signature book and were there when the bonds were handed over. We were requested by Du Mont to sell them for cash, and took them to a broker's office. We were told it was all right, but we could not have a cheque that day. We advanced £30, and placed it to the credit of the account. Du Mont said they wanted £25 that day. The bonds realised £60 9s. The only other payments in were a payment of 5 s. on the 8th and £6 on the 17th. On the 8th they drew a cheque, which left a debit of 15 s. We telephoned them, and they sent a cheque to keep it in order. The only further operations upon the account have been four small cheques. There has been a balance to their credit since February 27 of 6 s.
JULES BER . I am a Frenchman, and have been in England eighteen months. When I saw the advertisement I was already in a situation. I went to the Swiss Registry and saw Mr. Jacquet. He took me to 6, Broad Street Place. We saw Du Mont, Marville, and Thompson. Jacquet told Du Mont I had come about making £20 deposit. I do not remember quite what was said. Du Mont told me he was satisfied with the reference of Mr. Jacquet, and that my business would be to receive people in the office who would bring shares. Du Mont asked me if I had £20 security for the situation. I said yes, and paid it in gold. I took the receipt (handed) for it. I was to have 30 s. a week wages. Mettison, Thompson, and Jacquet were there. Mettison did not speak to me. I started on January 21 and stayed there till the sheriffs came in on the day of the arrest. I had not been paid the last four weeks' wages. When they were arrested I had two and a half weeks owing. I did some circulars, typewriting, Roneo, a few letters, thousands of envelopes; that is all. Nobody ever brought in any shares. The only money I ever handled was 5 s., which was given me with an advertisement for the "Financial News" by Du Mont. I gave them notice because they could not pay me. The first time I was not paid Mettison said he went too late to the bank, and once he gave us a crossed cheque; they fold us the cheque was crossed and they could not pay us. We went back to the office, and (he put "By cash" on it, and we went back to the bank and got our wages. The next time he told me he was too late for the bank and would pay me Monday. On Monday he told me, "I shall pay you to-night," but at five o'clock Mr. Du Mont was out, and did not come back. He told me in the morning, "I shall try to get you something," but never.
Cross-examined by Mr. Curtis Bennett. I was paid my wages up to February 20. I gave notice that day. I had not received my wages regularly before then. I did not ask for the return of my money because I knew they were here. I did not know it was ready on the day it was due. I have not heard it is here. I went to Du Mont's brother last Monday; I did not say anything to him. Mr. Jacquet told me Mr. Du Mont wanted to speak to me and my companion about making an arrangement. I saw him, but he would not discuss the matter; he told me to go to the solicitor. That was two days after the money was due. I was never offered the money. I was not told the solicitor's address.
Detective FREDERICK WISE , City Police. On March 10 I arrested Du Mont in Bloomfield Street on a warrant in respect of Du Boiss case. I read the warrant to him. He said, "I do not understand it; it must be a mistake; he is not entitled to the money before the 23rd of this month." I took him to the station. He made no reply when charged. I went next day to 6, Broad Street Place. Upon the outer door were the names "Franco British Financier," "Franco British Bank (in formation)," and "L. Du Mont"; on the other doer was "Private" and "Mettison." The rooms communicate with one another inside. I took charge of a number of ¡books and documents. There was part of a cheque book on the Investment Bank of London; there was no other cheque book or any traces of any other banking account. There was a paying-in book of the same bank and a banker's cash receipt book. Only three counterfoils had been filled" in. There were five letter books. The letters were in French. I do not know if they refer to the business carried on. There was a call book, a diary, and an order book. I did not discover any books relating to buying and selling shares, or to. banking business. There were no ledgers, cash books, or books of that kind. Exhibit 13 is a duplicate list of the things I found. I arrested Mettison en March) 12 on a warrant in the same matter. I told him I was a police officer, and finding he did not understand English he was taken to the station. He gave his name and address as Gerard Edward Merville, 33, De Laune Street, Kensington. I found upon some sheets of note-paper, "Peter Morgan, Foreign Banker, Wormwood Street. "I afterwards searched the address given by Du Mont, 51, Whitfield Street. I found there a letter book, memorandum book, paying-in book, of Farrow's Bank in the name of Montgomery. In these books there is no trace of a stock and share business or of a banking business. I found no such traces at 33, De Laune Street. I found on Mettison a memorandum relating to the £20 paid by Ber, a writ for £30 2 s. by the Empire Typewriter Company against the Franco-British Financier, and 20 pawntickets; on Du Mont 16 pawntickets. The pawntickets extend from December, 1907, to March, 1909. They are for very small amounts, the biggest being £1 5 s. The address of most of them is 33, De Laune Street.
Cross-examined by Mr. Curtis Bennett. I found a good many envelopes at 6, Broad Street Place, addressed to Franco-British Financier and Gerard Mettison.
ANGELO FORT , 51, Whitfield Street, Tottenham Court Road. Du Mont occupied one room in my house for a year. He paid 12 s. a week rent. It is a furnished bedroom. He owes me £5 7 s. rent. He gave as a reason for not paying that business was slow; he said that about three weeks ago. Sometimes he gave me 2 s. 6 d. sometimes 10 s., and sometimes 5 s. He has been getting in arrear about two months. Cross-examined. He paid regularly for 10 months.
HENRY BRUCE MILLS , 33, De Laune Street, Kensington. Mettison lodged at my house since last May. He had one bed-sitting room and paid 6 s. a week. He was in arrear till last Thursday week; then I got 10 s. off 18 s. he owed for three weeks' rent. He has been in arrear off and on ever since he has been there. He never told me what he was. He has many names, and one of them is Morgan.
JOHN GURR , sheriff's officer, City of London. On March 1 I levied an execution at the office of the Franco-British Financier for £60 7 s. 9 d. under a fi. fa. in an action by the Salisbury Supply Company against the Franco-British Financier. The date of the judgment was March 1, I think. There were no other books there except those which have been produced by the police. I remained there till March 10, when the goods were sold by auction.
(Friday, March 26.)
It was stated that prisoners had repaid the amount of £80 obtained by fraud and had indemnified the prosecutors against loss.
Sentence, each prisoner, Six months' hard labour; certified for expulsion under the Aliens Act.
BEFORE THE RECORDER.
(Friday, March 26.)
COLLS, George (40, agent), and TWEEDLE, James (49, agent) ; both 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 £12, with intent to defraud; Colls forging and uttering a certain order for the delivery of goods, to wit, an order for the delivery of a certain cheque book, with intent to defraud.
Mr. Graham-Campbell and Mr. A. S. Carr appeared for the prosecution; Mr. Curtis Bennett defended Colls; Mr. Simmons defended Tweedle.
ERNEST KEMP STEADMAN , clerk to Messrs. Sowerbutts and Co., 32, Tooley Street. I know Mr. Robert Hunter, who carries on business at the same premises as Mr. Sowerbutts. On Wednesday, Febmary 24, prisoner Colls came in bringing a letter for Mr. Hunter.
I told him Mr. Hunter would be back in about an hour and a half. He said he would come back then for a reply. When Mr. Hunter came in I gave him the letter. He wrote a reply and left it with me Colls came back between half-past four and five and said he had been delayed. He had been over the bridge and had forgotten about it. I gave him the letter. On March 2 I picked out Colls at the police station.
Cross-examined by Mr. Curtis Bennett. I have been in the office three years. It is a busy office; we have plenty to do. A number of people come in and go out. I should say I attend to the greater part of the people who come in, but not to everybody. I am sure it was February 24 that the man came in and handed me the letter. I am in the habit of scrutinising fairly closely people who come into our place. I went to the police station on March 2 with one of the detectives, Wise.
Re-examined. I have not the slightest doubt about Colls being the man who came in.
ROBERT HUNTER , provision agent, 32, Tooley Street. I work in conjunction with Messrs. Sowerbutts and Co. Steadman is employed as cashier. I remember him handing me a letter on February 24. The letter purported to be written by a gentleman named Dunlop, of 10, Miles Lane, Cannon Street, who had a relative who was going out to Australia, and asked my advice as to the parts he should visit. It is a fact that I resided in Australia for five and a half years. I have a friend out there named Wallace. I have known prisoner Tweedie for seven years. I returned from Australia in 1900, but went out again and returned finally in 1905. I had seen Tweedle about four months previously to February 24, and before that not for about a twelvemonth. Having received the letter I immediately replied to it, and left it with the last witness. I have an account at Parr's Bank, 4, Bartholomew Lane. The order for a cheque book (produced) is not signed by me, nor by my authority. It purports to be signed by me and the "R" certainly resembles my writing. The cheque (produced) signed "R. Hunter" is not signed by me nor by my authority. It is a forge ry. I do not know anyone of the name of "G. W." or "J. W. Robertson."
Cross-examined by Mr. Simmons. I know nothing of Tweedle in connection with this except that he is charged. I knew he had been at Dent, Allcroft's, the glove people. I think he was salesman there. I had never heard a breath of suspicion against him and so far as I know he has always been an honest and respectable man.
Dr. EMIL JOHN FRANK HARDENBERG , registered medical practitioner, gave evidence that he was attending Mr. Samuel Plumber Carter, clerk in Parr's Bank, who was suffering from laryngitis and bronchial catarrh as the result of a chill, and was unable to leave the house.
Detective FREDERICK WISE , City. I was present in court at the Mansion House on the day when Samuel Plumber Carter gave evidence and was cross-examined in the presence of both prisoners. I produce the deposition.
The deposition was then read. It stated that on February 25, between 12 and one, a man (afterwards identified as prisoner Colls) brought to the witness a closed enevelope. Witness said, "This is not addressed to anyone. What does it contain?" The man answered, "I do not know." Witness gave him back the envelope, and said he must get it addressed. He went away, and came back in a quarter of an hour with the same envelope, addressed "Parr's Bank," and he then referred him to the manager's room. On March 1 he picked out Colls from a number of other men at the station as the man who had brought the envelope.
Detective WISE, further examined. On March 1, about half-past four, I was at Liverpool Street Station with Detective-constable Amos and Mr. Sims, the proprietor of the "Grapes" public-house. I there saw the two prisoners. In consequence of a communication made to me by Mr. Sims, I went up to the two prisoners. I said to them, "I am a police officer. I am going to arrest you for forging and uttering a cheque on Parr's Bank for £12 on February 26." Colls said, "What, me?" Tweedie said, "Yes. I then took them to Cloak Lane Police Station. On the way Tweedie said, "I gave him the cheque (meaning Mr. Sims)) but I did not get any money." At the station they were picked out by three officials of Parr's Bank. They were charged, and they made no reply. They were then searched. On Colls 10 pawntickets-were found, and on Tweedie 33 pawntickets and a judgment summons of the City of London Court. I have made inquiries at 10, Miles Lane, Canmon Street, which is a warehouse, but could find no one answering to the name of "Thomas W. Dunlop."
Cross-examined by Mr. Curtis Bennett. I have made inquiries about Colls, and find that he was for 17 years employed by Dr. Blythe, solicitor, of Norwich, and during that time he bore the highest possible character. He left in 1899 to go upon the staff of Messrs. Ballard and Sons, brewers, Norwich, in whose employment he remained for five or six years, and there he also 'bore an excellent character. He left there for the purpose, as he thought of bettering himself, and came to London, and during the three or four years he has been in London no charge of dishonesty has ever been made against him. He is a married man and has one child.
Cross-examined by Mr. Simmons. I have also made inquiries about Tweedie. I do not know that he was for some time a commission agent in Scotland. I believe he had there a breakdown in health and subsequently came to England and obtained employment as salesman with Messrs. Dent, Allcroft, and Co., of Wood Street. He then bought an option to take a public-house and restaurant in Milk Street. He was in the restaurant business for about five or six months. Since then he has been getting orders on commission, so far as I can ascertain. With regard to the pawntickets, I find that he has been. chiefly pawning articles of clothing and his wife's jewellery. The judgment summons is in respect of a suit of clothes costing £4 18s.
CHARLES JAMES PROWSE , chief clerk, Parr's Bank, Bartholomew Lane. On February 25 I saw prisoner Colls at the bank. He handed me a letter, which I opened. It contained an order for a chequebook signed, "R. Hunter," a customer of the bank. I handed him a closed envelope, with, presumably, the cheque-book inside. I received the envelope from Mr. Hunt, one of our cashiers. On March 1 I went to Cloak Lane Police Station and picked out Colls as the man I had seen at the bank.
Cross-examined by Mr. Curtis Bennett. I noticed there was a slight discrepancy in the signature to the order for the cheque book and I made some remark to Colls to the effect that it was not Mr. Hunter's usual signature. Colls then said he was not aware of what was in the letter. He did not say that he had never seen either Mr. Hunter's writing or his signature.
WILLIAM GOWER HUNT , cashier, Parr's Bank, spoke to receiving the order from the last witness, enclosing a cheque book in an envelope and handing it to him. It contained 25 cheques, Nos. A. J. 27726 to 27750. The cheque produced A. J. 27732 was one of them and was filled in for £12. The cheque was returned through the Clearing House to the London, and South-Western Bank, marked "Signature different." Witness also spoke to identifying Colls at Cloak Lane Police Station on March 1.
WILLIAM HERBERT SIMS , proprietor, "Grapes" public-house, Lime Street. I know prisoners. I saw them in my public-house three or four days previously to February 26. On that day Tweedie came in and asked me to oblige him by changing a cheque. I told him I was not in the habit of changing cheques for anyone. He said that a friend across the way generally obliged him, butt as he was cut would I do it. I asked to see the cheque and he showed it to me.
I turned it over and said to him, "Is this your endorsement?" He said, "Yes." I said I would put it through my bank and let him know in a couple of days. Then he asked if I would oblige him by having it specially cleared. I told Mm Í could not do that as my bank was a branch of the London and South-Western, not the head office. Ultimately I agreed to get it specially cleared. He did not come back on the afternoon of the 26th and I next saw him at Liverpool Street Station. Colls came on the 26th about 4.30 and asked for his friend. He came in, I should think, between nine and times, but Tweedie did not turn up. On the last occasion he said, "Did not he leave you a cheque this morning?" I said, "Yes, I think I had better go round to the bank and see if it is cleared." He said, "I will go round with you." We went round to the bank and he said, "I will wait outside." I went into the bank but did not get the money. When I came out Colls had gone. When I got back to the "Grapes" I saw Colls standing at the corner of Lime Street. He came across to me and asked me if I had got the money. I said, "No, the signature differed." He then said, "Will you tell my friend that when he comes?" On March 1 I went to Liverpool Street Station with Wise and Amos and pointed out Colls.
Cross-examined by Mr. Curtis Bennettt. When Colls came in the
second time he asked if Tweedie had been there and I told him no. I didn't say I expected him. I didn't tell him Tweedie had given me a cheque which he wanted cashed till he put the question to me. I ran back from the bank as fast as I could because I thought perhaps he might get the money from my wife. As a matter of fact, he was waiting for me exactly opposite my house.
Cross-examined by Mr. Simmons. I am sure I asked Tweedie whether the endorsement was his. I had known him three or four days. Half-past 12 is a busy time with me as I am occupied with my luncheons. I didn't know his name, but I thought he was Robertson, as that was the endorsement on the cheque and he said the endorsement was his. Tweedie said he didn't want any money until the cheque was cleared. He didn't say he wanted the cheque cashed for a friend.
FREDERICK HERBERT STEWARD , manager of the Scottish National Key Register, said he had known prisoner Colls for about 15 years, and had known him when he was employed by Dr. Blythe at Norwich. He had always borne an excellent character.
GEORGE COLLS (prisoner, on oath). Until the present time there has been no charge of dishonesty against me. During the three or four years since I came to London to better myself I have been doing work of a general character, collecting debts, just anything that would come along. I have been married about two years and have one child. It is not true that on February 24 I went to 32, Tooley Street, with a letter. I have never been to Tooley Street, and had no idea that anybody of the name' of Hunter lived there. I do know a Mr. Hunter. On February 25 I met prisoner Tweedie at the "Grapes" public-house. I had known Tweedie for a number of years. I saw him in Leadenhall Market at 11 o'clock, and I left him there to go to Sims's place. From there we went to the "Railway Tavern," Liverpool Street, which is a house which is used considerably by people coming up from the Eastern Counties. There I met Mr. Hunter; not the Mr. Hunter who has given evidence to-day; I have never seen that gentleman in my life. I had known Mr. Hunter since last October. I have done business with him on one occasion; I drafted an agreement for the sale and purchase of a house. I have met him on several occasions since October. When I met him in the "Railway Tavern," on February 25, he asked me if I would be good enough', as he was in a great hurry, to leave a letter at Parr's Bank for him. I said I would and was eventually handed a closed envelope by the chief clerk. The letter when he first gave it to me was not addressed. I took it back to him to be addressed and met him outside Cannon Street and he directed it in the fish shop next to Cannon Street Station. There were three others with him. Then I returned to Bartholomew Lane, and, having got the envelope with the enclosure, I returned with it to Mr. Hunter in Cannon Street; he put it in
his pocket and thanked me. We had some refreshments in a public-house, the sign of which I do not know. He gave me half a crown for taking the message, and I was to see him the following day at the same place. I kept the appointment on the 26th. Hunter was not there, but I saw a man who had been with him the day before, whose name I found to be Robertson. Robertson gave me the cheque, which is the subject of this charge, and asked me to get cash for it. It was a crossed cheque, and he asked me if I knew anybody who had a banking account, who would pass it through. I took the cheque, and, going towards Liverpool Street, I met Mr. Tweedie. I asked him if he knew where he could get the cheque cashed. I told him I didn't myself know many people in London, and it was arranged that Tweedie should get it cashed for me if possible. The cheque then went out of my possession, and from that time I did not see it again until I saw it at the police court. I arranged to meet Tweedie again about half-past four at the "Grapes" public-house, and went there accordingly, but did not find him there. I went in about three times altogether, I think. I then went with Mr. Sims to the bank as he has described. Coming back from the "Grapes" I met Tweedie in Cannon Street by accident and had some conversation with him as to the cheque. On the following day, February 27, I was not in London; I was in Wimbledon. I live at Putney. On the following Monday March 1, I was again in London, and endeavoured to find Robertson, but I could find neither him nor Hunter. Except during the time that I carried the envelope from the bank to Cannon Street, I never had the cheque book in my possession. When this cheque was given to me I had no idea that it was forged. I hadn't the slightest idea but that everything was all in order. I swear that the cheque is not in my handwriting, nor the endorsement.
Cross-examined. Until I was at the police court I had never seen the letter purporting to be signed by Mr. Dunlop. On the morning of Wednesday, February 24, I was in the vicinity of Liverpool Street. I was expecting some friends up from Ilford. As they didn't turn up I went back to Wormwood Street to the Broad Street restaurant. I saw two or three people there that I knew, but I couldn't tell you their names. From Wormwood Street I went along Cheapside to Fleet Street. On the way I met a friend named Thomas. He is not here to-day. I have taken no steps to secure his attendance. I do not know where he lives. Then I returned to Liverpool Street again, expecting to see my friends. My wife came from Ilford, and later on she was at the station when I got there. I do not know Mr. Hunter's address, but I have tried to find him. I have not told the police where I was on February 24. I appreciate that it is of great importance to show where I was on that day. I had several times seen Mr. Robertson in the company of Hunter. I know several people whose addresses I could not give you.
Prisoner was asked to sit at a table and write various words and sentences, and Mr. Graham-Campbell pointed out resemblances between the handwriting of the prisoner and the writing of the forged documents.
JAMES TWEEDIE (prisoner, on oath). I came to England from Scotland 12 or 13 years ago. I had been ill and came up here to see if I could better myself. I got employment at Dent, Allcrofts, and was there eight or nine years. Then I went to the City Restaurant in Milk Street. I had an option of purchase on that, but was not able to take the option up. I first knew Colls about 20 years ago. On February 24 I met him in Leadenhall Market, and after speaking together for a minute or two we went into the "Grapes." On the following day (Friday) I met him in Bishopsgate Street, and, after talking business for some time, he asked me if I could get a cheque through for him. The reason he gave was that he did not know many people and I knew a good many people about the City and would I oblige him. He knew I had been in trade. He then gave me a crossed cheque on Parr's Bank purporting to be signed by Mr. R. Hunter. I have no doubt that the cheque produced is the same cheque. I took it to Mr. Sims and asked him if he would put it through his bank. I told him I did not want any money until the cheque was cleared. He looked at it, and said it would take three days to clear. Then I asked him if he would oblige me by getting a special clearance. He told me his banking account was kept somewhere in the Strand, and that he paid into a branch close at hand. I left the cheque with him, and said I was coming back a little after four o'clock. I did not return because I was busy, and about six o'clock I met Mr. Colls at the crossing by the Monument. He told me he had been to the "Grapes" once or twice looking for me, and that Mr. Sims had mentioned to him that he was putting a cheque through for me, and that the last time he went in Sims had said that the cheque was a wrong one and had been obtained by fraud. He said he had to meet the friend (Robertson) that gave it to him about, six o'clock at Cannon Street, and I said, "I will go down with you, because it is a very serious thing for us both." We went there, and waited for about an hour, but no one turned up. On the Monday, March 1, I met Colls at Liverpool Street Station about four o'clock, and the police were there waiting for us. I did not tell Sims that the endorsement on the cheque was mine. I said it was endorsed all right, but "Robertson" was not my name.
Cross-examined. Colls and I had known one another some considerable time. Colls did not know where I was going to get this cheque cashed. I told Sims I wanted the money that night, and that was why I suggested a special clearance.
Prisoner was asked to write the words "Cuthbertson, "Robins," "P. W. Robertson," and "J. H. Robertson," and Mr. GrahamCampbell pointed out resemblances to the writing of the forged documents. Verdict, both prisoners Guilty, with a recommendation to mercy. The Recorder. They seem to have been very hard up; that is about the long and the short of it.
Detective WISE (recalled) stated that Tweedie was discharged from Dent, Allcroft's for business irregularities, but the manager would not tell him. anything more than that. He was discharge without notice for selling goods under cost price. During the last three or four years he had been buying and selling things on commission. Within the last fortnight he had seen both prisoners in company with members of a gang of notorious long-firm swindlers.
The Recorder observed that prisoners were in possession of a cheque-boot from Parr's Bank containing 24 cheques, and the bank would probably be very glad to have it back. He would therefore postpone sentence till the first day of next Sessions in order to enable the prisoners to give information, and would be influenced in passing sentence by the information which should then be given to him.
BEFORE JUDGE RENTOUL.
(Friday, March 26.)
BARDEN, Frank Henry (30, clerk) ; at the parish of Saint Martin-in-the-Fields, in the said county and district, and within the jurisdiction of the Central Criminal Court, he, being a clerk, did unlawfully, wilfully and with intent to defraud, make, and concur in making divers false entries in certain documents which belonged to his employer, His Majesty's Secretary of State for War, to wit, on or about June 19, 1908, on or about October 2, 1908, on or about October 16, 1908, on or about October 26, 1908, on or about November 6, 1908, on or about January 1, 1909, in each case a false entry in a document called the London Recruiting District Daily Receipt and Expenditure Book; on or about October 2, 1908, on or about October 5, 1908, on or about October 12, 1908, on or about October 15, 1908, on or about October 16, 1908, on or about October 22, 1906, a false entry in a document called Army Form B. 100 in each case; and on or about October 31, 1908, seven false entries in a document called Army Form N. 1512, Pay and Allowances of Recruits.
Mr. Muir, Mr. Leycester, and Mr. Trevor Bigham prosecuted; Mr. Purcell defended.
HENRY ALFRED WALSH , Colonel, Chief Recruiting Staff Officer of the London Recruiting Area. I have been stationed at St. George's Barracks for 4 1/2 years past, during which time prisoner has been under me as civilian pay clerk. It was his duty to pay wages of non-commissioned officers and men of the recruiting staff, who were paid on Friday, and also the wages and allowances for recruits, daily during the time they are at the barracks. I am supplied with money by the chief accountant, which is paid into my account at the Regent's Street branch of the London and South-Western Bank. Cheques were given to prisoner by me each day—from £5 to £20 on an ordinary day, and from £60 to £70 on Fridays, when the staff are paid. Prisoner would tell me what was wanted; I would give him a cheque, which he would enter in the daily receipt and expenditure book, which
was balanced each day and which contained entries of all payments under different columns. "Pay of parties" column contains pay of recruiting sergeants, civilian clerks, such as the prisoner, labourers, and certain recruiting awards. I usually pay a number of the staff myself on Fridays, but I inspect the recruiting depots through Great Britain, and when away an officer pays the staff, etc., according to the entry in the book, with the assistance of the prisoner. On June 19, 1908, the daily expenditure book shows a balance of £17 9s. 2 1/2 d., and a cheque for £66. Under "Pay of parties" is entered £56 8s. 7d., leaving a balance of £16 15s. 3 1/2 d. at the end of the day. The staff pay-book (produced) containing that day's payments shows a total of £55 8s. 7d., or £1 less than is entered in the daily receipt and expenditure book. On October 2, 1908, there is "Pay of parties, £65 7s. 7d." Staff pay book contains, on September 30, £33 2s. 8d., and on October 2, £30 14s. 11d., making for the week £63 17s. 7d., or £2 less than is charged. The next week is correctly entered. On October 16, in the daily receipt and expenditure book, under "Pay of parties" is entered £61 15s. 7d.; in the staff pay book there is only £60 15s. 7d., being a difference of £1. On October 26 is an entry of £1. Under "Pay of parties" in daily receipt and expenditure book there is no corresponding entry in the staff pay book. The week ending October 23 is correct. On October 26 is an entry in daily receipt and expenditure book under "Pay of parties" of £1. There is no corresponding entry in the other book. The total at the end of the week £60 11s. 1d. is the same in both books. In the week to November 6, the daily receipt and expenditure book has "Pay of parties, £52 2s. 6d"; the total in the staff pay book is only £50 2s. 6d., showing a difference of £2. On January 1, 1909, in the daily receipt and expenditure book there is "Pay of parties, £46 5s. 8 1/2 d."; staff pay book shows two payments—December 31, £21 15s. 3d., and January 1, £22 10s. 5 1/2 d., making a total of £44 5s. 8 1/2 d.—a difference of £2. I produce a list containing 24 inaccurate entries of the same kind, extending from May, 1908, to January, 1909, and making a total deficit of £41 15s. 10d. All those are similar to the six which I have given and which constitute the six counts in the indictment. My accounts are examined monthly in the office of the chief accountant, to whom I produce receipts from the members of the staff for the amount of wages during the month, which are signed in addition-to the signature put in the book every week. Recruits enlisted in London are sent to St. George's Barracks and generally stay there a few days before being sent on to their regiments, during which time they are entitled to 1s. a day pay, 6d. a day for dinner, and sometimes 3d. a day for mess allowance, which payments are made by prisoner. The dinner is given by a token which they produce to Lipton's, and the cash for which is paid to Lipton's by prisoner. When the recruit is approved Form B. 100 is filled up. It is divided into two portions called the counterfoil and the voucher: which are signed by the officer on. duty. They are filled up partly by the clerks in the inquiry office and partly by the
pay clerk—(the prisoner)—and sent to the officer commanding the ✗ which the recruit is joining; that officer makes additional entries, the voucher is returned to St. George's Barracks, and is my voucher for the amount paid to the recruit; the officer commanding the unit forwards the counterfoil to the Accountant-General. Form B 100 produced has reference to a recruit named L. R. Conan, who was attested on ¡September 28, 1908, as finally approved, by Captain Lynn, as recruiting staff officer for the Royal Fusiliers Special Reserve. It contains an entry for pay 1s. 3d. and ration allowance 6d. a day to and for October 2, being four days, amounting to 7s., in the handwriting of prisoner and signed by me. The voucher part of the document is also in handwriting of prisoner, and is signed by the acting officer, and sets out that L. R. Conan was attested September 28, and was paid up to and for October 5, 1908, being three days more than is shown on the counterfoil signed by me, amounting to a difference of 5s. 3d. That is the only inaccurate voucher approved by me. In January, 1909, I was informed of the inaccuracies in prisoner's accounts. I was present when Mr. Askham, the chief accountant, spoke to prisoner about inaccuracies in the pay of parties. Prisoner said that he was very much over worked, and that they were mistakes due to extreme overwork. Mr. Askham said that was no excuse—it might be a very good excuse if there were only one or two, but it could not be accepted as the excuse for such a large number of excess charges.
Cross-examined. Prisoner's duties began at 7.30 a.m. with the payment of recruis leaving that day. There might be 50 or more—as many as 80 or 90 in a day. He has to keep the daily receipt and expenditure book containing 17 different columns; the staff pay book with 17 columns; the accounts of the sergeants' mess; the recruis' pay and allowance book, with 18 columns, made up from the attestation forms and filled up from Form B. 100. He fills the date on the form B. 100; such forms are sent up to him by the military clerks for him to fill he date in on which the recruit is leaving. The form is then separated and sent up in two bundles containing the vouchers and counterfoils. At the time prisoner fills the date in the voucher the counterfoil is away with the commanding officer of the unit. In the morning he brings the expenditure book to me; I sign the last column; give him a cheque which he cashes at the bank; he then attends the marching recruits, perhaps 50 a day, and takes their signature for the pay they have had. In October he has to send in estimates for the amount of money required in the ensuing year for the various stations in the London recruiting area. I cannot say if he is at work till 10 or 11 at night—he may be. His pay is 31s. a week, of which 3s. is deducted for the rent of his room. He also keeps the canteen account—that would mean six or twelve entries a month, a part of which is the emergency account. He also keeps the library account and the advertising account. He has often complained to me that he was overworked. I recognised that it was so, and endeavoured to get (him additional pay. The MajorGeneral commanding the London district suggested that an officer
should take the responsibility of paying the staff. I tried the experiment, and I found it could not be done. I explained it to the Assistant Adjutant-General at the office of the Director-General of the War Office and to the General Officer commanding the London district, and after a conversation with him I discontinued it. It was found inconvenient as the officer had not time. On October 26 a labourer named Wilkin was discharged for drunkenness, and I believe I ordered prisoner to pay him a week's pay in lieu of notice—£1, receipt for which he would have from Wilkin, and which should be entered under "Pay of Parties." Similar payments would be entered in the same way. Wilkin's name should appear in the Staff Pay Book. (Book produced containing the entry.) I think in November a sergeants' mess waiter was dismissed and paid a week's wages in lieu of notice—I am not sure. Prisoner would pay allowances for fuel and light to out-station Recruiting Sergeants upon my order or as a usual thing. He would receive vouchers for such payments, which would go to the accountant's department and be entered, in the staff pay book. The payment of the sergeants' mess waiter would not appear in the staff pay book—it would be irregular to put it under Payment of Parties. I saw the Receipts and Expenditure Book, and in signing it ascertained that the balance was correct. I sometimes authorised prisoner to make small payments out of the Emergency Account or the Advertisement Account—they would be accounted for under advertisements or canteen. In addition to the voucher form B 100, a large number of yellow receipts are produced. They are specimens of the monthly receipts from members of the staff—they are all from civilian clerks, pensioners, and other members of the staff. Special payments might be made in the week and accounted for on the Friday. The canteen does not receive money. Lipton's pay annually for the privilege of keeping the canteen. No proceeds are handed to me or to the prisoner. Prisoner might pay small sums for articles supplied to the Sergeants Mess—I receive through him about £1 to 30s. a day from the Sergeant Mess, which is put in the safe, and out of which certain disbursements are made; this does not go into the Daily Receipt and Expenditure Book, nor is it accounted for to the Accountant-General. The sergeant-major would hand the cash takings of the Sergeants' Mess to prisoner, which he would place in my safe. Prisoner had an assistant pay clerk. (To the Judge.) If prisoner defrauded anybody it was-not the men but the Government. (To Mr. Purcell.) Prisoner tad to fill in the date of the counterfoil without the voucher being before him. The date ought to have been filled in before the counterfoil was sent away. The day after Mr. Askham spoke to prisoner he may have told me, "With regard to the discrepancy between the Payment of Parties and the Staff Pay Book, it is due to particular sums paid by your orders"—he did make some sort of explanation, but I cannot remember what it was; it was not satisfactory to me. I was ill at the time, and do not remember exactly what it was.
Re-examined. The Sergeants' Mess account I think is in the handwriting of the sergeant-major—it is not the prisoner's from June, 1908, to January, 1909. The account is very small, the month occupying a page. The receipts from the sergeant-major in respect to the Sergeants' Mess had nothing whatever to do with the daily cheque I gave prisoner which is the only money prisoner would handle on behalf of the Government. There are a few entries under the head of Emergency—November 4, 9d.; November 9, 1s. 6d., and similar items. The work he did was divided between two persons. It 19 now being done by Fry, I believe, in about eight ours a day. The entry to Wilkin appears in the book—it is not signed for. A voucher should be taken for such a payment, and it would be included in the week's account.
L. R. CONAN, JOHN CAREY, REUBEN HENRY PURCELL, SAMUEL FREDERICK DRUMMOND, JOHN EDWARD MAXFIELD, EDWARD WILLIAMS , and STANLEY PERCIVAL HERBERT , recruits, swore to having been entitled to and received the smaller payments only, shown in the Staff Pay Book and explained by the last witness.
ARTHUR STANSFIELD PEEBLES , captain, Suffolk Regiment, and officer of the recruiting staff at St. George's Barracks under Colonel Walsh. I have been at St. George's Barracks nearly four years, and have signed Army Form B. 100; they were generally put before me by prisoner, the voucher and counterfoil being in separate bundles. Voucher and counterfoil produced refer to Carey, and are signed by me. The counterfoil correctly shows that Carey was attested on October 2, paid 1s. 9d. a day to October 5; dates are in prisoner's writing. The voucher shows that the same recruit is "paid up to and for October 7, 1908," the date "October 7, 1908," being in prisoner's handwriting—the voucher representing two days' more pay than the counterfoil. Voucher and counterfoil for the recruit Purcell are signed by me, the counterfoil correctly stating that Purcell was attested on October 9, and paid 1s. 9d. a day up to and for October 12, the date being in prisoner's writing. The voucher shows in prisoner's writing that he was paid up to and for October 14—two days in excess. Voucher and counterfoil for Drummond similarly in prisoner's handwriting, gives three days' extra pay in the voucher. Voucher and counterfoil for Maxfield, signed by me, show correctly that Maxfield was attested on 12th and paid four days up to the 15th; the voucher, also in handwriting of prisoner, shows that he was paid to the 17th—two days in excess. Similarly, voucher and counterfoil for Williams show in the counterfoil four days' pay, in the voucher seven days' pay—three days in excess. In the case of the recruit Herbert, the counterfoil is signed by me, and correctly states that Herbert was attested on October 19 and paid 1s. 6d. a day up to and for October 22. The voucher is signed by Captain Wilmot and shows that the recruit was paid up to and for October 24—two days in excess.
Cross-examined. On the counterfoil, with regard to the recruit Purcell, there is an indiarubber stamp dated October 13 under my signature. The voucher is stamped October 12 under my signature.
That shows that I signed one on October 12 and the other on October 13. Other vouchers and counterfoils have similar differences. The voucher has more than one signature; they would be signed on different dates. No. 3 certificate on the voucher would be signed before the form is divided. (To the Judge.) There may have been some laxity in comparing the two documents. The recruit was not always finally approved by the same officer who attested him. We do sometimes sign the form before the figures are filled in. On exhibit (produced) I am signing on October 9 that something done on October 14 is correct. (To Mr. Purcell.) When No. 1 certificate is signed it remains with the recruit's documents until his character comes in, upon which No. 3 certificate is signed—that certificate has nothing to do with the prisoner. The form would then be divided in the pay office. When Í sign the vouchers they come in with the counterfoils in two bundles laid cross-wise. The recruit may be delayed in going off to his unit through being attended by the dentist. Then if the man's character was not satisfactory he would be paid up to the date he leaves. I have never detected any errors in the documents, but I did not compare the vouchers with the counterfoils. Prisoner has complained to me of the long hours he had to work. I do not know to what time he worked—I have never been in St. George's Barracks at 11 p.m. I was ordered to see the recruits paid and did so for a few days. I do not know that men are recruited on Sundays. A man could not be attested on Sundays. He would be told to come on Monday.
Re-examined. The recruit Purcell was attested by me on October 9. I then signed certificate No. 1. When the recruit is finally approved I may be on foreign service or away, and another officer would have to sign certificate No. 3. My signature to certificate No. 1 says that the recruit has been attested and that the sum of 1s. 6d. a day is admissible as a recruiting reward—we are ordered to sign the form for the purpose of showing that the payment is admissible. Certificate No. 3 is signed after the man's character has been approved. The dentist would not see him till after final approval, and he may then be detained in barracks a day or more for that purpose. The date following "Paid up to and for" would have to be filled in on the last day he was in barracks, or a day or more after he left. Prisoner filled in the answer to Question 10. He could not have filled that in when I signed certificates No. 1 or No. 3. I had no check upon him, because it was filled in after I signed certificate No. 3. In the counterfoil the dates are actually filled in before I sign and are correct. I could not say whether the stamp "London District, St. George's Barracks," and the date, was impressed before or after I put my signature. I did not use the stamp—I believe it is kept in the pay office. (To Mr. Purcell.) Apart from the stamp there is no date. I do not think the date stamp is of any importance—I simply sign that the man has been paid up to and for October 12—it does not make the least difference whether I sign on October 12 or 14. I could not say whether the stamp was on this particular document when I signed.
EDWARD THOMAS SAMUEL , Staff Quartermaster-Sergeant, Army Pay Corps, the Horse Guards. It is part of my duty to assist in the monthly examination of the account of the recruiting department of St. George's' Barracks, and I did so last October under Mr. Barkham, assistant accountant. In Exhibit 24, "Recruiting payments" are entries of all moneys paid to recruits during October. Conan is entered as having received pay and allowance from September 28 to October 5, being eight days at 1s. 9d. a day—14s. That amount agrees with voucher (produced), which was also put before me. J. Carey is entered as having received 10s. 6d., Purcell 10s. 6d., Drummond 9s., Maxfield 10s. 6d., Herbert 9s. Vouchers produced all contain the same entry for the same dates and amounts. Payments of the staff are vouched by separate receipts from each member of the staff for the month.
Cross-examined. I never saw the daily receipt and expenditure book—it has nothing to do with me. Before entering the Army I had no commercial training as an accountant. In my monthly examination of Colonel Walsh's account, all I examined were the vouchers and recruits' pay list—that is all that it is my duty to do.
(Saturday, March 27.)
WILLIAM ROBERT RITCHIE . I am an assistant accountant in the Army Accountants Department, the head of which is Mr. Easton, chief accountant at the Horse Guards. There is under him a district accountant for the Eastern Command, also a regimental accountant at Hounslow. In the case of recruits going to regiments at Hounslow, the counterfoils of Army Account B 100 would come into Eastonn's department through the regimental accountant at Hounslow; the vouchers would also come there, through the district accountant for the Eastern Command. Colonel Walsh's accounts are examined by the district accountant every month and audited by me from time to time. Last January I audited his accounts for October, 1908; I compared some of the vouchers of Army form B 100 with some of the counterfoils; in a number of instances they did not agree; there were 1, 062 discrepancies between August, 1907, and December, 1908, amounting to £111 5s. 9d.; there were no instances of mistakes in the other direction, representing recruits as having been paid less than they had actually received. I also compared the staff pay book with the daily receipt and expenditure book and found that the entries were not correctly carried from one to the other; there were unexplained discrepancies amounting to £41 15s. 10d. between May, 1908, and January, 1909; all the errors were of the same character, namely, overcharges in the daily receipt and expenditure book.
Cross-examined. Colonel Walsh's account does not comprise simply prisoner's transactions. In 1905, when the present system was first started, prisoner made representations that it gave him more work, but an increase of staff was refused.
ARTHUR JONES , assistant pay clerk at St. George's Barracks. I acted as assistant to prisoner from May 1, 1904, to the date of his suspension. I now act as assistant to Pensioned Quarter Master-sergeant Pray, who has succeeded prisoner. The hours that prisoner used to work and that Fry now works are from a quarter to eight in the morning to five in the evening.
Cross-examined. I was offered the succession to prisoner's position, and refused it. It is possible that I may have said to Colonel Walsh and another officer in prisoner's presence that no man could possibly keep the work straight and do it properly without more assistance.
Re-examined. I refused the post because I considered the money insufficient for such responsible duties.
HENRY WALTER FRY , who succeeded prisoner in the position of pay clerk, said that his hours were from quarter to eight in the morning to about 4.30 or five in the evening; in those hours he found no difficulty in getting through the work.
Detective-sergeant JOHN FERRIER , Scotland Yard. On February 20, holding a warrant for prisoner's arrest for falsification of accounts, I went to Catford and saw him. I read him the warrant. He said, "I understand."
Cross-examined. Prisoner was employed at the barracks for 7 1/2 years. He has told me, and I have no reason to doubt, that he was before that in the Imperial Volunteers for 12 months, that he was for five years employed by Messrs. Pink's, and for six years by Messrs. Pickford's. There is nothing whatever against his character. This concluded the case for the prosecution. The Jury intimated that they did not desire to hear the defence and at once returned a verdict of Not guilty.
BEFORE THE RECORDER.
(Tuesday, March 23.)
MATTHEWS, John William (35, timber merchant) ; stealing nine pieces of mahogany and 187 pieces of various woods, the goods of William Walters Howard and others, and feloniously receiving same, well knowing them to have been stolen.
Mr. George Elliott prosecuted; Mr. Huntly Jenkins defended.
Mr. Elliott stated that the goods, the subject of the charge, had disappeared from. prosecutor's timber yard at Canning Town under very suspicious circumstances, but on the matter being fully investigated they were satisfied that the wood got into defendant's possession by mistake on the part of his men, and, if his Lordship assented, it was proposed to offer no evidence.
The Recorder agreeing to this course, a formal verdict of Not guilty was returned.
BEFORE MR. JUSTICE CHANNEL.
(Wednesday, March 24.)
Mr. Warburton prosecuted.
Prisoner pleaded guilty to wounding with intent to do grievous bodily harm, which plea was accepted by the prosecution.
Prisoner was stated to have attempted to cut his wife's throat in a fit of drinking and to have immediately run out and communicated with Police-constable Edwin Simpson, 736 K, who rendered first aid, and to whom prisoner expressed his sorrow.
Sentence, One month's hard labour.
BEFORE JUDGE RENTOUL.
(Wednesday, March 24.)
Mr. Metcalfe prosecuted.
LILLIAN FARRIN . I first met defendant about 10 months ago at Leicester. I regarded him as a single man. He seduced me two or three months before marriage. We lived together from November 10 till New Year's eve. My mother had a suspicion he was married and wrote to a certain gentleman. Prisoner did not intimate any intention of leaving me until two or three gentlemen came to Leicester in connection with bankruptcy proceedings. He did not tell me anything about these, or why he was leaving. The next time I saw him he was in charge. At the time the gentlemen came to Leicester I asked him what they wanted him for; he said he did not know. I said, "Let us go after them." We went after them, and we waited. He said, "Meet me in 20 minutes at the Library." I went home to get a hat and these gentlemen were waiting at the entry for me, and said they were going with me wherever I went. We went to the Library. Ritchie was walking up and down, but not in sight of them, only in sight of me. I saw no more of him after that. He wrote two or three letters on scraps of paper to say if any inquiries were made, "A still tongue makes a wise head." While we were living together my mother kept us both. He contributed nothing to my support.
To Prisoner. We met on a Sunday, I could not say the date, on a brake and we struck up an acquaintance. For four days we went to various places of amusement and country resorts. I always left you about seven o'clock because I had to go home. On the fourth day I said I would go away with you to any place you cared. (To the Judge.) I do not know whether he meant me to go and live with him as his wife. I met him at Oxford 10 days after that. (To Prisoner.)
We stayed at Oxford four or five days. I should have gone home at the end of the first day if I could have got back. You know that. (To the Judge.) I knew I was going to stay the week-end. Nothing had taken place between us up to that time. A fortnight afterwards I went again to Oxford and stayed some days; I do not know how long. He met my mother a little while after that and said everything was proper and 'he meant good by me. (To Prisoner.) After the two visits to Oxford we went to Blackpool, Stratford-on-Avon, and other places. Soon after the Blackpool visit you found me at your lodgings at Beading. Things were not as they should be and I wanted to know what was going to be done, I went home the next day. Three months after that you expected to get a letter from me at Farnborough, Hampshire, Post Office, and found me there instead. I should have gone to the end of the earth to have found you.
Prisoner. I went away owing to bankruptcy matters. A warrant was issued by my first wife's brother, Mr. Spraggs. I have not deserted my wife. While I had money she had it.
Sergeant MERCER . I have made inquiries about this man. I find he married his first wife eight years ago under similar circumstances to that of the second. He used to collect rents on behalf of his wife's mother) some of which he Appropriated to his own use. After marrying the daughter there was nothing done in that matter. Then his wife's brother was induced to take ham as a clerk in his business—a prosperous marble business—and afterwards as a partner. Prisoner being a good scholar took the management, and in that way had charge of the money. Eventually the business got into bankruptcy and they both absconded. He then met this other woman. I believe her mother bought the wedding ring and sent him the money to bring him to Leicester for the wedding. The day he absconded from Leicester he collected 10s. due to the second wife's mother, which no doubt paid his fare back to London.
Prisoner. The officer has said many other things than facts. I deny in to collecting rents and keeping the money. If I had done that is it likely Mr. Spraggs would have taken me as a partner. While I had money I went about with this girl and thought nothing of it, and I do not think she did. I went to Farnborough and stayed with Mr. Spraggs for about three months. In fact, I refused to go back as he had the money. After I had been there a week he said, "You must have some clean clothes and I must give you money to go to Reading and pay your landlady." He did so. When I got to Reading I found Miss Farrin there, who told me of her condition. She went on in such a way that I did not know what to do, and to get her to go home I promised her marriage. Had I not done so I believe she would have committed some serious crime on that day. One sister of hers committed suicide; another was in a lunatic asylum when I left Leicester.
Sentence, 18 months' hard labour.
Mr. T. E. Morris prosecuted.
EDITH HART , Gipsy Lane, Ilford. On February 27, at half-past six, prisoner came to my shop and asked for a pennyworth of birdseed. I served him, and he tendered a half-crown in payment. I gave him two shillings and five pennies in change. I left the half-crown on the counter till he had gone, then I took it into the kitchen and bit it, and found it gave to the teeth. I found it was bad. (Witness identified the coin.) I then went into my brother-in-law's next door but one. Then I went back to see that the children were all right, and followed up to the "Prince of Wades" beerhouse, where I guessed prisoner had gone. I looked over the window and saw him there. I went into (the next compartment and asked if it was actually bad before I spoke to prisoner. As I was coming out he was coming out of his compartment. I asked him to give me back my 2s. 5d. I told him he had given me a bad coin and that he knew he had. I said, "Give me back my 2s. 5d. This is what you wished me luck for." He did not answer me. Somebody in the crowd asked what he had done with 'the money; he said he had spent it. My brother-in-law came up and sent for a policeman. Prisoner then offered me a shilling, saying, "Take that; it is all I have got." I said, "No, it is not my 2s. 5d. When I declined the shilling I handed the half-crown to the officer. (To the Jury.) The man was a bit muddly when I first saw him; also in the beerhouse. (Prisoner admitted witness's statements to be correct."
Police-constable FREDERICK TRINDER , 932 K. On February 27, at a quarter to seven, I went to the "Prince of Wales," Ilford, and saw prisoner and lass witness there. Mrs. Hart said, "This man has given me a bad half-crown and I wish to charge him." I said to prisoner, "I shall take you into custody." He said, "All right, governor, it is a good job." I took him into a room adjoining the bar and searched him. I found on him a packet of bird seed and a shilling. I then took him to the station. When he was charged he made no reply. He was charged with knowingly uttering a counterfeit half-crown with intent to defraud. When he was further searched he said, "You must think I am a jay; you won't find anything on me." By "jay" I understood him to mean he was not silly enough to have other coins on him.
WILLIAM ARMSTRONG , coal merchant, carman and contractor. I know prisoner. He has been accustomed to hiring a barrow from me two or three times a week to get fruit. Every time he takes a barrow I lend him money. On Saturday, February 27, he borrowed £1 to go to market with. He took a barrow with him. I did not see him again that day. About two o'clock a boy came with the barrow.
ARTHUR GLBSON , "Welcome Inn," Stepney. I take charge of birds belonging to my customers when they are going away. I have known prisoner as a customer. Seven or eight weeks ago he asked me to mind a bird for him. Customers very often give me bird seed for their birds. About a month ago he brought some bird seed in for his bird. On the Thursday before the Saturday some other customers
were passing remarks as to when prisoner was going to bring some more seed.
Prisoner. I got on the booze, and these chaps I got into conversation with got into a fight the night previous. They wanted to find out where a good solicitor was, and I was going to introduce them to Mr. Cowell, at Stratford, the same Saturday morning. I only knew one of the men; he could not come, so he told me to go with them to Cowell's. When we got there his place was closed, and his private address was on the door—somewhere at Ilford. We went to Ilford. I do not remember much more. I do not know where I got the half-crown unless it might have been in the £1 I got from Mr. Armstrong. He gave me the £1 in silver.
WILLIAM ARMSTRONG , recalled. I gave prisoner £1 in silver, four half-crowns and five two-shilling pieces. I would not like to say this half-crown was not amongst them. We have to be very careful in our business in taking money, and generally well test it. (To the Jury.) I had not seen prisoner any more from half-past nine in the morning till his missus came down and said there were three detectives in the place and he was locked up for passing a bad half-crown.
Prisoner. I expect the rest of the sovereign went in drink.
Verdict, Not guilty.
WILLIAMS, John Charles (38, dealer), SNEASBY, Alfred (26, labourer), NEWMAN, Thomas Augustus (24, labourer), pleaded guilty of between November 25, 1908, and February 10, 1909, stealing about 540 cwt. of lead, the goods of the Hart Accumulator, Ltd., and feloniously receiving the same.
Three previous convictions were proved against Williams, one against Newman.
Sentence: Sneasby arid Newman, each 12 months' hard labour; Williams, Three years' penal servitude.
WARREN, John (50, cook) ; burglary in the dwelling-house of Arthur Mark Grover and stealing therein 25 boxes of cigars, one silver cup; and other articles, and the sum of £1 16s. 4d. in money, his goods and moneys, and feloniously receiving the same.
Mr. Ramsey prosecuted.
Detective-inspector EUSTACE , N Division. On February 20 last a burglary at the "Royal Standard," Black Horse Lane, Walthamstow, was reported to me. I went and inspected the premises. I found a lavatory window had been broken from which access could be gained to the billiard room, the large plate glass door of the billiard room which communicates with the bar had been taken right out. A jemmy was handed to me. There were marks on the doorway which corresponded with the jemmy. The jemmy has not been connected with the prisoner. On the 21st I went to a field about half a mile away from the premises with two other officers between
7.0 and 7.30. I saw prisoner there and went towards him; as I did so he got over a very high fence which surrounds the Lea Bridge Waterworks. I lost sight of him. I then crossed the field and went on to the tram terminus, which is about a third of a mile from where I saw him. I met prisoner there. He was coming towards the tram terminus. He was not carrying anything then. I secreted myself and the other officers went to the top of a house to get a good view. About 8.30 I saw prisoner coming towards the tram terminus. He was then coming from a lane which leads towards Higham Hill. He was carrying a brown paper parcel. I signalled the other officers and saw prisoner get on to the tram. He was the only passenger when it left; the other officers joined the tram some little way up the road. At Walthamstow Police Station I saw prisoner detained. I went to the fields on the following morning with the officers and Mr. Grover, the proprietor, and 50 yards from where I saw prisoner get over the fence I saw some loose cigars. I found some more at the place where I saw him get over the fence, and in a ditch by the side of the lane 20 or 30 yards from where I saw him tarrying the parcel I found some more, a glass towel, and some cord that is used in billiard-rooms. The things have been identified. At the police station I drew prisoner's attention to his boots, and pointed out to him and the officer that the man had been on the fields. I said, "You see there is grass between the leather pad of the shoe and the heel. He has also been where there is damp, and it is frosty weather." He made no reply.
To Prisoner. I called attention to the grass on the heel of your boots. I took your boots off so that you could see it. Sergeant Casselton was present. When you were in the field I was 40 or 50 yards from you. Last time I said 30 or 50.
Detective-sergeant HORACE CASSELTON , N Division. I was with last witness in this field on February 21. I was a few yards behind him, and from something he said I looked ahead and saw a man in the field. I immediately lost sight of him. Under instructions from Inspector Eustace I returned across the field with Detective Lee-along Blackhorse Lane and secreted myself in an unfinished building. In about 30 or 40 minutes prisoner came along from the direction of Billett Lane. You can get to the waterworks from the bottom corner by climbing the fence. I came out from the building and then saw prisoner getting on to the tram. He was carrying a large brown paper parcel. Some little distance along I waited for the tram. Lee and I boarded it. We went on the top, where there was nobody but prisoner. There was a man and woman inside. As we went up the stairs prisoner said, "Good evening." I said, "Good evening," and sat down alongside of him; he was smoking a cigar and had the parcel between his knees. I said to him, "What have you got in that parcel?" He said, "Why do you ask?" I said, "I am a police officer and I want to know." He said, "I have got some cigars." I said, "Where did you get them from?" He said, "I got them from a friend." I asked him who the friend was; he said, "I refuse to say any more until I see my legal adviser." Later
that night he was charged. He said, "I know nothing about them being stolen." On being searched there were found 15 boxes of cigars, 10 1/2 d. in bronze, a pair of cycle clips, two keys, and some other odds and ends. He had 29 loose cigars in various pockets. They are the ones produced. This is the one he was smoking. His boots were taken off; it is a very usual precaution. Next morning, while waiting to go before the magistrate at Stratford, he said, "I was taken to the house by a man, a native of Walthamstow; the house was about 100 yards up on the right from Blackhorse Lane, and it is the second turning on the right past the tram terminus. It is a very decent house and good furniture in the front room. The man saw me on to the tram." He said he had never seen the man before. There is no such turning. I saw last witness inspecting prisoner's boots at the station. I think prisoner asked what they were taking his boots away for. I saw the boots; there was some grass round tic edges of the heels and the soles.
To Prisoner. I saw Inspector Eustace draw your attention to some mud and grass on your boots. He said something about you had been across the fields. I did not say I was 80 yards away; I said 80 to 100. Detective Lee and I were walking abreast. Inspector Eustace said he was a few yards in front of us.
ALBERT WEASER , manager of "Royal Standard," Blackhorse Lane. Mr. Grover has met with a serious motor-car accident and is in bed at the present time. On the 18th I assisted him in closing the house at 12.30. Everything was secure. We had an Airedale terrier in the yard. I went down at a quarter past five next morning. I found a cigar box on the pewter in the bar and had a look round and saw things were missing. I called my employer down,. and we inspected the premises together. We found the lavatory window had been forced open. We then visited the dog, as we wanted to know why it tad made no noise. We found it groaning, kicking, and in great pain. It died in four to five hours. I think it died from poison. There is a private mark of the manufacturer's on the box of cigars handed to me. The same mark is on other boxes we have.
To Prisoner. The mark on the box denotes the colour of the cigar. It is not made on all this kind of box. I do not know why it should be on these alone and not on others of the same brand. It is done by my master's special request to the maker.
ERNEST HANDLAW , costermonger, 61, High Road, Leyton. I have known prisoner since the early part of December. I lived at Row; he lives at Marshgate Lane, Stratford. On February 20 I met him at his house. He called for me on the Friday before at the lodging-house where I was living and asked me how I was getting on; I told him. He then asked me to come to breakfast to-morrow morning. I went. He told me he was going to Walthamstow on Sunday; would I go with him. I said I would. We took the tram to the "Baker's Arms" and from there to the "Bell." We had a drink at the "Bell." We then went down Forest Road towards Blackhorse Road. As we went along he said, "There is 3d. for your fare Hack. I am going to get a parcel and take it to Pennington." I said, "What is the parcel?" He said, "That's all right." We went from
Blackhorse Lane through a footpath beside some fields. There is a footway down to the waterworks. He said, "Stop here a minute; I shall not be long." When he went over the fields I thought, "What has he gone over there for? There is something funny. I ain't going to stop here," and I came away and left him. I did not hear anything more. Warren paid for the drinks. I had got no money. It is not true that I asked him to carry a parcel and offered him 5s. to carry it. The only house we went to was the "Bell." We did not go into a sitting-room there. Prisoner did not go into a private house while I was with him. There was no other man with us. We were in the "Bell" about half-past six, and it took half an hour to three-quarters of an hour to walk across to the waterworks. This was Sunday night.
To Prisoner. I used to be in business at Walthamstow. I was there six months. I know Inspector Eustace. I was talking to him at a quarter-past ten on the Sunday night. I will not swear I was not talking to him before. On the Saturday I got a pair of boots from you and a pair of trousers. Your missus gave me a topcoat the Sunday before. You likewise gave me a waistcoat. I took mine off and put on yours. Don't you recollect putting it on the fire? I remember the 22nd, the day you were at Stratford Police Court. I went to your place. I burnt your old boots on the fire because they were no good, not because they had rubber heels.
Re-examined. The last time I saw prisoner was between seven and half-past on the 21st. I saw Inspector Eustace the night afterwards at the "Baker's Arms," near Lea Bridge Road. That is about a mile and a half from the tram terminus that has been spoken of. I was not talking to him at 7.30 when he arrested prisoner. (To Prisoner.) The reason of you taking me to Walthamstow is best known to yourself. You gave me 3d. to come back with because I had no money. I know no one of the name of Williams at Walthamstow.
Miss HARRIET BALSOM (to Prisoner). I am living with you. I know the last witness by the name of Mush. I remember he came two or three times. On February 17 or 18 he got a pair of boots, a pair of trousers, a vest and a coat. I saw him again on the 19th. He said he had a little bit of business en, a bit of luck, and wanted you to do something for 'him. He brought a bottle with some whisky in. We had some of it. He took the bottle away. He gave you some cigars. When he left he said he was going home to give his wife some money. I have seen her twice. The first time she came she said she wanted him; did not know where he was; she was going to give him up to the authorities. The next time she wanted to know where he was as he had left her. She also mentioned a man called Bill Quick; she said where he was Handlaw would be. I said I did not know anything about Bill Quick. Handlaw came on the 21st (Sunday) with some oranges. He wanted to know where you were. He said he would come back again. He
came back just after three and had some dinner. I do not know that he said what he wanted you for, but he waited till you came. You both went out just after six. I did not ask where you were going. He said he wanted to see you on business. I do not know what he meant by saying he had a bit of luck. I could not identify a cigar; I do not take much notice of them. After you left the house on Sunday night I went to Plaistow Hospital to see the child. After that I went to the obelisk to meet you. We were to meet at the "St. George's Tavern." (Prisoner called for a piece of paper with an address on, to which he said he was asked to take the cigars.)
( ERNEST HANDLAW , recalled, wrote "The 'St. George's Tavern,' Lambeth Road, second on the right" at his Lordship's request, and after it was shown to the Jury, a Juror requested that it might be written again on a piece of paper the size of the original. In answer to the Judge the witness spelt Lambeth "Lambeth," as he had written it, whereas in the original document it was spelt "Lambeth.")
Cross-examined. I said at the police court I saw him write it in the kitchen. Before I gave evidence I saw my husband at Brixton. I took him some clean linen. I might have been with him 10 minutes. (To Prisoner. I went over to Lambeth and waited till they were closed. You said you were going to that address and if I liked to take a ride I could meet you there.) It is not far in a motor 'bus to South London. Prisoner, did not give me any reason for going there. I have no friends in South London. I could not tell you if he has.
Mrs. CLAY, 23, Marshgate Lane, Stratford. (To Prisoner.) I have seen the man called Mush in your house. On Monday, the 22nd, I saw him come out of your kitchen and a pair of boots on the fire. Your miss is asked him what reason he had for putting them on the fire, and he said, "You know." I believe I saw him once before that. I saw him yesterday at your place. I did not take much notice of the boots. They were too good to be burnt; a lot of men would like to wear them.
Cross-examined. I do not know what idea he had in burning the boots.
JOHN WARREN (prisoner, on oath). This man, Handlaw or Mush, has been to my house on several occasions. As you heard, he has been in business in Walthamstow and he has a Mend there named Williams. I have something in my pocket I should not have shown if this man had not come forward to swear these lies about me. It is something I forgot to ask Miss Balsom. It is from Mush's friend who had these cigars. He saw me to the tram that night. It is addressed, "Mrs. Warren, 23, Marshgate Lane, Stratford." I was took by this man Mush from my house. He came on Saturday and said he had a friend who had been in the tobacconist line at Walthamstow, and he wanted to consult me as regards a bill of sale he had on his goods, as to whether he would be justified in selling any of his property or not. Some had been secretly removed to the shrubs at Walthamstow. I asked if they were included in the inventory; he said, "No." Mush gave me the parcel, took it off his friend
Williams's table. When I got to the house where the police were secreted, he stopped me and deliberately asked me for a match, when only a few minutes before he had a box in his pocket. When Miss Balsom got this letter she did not know whether to destroy it or let me see it. She consulted me. I said the best thing she could do was to send it to me so that I could see it. I should not have shown it to-day if this man had not appeared against me. It was Williams not Mush who was going to give me 5s. for taking the parcel, and he gave me 1s. He would not pay me the rest until I delivered the parcel. Just before we got to the house where the police were secreted, Mush gave me the parcel and said, "Take a ticket for such-and-such place, Markhouse Road, and then take the Lea Bridge 'bus to London Bridge, and then you know where you are."
Cross-examined. I got off the tram at the terminus. The house was situated in either the first or second turning past there. I know I went up a green lane. That lane does not go four miles without a break. The police say I came back by that lane. There was a box of broken cigars which Mush and me had between us. If Mush had been apprehended, they would have found them on him. I did not climb the waterworks fence. I do not know the waterworks. I was not in the field. The police did not point out the grass or mud on my boots; they simply took them off and put me in a cell. I have not seen the grass.
Verdict, Guilty of being in unlawful possession of stolen goods, well knowing them to have been stolen.
Detective-sergeant JOHN MARSHALL , K Division, proved convictions at West Ham Borough Sessions on October 12, 1906, nine months' in second division, for receiving stolen goods; and at West Ham Police Court, on September 8, 1908, three months' hard labour, being on enclosed premises.
Sentence, 18 months' hard labour.