Vol. CLI.] Part 895.
CENTRAL CRIMINAL COURT
HELD APRIL 20TH, 1909, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writer to the Court.
POINTS OF LAW AND PRACTICE
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
GEO. WALPOLE, PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W. C.
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, April 20th, 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 RICHARD JELF , one of the Justices of His Majesty's High Court; Sir HY. E. KNIGHT , Sir HORATIO DAVIES , K. C. M. G., Sir JOHN POUND , Bart., Sir T. VESEY STRONG , Kt., Captain W. C. SIMMONS , C. JOHNSTON , Esq., Aldermen of the said City; Sir FORREST FULTON , Knight, K. C., Recorder of the said City; Sir FK. ALBERT BOSANQUET , K. C., Common Serjeant of the said City, and His Honour Judge LUMLEY SMITH , K. C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
TRUSCOTT, MAYOR. SEVENTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, April 20.)
GILTTAM, Joseph Coulson Edward (34, accountant) ; on January 30, 1909, embezzling and stealing a certain valuable security, to wit, a banker's cheque for the payment and of the value of £1,260 12s. 11d., received by him for and on account of the Eastern Gold Farms Syndicate, Limited, his masters; being a public officer of the said Eastern Gold Farms Syndicate, Limited, fraudulently taking and applying to his own use certain property, to wit, a banker's cheque for £1,260 12s. 11d., to his own use and benefit, and to purposes other than the use and benefit of the said Company, and having received certain property, to wit, a banker's cheque for £1,260 12s. 11d., for and on account of the Eastern Gold Farms Syndicate, Limited, unlawfully and fradulently did convert the said property said parts thereof to his own use and benefit; in incurring a certain debt and liability to Frederick J. Benson and Company to the amount of £1. 260 12s. 11d. and £1,250 respectively, unlawfully did obtain credit from them to the said amounts under false pretences; embezzling and stealing divers valuable securities, to wit, on June 27, 1907, one cheque for £160 14s. 6d., and on October 30, 1907, one cheque for £519 3s. 90d., and on November 2,1907, one cheque for £3,500, received by him for and on account of the Argo Transportation and Tunnel Company, Limited, his masters; being a public officer of the said company, to wit, the secretary, fraudulently taking and applying certain property of the Company to his own use and benefit and for purposes other than those of the company, to wit, the said cheques for £160 14s. 6d., £519 3s. 9d., and £3,500 respectively; having received the said property, to wit, the said cheques for £160 14s. 6d., £519 3s. 9d., and £3,500 respectively, for and on account of the said Company, unlawfully and fraudulently did convert the said property and parts thereof to his own use and benefit and to the use and benefit of another person (three indictments); in incurring certain debts and liabilities to Frederick J. Benson and Company to the following several amounts to wit, £519 3s. 9d., £500, £3,500, £152, £160 14s. 6d. and £112, did obtain credit from them to the said amounts under false pretences (3 indictments).
Mr. C. F. Gill K. C., and Mr. Muir appeared to prosecute; Mr. Marshall Hall, K. C., M. P., and Mr. Douglas Hogg appeared for the defendant.
Mr. Gill said he proposed to offer no evidence. It was clear that the defendant had been the dupe of another man, and it would not have been possible to establish intent to defraud.
A verdict of Not guilty was entered.
Further evidence to character was called on behalf of each prisoner. It was stated that the cheque book in question had been destroyed.
Sentence: Tweedie, Nine months' imprisonment, second division; Colls, Four months' imprisonment, second division.
WILSON, Bertrand (32, clerk), who pleaded guilty last session (see preceding vol., page 878) of breaking and entering a post-office and stealing therein a number of postal-order forms and £3 in money, and of forging and uttering certain postal-orders, was brought up for sentence.
Sentence, Nine months' hard labour.
JONES, Alfred (28, labourer), who was convicted last session of forging and uttering, knowing the same to be forged, a postalorder for the payment of 17s., with intent to defraud, came up for sentence. (The case is reported in the preceding volume, page 878, where the charge is wrongly stated.)
WILLIAM HENRY SMITH , clerk in the Inquiries Department, G. P. O., said that prisoner had declined to give any information to assist the authorities in tracing the man with whom he had worked. Prisoner's real name was Thomas Hollett. He left the Army five years ago, and had since been in no regular employment.
Sentence, 18 months hard labour.
Mr. Bodkin and Mr. Croom Johnson prosecuted; Mr. Hawtin appeared for defendant.
After several adjournments of the case, it was disposed of on April 23 by defendant being released on his own recognisances to come up for judgment if called upon, and in the meantime to keep the peace and be of good behaviour towards all His Majesty's subjects, and especially towards prosecutor; he was ordered to pay the taxed costs of the prosecution, such costs not to include such costs as would be payable under Section 1 by the County, which are to be deducted from the taxed costs. Defendant's sister became surety for him in the sum of £100.
KNIGHT, Alfred (36, labourer), pleaded guilty of burglary in the dwelling-house of Amy Hodgkinson, with intent to steal therein. He confessed to having been convicted of housebreaking at Middlesex Sessions, in the name of Alfred Dawson, on March 7, 1908, and there were other previous convictions.
Sentence, 15 months' hard labour.
WOODLEY, James (27, overseer), and PALMER, Reginald (25, clerk), pleaded guilty of breaking and entering the dwelling-house of Samuel Leonard Bruton Davis and stealing therein two silver cups and other articles, his goods; breaking and entering the dwelling-house of Henry Hayward and stealing therein one silver plated teapot and other articles, his goods; breaking and entering the dwelling-house of Bertram James Howlett and stealing therein three gold finger rings and other articles, his goods.
Woodley confessed to having been convicted of larceny, at Tower Bridge Police Court, in the name of James Sydney Bell, on December 5, 1905; one other previous conviction was proved.
Sentence, Woodley, 12 months' hard labour; Palmer, four months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, April 20.)
SULLIVAN, James (30, labourer), DANSON, Samuel Edward (24, watchmaker), and DANSON, William Henry (19, electrician), pleaded guilty of S. E. Danson feloniously obtaining the sum of £1 from Sybbella Jane Reader by means of a forged instrument, to wit, a forged Savings Bank account book, knowing the same to be forged, with intent to defraud; feloniously obtaining the sum of £1 from Julia Page by means of a forged instrument, to wit, a forged Savings Bank account book, knowing the same to be forged, with intent to defraud; James Sullivan feloniously obtaining the sum of £1 from Richard Arthur Allenby by means of a forged instrument, to wit, a forged Savings Bank account book, knowing the same to be forged, with intent to defraud; feloniously obtaining the sum of £1 from Maggie Ethel Smith by means of a forged instrument, to wit, a forged Savings Bank account book, knowing the same to be forged, with intent to defraud; W. H. Danson feloniously endeavouring to obtain the sum of £1, and obtaining the sum of £1, by means of a a forged instrument, to wit, a forged Savings Bank deposit book, knowing the same to be forged, in each case with intent to defraud.
Mr. Forster Boulton, M. P., prosecuted.
S. E. Danson confessed to having been convicted at Winchester on April 9,1907, in the name of Carl McAlister, of stealing a bicycle, receiving 12 months' hard labour; three other summary convictions for larceny and burglary were proved.
W. H. Danson confessed to having been convicted at Eastbourne on March 15, 1907, of stealing postcards, receiving six days' imprisonment.
Sentences: Sullivan, Nine months' hard labour; W. H. Danson, eight months' hard labour; S. E. Danson, 18 months' hard labour.
EDWAKDS, Willie James (25, clerk), pleaded guilty of being employed under the Post Office did feloniously steal one post letter containing 12 penny stamps and a certain valuable security, to wit, a postal order for the payment and of the value of 20s., the goods of His Majesty's Postmaster-General.
Mr. Forster Boulton, M. P., prosecuted; Mr. Purcell appeared for the prisoner.
Sentence, Nine months' imprisonment, second division.
CLIFFORD, Celeste (42, fitter), pleaded guilty of feloniously forging and uttering, knowing the same to be forged, two orders each for the delivery of goods to the value of 1s. and two orders each for the delivery of goods to the value of 3s. 6d., in each case with intent to defraud.
Mr. Ganzoni prosecuted.
Prisoner confessed to having been convicted at Clerkenwell, on November 5, 1907, of feloniously obtaining goods, receiving nine months' hard labour, after two summary convictions for the same offence.
Sentence, 12 months' hard labour.
O'SULLIVAN, James (24, musician), pleaded guilty of burglary in the dwelling-house of Walter Philip Davis and stealing therein certain money, to wit, the sum of 17s., 5 1b. in weight of cheese and other articles, his goods.
Mr. St. John Morrow prosecuted.
Prisoner confessed to having been convicted, on August 13,1907, at Stratford of burglary, receiving 15 months' hard labour. Prisoner had confessed to the present crime when receiving one month's hard labour for wilful damage in March, 1909.
Sentence, 12 months' hard labour.
BEFORE MR. JUSTICE JELF.
(Wednesday, April 21.)
DAVEY, Henry (18, labourer) ; feloniously setting fire to certain jute then being in the sheds of George Green and others; unlawfully and maliciously committing damage to certain jute, the property of George Green and others, to an amount exceeding £5—that is to say, to the amount of £40,000.
Mr. Perceval Clarke prosecuted.
afternoon it was reported to me that the place was on fire. The fire lasted about four days and the loss amounted to at least £40,000.
WILLIAM CAYGILL , foreman to Messrs. Green. On March 27, about noon, I noticed prisoner loitering about the wharf; he was not engaged there at all. I left off work at one o'clock; the place was then left in charge of Pascoe. Just after I left Pascoe came and told me the jute had been set fire to.
THOMAS PASCOE . I am 16 years old and work for Messrs. Green. When I was left in charge of the wharf at one o'clock on March 27 prisoner came in; he produced a box of matches and made to light a cigarette. I told him, "You must not smoke here; our men don't do that. If a spark touched one of the bales the whole place would be on fire." He lit the cigarette and put the lighted match against a bale of jute, which at once caught fire. I tried to put it out with my cap, But it was too much for me, so I ran and told Caygill.
To Prisoner. I did not see you try to put the flames out; possibly you did try.
Detective HENRY CAMPKIN , K Division. On March 27, at a quarter to seven p.m., prisoner came up to me in West Ferry Road and said, "Here I am; I will give myself up for the fire; I did not know if would be as bad as this; I am very sorry; I was on the wharf and lighting a fag; I threw the match amongst the jute; I then ran away and stayed in the dock all the afternoon."
Inspector ALFRED BALL , K Division, said that on prisoner being charged at the police station he said, "I know I did wrong, sir, and that is why I gave myself up. When the boy told me I must not smoke I lit a match and pushed it against the stuff to frighten him. When I tried to put it out I could not, so I went away."
Prisoner now handed in the following statement: "I set fire to the jute in order to frighten the boy who was in charge of it. I intended to put the fire out just after I lit it, but it burnt so quickly that it was impossible for me to do so. I then ran away as far as Millwall Dock. Hearing that the police were in search of me, I went up to a constable and gave myself up. I am very sorry that I acted so foolishly, and I hope that you will deal leniently with me."
Verdict, Guilty, with a recommendation to mercy, the Jury accepting prisoner's statement that he merely meant to frighten the boy.
Nothing criminal is known against the prisoner.
Sentence, Three months' imprisonment, second division.
Mr. J. F. Vesey Fitzgerald prosecuted.
ADA WILKINSON , wife of Benjamin Wilkinson. I live at 11, Tower Street, Lambeth, which is a tenement house containing eight rooms on three floors; I occupy the ground floor front, prisoner and his wife occupy the ground floor back. At 12.30 in, the early morning of April 2 I returned home with prisoner's wife; we found the door
locked. I went and fetched prisoner. On getting in prisoner went upstairs to ask a lodger named Dwyer what he meant by locking us out; nothing important happened; prisoner went to his own room and I went to bed. Shortly after I was awoke by Mrs. McDonald calling to me, "Ada, for God's sake come and help one, he is setting the place on fire." I saw the staircase was alight, and I helped to put it out. Before prisoner was taken to the station I heard him say that "he meant to burn them out." There were 14 people altogether in the house.
To Prisoner. The fire was easily put out and no damage was done. I know the paraffin oil lamp that you have; the burner is defective. It is a small hanging lamp; it would be lit about seven o'clock.
Police-constable RICHARD HAWKINS , 257 L. About five to two a.m. on April 2 I was called to 11, Tower Street. I saw prisoner at the foot of the staircase; he was in a stooping position, and had this lamp an his band; the screw was undone and the wick was burning; he poured out the oil on to the woodwork and set light to it; I saw him pour oil on to the flames. I rushed in and seized him; he said, "I have set the f——g place alight. I will burn them all out," and threw the lamp over my shoulder on to the flames again. He had been drinking, but was not drunk.
To Prisoner. I am sure you were not drunk. You went to the station quite quietly.
Inspector SPENCER BATTEN , L Division. On prisoner being brought to Kennington Road Police Station I told him he would be charged with maliciously setting fire to 11, Tower Street, persons being therein at the time; he said, "I wish I had burnt the lot." On the charge being read over he said, "Is the house burnt down?" I said, "No"; he then said, "Well, I'm sorry."
To Prisoner. You had undoubtedly been drinking.
ERNEST NOEL , fireman. On arriving at the premises in response to fire-alarm calls I found there was nothing to be seen in the form of fire. The stairs were wet; the newel post and two or three of the balusters were scorched.
RICHARD ROBERT MCDONALD (prisoner, on oath). On April 1 I was out all day drinking heavily. At 11 at night Ada Wilkinson came to me at a public-house and said that she and my wife had been locked out by the man upstairs. I went back with her, got over a wall and let her in. She and my wife told me that they had been blackguarded by the man; I said I would see him later on when I came home, and I went out again. On returning I went straight up to bed, saying to my wife, "Never mind, let it drop till the morning." After some time I heard the man, from his room, blackguarding us. I got out of bed, took this oil lamp in my hand, and went upstairs to his room; the door was locked; I asked him to come out. There is a little step just by the door, and as I turned round I staggered I suppose, and down went the lamp to the bottom of the stairs. My wife called out, "Bob, the house is on fire."
I said, "A good job too; fetch a cup of water and I'll soon pat it out;" I was stooping down to pick up the lamp when the constable rushed in and caught hold of me.
Cross-examined. I might have used the words spoken to by Hawkins and Batten. I was dazed with drink. When my wife told me the house was on fire, and I said, "A good job too," that was on the impulse of the moment. I bad no intention of setting the place on fire.
Dr. WILLIAM NORWOOD EAST , medical officer at Brixton Prison. When I saw prisoner on the evening of April 2 he was on the verge of delirium tremens; I should say he had been drinking heavily for some days.
Verdict, Not guilty.
Mr. Justice Jelf (to prisoner). The jury have acquitted you—I confess I do not understand quite why—and you are discharged; but I should recommend you to be uncommonly careful how you behave yourself in the future.
BROWN, Ernest Alfred (24, labourer), and BROWN, Ellen Elizabeth (his wife), pleaded guilty of unlawfully and wilfully neglecting Alfred and William George Brown, children under the age of 16 years respectively, in such a manner as to cause them unnecessary suffering and injury to their health. The two children were dead, and prisoners were also indicted for their manslaughter, but on this indictment no evidence was offered, and a verdict of Not guilty was recorded.
Mr. Clarke Hall prosecuted; Mr. George Elliott appeared for prisoners.
It was stated that the two prisoners were thoroughly respectable people, and it was clear that their neglect of the two children (one aged three years, the other seven months) was in consequence of inability to support them, and repugnance to going into the work-house. The husband was out of work and the wife was employed at a restaurant earning 7s. 10d. a week, out of which she paid the rent of their lodgings and the cost of sending the two children to a creche during her absence at work, the amount remaining for food for herself, husband, and children being only 10d. a week.
Mr. Justice Jelf said that in this country there was no reason why any one should starve, as there were the parish and other charitable agencies which could be applied to. He thought, however, that in this case the neglect had arisen more from the prisoners' misfortune than from their fault, and he would release them on their own recognisances in £5 to come up for judgment if called upon.
INETT, Frederick (38, clerk) ; feloniously administering to Frances Margaret Marian Inett (his wife) oxalic acid, with intent to murder her; second count, causing the same poison to be taken by her, with the like intent.
Mr. Muir and Mr. Graham-Campbell prosecuted.
relations at Faversham, prisoner living in apartments. We were not very happy together; he used to drink a lot, and his language was very bad towards me. I was at Faversham for five weeks; he did not send me any money whilst I was there. I subsequently went to Croydon with some friends named Page. Whilst there I saw prisoner about the middle of March, 1908. He said he was not in a position to keep me just then; he was in employment then. I went to see him at his office at the Fulham Borough Council about June. Mrs. Page came with me. She said, "What are you going to do About your wife?" He said he was not in a position to keep me just then. He did not tell me where he was living. On August 24 I left Croydon and went to Richmond. The same day I again saw prisoner at his office at Fulham. I said he would have to do something for me, because I was homeless; he said he would see what could be done. He took me to his private address in Fulham; I there saw Kate Simona. She was introduced to me as his wife. I stayed there about two hours. He said he would try to do something for me, but it would be a terrible strain on him. Eventually I lived at Fulham with him and Kate Simona for about eight weeks. During that time he assaulted me several times on the legs and arms. I left his house and he entered into an agreement with me to allow me 10s. a week, which he signed and he paid me the money. On February 12, at his request, I went back to live with him at Ashington Road, Fulham. He was still in the employment of the Fulham Borough Council. He used to get up an hour before me, go to work, and come back to breakfast at half-past seven. I remember February 24; he put two extra pennies in the gas meter that night just as we went to bed. I think we get three hours' gas for a penny, so that would make six extra hours. Prisoner also asked me to see that the chimney register was down, as he said he felt a draught. Next morning he came back to breakfast later than usual, about a quarter to eight. He said, "What a funny smell there is"; I said, "A good reason why; we have been nearly suffocated with gas." When I woke that morning I had found the gas (which was not lit) half turned on in the bedroom and the door shut; usually it was left ajar. Prisoner said, "You must have turned the gas on yourself; you are silly enough to do anything when you have got worry." I told him I had not turned the gas on and that I had got reasons to think something. He replied, "Do you think I should do such a silly trick as that?" Between February 5 and March 9 prisoner was always wishing me dead. On March 10 he came back to breakfast at a quarter past seven, earlier than usual, and himself got the breakfast. When I got down he had made the tea, and there were two cups poured out. I tasted the one that he had placed opposite to me; I said, "What's the matter with the tea, it is acid?" He said, "It is the same as mine, from the same teapot." I asked him to taste my cup; he refused, saying that he had had sufficient tea. He took my cup and poured the contents down the drain. Later on, after he had gone to work, Mrs. Webb came in; there were some dregs remaining in the cup that prisoner thought he had emptied; these were put into an egg-cup, which was handed to Sergeant Allen.
EMILY WEBB . Prisoner and his wife occupied three rooms at my house, 7, Ashington Road. On March 10, in the morning, I saw Mrs. Inett; she showed me a teacup in which there were some dregs of tea; I put my finger in it and tasted the stuff; it was acid. I put the drains into an egg-cup, which I gave to the police.
JAMES ROE , in the employ of the Fulham Borough Council, said that prisoner was a fellow clerk with him at the Munster Road depot. About a fortnight before March 10 prisoner told witness that he was troubled with mice at home and asked whether he could get any oxalic acid at the stores. Later he inquired whether it would kill anyone; witness replied jocularly that it would, if one took enough of it. On March 11 witness gave Sergeant Allen the key of prisoner's desk, in which was found a tin containing some oxalic acid crystals. Prisoner had no use for such acid in the course of his duties, either for cleaning brass or anything else. Prisoner's usual hours were from six to five; he would go to breakfast at half-past seven. On the morning of March 10 he asked witness's permission to go earlier, at a quarter past seven.
KATE SIMONA . I have known prisoner over a year. I went through a form of marriage with him on April 20, 1908, and lived with him as his wife at various places, including Filmer House, Filmer Road; at this house Mrs. Inett also lived. I once heard prisoner say he would like to kill her; on one occasion he caught her by the throat, and I had to go and pull him away.
Detective-sergeant ARTHUR ALLEN , T Division. On the night of March 10 I went with other officers to 7, Ashington Road, and saw prisoner. I told him I should arrest him for attempting to poison his wife by oxalic acid. He replied, "My wife this morning said, 'What is in the tea?' as she got suspicious about it; I threw the tea down the w. c.; I put the acid in the tea with no intention of proving fatal or anything; the acid I had in a tin which I had been cleaning brass with; it was oxalic acid in crystals; I cannot say where I got it from, but I have had it by me for a long time; I threw the tin away this morning after my wife told me the tea tasted bitter. I have been wandering all the week. I do not know what made me do it. We have been very unhappy together. I know I was going to poison her, but I am wandering in my mind. I should eventually have made the Italian girl my wife. I have been living with her prior to going back to my wife a year ago. I have been burning the candle at both ends. I love the Italian girl the best of the two. I have been unhappy for nine years with my wife." Prisoner was quite sober. The egg-cup (produced) was given me by Mrs. Webb; the tin box (produced) I found in prisoner's desk at his office; I handed both to Inspector Knell.
Dr. WILLIAM HENRY WILLCOX , official analyst to the Home Office. In the egg-cup handed to me there was a little light brown residue; on analysis I found it to contain 1-16th of a grain of oxalic acid, in tea containing milk and sugar. The teacup (produced) holds about seven fluid ounces; there would probably have been 21 grains of
oxalic acid in the full cup of tea. Oxalic acid is a powerful poison; it is not used medicinally in this country; it is occasionally so used in America, the maximum medicinal dose being half a grain. The tin box (produced) contained oxalic acid crystals.
Prisoner handed in a written statement, in which he referred to the unhappiness of his domestic life and to his business worries, which had affected his brain, concluding with an appeal for mercy.
Mrs. INETT, recalled. Prisoner has sometimes been run down And depressed, but I have never known him in such a state that he did not know what he was doing.
Dr. WILLIAM NORWOOD EAST , medical officer at Brixton Prison, said that since he had had prisoner under observation he had been depressed, but he was a man of ordinary capacity and showed no sign of mental disease.
Sentence, 15 years' penal servitude.
On an indictment for bigamy with Kate Simona, no evidence was offered, the woman having at the time of the form of marriage, known that prisoner was a married man.
BEFORE THE RECORDER.
(Wednesday, April 21.)
BONNETT, Alfred (60, secretary) ; being employed as secretary to the Third Royal Liver Benefit Building Society, feloniously and fraudulently embezzling divers moneys, to wit, the several sums of £350, £25, £150, £200, £75, £15, £21, £80, £550, £100, £10, £375, £100, £30, £50, £50, £185, £100, £200, £100, £100, £25, £450, £20, £20, £350, £50, £250, £200, £159, £450, £200 and £300 received by him for and on account of his said employers; feloniously embezzling certain valuable securities, to wit, banker's cheques for the payment of the sums of £20 6s. 3d., £24, £24, £25 18s. 4d., £28 6s. 3d., £50, £100, £50 and £200, received by him for and on account of his said employers; feloniously embezzling the proceeds of the said banker's cheques; forging and uttering a certain endorsement on an order for the payment of money, to wit, a banker's cheque for the payment of the sum of £200 to F. J. Webb, with intent to defraud; being employed as secretary to the Third Royal Liver Benefit Building Society, did unlawfully, wilfully, and with intent to defraud, falsify a certain hook and account, to wit, the Loan Book and the annual statement for the year 1908, belonging to his said employers.
Prisoner pleaded guilty in respect of falsification of the accounts.
Mr. George Elliott (with him Mr. Cecil Pitch) for the prosecution explained how false entries had been made in the book containing the entries due to loan creditors, so that the amounts due to them appeared to be less than they really were. Discovery of the defalcations was accidentally made by the fact that the amounts paid for
Interest were in excess of the interest due on amounts standing to the names of the loan creditors. One creditor, for instance, according to the amount of interest credited to him, should have been owed £1,700 by the society, whereas the actual amount credited to him was only £1,150. The money, it was said, had been swallowed up in disastrous building speculations at Southend and Cliftonville. In 1891 prisoner, then the manager of the Royal Liver Friendly Society, formed the idea of starting a building society limited to the employés of that society, and subsequently formed a second and third society of the kind, each society being calculated to expire in about 15 years. Prisoner had offered to give a charge upon his property, but it was feared there was little hope of realising the amount lost from such a source. The prosecution, however, had no desire to be vindictive in the matter.
Mr. Curtis Bennett, for prisoner, pointed out that this was not a case of obtaining money by fraud or false pretences, but prisoner had used the money of the society to meet the demands upon him in connection with these building transactions, fie had at once consented to give a charge upon the property, which he (Mr. Curtis Bennett) was instructed would amount to very much over £5,000, he being at that time under the impression that he would not be prosecuted. Prisoner was, however, still desirous that the whole of the money should be repaid.
Judgment was postponed till next sessions.
MANN, Hannah (24, servant), pleaded guilty of forging a banker's cheque for the payment of £2 10s. 6d., with intent to defraud; stealing one cheque form, the goods of George Thomas Edgington, her employer.
The Recorder discharged prisoner, Miss Richardson, of Halstead, Essex, undertaking to take charge of her.
LEESON, Thomas (73, butler), pleaded guilty of marrying Emily Hawkins, his wife being then alive. The first wife of prisoner died in 1895, and in May, 1890, he married a second time, the second wife being, it was stated, a woman of very bad character, who was sentenced at Clerkenwell to 20 months' imprisonment for obtaining goods by false pretences. While sue was undergoing sentences he made the acquaintance of prosecutrix, who is a cook. He represented himself to be a man of means, and suggested that they should travel about together. Ultimately he persuaded her to go through the form of marriage. He was formerly in the army.
The Recorder directed prisoner to enter into recognisances to come up for judgment if called upon, observing that he was a somewhat ancient bigamist.
Mr. Lionel Benson, prosecuting, said his client was the only representative of the family of Munkettrick, and keenly felt the scandalous libel prisoner had published of him. Prosecutor and he were formerly interested in co-adventurers in some financial transaction. Prisoner borrowed certain sums of money from prosecutor, and, in consideration of that, assigned to him his interest in a patent. Prosecutor afterwards removed certain goods which he considered to be his own, whereupon prisoner wrote to him an extraordinary post-card, describing him as a thief. He also laid an information against Mr. Munkettrick for stealing, but the Essex magistrates dismissed the case without calling on the defendant.
The Recorder ordered prisoner to enter into recognisances to come up for judgment if called upon, and to pay the costs of the prosecution. It was also agreed that an advertisement of retraction and apology should be inserted in "The Times" and the "Glasgow Herald," the terms to be agreed, and the matter to be mentioned the first day of next sessions.
KYTE, George (31, agent), pleaded guilty of forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for 'the payment and of the value of £1 15s. 11d., with intent to defraud; obtaining by false pretences from Laura Golding the sum of £1 15s. 11d., with intent to defraud.
Two previous convictions of a minor character were proved.
Sentence, One month's hard labour.
GRANT, Edith (19, factory hand), pleaded guilty to an indictment charging her that having been delivered of a certain male child she did by a secret disposition of its dead body endeavour to conceal the birth thereof.
The offence was committed on March 10. Prisoner was earning 93 a week of which she paid 7s. for her board and lodging. The body was found in the dustbin of a house in Gray's Inn Road, and it was stated that the girl did not know what had come away from her.
The Recorder passed a nominal sentence, and prisoner was discharged to the care of the Rev. Thomas Phillips, of Bloomsbury Chapel, who has charge of a home, which the girl will leave to enter domestic service out of London.
Prisoner was for 20 years employed as hall porter at the Board of Trade. He was married in 1896 and has four children. Prisoner handed in a written statement, in which he stated that he married prosecutrix because she pressed him to do so on account of her condition, but this she denied on oath, stating also that there was no improper intimacy before marriage.
Sentence, 18 months' hard labour.
STAPLES, Albert (39, labourer), and TULEY, Walter (42, labourer) ; robbery with violence upon Louisa Gough Cook and stealing a bag containing certain money, to wit, the sum of £11 6s., her goods and moneys.
Mr. Godson Bohn prosecuted.
LOUISA GOUGH COOK , married woman, 26, Herne Hill. On March 15, about 7.30 p.m., I was in Bird in Bush Road, Peckham. I had been collecting rents that afternoon, and had £11 6s. in a purse in a bag. I did not see prisoner Staples until he pounced on me. I always carried the bag in my hands instead of by the handle. He dragged at the bag, but I held it firmly. He then punched me in the breast and in the mouth, loosening all my front teeth. The buttons were torn off my coat and the fur torn from inside. Finally he got the bag away. Of course, directly he got away I commenced to chase him. He had only got a few paces when he was stopped by a young man named Peagum, a very brave young man I thought he was. I never lost sight of prisoner, who struggled a long time, and fought this young man. Immediately Staples got away two other men seemed to join him. Prisoner passed the bag to some one, but I did not see to whom. It was afterwards found by the police. The money, of course, was gone. I had to be in bed for nearly a week afterwards. I am feeling better now, but I have such frightful nights. I wake up feeling as if some one was killing me, and I shout in my sleep. It has had a frightful effect on my nerves. I feel as if somebody had got hold of me and was going to murder me.
THOMAS PEAGUM , printer's assistant, 5, Bateman Square, Peckham. On March 15 I was in this locality, and heard shouts of "Murder" and "Police," and went in the direction of the sound. I saw three men running from Ledbury Street. One was prisoner Staples and a second man had the appearance of Tuley. Staples had a bag like that produced clenched in his hands. I ran across the road and stopped Staples. I was attacked by another man who appeared to have a blue suit on, and struck me in the eye. Staples called to Tuley to knock me off. Staples threw me down, and my coat was torn. The bag was dropped, and I trod on it. I got up and caught Staples again, and held him till I got the aid of a constable. The third man rushed round me and made off. Whether he had the bag or not I do not know.
THOMAS GRAY , carman, 74, Bird in Bush Road. On March 15 I was in this road and heard cries of "Stop thief." I saw two men running in Ledbury Street, with prosecutrix running behind. I followed Tuley into the Kent Road and when a constable came along gave him in charge. I never lost sight of him. I did not see anything of the actual robbery. I saw Tuley struggling with Peagum to help Staples to get away. I had a friend with me named John Adams.
JOHN ADAMS , Bird in Bush Road, greengrocer's assistant, gave similar evidence. In company with last witness he heard cries of "Murder," "Police," "Stop thief," and went to the assistance of Peagum. Tuley was standing by, and when he found Staples was taken he went away. Witness followed him with Gray to the Kent Road, where he was given into custody.
detained by Peagum. I took Staples into custody. Prosecutrix came up, and said he had just taken her bag and had punched her in the chest. I took him to the station.
Police-constable JAMES BEACHMAN , 43 P. R. In consequence of a communication made to me by witnesses Gray and Adams, I took prisoner Tuley into custody. I told him I should take him into custody for being concerned with another man in stealing a purse from a lady. He said, "I know nothing about the purse. I have just walked from Westminster."
Detect ve-sergeant HEDGES, P Division. I was at the station when Tuley was brought in. I saw Staples detained at Peckham. He said, "Tuley did not have the bag. We had been to Westminster and came home together. I got the bag. He did not take it. I was hungry and wanted some money." When Tuley was charged he said, "I was not with him." The bag was handed to me two days afterwards by Miss Lewis, of 36, Nutcroft Road, Peckham, who picked it up in her front garden, about a quarter of a mile from the scene of the robbery. It contained only private papers and memos.
Staples's statement was to the effect that there was no violence, and that he simply held the prosecutrix while he took the bag. He came out to look for work, and had been to six or seven places. His children had nothing to eat and no firing. When he went home in the evening one of the children's boots fell off its feet. He went out again to see if he could hear of anything for next day, and seeing the lady with the money in the bag tempted him. Tuley's statement was "I know nothing about it."
Verdict, Staples, robbery with violence; Tuley, robbery without violence. Staples had been convicted as a suspected person in March, 1906, at Greenwich Police Court.
Sentences, Staples. 15 months' hard labour; Tuley, Six months' hard labour.
The Recorder said that Pegum had, in his opinion, behaved with conspicuous courage in tackling Staples and holding him until the police came up. But for his courageous conduct Staples would certainly have got away. Peagum deserved the thanks of the community for his courage, and he would receive the sum of £1 in addition to his expenses.
BEFORE THE COMMON SERJEANT.
(Wednesday, April 21.)
Mr. H. T. Wright prosecuted.
Prisoner was stated to be of good previous character out of drunken habits; he was put back till Friday, when Mr. Spencer, of the Church Army, undertook to find him employment and to report.
Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.
MARTINI, Henry (20, salesman), pleaded guilty of feloniously uttering, knowing the same to be forged, a certain request for the delivery of goods with intent to defraud; attempting to steal two pairs of sleeve links and one dozen pairs of socks, the goods of Samuel Hope Morley and others. Prisoner confessed to having been convicted at the Guildhall on August 4, 1906, in the name of Henry Severin Turner, receiving six months' hard labour for obtaining goods by false pretences. He had also received at West London on May 11, 1904, two months' hard labour for feloniously obtaining, and on October 22, 1904, six months' hard labour for stealing a motor bicycle.
Sentence, 12 months' hard labour.
MEW, George Edgar (solicitor), and STONE, John (34, clerk) ; both feloniously forging endorsements upon two orders for the payment of money, to wit, two cheques for the payment of £2 18s. 5d. and 10s. 6d. respectively, with intent to defraud Davis Rosenthal, and feloniously uttering the said cheques well knowing the said endorsement to be forged; both being entrusted with the said cheques in order to pay the same to Davis Rosenthal, did fraudulently apply the same to their own use and benefit.
Mr. Bodkin, Mr. Leycester, and Mr. Stanley R. Crawford prosecuted; Mr. Coumbe defended.
DAVIS ROSENTHAL , 29, Plummer's Row, Whitechapel. I was an agent to the Progressive Insurance Company, whom I left in November, last year, owing to a dispute. I claimed £6 16s., which the company disputed, and in December, 1908, I saw Stone, who I thought was a solicitor, at Mew's office, in Commercial Road. I showed him my agreement with the company, asked him to write for the £6 16s. due to me, and paid him 2s. 6d. for doing so. I afterwards saw Stone in Mew's presence, asked him to write another letter claiming an arbitration, and paid him 2s. 6d. for doing so. I afterwards saw both prisoners, when Stone said they had received a postal order for 10s. 8 1/2 d., which they would keep until the matter was finished. Stone stated that an arbitration was agreed to. I appointed Goodman, my cousin, as my arbitrator. The arbitration took place on February 12 and 15; Stone attended; I was awarded £3 9s. 1d. I was the only witness. The arbitrators awarded the guinea costs to be paid 10s. 6d. each by me and the company. Stone afterwards said, "I am sorry they only awarded a guinea, otherwise we could claim more from the company." Nothing was said about costs before the award. Stone, in Mew's presence, told me to call in a day or two and he would get the money from the company. I called and saw prisoners three or four times; they told me they had not received the money. On February 27 I received bill of costs and cash account (produced) stating the costs at £6 10s. 2d., crediting receipts on January 8, 1909, 10s. 9d.; amount of award, £2 18s. 5d.; costs awarded by arbitrators, 10s. 6d.; and showing a balance due from me of £2 10s. 6d. The letter states, "As requested I herewith
send you account of my charges, together with cash account showing a balance of £2 10s. 6d. due to me." There are charges of 3s. 6d. each for the two letters. I noticed credit was given for £2 18s. 5d.—the money I had been told prisoners had not received. I wrote to Mew about it. (Letter called for; receipt of same denied by prisoners.) I afterwards saw the prisoners at their office and said to Mew, "I have come for my cheque"—as I had it from the company that he had received the cheque. Mew said that he had received it, that Stone had signed and cashed the cheque, that it was not his fault; he said, "Come to-morrow and I will pay you the money—I will settle with you." Nothing was said about the amount of the cheque or whether any money was due by me. Stone said to Goodman, who was with me, "I have signed the cheque, but a solicitor may sign a cheque on behalf of the client." Nothing was said about the bill of costs or the charges; he did not ask for costs. He said, "Come to-morrow at half-past 12 and I will give you your money—I will settle with you." Mew said that. I went the next day and only saw a clerk—I have repeatedly called and have not got my money. I then applied to the police. When I heard from Goodman that they had received the cheque, I went to the Law Society. I had an appointment with the police for Monday, March 15, to apply for a warrant. As I was going there I saw Mew outside his office in the street and said, "Look here, Mr. Mew, you have promised that you will give me the money every day at 12 o'clock, but you were not at the office. Don't you think that I do not know that you have forged my name, so I will give it over to the police; I will take a warrant out; I will lock you up." He said, Come to-morrow and you will get your money"—this was on the Sunday. On the Monday I met him outside the Court and told him, "I am going to take out a warrant." He said, "Do not go; I will give you £3." I said, "I cannot take the £3 now because I have got an appointment with the detective." He then went with me to the Court and waited outside. I gave information and a warrant was taken out. Cheque (produced) of February 17, 1909, "Pay D. Rosenthal or order £2 18s. 5d.," was shown me by Mr. Roberts, the solicitor to the company. The endorsement is not written by me, and I have not received the money. I gave no authority to Stone to sign my name. I had no knowledge that he had done so until Roberts showed me the cheque. The arbitrators fixed Mew's costs at £1 1s., of which I was to pay half. I told Stone that he had received the half-guinea from me by the postal order for 10s. 8d., which had been sent to him by the company before the arbitration. Neither Mew nor Stone told me they would charge me anything further.
Cross-examined. Since I took out the warrant I have been working as an agent. I have received 3s. 6d. from the Court. I never told Stone that I should be paid by the insurance company if I went on with the prosecution. I paid two half-crowns for two letters written about my claim. I had an execution in my house for rent, in reference to which Stone wrote two letters for me, for which I
also paid him two half-crowns. That was in addition to the letters he wrote to the insurance company. I cannot remember how many letters he wrote. I never complained that Mew had omitted the 5s. from his cash account. I saw that he made me his debtor for £2 10s. 6d., and that he had charged for two letters; I did not point that out to him. I have been dozens of times to his office—I have been constantly there. I told the magistrate I paid him two half-crowns for the letters he wrote to the company. I saw Stone two or three days after the award was made—I took the award round to him on the first Saturday after it was made. Stone said, "You must leave it for a few days." He did not say a cheque had been received and that he would make out a proper bill of costs. Afterwards Mr. Roberts showed me the cheque, and I went to Stone and said, "I know you have received the cheque." He said, "Yes, I have received the cheque; come to-morrow and you will get your money." That was on February 27. He then said, "I have to make you out a bill of costs." He did not show me the cheque. Goodman told me he had received his £1 1s. as arbitrator. I saw Mew between February 20 and 27. I told him that he had received the cheque and he admitted it. He did not tell me he would send me a bill. On February 26 he wrote to me the letter produced stating, "As requested, I herewith send you account of my charges," and making a claim upon me for £2 10s. 6d. I did not take any notice of it because I knew he was to only have a guinea which he had received, and 5s. for the letters. I never asked him for an account. I was there the day before that—in the evening—and I said, "If you do not give me the money, I will call a policeman," so they turned the gas out and left me. After I got the letter I went there with Goodman and saw Mew, Stone, and the clerk King. I did not say that I had received the bill of costs and that I wanted the whole of the £2 18s. 5d. Mew did not refuse to give me the whole of the money. Mew did not say if he paid me the money and tried to sue me for the costs, I should have gone away to America. I wanted to go to America. My cousin told Mew that I wanted the money to buy my ticket. I had two tickets for myself and my two little children to go to America. Mew did not say that he would give me £2 if I would deal fairly about the costs. He did not say, "If give you £2, will you go away and be quiet?" I told Mew that his clerk had signed my name to a cheque—that Mr. Roberts had shown it me. Mew said, "It is not my fault—it is Stone's fault—but come to-morrow and get your money." Stone did not then say, "A solicitor may sign a cheque on behalf of his client." Mew said, "If you come to-morrow at 12 o'clock, I will pay you"—that he knew that Stone had done a wrong thing in signing my name on the cheque.
At this point the Judge suggested that it was impossible for the Jury to convict Mew and that it would be quite unsafe to convict Stone.
The Jury returned a verdict of Not guilty.
MARTIN, Gottfried (22, dealer), and TAYLOR, Horace James (42, printer) ; both conspiring, combining, confederating and agreeing together with divers other persons to print and cause to be printed for sale divers sheets of music in which there was then subsisting copyright, without the consent in writing of the proprietors thereof, and knowing such sheets of music to have been so unlawfully printed, did unlawfully conspire to sell, expose for sale, and to have in their possession for sale such sheets of music so unlawfully printed, without such, consent as aforesaid, and did unlawfully conspire by the means aforesaid to defraud, injure, and prejudice the said proprietors, and unlawfully to deprive them of the profits arising from their property in the said copyrights, to the great damage of the said proprietors.
Mr. Travers Humphreys and Mr. H. D. Harben prosecuted; Mr. David Rhys defended Taylor.
Martin pleaded guilty.
Detective-sergeant WILLIAM SMITH , J Division. On February 5, 1909, at 8.45 a.m., I saw the witness Mansfield outside No. 196, Cassland Road, Victoria Park, with a donkey and coster's barrow, containing 16 cases. The name on the barrow was "F. Martin." I took Mansfield to the police station on suspicion of being in possession of stolen goods. He was brought up at North London, remanded, and ultimately discharged. On February 5 I obtained a warrant to search 196, Cassland Road. I there found 72 cases containing 32,173 copies of pieces of music, which were afterwards shown to Mr. Preston, chief agent of the Music Publishers' Association. The music was that of 54 different songs. There were five copies of "I am wearing my heart away for you"; 680 copies. "Merry Widow Waltz"; 1,450 copies "Thora"; 50 copies "The Whistler and his Dog." On February 12 I obtained a warrant and arrested Marten.
Sergeant RUSSELL STAFFORD , H Division, warrant officer, Thames Police Court. On February 8 I was entrusted with a search warrant and searched a loft at 8A, Morris Road, Poplar. I found 762 pieces of music, comprising 17 different songs, which were shown to Mr. Preston. They include four copies, "I am wearing my heart away for you"; four copies "Merry Widow Walts"; two copies "Thora" I also found the Roneo duplicating machine produced and three catalogues. The Roneo duplicator had upon it the catalogue of songs, including, the four songs above mentioned. I also found a number of cards in the name of G. T. Turner (produced).
MARIA DICKENS , 196, Cassland Road, Victoria Park, wife of Frederick Dickens. On January 26 Martin hired a shed at the back of my premises at 1s. 6d. a week—he said he wanted it for storing old boxes. On February 5 he called at my shop. I have not seen him since except at the police court. (To the Judge.) I do not know what was put into the shed.
Cross-examined. I do not know Taylor.
JAMES JONES , 8A, Morris Road, Poplar, wheelwright. In October, 1908, Martin, in the name of Read, rented of me a stable—he said he wanted it as a waste paper and general dealer. He used to come there once or twice a week with an old man who had a donkey barrow—Mansfield, who brought a variety of things—furniture, old
iron, timber, boxes and tubs. He had a key of the loft, and could come in and out when he liked. I have never seen Taylor.
WILLIAM MANSFIELD , 296, Devon's Road, Bow, costermonger. I have known Martin seven years by the name of "Red Martin." About eight months ago I met him accidentally when I was selling a few oranges in the street. He asked me if I could do with an old donkey and barrow—I accepted it. A few weeks afterwards, when I was in the Burdett Road, he met me and asked me whether I would do a job for him west. I met him at five am. the next day near Limehouse Church, and we both went to Red lion Square—I with my barrow and he on a bicycle, arriving there at six a.m. Martin went down Red Lion Court and brought out a number of paper parcels—seven or eight, like the parcel produced, but four times as big. I took them to a warehouse in Morris Road. I have done that about six or seven times; I have seen him undo the parcels and that they contained music. I generally went to Red lion Square at six a.m. About February 4 I took things to Caseland Road—I took two loads of sundries—partitions, empty boxes, and other things—tables. On February 5 I was arrested with 16 cases in Cassland Road. I got them from a place in Caley Street, Limehouse, from a man of the name of Wardell. Martin told ma to go and get them and to take them to "the warehouse"—he meant in Morris Road, hut he had told me that he was going to clear everything out from Morris Road, so I took them in mistake to Cassland Road. There was no one there to take them in and the police took me into custody. I did not understand it was pirated music which was not allowed to be sold. I have met Martin also by appointment at the Horse Shoe coffee shop, Mile End Road. At Red Lion Court some boys helped Martin to bring the things out to my barrow. On one occasion, about Christmas time, I saw a man there who gave me sixpence to get a drink. It was very dark, and I should not know the man.
Cross-examined. The house in Red Lion Court, the place Martin went into, was one or two doors from a beer shop. I stood outside the court with my barrow. I may have gone half way into the court to take a parcel. I have never seen Taylor to my knowledge.
Police-constable JAMES GOODCHILD , 76 E. On March 29 I received a warrant, granted at Bow Street, to search No. 9, Red Lion Passage, Holborn, and went there with Mr. Preston and Sergeant Smith. It is a turning out of Red Lion Square. There is a beerhouse next door to No. 9, and No. 9 is about twelve yards out of Red Lion Square, I saw Taylor in a printer's shop on the ground floor. I told him I had got a warrant to search the premises. He said, "You can search where you like, you will find nothing here." I searched the ground floor and basement, in which there is a gas-engine. On the ground floor I found a litho printing machine and about thirty litho stones, three of which are produced. I sent for Robert Palmer, a lithographic music printer in the neighbourhood. He treated some of the stones, and revived the impression on the three produced, one of which shows "The Whistler and his Dog" another "Thora," and
the third "The Merry Widow Waltz." I found a roll containing a transfer of a song, "I am wearing my heart away for you" (produced) ready to be printed on the stone. Taylor said, "I have not printed any music for years." Afterwards he said, "I have not done any since I was in the Willetts crowd."
Cross-examined. I only went into the ground floor and basement. I do not know whether the upper floors were occupied or not. I found no copies of songs.
(Thursday, April 22.)
GEORGE JOHN FOSTER , clerk to Oliver, Richards, and Parker, 16, Warwick Street, Regent Street, solicitors to Mr. Rivel. the landlord of 9, Red Lion Passage, Holborn. Taylor has occupied the ground floor and basement of those premises since December 20, 1907. During that time no one has occupied the first floor. Henry Usher, patent ink bottle manufacturer, has occupied the second floor. In 1908 there has been no other tenant. There has been no other printer there except Taylor.
Cross-examined. Hudson formerly occupied Taylor's premises, and we put in a distress in October, 1907. Usher was Hudson's subtenant, and after Hudson left I used to collect the rent each Monday from Usher. Taylor used to pay his rent quarterly, but he has not paid regularly, and I have constantly visited the premises. I invariably went into the first floor—the rooms were always empty. Within the last three months I have been about twenty times in the first floor room—no goods were in the place. There was a window broken on the second floor in the lavatory, and also one in the skylight. A Mr. Gimp son was allowed by Mr. Rivel to have his name up on the second floor; it was simply a name written on an envelope; he had no goods there.
Re-examined. I have seen no printing machines on the first floor. There has been nothing done there for the past eighteen months.
Police-constable WILLIAM WOOD , J. On March 31, at 3.30 p.m., I saw Taylor at 9, Red Lion Passage I told him I was a police officer and held a warrant for his arrest, which I read to him. I met him in the door leading to the workshop on the ground floor. When I read the warrant, he said, "That is wrong." The warrant charged him with conspiring to publish pirated music. When he said, "That is wrong," I think he referred to the Christian names not being in proper order. He said, "I did some music years ago for Willetts. I should not have taken on with this last lot only I was hard pushed for a job. A friend of mine advised me not to have anything to do with it." When charged he made no reply.
Cross-examined. The warrant is against "Horace James Taylor for unlawfully conspiring with Gottfried Martin, Johnson, and other persons unknown, to print and cause to be printed and offered for sale divers sheets of music of which there is a subsisting copyright, and well knowing such sheets to be unlawfully printed conspiring to sell, publish, and expose for sale, and to have in their possession for
sale; conspiring by means of fraud to injure and prejudice the proprietors of the copyright." It is a charge of conspiracy to print, cause to be printed and to have possession of. I read the warrant to him word for word. He said, "A friend of mine advised mo not to have anything to do with it." I do mot remember his saying, "And I did not"—I did not draw that inference from his statement;. I simply took a note of what he said.
Re-examined. He said, "I should not have taken on with this last lot but that I was hard pressed for a job."
CHARLES WHITTLE , 27, Broadwall, Blackfriars, labourer. I know Martin as "German George," "George Martin," and "George Turner." I know a man named Jackson. On October 25 I had instructions from Preston to go to the Horse Shoe coffee tavern, Mile End Road. After waiting there a little while Jackson and Martin rode up on bicycles. I asked them if they had any "gear," meaning pirated music. Martin said to Jackson, "You serve him." Jackson asked me what I wanted, and I wrote out my order and gave it him. He was away for 10 minutes or a quarter of an hour, gave me a parcel of music, for which I paid him 1s. 6d., and which I handed to Mr. Preston.
Cross-examined. I have never seen Taylor.
CHARLES ERNEST VINCENT , Horse Shoe coffee shop, 536, Mile End Road. I have known Turner by the name of Martin for nine or 10 months. I also know Jackson—I have not the slightest idea where Jackson is now. I have seen Martin and Jackson at my shop about once a week during the last nine or 10 months—they may have called three or four times in one week and I might not see them again for a long time. I have seen them both in possession of music. They have brought a large parcel in, made up smaller parcels, and left. They have met hawkers at my shop. Turner used to have letters addressed to my shop—the last came about March 30, the day before the last hearing at the North London Police Court (produced). It has on it, "If not received return to J. Riley, 3, Dewhurst Street, Rochdale Road, Manchester," addressed to G. Turner. Similarly addressed letters have come which I have banded over to Martin.
WILLIAM SMITH , recalled. I also found at Cassland Road two letters produced. One is "7. 1. 1909. If you will kindly send me a lis of what you have got in stock I will send you a good order by return. I bought a lot of stuff of you about two years ago when I lived in Sheffield. I got some good orders from there. I am serving a lot of the boys here with Marks and Smith stuff, but they want something that is better known. I got this address from a chap what is selling a lot of your stuff about Yorkshire. I did him a good turn once and he never forgot it, but you will remember my sending to you from Sheffield. You will find me a good customer if you have anything decent in, and if you deal as straight as you did two years ago. Please let me hear from you soon if you can—you will greatly oblige. Send to this address—R. Perry, 44, Bedford Street, C. on M., Manchester. "C. on M." means Chorlton-on-Medlock, a
suburb of Manchester. The other letter is "12, Five Bells Lane, Rochester. February 3. Mr. Turner. Sir,—I am sorry that I could not answer your postcard before, but I was very ill, and I will give you a better order next time. I received goods, but only nine of 'Love me and the world is mine,' and a few 'Merry Widows.' All the other stuff I cannot sell just now. If you could, please send me the following: 'Merry Widow' love me and the world is mine,' 'Down the vale,' together with others. I will send 2s. extra—will oblige. Willie Page. P.S.—As early as you can."
Chief Inspector JAMES BROOKS , Rochester City Police. I know Mrs. Payne, of 12, Five Bells Lane, Rochester. On March 27 I was entrusted with a search warrant granted by the Rochester City Sessions, under the Musical Copyright Act, to search her premises. I saw Mrs. Payne, and in consequence of what she said went to the house of Mrs. Smith, Medway Street, Chatham, where I found a box containing 49 pieces of music, of which I produce a list. Copy Merry Widow Walt," "The Whistler and his Dog," and two copies. of "Thora," produced, were in the box. They bear no publishers' name. There were also five copies of "Love me and the world is mine." I also found postcard produced, addressed "Mrs. Payne, 12, Five Bells Lane, Rochester," from "13, Junction Place, Amherst Road, Hackney. Dear Madam,—Received your order this evening (Wednesday). Will be sent away to-morrow (Thursday). Kindly send all orders to above address and they will be promptly attended to. If you send to Mile End the order may fall into Jackson's hand and I do not want to see you get messed, so I will do it personally myself.—Tours, G. Turner." All these exhibits have been shown to Mr. Preston.
ROBERT PALMER , lithographic music printer, employed by George Udloff, 34 Eagle Street, Holborn. I have had 20 years' practical experience. On March 29, by request of the police, I went to 9, Red Lion Passage, and examined a number of lithographic stones, three of which are produced. In printing genuine music for a composer or artist the song or dance is sent to an engraver, who engraves it on a pewter plate. This is transferred on to the stone and an impression is taken, corrected, etched up on the stone, and gummed up, and the work is ready for printing. All copies of pirated music are written by hand or traced on to transfer paper by copying from the genuine copy, put on the stone and printed in the ordinary way. When I saw the lithographic stones at Red Lion Court I considered that work had been ground out of the stone with sand within two or three days—an impression had been cleaned or cleared off. What led me to that impression was that the sand which had been used, and which goes over the edge of the stone, was wet. Had the stones been ground a long while previously the sand would have been perfectly dry. I treated the stones to see if I could find any trace of the work that had been on them, and I got up the impressions as they are now on the three stones produced. One of them is "The Merry Widow Waltz," another "The Whistler and His Dog," and the third is "Thora." They are now as I left them on March 29.
By further work I could bring up the impression better. If the work had been ground right out of the stone I could not have reproduced it. In my opinion the work had been on the stones for some months. A printer might have run 50,000 copies off the stone in a week. I have examined the three copies produced—"Merry Widow Walts," "Whistler and His Dog," and "Thora." I measured where the lines are irregular, or where there are blemishes. I find that every blemish on the stone tallies with the copy. I should say beyond all reasonable doubt they have been produced from those stones. I do not recollect whether Mr. Preston was present when I was working on the stones. The stones were dry when I first found them.
Cross-examined. The whole of "The Merry Widow Walts" is not on the stone—only four pages. There were other stones which. I treated and did not find an impression. After the impression is on the stone it is possible to get a retransfer from it which could be used on another stone. If you apply that retransfer and the ink is allowed to stand a considerable time, the ink sinks more into the stone than in the ordinary way of working, but no lithographer would allow the ink to lie on the stone, as it is of a greasy nature and would run. It would sink deep if allowed to stand a considerable time. I do not think that has happened in this case, as the ink would have run more. A transfer and a retransfer are exactly the same—the second is practically the same as the first, but the paper might stretch. I could not tell you whether the impression on these stones is from a transfer or a retransfer. I can swear that both copies of "Merry Widow" (produced) have been printed off the one machine—from the same stone; I could not say whether from a transfer or a retransfer. I am not prepared to say whether the two copies "Whistler and His Dog" are printed off a transfer or a retransfer; I am prepared to say they both came off the same stone. I cannot say if the two copies of "Thora" are from a transfer or a retransfer—they are from the same transfer, directly or indirectly. It is quite possible to place a retransfer on another stone and get an impression exactly the same as from the first, but not with the same spaces—the paper is liable to stretch—it could not be done so as to get them exactly alike. I can prove that the two copies "Whistler and His Dog" have both been taken from the same stone. There is every reason to believe that the two "Thoras" came off the same stone—I could not absolutely swear to it. In some cases it is difficult to grind the work off the stone if the work has been standing very long; in other cases, where the work has not been standing long, it is easy to get it off with a bit of rough gritstone. If the work had keen on a long time it would require grinding with sand and repolishing. If you grind enough you can get out any mark.
Re-examined. With a retransfer you would find the work identical, but not the spaces on the stones. I measured the spaces in one copy of the "Merry Widow" and found they tallied with the stone. (Witness was asked to compare copies of "Thora" and "The Whistler and his Dog" with the stones which he did.) The spaces
are exactly the same. (To Mr. Rhys.) The man who put them on the first stone had made a mistake and put them down badly. Those mistakes in the placing of the four pages of music are repeated in the other copies.
ARTHUR PRESTON , chief agent, Musical Publishers' Association, Queen's Hall, Langham Places I am authorised in writing under the Statute to act for all members of the association. I have the authority with me. I have been shown a number of sheets of music found by the police, including five copies of "I am wearing my heart away for you," the copyright of which is owned by Sheard and Son. I produce certificate of copyright under the Act of 1842 dated July 11, 1906, for the words and music. The copyright of the "Merry Widow" and "The Whistler and his Dog" is owned by Chappell and Co., Limited; "Thora" is owned by Boosey and Co. I produce certificates of copyright. I have had many years' experience in examining pirated copies. Copies produced of "Thora," "Whistler and his Dog," and "Merry Widow Waltz" are pirated copies. The copies of all three "Merry Widow Waltz" are identical with the stones produced. I Have examined 32,173 copies of music found in Cassland Road; they are all pirated copies of copyright musical works; also the 772 pieces found at Morris Road; also the 49 pieces found at Mrs. Payne's, at Rochester. I examined the 16 cases which Mansfield was found in possession of. They consisted of 10,000 copies of "My Ain Folk," all pirated copies of a musical work, the copyright of which I produce, owned by Boosey and Co. On October 25, 1906, I instructed Whittle, gave him 1s. 6d., and saw him go into the Horse Shoe coffee shop. I saw Martin and Jackson go into the coffee shop; Jackson came out and returned in about a quarter of an hour, when Whittle came out and handed me roll produced containing 16 pirated copies of songs, including copy of "Merry Widow Waltz," which I have compared with the other copies produced, and which, in my opinion, is identical with them; they possess the same blemishes, some of which are very striking. Whittle also handed me list of songs produced which, in my opinion, is in Martin's writing. I was present at Rochester when Inspector Brooks found a number of songs at Mrs. Payne's, including copies of "The Whistler and his Dog" and "Merry Widow," which, in my opinion, were printed from the stones produced. I have not examined the copies of "Thora" I saw the work done upon the stones by the witness Palmer at Red Lion Passage.
Cross-examined. I nave not done lithographic printing myself, and my opinion that these copies were printed from the stones produced is only the opinion of a man who knows what you all know.
EDMUND WALTER CHURCH , clerk to Henry Percy Butcher, solicitor for the prosecution. I have seen Martin write. Postcards signed "G. Turner," found at Mrs. Payne's, and list of songs produced are in his handwriting to the best of my belief. The man Willetts referred to by Taylor was prosecuted in December, 1905, for piracy and conspiracy, and convicted in this Court in January, 1906.
HORACE JAMES TAYLOR (prisoner, on oath). I have been a lithographic printer for about 25 years, and have occupied the ground floor and basement of 9, Bed Lion Passage. The first floor and top floor have been empty ever since I have been there. The front door is usually open. It can be very easily opened with any key. I have seen it open early in the morning and late at night. Martin came to see me once or twice within the last three or four months. He came just before Christmas and asked me to do three or four stones from four transfers. At that particular time I had a distraint in my house, and I undertook to do them, and had got ready three stones out of the four when a friend named Wallace came in as I was getting the last stone ready. He said, "Do you know there is a reward out for one of these things—you are a fool to go on with it." I pulled a retransfer off the three stones and left them for Martin (whom I knew as Turner) to call for them. I did not print any copies of the three songs. The copy of "Merry Widow" produced is undoubtedly printed from a retransfer; not from the impression I placed on my stone. The two copies of "Thora" are from retransfers. I at no time printed any copies of music from these stones.
Cross-examined. I understand I am charged with conspiracy—I do not see where it comes in. I have known Martin casually for four or five years, as a waste paper merchant. Quite recently I knew he was dealing in pirated music. He used to come round for waste paper—he had a cart with the name of "Turner, waste paper dealer." I knew it was criminal to print or sell pirated music. At Christmas Martin brought me copies of songs with the transfers. I do not know where he got the transfers made and did not ask him. I knew the copies were pirated, and understood I was being asked to print pirated music, which I knew to be wrong. I agreed to do it because I was hard up. Before that I had 'heard that Martin was dealing in pirated music—that he had been doing so since August—about eight months ago. About that tame I met him and he told me that he thought of starting in this line. I refused to have anything to do with it at that time. If Mansfield used to come to Red lion Passage about eight months ago he did not take the parcels of music from my place—they were stored in the empty place upstairs. I knew that Martin used this empty place to store his music—sometimes on the first floor and sometimes on the third floor; the second floor was occupied. He mentioned it. to me, and said as the police were watching one of his places he was afraid to go there; that was some time last year—somewhere about August—towards the end of August or September; I suppose he could not get the music away from the place where he stored it because the police were watching, so he stored it at Red Lion Passage. He used to bring it in the evening and take it away in the morning, as a rule. I should think he stopped doing it in March; I could not tell you exactly; I have not taken any interest in it. It was never stored there excepting
from night to morning. It was brought in at night and taken away the next morning time after time. Martin told me he did that because it was not convenient to go to the other place. He used the upper half of my place—it had nothing to do with my place. He had a key with which he used to open the front door—he must have had one. I did not live there; it was only a workshop. When I had put the work on the three stones Wallace came in and told me there was a heavy reward for one of these, and of course I did not do it. That was the first time I knew there was a reward out—that was October or November. These stones were prepared in October or November—all on one evening. I made up my mind I would not have anything to do with it, and on the following day I pulled retransfers, which Martin called or sent for a day or two afterwards. The transfers produced are for a fresh song sent afterwards, called "I am wearing my heart away for you." It had not been put on the stone at all. The transfer is accompanied by a copy of the song so that any mistakes may be corrected. It is a pirated copy. That was sent just before I told him I would not have anything to do with it. He asked me in October or November to do this, and I took on the job because I was hard up. I got the stones ready within a day or two; it was about six hours work to do the three stones. I should have printed as soon as I got the paper. Martin sent the paper. Then within a day or two Wallace came in—the same evening when I was transfering one of them. I think it was the "Merry Widow"—and told me about the reward. At that time I had not got the transfers of "I am wearing my heart away for you." I afterwards met Martin in Bishopsgate Street, and told him I would have nothing to do with them. He said he would call for them. I think it was after Christmas I got the last transfer, long after I had decided to have nothing to do with them, and long after Martin knew that I had decided to, have nothing to do with them. These transfers are traced from a copy, and would cost Martin some money. He said he would call for them. He told me he could not get anybody to do them. I did not inquire who was going to print them. I do not know Scobell. I think it is very difficult for any man to say that these copies were printed from those stones. I cannot now point out Any differences between the copies and the stones in the condition the stones are now. I could not say one way or the other. The spaces might be identical, as the retransfer would be done in one sheet. It is quite possible that the spaces would be identical, although the copies are printed from a retransfer. I took the retransfers to hand them back to him so that he could get them done somewhere else; they cost him money. I took the retransfers after Wallace came. Martin was entitled to have his transfer back. I made the retransfers in order that Martin might use them for getting pirated music printed by some other printer.
Re-examined. Martin handed me certain transfers. I decided to have nothing to do with the job, and I gave him back a transfer. I was never present upon the premises when the parcels were brought in. I never saw any music arrive or leave. I saw him taking
parcels in there one evening, but I could not swear there was music in them. He was at liberty to use the premises—in a sense they were public property; anyone used to go up there. I nave never bad any music stored on my premises, the ground floor or the basement. The police have often been in my place. Detective-sergeants Barr and Stevens called about a case they were interested in, and I gave them a little information. They have frequently been in my place at all hours of the day. I did not transfer the whole of the "Merry Widow"—only the inside four pages; that was all that was brought to me.
HUGH WALLACE , 8, Plum tree Court, Holborn, lithographic printer. Some time ago I called at 9, Red Lion Court and saw prisoner transferring some music to a stone. I asked him was it pirated music. He told me it was, and I strongly advised him to have nothing further to do with it. He promised that he would not do anything further with it. I believe he said he would have to pull retransfers and return them to the people who gave him the transfers. I have had twenty-six years' experience as a lithographic printer. I heard Palmer's evidence. In taking a retransfer, if it is done with a certain sort of paper, you could get it exactly the same, but using common paper there might be a slight shade of difference. Experts can tell whether it is a first transfer or a second transfer when it is badly done—if the transfer is pulled with rather a lot of ink on it splashes slightly, and the second transfer would be thicker than the first. Looking at the copy of the "Merry Widow," produced, the first page is a retransfer decidedly. Looking at "Thora," that is also a retransfer. The two copies of "Thora" produced are different; there is an imperfection in one which does not occur on the other. I have no doubt they are from different stones. Without further examination I could not tell whether either the copies of "Thora" are printed from the stone produced.
Cross-examined. When I saw prisoner preparing the stones I thought it was pirated music, because I had heard about it, and it is a very uncommon thing for us printers to do any music. Music printing is a special branch. I do not print music. I am not prepared to deny Palmer's evidence because I have not examined the stones. If you found similar imperfections upon two copies you might say in all probability they had come from the same stone. I do not dispute that. I could not say whether the copy of the "Merry Widow Waltz" is made from die stone produced, because I have not examined the stone. I could not say anything to the contrary.
Martin was proved to have been convicted on January 31, 1906, of being in possession of pirated music and sentenced to two months' imprisonment, or £10 fine and three guineas costs; also on January 1, 1907, at Thames Police Court sentenced to £5 fine or one month, for selling pirated music. Taylor was stated to have had an injunction against him in 1902 on the complaint of Hopwood and Crew, and also in 1906.
Sentence, Martin, 12 months' hard labour, on two indictments, concurrent; Taylor, six months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, April 21.)
THOMPSON, William (31, operator), pleaded guilty of stealing two spools and four cinematograph films, the goods of Herbert Crow; also to stealing two spools and six cinematograph films, the goods of Horace Liver and another; also to stealing three cinematograph films, the goods of Frederick Weisker and another.
He confessed to a conviction for felony in 1906 in the name of Albert Storer. Several other convictions were proved, dating back to 1891. It being stated that another charge against him was pending, he also pleaded guilty to that in order that the Court might deal with all matters against him up to date.
Sentence, Two years' hard labour on each indictment, to run concurrently.
PINE, Charles (34, carman), BLYTH, (John 25, porter), PAVEY, Arthur (24, labourer), ELSON, Chris (21, porter), WARSHAWSKY, Gershon (60, shopkeeper), WARSHAWSKY, Hyman (17, saleroom attendant), ROSENTHAL, Isaac (40, merchant), and ROSENTHAL, Benjamin (32, merchant); Pine, Blyth, Pavey, and Elson breaking and entering the warehouse of William May Clear and others and stealing therein a quantity of cloth and silk, their goods; Gershon Warshawsky, Hyman Warshawsky, Isaac Rosenthal, and Benjamin Rosenthal receiving the said cloth and silk well knowing it to have been stolen.
Mr. Muir and Mr. Frampton prosecuted; Mr. F. E. Smith, K. C., N. P., Mr. Basil Watkins, and Mr. R. Oldfield defended the Rosenthals; O. Mr. George Elliott and Mr. Macoun defended the Warshawskys.
CHARLES EDWARD POWELL , employed by Everett, Clear and Hayward, of 18, Charing Cross Road. It is my duty to see the premises closed, and I did so on Saturday, February 20 last, at 2.45, with this padlock (produced) and a bar. I was brought back by the police at about five that afternoon, when I found the padlock forced off and the door open. The place was in disorder. I could not tell then what was missing.
MATTHEW JAMES HALEY , employed by Henry Alford, of Wardour Street. When in the yard on February 20, about 2.45 p.m., Pine came to me and asked for a small van and horse, for which I telephoned to the oflice. I got them and went with Pine to Bear Street, Leicester Square, where I had a drink with him, and then to 18, Charing Cross Road, where I saw Blyth, Elson, and Pavey. They started loading the van with rolls of cloth. When we left Pine said, "Let me take the reins. I know exactly where to go as we are in
a hurry," and, knowing he as a carman, I let him drive. One of the others (I think Pavey) was with us in the van—we went to some premises, which I afterwards pointed out to the police. I think Pavey went into the shop. Blyth came out and they unloaded the van with the help of a man they got off the corner. They then drawed away to a public-house close handy and called for drinks for themselves and me, and paid the van hire (4s. 6d.), and sent me home. Pine came to the stable to see me next day. He gave me £2, and told me I needn't say nothing. Between that and Thursday I was seen by Inspector Fowler, and I went with him on Friday to Leman Street, where I pointed out the premises into which the cloth had been taken from Charing Cross Road.
Cross-examined by Mr. Elliott. I did not see the Warshawskys in the transaction. A man who is not here spoke to me in the public-house in Bear Street; a short, slim man, and fair, I should say. He conversed with Pine for a couple of minutes, and left. I never saw him again. He did not go to Charing dross Road.
Detective GEORGE HARRELL , H Division. Shortly titer 4 am. on February 20, I went to 18, Charing Cross Road to make an inquiry, and found the outer door open. I rang the bell but got no answer. I went in and found the padlock on the counter of the warehouse. It was damaged, and had been forced. I kept observation till some officers came, and I reported the matter and left the place in their hands.
LAZARUS NYBERG , carman to Mr. Lubin, of Holloway Street, Union Street, Whitechapel. I have known the Warshawskys for about two years. I saw Hyman outside my governor's stable on February 25 last, when he asked if we could let him have a horse and van. My employer let him have them, and I took charge of it, and drove to the Warshawskys' place in Leman Street as directed by Hyman Warshawsky, who was with me. We both got out, and he went, like, into a doorway. I followed him in, and he asked his father if the cellar door was open. He replied "Yes, it is open." He went straight through towards the cellar. I followed him, and another man came up from the cellar, an elderly man. I was to wait outside and he would hand the parcels to me, the elderly man handing them to him. Parcels in brown paper were handed to me by Hyman from the cellar. I put them in the van. They were larger and fatter parcels than these (produced). Gershon Warshawsky took no part in the loading. He asked me How many parcels I had in the van. I told him, and he said, "All right." I finished loading. I think I had nine or ten parcels. I was told to take the van to Hanbury Street. Before we started Hyman told me to pull my sheets down at the back of the van. You cannot then see what the in the van. It was dry weather, and there fore not necessary as a protection against wet. Hyman got into the van with me, and I drove to Hanbury Street (Rosenthal's). He jumped off the van and went into the shop. I pulled the sheets up, and started carrying in the stuff. We got there between 10 and 10.30. I was told to put the parcels in the corner, and when I had the last one off, like, I wanted to be paid the money for the job (2s. 6d.), so
I went from one department to the other. I asked Hyman, and he said he had no change. I think the Rosenthal with the black moustache gave him 2s. 6d. to give me. The following Sunday I saw an account in the papers of proceedings at Bow Street, and I communicated with the police. When we got to the shop Isaac raid, "You are quick back again."
Cross-examined by Mr. Elliott. The elder Warshawsky took no part in the proceedings. What I have said relates to the younger. I was at the street door; there are stairs leading down to the cellar and also to another floor. They would rather obscure the view if you were at the back of the stairs. The younger Warshawsky told me to wait at the corner and the old man would hand the parcels to him. That is not one of the men here or at the police court. He was a little man—rather sandy. The parcels were not properly packed in the van, but thrown in. I was responsible for that. It is usual to pull down the sheets to save the stuff falling off, and it looks neater.
Cross-examined by Mr. Smith. I have no doubt it was Isaac I saw. I saw them both I am sure.
Re-examined. The elder Warshawsky had hid hand up against the shop door, smoking a cigarette. He could see what too place. The tail of the van was up. The conversation I heard was between Hyman and Isaac.
PHILIP GLENSWICK , of Russell and Co., tailors, Fenchurch Street. Our premises are on the first and second floors. We display our goods in the windows above. I know the Rosenthals—Benjamin called upon me on February 24, about four o'clock—I was at the Cheapside branch and was phoned for by my partner. He showed me some samples of cloth—trouser lengths, 1 1/4 yards, and other smaller pieces (produced). I agreed to buy 150 1/4 yards single width at 1s. 6d.; 110 yards at 3s. 5d.; 360 1/2 yards at 3s. 3d.; and 201/4 yards at 4s. 6d. Nothing was said about delivery. The total I was to pay was £121 14s. 3d. I received invoices (Exhibits 12 and 13). One is in pencil and one in ink. We have not paid anything. I might mention that we have dealt with them for about 10 years, and we buy of them on an average once a fortnight tailors' trimmings and woollens, and we have paid them on account, if we buy a parcel of that kind, about £40 at the end of the week. If we feel disposed to pay more we do so. I was shortly after visited by the police. The goods were delivered on February 25 in two deliveries, when I was at the other branch. On Monday, March 1, I was present when Inspector Fowler came and the goods were identified by Mr. Clear as the property of his firm. They were all thin materials and dress coatings.
Cross-examined by Mr. Smith. I have had about 20 years' experience. We have dealt with Rosenthals in woollens, trimmings, buttons, trousers, and so forth—also cloth—nothing but job cloths in woollens—nothing in the regular lines. There was nothing unusual in his bringing samples of that kind. I think the figure was the regular job price for those goods, and I should not pay more.
Assuming that Rosenthals gave £111 for those materials, it would not be extravagant profit to them. I would expect to make 10 per cent. I have no doubt as to the value of the goods.
Re-examined. I purchased them all as job lots. You might term them bargains, but I should not in the regular way of trade. My father dealt with Messrs. Clear. They are a highly respectable firm.
Police-constable CHARLES PELL , 266 C. On March 16 I went to 28, Leman Street and made a plan. I went with the architect, who represented the parish (plan produced). The size of the shop premises is 15ft. 8 in. by 13ft., and the cellar basement 13ft. by 13 ft. 2 in. Not quite so large as the dock. A person standing in the doorway would not command a view of the cellar. There is a passage leading straight to the cellar. There is a vestibule there, and it goes straight into the shop. The distance from the street door to the shop door is 6 ft. 10 in. You could stand at the entrance of the shop and see anything taken from the cellar to the street.
Cross-examined by Mr. Elliott. The stairs leading to the cellar and those leading to the first floor would not obscure the view of a person standing in the doorway in regard to what was going on in the cellar. His view would be limited to the end of the passage where the staircase begins.
Detective-sergeant HUGH HUNT , C Division. About 2.30 p.m. on February 26 I went with Sergeant Prothero to 49, Queen's Buildings, Waterloo Road, and arrested Pine. He opened the door. I told him who we were and that we should arrest him on suspicion of having broken into the premises of Messrs. Clear on the previous Saturday with others. He said, "All right. I don't understand it. I don't know anything about it." He was then conveyed to Vine Street Police Station, where he was detained. I searched his rooms and found a quantity of children's new clothing.
Detective-sergeant JOHN PROTHERO , C Division. I was present with Hunt when Pine was arrested, and on the same day went with Sergeant Venner to a public-house in Rathbone Place, where we saw the three other prisoners, Blyth, Pavey, and Elson. I told them we were police officers, and they would have to go with us to Vine Street Police Station on the charge of breaking into 18, Charing Cross Road, and stealing a quantity of cloth, silk and velvet. Blyth said, "Pavey is at fault—we have had a good run." They were afterwards identified by Haley.
Detective-sergeant CHARLES VENNER , C Division. I went with the last witness at 3.30 p.m., on February 26, to Rathbone Place, and arrested Pavey, Elson, and Blyth. I asked Blyth his name, and told him the would be taken into custody on a charge of breaking into 18, Charing Cross Road. He made no reply. Outside he said, "Don't hold us so tight—we will go quiet." Pavey said, "We have had a long run and have come to the ditch." I searched Blyth and found on him £8 in gold. He was wearing a new overcoat, and the others all of similar material—new hats and new boots. With Sergeant Prothero I afterwards searched 32, Dunville Street, Lambeth,
Blyth's address, where I found a number of receipts, showing purchases of new clothes and boots on February 23 for £2 8s. 6d. They were charged at the police court the next morning, and said we had the whole of them.
Cross-examined by Mr. Macoun. I was not looking out for a man whose name has not been mentioned—Levi Rotter. I only dealt with a certain part of the goods. Sergeant Prothero may have had instructions.
Re-examined. Blyth said, "I hope you won't keep the case hanging about—you have got us all now."
Sergeant PROTHERO, recalled. At Bow Street Police Court I had instructions to look for Rotter, in consequence of & statement made by the defendant's solicitors. I went that day to an address given but did not find him. I do not doubt that such a man is in existence. I ascertained he resided there, but has been missing since I got the address.
Chief Inspector HENRY FOWLER , C Division. I received information of the robbery on February 20, about six p.m., and as a result of my inquiries I saw Haley on the 25th in company with Sergeant Henry. In consequence of what I ascertained I directed the arrest of Pine at 9.30. The following morning, February 26, I saw Pine at Vine Street Police Station, when he was identified by Haley. I told Pine what he would be charged with. He said, "All right, I had nothing to do with the breaking in." I told him he would be detained pending further inquiries. He then made a statement to me, in consequence of which I directed the arrest of Blyth, Elson, and Bavey. The same day, with Sergeants Henry and Smith., Mr. Clear, and Mr. Haynes and Haley, I went to Leman Street, Whitechapel, where Haley pointed out No. 28. The shop was occupied by Warshawsky and I went in and saw the senior Warshawsky. I said, "I am a police inspector and am making inquiries respecting a large quantity of cloth and silk that was stolen last Saturday. Have you bought any?" Inspector Wensley was also with me. He said "No, I know nothing about it." I said to him, "I have reason to believe that the whole of the property was brought here last Saturday afternoon between 4.30 and five. Do you occupy the whole of the premises?" He said, "Yes, with my family. There is none let off." I said, "I am going to search it." I then directed Sergeants Smith and Henry to commence a general search, whilst, with Mr. Clear, I commenced to search the shop. Haynes was not with me at that time—only Mr. Clear. After searching about a couple of minutes, the two sergeants came back into the shop, and Sergeant Henry said, "There is a cellar downstairs, sir, with a padlock on the door." I said to Warshawsky, "I want the key of that padlock." He said, "I have not got it—I expect my son has it." Then he said, "I remember he told me last week that he had let the cellar to a man." I said to him, "Who is the man, and where does he live?" He said, "I don't know—I have never seen him." Then I left the shop and went down to the cellar and I found this padlock on the door of the cellar. I forced the door. I went inside and
found 61 rolls of cloth and six pieces of silk. They were lying on the floor stacked one on the top of the other. Mr. Clear immediately identified the whole of the property as forming part of that stolen from his premises the previous Saturday. I then said to the senior Warshawsky, "The whole of this silk and cloth has been identified as part of the property stolen on Saturday. What explanation have you to give for its being on your premises?" He said, "I know nothing about it and have not seen it. I was at the synagogue at Colgate Street on Saturday." I told him I was not satisfied and said, I should have to take him on the charge of receiving this property well knowing it to be stolen. He replied, "Very well." In addition to the pieces of cloth and silk, there was a full suite of dining-room furniture; also a box full of china. There was a part of the cellar allotted to coals. I did not see any other coal cellar. There was about a half-cwt. of coal there. There was no fireplace, so that the coal would have to (be used for the house. Warshawsky was then conveyed to Leman Street. I then sent for a van to remove the property, and whilst we were waiting the younger Warshawsky came down into the cellar. I said to him, "Who are you?" He said, "Mr. Warsbawsky's son," I said, "We are police officers. How do you account for this cloth and silk being here?" He said, "I know nothing about it. I let the cellar to a man last Friday for 4s. a week. He, with other men, brought the clothes here last Saturday afternoon. The shop being shut, I had to open the door to let them in." I said, "Who is the man—what is has name and where does he live?" He said, "I don't know his name or where he lives. I have seen him often." I then took him upstairs to the shop and said to him again, "Can you give me any further information respecting the man to whom you allege you let the cellar last Friday?" He said, "I think his name is Levy; I have seen him often in the street." I said, "Is that all you can tell me?" He said, "Yes," and I then told him I was not satisfied with his explanation and that he. would be charged with being concerned with his father in feloniously receiving this property knowing it to have been stolen. He then said, I only the man's name is Levy. If you will go with me I will go and see if we can find him." I said, "Where are we to go?" He said, "Oh, we will go and have a look round." I then took him to Leman Street Police Station and subsequently with his father they were taken to Vine Street and charged with receiving 61 rolls of cloth and six pieces of silk. In reply to the charge, Warshawsky, sen, said, "Very good," and Warshawsky, jun., made no reply. While I was in the cellar with Warshawsky, jun., I said to him. "Whose furniture is this?" He said, "That is my sister's—she is going to be married." I said, "Whose china is this in the box?" He said, "What we use at the Passover." All the prisoners were brought up the following day at Bow Street. I continued inquiries and in consequence I went on March 1 to the premises of Russell and Co., 42, Fenchurch Street, accompanied by Inspector Wensley and Mr. Clear, where a quantity of the goods were identified by Mr.
Clear. In consequence of what I learned from Messrs. Russell, I went to Hanbury Street, Whitechapel, the premises of the Rosenthals. Inspector Wensley had previously called there and made a report to me and gave me a document. I there saw Isaac and Benjamin Rosenthal. Inspector Wensley went into the shop with me and, addressing Isaac, in the hearing of Benjamin, said, "I am a police-inspector and am making inquiries respecting a quantity of cloth you sold last week to Russell." Then, addressing Isaac, I said, "Whose business is this?" He said, "Mine." Benjamin then said, "I am with him." I said, "What can you tell me about the cloth?" Isaac said, "Mr. Warshawsky's son brought a bundle of samples to me last Wednesday. He said his father had sent him, and if I liked to take them all together I could have them at 3s. 6d. a yard. I told him if I took them I would pay 3s. 1d. I said I would look through the samples, and if I found they were any good to me I would pay 3s. 1d. a yard for them. I gave the bundle of samples to my brother, and told him to take them to Russell and Company, and the goods were delivered here the next morning, but I did not know they were coming. Mr. Warshawsky, the father, called on me the same night and I paid him £85." I said to Isaac, "How did you pay him?" He said, "I wanted to give him a cheque, but Warshawsky said he must have cash as he had this people to pay and could not get a cheque cashed." I said, "What were you to give him for the property?" He said, "I can't say exactly, but I think £110 or £111." I said, "Have you a receipt for the £85 cash?" He said, "No, he promised to call again on Friday and we were to settle up." I then turned to Benjamin and said, "I understand it was you. who sold these things?" He said, "Yes, I took the samples, they were left here by young Warshawsky at Russell and Co. 's. I asked them 3s. 6d. a yard, and I agreed to take 3s. 3d. a yard. My brother was not here when the cloth was I brought, but young Warshawsky and another man." I asked them both if they had anything to show me they bad paid a penny for the cloth, and they both said, "No." I said, "Have you any invoice?" and then showed them the invoice, Exhibit 9, I think it is. That is the one given me by Inspector Wensley before I went to the shop. This appears to be an invoice of a sale by the Warshawskys to the Rosenthals made out on Rosenthals' note-paper. It is one of Rosenthals' printed bill-heads with the name "Rosenthal" struck out and the name "Warshawsky" writtens over in ink. I then said, "In whose handwriting is this?" Isaac said, "The clerk's." I said, "What was it made from?" Benjamin then produced that other piece of paper, and said, "This is what we bought." There is no description on that slip of paper—mere figures. I said I was not satisfied with the explanation they had given and that I should take them into custody on the charge of knowingly receiving the property. Neither then made any reply. They were conveyed by cab to Vine Street Police Station. On the way Isaac said, "This will be a lesson to me." The charge was read over to them and Benjamin made no reply. Isaac said, "Not to our idea,"
which was in answer to the charge of knowing the property to have been stolen. While at Hanbury Street I took possession of a book (Exhibit 17) which was on the counter. Benjamin Rosenthal asked me to leave it. He said that was their sales book, and most important book, and would I be good enough to leave it. I took it away and have examined it. I cannot find any entry of any description of sales by them of any cloth to Russell and Company, or the purchase of any goods from Warshawskys. It does appear on page 50, under the heading of "Warshawsky," that certain sales had been made to them by the Rosenthals. I also found on the counter the invoices (Exhibits 18 and 19). One appears to be an invoice of goods purchased by Rosenthal of Warshawsky on Warshawsky's paper. That is the pen and ink one. This sets out items amounting to £114 0s. 1d., and then "cash paid on account"—and no figure at all is given, That was not produced to me when I was tasking for invoices. This purports to be an invoice of a sale to Russell and Company on one of Russell's bill-heads, it really purports, I think, to show a sale by Russell to them, "Debtors to Russell and Company." On comparing these invoices they appear to refer to the same cloth. I find on one an entry of 360 1/2 yards at 3s. 1d., and on the other 360 1/2 yards at 3s. 3d. I also find on one 21 1/2 yards at 4s. 5d., and on the other one 21 1/2 yards at 4s. 6d. I also find on one 150 yards at 1s. 4 1/2 d., and on the other 150 1/4 yards at 1s. 6d.; also an item of 110 yards at 3s. 2d. on one and 110 yards at 3s. 5d. on the other.
Cross-examined by Mr. Elliott. I have made inquiries about Warshawsky, sen., and found he has carried on the business of a woollen merchant in the neighbourhood for many years, and he has never been charged with any offence. His son has been living with him and assisted him in the business. I have no doubt that the furniture in the cellar belongs to the sister and that the china is used for Passover purposes and that the coal would be used for household purposes. The back is a sort of warehouse. I saw no coal there. The name of the man not before the Court was given me at Bow Street by the defendant's solicitor, and was Levi Berg or Berg Rotter. I am not satisfied that there is another connected with this case. There was a man who spoke to Pine in the public-house before they went to Charing Cross Road, according to Haley, who was never seen again. It may have been anyone. According to Nyberg, there was some other man assisting at the cellar. I believe him—so there was at least one other man and possibly two; we could not get any evidence against anyone else. In the statement made to me by Pine there was no reference to any person who is not now before the Court. I am positive Warshawsky, the father, said none of the premises was let off. He did not say some was let off. He said he occupied the whole of the premises with his family. Sergeant Henry found the bill in the young man's pocket. I do not know that it was exhibited some time before the 19th and taken down by him when the premises were let to Levi or Rotter. An address was given to Inspector Fowler by Mr. Springs and inquiries were made, but he had disappeared. He was visiting there.
Cross-examined by Mr. Smith. I have carefully examined the sales book. To the beet of my recollection, no purchases are recorded. I should expect to see sales. I remember the invoice (Exhibit 18): "Bought of Gershon Warshawsky." It shows an amount of £114, and it says at the bottom: "Cash paid on account." I do not find it on page 50 of the book. My recollection is that the two invoices—18 and 19—were on the counter. I saw Rosenthal at Hanbury Street on March 1. I asked him whose business it was. I know Russell and Co. I went there and saw, I think, 21 rolls of cloth and asked them where they got it, and they told mo and the price they paid. I did not know the total price that Rosenthal had paid. I had Exhibit 9 in my possession when I went to Rosenthals'. I make no charge against Russell and Co. I went immediately from there to Rosenthals'. The invoice shows £114, and Russell and Co. had paid £121 for the cloth. I asked Rosenthals for an explanation of their dealings with the property. Isaac said it was £110 or £111 he was going to pay and had given £85 on account in cash, so they would get about 10 per cent.
Re-examined. The bill referred to is for "a large, dry cellar to let." Rosenthals did not show me any books. They did no more than answer the questions I put. I can give the result of my inquiries if desired.
WILLIAM MAY CLEAR , of Everitt, Clear, and Hayward, 18, Charing Cross Read My premises were broken into on February 20 last and a quantity of cloth, silk, and velvet stolen. On February 26 I went with Inspector Fowler to 28, Leman Street, Whitechapel, the address of Warshawsky's. I went to the cellar, where I saw 61 pieces of cloth and six pieces of silk of various lengths, which I identified as my property stolen on February 20. Exhibit 3 is one of the pieces. A number of these rolls have tickets on them. I also saw in the shop two pieces of cloth. The value of the property stolen was £952, cost as bought from the makers. We shrunk it, the cost of which is about 2 £ per cent. On March 1 I went with Inspector Fowler to the premises of Russell and Co., 42, Fenchurch Street, where I saw a quantity of cloth, which I identified as part of that stolen. I saw the exhibited samples at Bow Street. They are longish lengths. I have been in business 33 years. I have not in my experience known of samples of that kind taken round. The cloth at Russell's was worth about £220 or £230 wholesale. If it were sold at £121 it would be very cheap. I noticed amongst the cloth 150 yards at 1s. 6di a yard. Total £11 5s. 5d. It had been made specially for us. We had in fact sold it and have since delivered it as recovered through the police I think there is one piece still in hand, but all the rest is delivered. I also saw some dress suitings there measuring about 22 yards. That was sold to them at 4s. 6d. a yard and is sold by our firm at 13s. 3d. I have seen the invoices from Russell. The highest price was one length at 4s. 6d. They are certainly not fair prices.
Cross-examined by Mr. Smith. We have delivered all we can, but I think there is one piece in the hands of the police. We deal on
usual business terms, credit prices less discount 7 1/2 per cent. The length of credit would make a difference. We pay cash or accept. We discount probably 90 per cent, of our accounts, or say 80 per cent, we would probably pay cash for. The prices we pay are on a cash basis, but the prices otherwise would be on a credit basis. We do not do much in job lines. We do no retail business, and our customers are tailors of the best class. If we were supplying a job lot to a tailor we would not expect to get the same price. There are such things as salvage and bankrupt stocks. The cost price to us of some of this cloth would be as much as 20 per cent less than selling price or 26 per cent, at the outside. Clearance sales do not come in our way much. We buy of the makers.
Re-examined. These goods were all perfect, and the dealers to whom we sell are very keen judges. The goods evidently left our place in brown paper.
WILLIAM HAYNES , clerk to Clear and Company. On February 28 I went to 28, Leman Street. I examined the stock in the shop where I found doth which I identified as my employers'. There were two lengths of black coating. I found Exhibits 4 and 5 on the shelf behind the counter. This is one of the pieces. It is expensive cloth. This is a piece of black vicuna—15 yards, which I also identified. It is half the value of the others. They were lying on the shelves with the other goods ready for use.
Inspector FREDERICK WENSLEY , H Division. On March 1 I went to 96, Hanbury Street, Whitechapel, with Sergeant Deasant and some other officers (Rosenthal shop). When I went in I saw Isaac and Benjamin Rosenthal there. I said to Isaac, "Are you the occupier?" He said, "Yes" I said, "Who is this man?" referring to Benjamin. He said, "He is my partner." I said, "I am a police officer, and I understand you received a number of parcels of cloth here on Thursday last from a man named Warshawsky, a tailor of Leman Street. What have you done with them?" They both shrugged their shoulders and shook their heads, in a very emphatic manner, and I repeated the question with a similar result. I then said, "I am not going to say what Warshawsky has said, but it is no use your professing to know nothing whatever about it, because I have the carman outside who brought these things to you personally." Nyberg was outside. Isaac then said something to Benjamin in a foreign tongue. They then went into the office and came out about a moment afterwards and handed me an invoice. I believe the Exhibit is No. 9. It is made out on Rosenthals' paper for goods supplied by Warshawsky to Rosenthal. He said, "We did buy some cloths of Warshawsky and there is his invoice." I said to him, "Who brought it to vou?" He then said, "Warshawsky's son." I said, "Where are they now?" He said, "Locked up." I said, "Where is the cloth? He said, "I sold it the same day to Russell and Co., of 42, Fenchurch Street." I said, "Perhaps it would be as well if either you or your partner went with me to Russell's in order that there should be no difficulty as to the identity of the cloth." Isaac, pointing to Benjamin, said, "He will go,"
and we went with Sergeant Dessant to 42, Fenchurch Street. When I got there I heard a conversation with a man named Jacobs, trading with another partner in the name of Russell and Company. We collected a good deal of cloth from various parts of the place into the show-room. I said to Benjamin, "Is this the cloth you sold?" He said, "I cannot say—I never saw it." I then directed Sergeant Dessant to take him back to his shop and I went on to Leman Street, where I met Inspector Fowler and Mr. Clear. I then returned with them to Fenchurch Street, and Mr. Clear identified the property as his. I then went with Inspector Fowler back to Rosenthals' shop. I handed Exhibit 9 to Inspector Fowler before I went there.
Cross-examined by Mr. Smith. I gave the invoice No. 9 to Inspector Fowler at the station and went back with him to Rosenthal. I have gathered since that neither the Rosenthals had seen anything but the samples of this cloth before the purchase. As far as I know, neither of the men made a statement that I can dispute the accuracy of. As to shrugging their shoulders and shaking their heads, I cannot do it as emphatically as they did; it belongs to their race. I should say it went on for a minute or two. They could not see the carman from his position. When I said, "Who brought the cloth here?" without any hesitation they answered "Warshawsky's son." When I said, "Do you know where they are now?" of course I knew. That was a little bit of diplomacy. I wanted to see if they knew.
Re-examined. They did not say anything until I told them Nyberg was there. I have known since that Rosenthals were both there when the goods were delivered.
Sergeant HENRY DESSANT , H Division. I went with Inspector Wensley on March 1 to 96, Hanbury Street and then to Fenchurch Street. I corroborate the greater part of the evidence at the police court. After I had got to Fenchurch Street I was directed to accompany Benjamin Rosenthal back to Hanbury Street. On the way back we passed through High Street, Aldgate, when Benjamin passed the time of day in English with somebody and commenced conversation in Yiddish. I stopped him, as I did not understand it. He said, "What is the matter? You cannot do anything with us. We have told you where we sold the stuff. What do you make a fuss for?" As soon as I spoke to him the third party disappeared. I said, "If you wish to speak to anyone, do so in English. As far as what is going to be done with you, that is for the officers to decide who have the inquiry in hand." He said, "Do you think we should have bought the stuff of Warshawsky if we had known it had been stolen?" I told him I did not wish to express an opinion. He said, "I believe we have met before." I said, "Yes, you are quite right." Afterwards Inspector Fowler and Inspector Wensley came to Hanbury Street and they were taken away.
Street, Whitechapel. I have carried on the business of a woollen merchant for the last 11 years and have resided in the immediate neighbourhood for 40 years. I am a Pole and am 62 years of age. I have been senior warden of my synagogue for the last 12 years. During the whole 40 years I have been in this country no charge of any kind has been brought against me. My premises consist of a basement in which there is a cellar, which was let by my son. I believe it was let to a man sometimes called Bally, and sometimes. Barney or Rotter. My son let it on Friday, the 19th. There was previously a bill exhibited that it was to let. The bill was then taken away. Besides the cellar there is a washing room. It is like two cellars—one back and one front. In the small back cellar nothing is kept but a bit of coke and something where to wash. The ground floor consists of a shop with a parlour behind. There is a passage leading to the cellar downstairs and to the first floor front, and back. There is one room let on the third floor front to a party of the name of Midwood. It has been let more than a year. I did not know anything about the person who took the cellar. I had. never seen Blyth, Pavey, Elson, or Pine before that Saturday when I came back. I saw someone coming out of the shop from the passage. The shop was shut for our religious observance. I had been to the Folgate Street Synagogue, as I do every Saturday, and remained till a few minutes past six. I was coming back with some friends of mine from the synagogue when I saw someone in front of my door—four or five men were going out. They might have been coming downstairs or coming up from the cellar. I did not know any of them. I had no knowledge on Saturday that this cloth was going to be brought to my premises, and I never paid a single penny for it for I never possessed anything. The first I learned about my son having anything to do with the sale of that part of the stock to Mr. Rosenthal was when a man came round with samples to my shop and asked me if I was open to buy goods. That was the man who took the cellar. I said I am not open to buy anything for I have no money. He said, "Can you sell some for me?" and my son answered, "Yes, I can sell it," and they agreed 5 per cent, commission. He said they were job goods. My son said he could sell it, and took samples and went to Rosenthals', and they offered him a price and they came back with the offer, and the man said, "I want money, I must sell it." I do not know now much he was offered. I never interfered. The chap who said I asked him how many pieces there were said what is untrue. I know nothing about it. I stood and looked at them. When my son said he could sell it Rosenthal said, "I cannot give you that amount. I can give you £85." I did not see Rosenthal. I went for the £85 because my son would not accept it. It was £110 or £111. They said to my son, "We have to get some money off your father," and my son would not accept it, and he came and told me they would not pay him. He said, "They want to knock your account off." I went round myself. I saw one of the Rosenthals, and said, "You have no business to take my account off; how came you to mix me up with
that?" He said, "You owe us some money." I said, "Yes, that is so; but my son has sold it to you. and must have his money. I will pay you." He said, "I can give you £85 and to-morrow you can have the rest." So I took the £85 and went off. The following day I was arrested. After getting the £85 I handed it over, to my son and had nothing more to do with it. Inspector Fowler came to my premises. He asked me if I occupied the house. I said, "Yes." I know nothing about the two pieces of cloth found in the shop. My son told me he delivered the stuff to Rosenthal and he came back and found two pieces in the passage. I had, at that time, stock of my own in the shop of about £200. I have carried on business about 30 years.
(Thursday, April 22.)
GERSHON WARSHAWSKY , recalled, cross-examined by Mr. Frampton. The only business premises I have are 28, Leman Street. I pay £65 besides rates and taxes. I have two cellars—one is used as a wash-house and different things. I have not let that. The business is in my wife's name and has been for about six years. I have been in that house about 18 months. The business is principally selling cloth, retail. I can keep £1,000 worth of stock easily in my shop. The measurements given by the inspector yesterday of my shop are nonsense. I took no part in the letting of the cellar to Rotter, nor was I consulted about it. The bill to let the collar was up about three months. I do not know what the bill said; I cannot see. I have seen the bill in the window, but I do not know the difference of "R" from "B." I do not know Rotter at all. I saw him the week when the cloth was arranged in the cellar. I did not see him on Saturday, the 20th. My son informed me that the cellar was let on Friday evening. On Saturday evening I came in and saw some men in the passage, and I asked my daughter what was the matter, and she told me all about it. I did not know exactly what they took into the cellar. They told me they had taken something in. I knew on Saturday evening it was cloth. Inspector Fowler did not ask me on the 26th if I knew what it was. I remember his saying, "Iama police inspector and I am making inquiries about a large quantity of cloth that has been stolen. It was stolen on Saturday afternoon last. Have you bought any?" I said, "No; I know nothing about it." He might have said, "I have reason to believe that the whole of it was brought here on Saturday afternoon." (Q.) He asked you if you had bought any and you said "No." He said he had reason to believe it had been brought to your place, and you knew on that previous Saturday that a quantity of cloth had been taken there. Why did not you tell him? (A.) I cannot answer that question. Rotter asked me to sell the cloth on Wednesday and offered to sell some of it to me. I am a dealer. I did not buy any. He told me it was a job lot. I was not surprised at a tenant taking a cellar from me at 4s. a week and bringing a quantity of cloth there. I did not know
whether it was stolen or not. I have never bought goods like those. I do not know Finlay Cooke or that he was in the service of a firm of cloth merchants. I did not buy a quantity of cloth from him. It was never brought to me by a man named Bertram. (A man was called into Court.) (Q.) Did that man come to your place of business on six different occasions with cloth? (A.) That man, I believe, used to shrink goods for me—to take them to the shrinkers. He did not bring parcels of cloth to me from Finlay Cooke, nor did I pay him money to give to Finlay Cooke. He never fetched me from the synagogue. I do not know if Finlay Cooke was sentenced to six months' hard labour at the Guildhall Police Court for stealing goods sold to me. The police came to my premises and searched for the goods. That is seven years ago. I do not wonder they could not find any. I do not know Robert Page and Ernest Thorne. I knew a man trading in the name of Crawford and Knight. I do not know their correct names to be Robert Page and Ernest Thorne. I bought cloth from them. It was not stolen. Those men were tried at the Bristol Quarter Sessions in November last year and sentenced to 15 months' imprisonment. I was summoned as a witness and was paid my fare and trouble. I had a couple of pieces of the property. They never stole that cloth and were not convicted of stealing. They took the goods and never paid for them, but they took it on credit. They sold it to different people. I went to Rosenthals' on Thursday for the money—the same day the goods were delivered, because they were sold for cash. My son took the samples to Rosenthals'. I do not know who cut them from the cloth. Rosenthal did not want to pay me by cheque, I asked him why he did not give my son the money, and he said he wanted to see me about it. I said, "It has nothing to do with me." He said, "If you like to take £85 I will give it to you," and they gave it to me. I did not say I would not take a cheque. I wanted cash. I got gold and notes, which I gave to my son. He wanted the money to pay the man the goods belonged to. That is the man whose name I did not know—the 4s. a week cellar man. I did not take any invoice to Rosenthal. It was between five and six p.m. that I went to Rosenthals'. My son went about dinner time. The cellar was locked and the man went away about 12. He did not go to Rosenthal to collect the money because my son sold it. I saw the goods being brought from the cellar. I did not count the parcels—it was not my business. It is untrue if Nyberg said that I did. I stayed in the shop and could not take my eyes away. I did not give Rosenthal a receipt for the £85. I have not seen Rotter since 12 o'clock that Thursday. Inspector Fowler never asked me if any of the premises were let off. He only asked me, "Do you occupy your house?" and I said, "Yes." I do not say he is telling an untruth, but he may make a mistake. He said he was going to search the premises. There is a room let upstairs for a year. Two of the officers came back and said there was a cellar locked with a padlock on the door, and the inspector said, "I want the key of that padlock." I said, "My son knows about
it. I remember he told me last week that he had let the cellar to a man." The inspector did not ask me who the man was or where he lived, that I remember. I was puzzled, and did not know what was said. I told them to search me; they would mot believe that I had not got the key. They forced the lock and found the cloth. They called me downstairs. I did not know what to say. I was clear of it. How could I say, "I have not bought it" or "I sold it"? I knew nothing about Barney or Barney Rotter till my son told me on Saturday morning at Bow Street Police Court. We had both been locked up that night. I heard Blyth say to one of the officers, "You have got us all now."
Re-examined. My son had authority to let the cellar; 4s. a week is a proper rental for it. There was about 'half a sack or a sack of coals in it. I had another place for coal or coke in the yard. I used to put a few sacks in the yard and the remainder in the front cellar. It was somewhere about six o'clock I came back from the synagogue, which is about 10 minutes' or a quarter of an hour's walk. It is not true that I was entertaining those persons between four and six o'clock. I cannot read or write. I have had dealings with the Rosenthals long before this. I owed them at this time about £30, and it was owing to their wanting to deduct that that I went round to see theme I gave the £85 to my son. I was present at the trial of Crawford and Knight as a witness. They took a place in Bristol and went to manufacturers with references to get some cloth, and they had it sent, and I believe they gave a cheque for a piece of cloth, and the cheque came back and they could not get their money. A detective came to my place from Bristol and said, "Are you Mr. Warshawsky?" I said, "Yes." He said, "Did you buy some cloth from So-and-so?" I said, "Yes." He said, "Have you got the invoice?" I said, "Yes." Soon afterwards I received a postal order for a sovereign and a summons to come to Bristol, and I went. I gave a fair price for the cloth and could make 3d. a yard by it. I recognised Bertram, who was brought in, as the carman of the shrinkers. He used to come to me and ask me if I had any cloth for shrinking, and when I had it I gave it to him. That constituted all the dealings I had with him. I never heard the name of Finlay Cooke and never had any transactions with him. This bill describing the cellar as "A large dry cellar to let" is an ordinary bill which you can buy in a shop for a penny. I did not have it printed specially.
HYMAN WARSHAWSKY (prisoner, on oath). I am 17 years of age—the son of the last witness. I have assisted him in his business for about 12 months. On Friday, February 19, a man came to see me about the cellar. I had seen him about the neighbourhood. He told me his name was Levy. I showed him the two cellars and told him he could have which he liked. He went into one and said, "This one will do." I asked him what he wanted it for and he told me he had bought a bankrupt's stock of cloth. The rent was agreed at 4s. a week. He paid me 4s. in advance and I gave him a receipt. Previous to that there had been a notice in the
window to let the cellar, which I had put up. I then took it down and put it in my pocket, where it was found by the police after I was arrested. The next day—Saturday—when our shop is closed, Levy and another man called about 12.30. Levy told me he had bought a stock and expected it later in the day and asked me if I would oblige him by being at home (as he would not be back in time) and instruct them to take the stuff into the cellar. I said, "All right." The stuff came about 4.30 or 4.45. Two men arrived with it that I now know now as Blyth and Elson. They told me they came from Barney Rotter. I told them I did not know him. They said, "He has taken the cellar," and then I identified him as the tenant, and the prisoners Price and Pavey, who have pleaded guilty, came with the van and took the stuff off and placed in the cellar. My father was not then at home. Hotter told me to tell them when they came to wait for him. I told them, and they were waiting. He did not return and they consulted together where it was, and they told me 16, Upper Rathbone Place. I asked for the money, and they told me he would pay at the other end. I took a taxi and was driven to the address—a grocer's shop. I went in and asked to see Rotter. He came out and I told him the men were waiting for him. He told me to wait a few minutes and he went in again. He then came out and we both went in the taxi to the "Gardeners," Whitechapel, about 100 yards from my place, when we got out, and then went on to my house. The men were in the passage when we arrived. Rotter paid for the taxi and said to the men, "I'will give you £60. Meet me on Monday morning in the pub., Tottenham Court Road." They went away Rotter previously gave me the padlock and key, telling me to look the cellar. I saw him go in and out frequently. There is no need to go through the shop to the cellar. The following Wednesday Rotter came into the shop and asked my father if he was open to buy a job for cash. My father told him he had no money. He said, "Do you know any likely buyers, or can you sell it for me?" While he was considering I answered and said, "If you will give me 5 per cent. I will try and sell it for you." He said, "All right," and he gave me a quantity of samples which he brought from downstairs. I don't know who cut them. He told me the price was to be between 3s. and 3s. 6d., and he must have cash. I think this is the note of the quantity he gave me (Exhibit 10). I then went to Rosenthal and showed him the samples. I asked 3s. 6d. They picked out some samples and told me they would give 3s. and 3s. 1d., and if I liked I could send them on. I went home and Rotter was not there, but arrived about seven that evening. I told him the price, and he said, "All right, but I must have cash," and he told me to get a van. He came about 10.30 the next morning and asked me if I had a van. I said, "No," and he told me to go for one. I went to Lubin's, in Union Street, and saw Nyberg, and asked him if he had a van for hire. He said he would see the governor, and called me in, and they said I could have one for 2s. 6d. Nyberg and I got in the van and I drove to our place. It is untrue that Nyberg
drove. We got out of the van and Rotter handed the parcels to me and I to the carman. My father took no part in it. He was in the shop. I told the carman to drive to Rosenthals'—one of the van sheets was down. There was one bit of stuff on the point of falling out because it was not packed properly, so I pulled the other one down to prevent it. We delivered the stuff at Rosenthals' quite openly. We there saw Benjamin. I asked him if he had change for 6d. Rotter had given me 2s. 6d. for the cartage, and told me to give the carman 4d. for beer money, and Benjamin gave me change out of the till. I did not borrow 2s. 6d. of Rosenthal. I did not give an invoice, but I had a bit of paper from Rotter for receiving so many pieces, which was signed and returned to Rotter by me the same night. We started to measure the stuff, and I asked for the money (£114 odd). They told me my father owed them some money and offered me £85. I said it had nothing to do with my father—I wanted £114 cash. They refused, and I went home and found the shop closed. I wanted to go upstairs to get the key to open the shop and noticed two ends of cloth lying in the passage—an end is 12 or 18 yards and a piece about 50 or 60 yards. I got the key and opened the shop, and put them in the shop, intending to give them to Rotter. I saw my father about two o'clock and told him, and asked if he would go to Rosenthals' to get the money. He at first declined, but I begged him to go and he did. He brought back £85 and told me he expected to get the rest to-morrow. He gave it to me and I saw Rotter the same evening, and explained the matter to him and gave it to him. He seemed annoyed. I told him about the two pieces of cloth I found, and he told me to leave them till the morning, and he would take them. The next day I was arrested. He refused to give me my commission until I got the balance of the £114, and I have never had it. I did not see Rotter the next morning, so could not give him the two ends. The same night I gave my solicitor the address where I went to Rotter in the taxi-cab. I have been a member of the Jewish Alliance Brigade for five years.
Cross-examined by Mr. Frampton. I had known Rotter by sight for about three months. It was on February 20 that I knew his name was Rotter, and that his address was Rathbone Place. He came round to our place the previous Thursday evening. I met him at the door where I was standing, waiting for him with the £85. I did not invite him in. I can't say why he did not have the two pieces of cloth then. He may have been in a hurry. When Inspector Fowler came he called me down into the cellar. He said, "We are police officers. How do you account for the property in here?" I said, "I know nothing about it. I let the cellar to a man last Friday at 4s. a week. He, with other men, brought the cloth here last Saturday afternoon." I might have got mixed up when I said "he," but he arrived later on. I told the Inspector four men arrived with, the van. I don't recollect saying "I let him in." He asked, "What is his name?" and "Where does he live?" I may have said I do not know his name or where he lives. I do not know what I said at the time. I then went up into the shop where
the search was going on, and the Inspector said, "Can you give me any further information respecting the man to whom you let the cellar last Friday?" and I said, "I think his name is Levy." I don't remember him saying, "I am not satisfied, and you will be charged with your father." I did not say to Inspector Fowler, "If you like to come with me I will go with you and see if we can find him." That was said to Wensley. I think Fowler said, "Where are we to go?" and I said, "We will go and have a look round." Mr. dear pointed out the pieces and I showed them the invoice for it. I suggest he pointed to what did not belong to him. I did not say I bought it in Eastcheap. The numbers on it agree. If I did not tell Inspector Fowler about Hotter on Friday morning it was because, as I told you, I do not remember what I did say. Rotter came to the premises about five on the 20th. The men waited close on an hour for Rotter and then asked me to go to Rathbone Place. I saw a boy in the shop and Rotter was in a grocer's shop. He came up when the boy called him. He had his coat off and his sleeves rolled up. I remained a few minutes and then went back to Whitechapel. This is not the first time I have told anyone of my visit to Rathbone Place. I did not mention it before the magistrates. I gave his name as Levy, which was the name he told me. There was no name on the bill or delivery note I took to Rosenthal. He said some people called him Rotter and some (Levy. I remembered overnight that he was called Rotter. I heard him say to the men, "I will give you £60 and meet you in the pub., Tottenham Court Road." I saw the money given in gold and they were to meet him on Monday. A quantity of cloth was brought to my father's cellar the day after I saw Rotter. (Q.) Did you have to go and fetch the man? (A.) What man? (Q.) Rotter. (A.) Yes. It did not interest mo at all. I did not think there was any harm in it. When I left him in the house my sister was at home. I saw Rotter next morning, when he walked straight through to the cellar and remained a good time. I had seen him remove goods from the cellar before, which he carried under his arm. There was only an offer made by Rosenthals on the Wednesday. If Inspector Fowler said I told them my father had sent me it is untrue. I said they could have, them at 3s. 6d. Isaac Rosenthal pointed to some samples and said, "If you like I will give you 3s. 1d. If you can take that you can send them on." I did not have any measurements with me of the cloth I could sell. It was a job lot, and he did not ask me how many yards there were in this piece or that. The goods were sent down about 11 the next morning. Rotter gave me a list of so many yards, but I never measured them at our place. I cannot swear that piece of paper was given to me by Rotter. The pieces were measured up in Rosenthal's shop. I know the measurements and had them on a slip of paper, which I left with Rosenthal I cannot say when that piece of paper was brought into existence showing that £85 had been paid on account and a balance of £29. Rosenthal's clerk made out this one. (Produced.) One of these was made out on Rosenthal's billheads while I was measuring. I generally have an invoice on me like
scrap paper. I am sure I made it cut before I was arrested. I have no idea why two should have been made out. I told them I wanted cash. They did not offer me a cheque. I would not take the £85. I told them I must have the whole amount in cash. They did not show it to me. Rotter told me, when he came, I was to have the money ready for him. As a fact, I did not want him to know where I sold it in case he should go behind me and sell. I begged my father to go for the money because I wanted to get my commission. He told me they wanted to reckon up in the morning and give him the remainder. I parted with every single farthing to Rotter without taking my commission. I asked him for it. I have not seen Rotter since. There is no writing of any description from him, and no receipt given to Rosenthal for the money. I have had my books taken away. I have no business books. My father keeps his books in his own language in my mother's name.
Re-examined. This book produced is the banking pass book. I have not seen Rotter because I have been in gaol all the time. I gave Rotter the money just after seven o'clock. The money was in a bank bag. The name Levy is equally a surname or first name, and is used indiscriminately. I was thunderstruck when the inspector called me down to the cellar. I took a considerable quantity of samples to Rosenthal's.
By the Court. I had seen Rotter for about three months about the streets. There is a bookmakers' just there and I have seen him about with a sporting paper in his hand. He told me when the man came to instruct them to take the stuff into the cellar. The four thieves gave me the address in Rathbone Place. It was a grocer's and greengrocer's shop. They told me to ask for Barney Rotter. I think the name over the shop was some dairy company. When Rotter gave the £60 he gave it to one of them, I don't know which, and said, "Meet me in the 'pub.' on Monday morning." I had no suspicions or I might have tried to listen more.
Several witnesses spoke to the good character of the two Warshawskys.
BENJAMIN ROSENTHAL (prisoner, on oath). I carry on business with my brother Isaac at Hanbury Street, Spitalfields. I have known Gershon Warshawsky for some time, and have always found him a respectable man. I have known nothing against him. I also know his son, who left some samples of cloth at our place on February 24 last. It was a job line. I was not there when the price was discussed. I took the samples round to Russell and Co., with whom we deal. I asked a price a little above the price in the invoice. It was 3s. 1d., I think. They offered me a price which I accepted. The cloth was then brought round by the younger Warshawsky. He brought a paper with him with the measurements on it. This paper is copied off from his paper, with the measurements and the lengths. There was a torn piece, which was a bit of paper knocking about on the floor, and it was picked up to put the measurements down (Exhibit 10). He handed the invoice to my man who writes for me, and asked him to make it out. No. 18
is the one in ink. Bought of Warshawsky so many yards of cloth at 3s. 1d. a yard. He handed it over to my man to make out while I put down the measurements. I did not discuss the price with the younger Warshawsky, but my brother did. At that time Warshawsky senior owed my firm £29 or £30. Young Warshawsky asked for £114. I said, "There is an account owing by your father, and if you want an amount like this I want to deduct what is owing to us." I offered him £85 on account. I had not cash for £85 at the time. I intended to give him a cheque for £85. He said he must have payment in full as the money was to be paid away. I said, "Send your father, and I will settle with him." He went away saying, "Very well," and that he would send his father on. I sent my clerk to get the money—£60 in notes and £25 in gold—which, plus the sum his father owed me, would make up the £114. The price given was a fair price. We sold to Russell for £121. The son left us saying his father would come round and see us. I was not there when he called. My brother informed me that he had been there and he had given him £85, and he arranged to be there the day after. On Monday, March 1, Inspector Wensley called and saw me. My brother was present. He asked him if we had bought any goods from the elder Warshawsky. He asked me to bring in the invoice—we told him we bought the goods and had sold them to Russell and, Co. I went round to Russell's with him. We had no idea during the whole of this transaction that the articles were stolen property.
Cross-examined. I have never bought cloth from the Warshawsky's in these quantities before. We have sold him stuffs in similar quantities. We bought some goods of him four or five years ago. I believed the goods to be Warshawsky's. The samples were received about three o'clock. We received the goods about 10.30 or 11 Thursday morning, and they were delivered at Russell's about three or four in the afternoon. Warshawsky brought a«n invoice with him. He said he had not one made out, but he took one out of his pocket and asked my man to make it out according to his memorandum. He did not 'bring Exhibit 9, which is in my handwriting. So is No. 10. He took off the measurements from the checker. No. 10 is in my writing. It is the torn piece. The figures I took are not in my writing. The tickets were on and I remeasured one or two pieces to see if the measurements were correct. We bought 24 or 25 pieces. There are 19 on No. 10, the torn piece. We like to sell goods before we buy them even. That is done every day. Exhibit No. 9 purports to be an invoice from Warshawsky to us made out on our notepaper. No 18 is on Warshawsky's billhead, and was made out in the 'handwriting of my clerk, by Warshawsky's instructions. No. 18 was made out on the date it bears. One is a duplicate of the original. The Warshawskys were arrested before the police came to me. I knew on Monday that they were arrested for receiving stolen cloth, and that I had within a few days purchased cloth from them, and that I had not made purchases from them for over five years. I knew that the goods we
bought from Warshawsky were sold. I did not know the stuff had anything to do with it. I knew thev were all sold to Russell. I did not hear what Inspector Wensley said. My brother told me to bring the invoice, which I did. I did not see Nyberg at all. Inspector Fowler came later in the day. He may have taken possession of Exhibit 10. I do not know what Exhibit No. 19 is. It is probably a billhead of Russell's. It says, "Debtor to Russell and Co. I find on Exhibit 18 "360 1/2 yards of cloth." Also on No. 19 and on No. 18 110 yards of cloth. Also on No. 19. Also 150 yards on 18 and 19, and 21 1/2 yards on both. I do not say they do not refer to the same goods, but I do not know how these came here. I believe I have a slight memory of this. one Inspector Wensley accompanied me to Russell and Co. He asked me for a copy of the invoice I gave to Russell and Co, and this was made out and given to Wensley, and probably he left it in my shop or has taken it away, together with this invoice made out by Jacobson I heard Inspector Fowler say he found that in my shop. I believe Wensley handed it over to Fowler. Russell and Co. 's business is carried on in the upper part of the premises. If anyone sold stolen goods to Russell and Co. they could be seen on the first floor. There is no record in this book of these sales to Russell and Co.
Re-examined. No. 9 is written by one of our men. Probably No. 9 is copied from No. 10. No. 10 is not* an invoice at all. It is simply a piece of paper found on the floor to put down the measurements called out to me. That is my writing. I told his father at the time that one of us had signed for the goods. He took the paper away with him. There is no ground for the suggestion that there was any denial on our part. I heard these men were arrested the day the Inspector came. I did not know what it was for. I know people who have shops in Cheapside on the first floor, and you can see the cloth as plainly as if it were downstairs if you are on a 'bus and pass close by.
ISAAC ROSENTHAL (prisoner, on oath). I have heard my brother give his evidence, which I agree with. Young Warshawsky came to our place on February 25 with a parcel of patterns and asked me 3s. 6d. a yard. I looked them through and picked out some of them and offered my price—from 3s. to 3s. 1d. a yard average. He said he would go home and ask his father if he would accept it. My brother was not in then. When he came in I showed him the samples. He was on the point of going out, and I told him the samples were sent by Warshawskv and that I had offered for this lot 3s. to 3s. 1d. a yard, and I was to see if I could find a customer for them.
Cross-examined. I was not surprised to find the goods delivered I the next day. Inspector Wensley came and said, "I understand you I have received a number of parcels of cloth goods from Warshawsky?" I said, "Yes, we bought from Warshawsky." He said he had the I carman outside who delivered the goods. As far as I know, the goods had not then been traced to us. I did not expect our premises I to be searched. I know Mr. Warshawsky is a respectable man, or I would not have accepted the offer from his son. I do not remember
the Inspector saying that the carman was outside. I remember he mentioned Nyberg, and I knew the goods had been traced to us. I immediately admitted when he came that I bought the goods from Warshawsky, but did not know that they related to the stolen goods. A cheque made out in the name of Warshawsky could be traced and would be evidence of payment. My brother cashed it. We usually cash cheques if we want money—two or three days a week sometimes. I have not my bank book here. A cheque for £85, payable to Rosenthal or order, was produced, dated February 25.
Re-examined. Warshawsky called on Thursday afternoon and asked for £114. My brother was not in then, and I said to. him, "I have no entry book. We have to get £29 or £30 from you, and if you like you can wait till my brother comes home and the might give you a cheque for the lot. He said, "I cannot wait till then and a cheque I cannot change to-night." I said, "You can have £85, as he left it with me, and then come and settle in the book." Warshawsky was satisfied and took the £85, and said he would come the next day to settle up.
Verdict: Gershon Warshawsky, Not guilty of house-breaking; Guilty of receiving the stolen goods knowing them to be stolen. Hyman Warshawsky, Guilty of receiving. Isaac Rosenthal, Guilty. Benjamin Rosenthal, Guilty. Blyth confessed to having been convicted of felony at the North London Sessions on December 17, 1907. El son confessed to having been convicted of felony on February 25, 1908, at the North London Sessions. Several previous convictions were proved against Pine.
Sentences: Blyth, Two years' hard labour; Elson, 23 months' hard labour; Pavey, 22 months' hard labour; Pine, 18 months' hard labour; Gershon Warshawsky, Two years' hard labour; Hyman Warshawsky was released on his own recognisance in £10 to come up if called upon. Isaac and Benjamin Rosenthal, Five months' hard labour.
BEFORE MR JUSTICE JELF.
(Thursday, April 22.)
REUBENS, Morris (23, salesman), REUBENS, Marks (22, costermonger), ALLEN, Emily (25, no occupation), and STEVENS, Ellen (21, no occupation) , were charged on the coroner's inquisition with, (the two male prisoners being also indicted for) the wilful murder of William Sproull. Morris Reubens, Marks Reubens, and Allen I were further indicted for a robbery with violence on Sproull and with stealing from 'him a gold watch and chain and money. Morris Reubens pleaded guilty to that charge, Marks Reubens and Allen pleaded not guilty.
Mr. Muir, Mr. Travers Humphreys, and Mr. Huntly Jenkins prosecuted; Mr. Daniel Warde and Mr. David White defended the two male prisoners.
Mr. Muir said that the prosecution did not propose to offer any evidence against Allen on the indictment for robbery with violence nor upon the coroner's inquisition for murder. The Grand Jury had thrown out the bill preferred against her for murder. She gave evidence before the coroner, and it was proposed to call her as a witness here. The prosecution also would not offer any evidence against Stevens on the coroner's inquisition charging her with murder. At the time the murder was committed she was drunk and insensible, and there was substantially no evidence that the prosecution could offer against her. She was not committed for trial by the magistrate. The prosecution might call her as a witness here.
Mr. Justice Jelf expressed his approval, and directed the jury to find Allen and Stevens Not guilty on the charge of murder and Allen Not guilty also on the indictment for robbery with violence.
Morris Reubens and Marks Reubens were then placed upon their trial for the murder of Sproull.
CHARLES MACOLM MCEACHARN . I was second mate on the s. s. "Dorset," which arrived (from Australia) in Victoria Dock on March 15. Sproull was second engineer; he is about 35 years old, a tall, powerful man. He and I left the ship about 8.30 that night. About 11 we met the two women, Allen and Brooks, and after having drinks we went with them to 3, Rupert Street; the four of us were in one room there. After staying some time we all went out and had more liquor, then returned there to stay the night. While we were in the room with the women, all of a sudden the door burst open and two men came in; one had a stick (if not the one produced, similar to it), and with this he struck Sproull across the face. I attempted to make for the man, and was myself struck several blows on the head. The next thing I remember I was leaning against a wall in a street I did not know. I walked till I met a policeman, but as I had no idea where I had been he could do nothing, and I returned to my ship. Both Sproull and I had given the women money, and there had been no quarrelling. We and the women were all the worse for liquor. I identify the coat and the gold watch and chain produced as having belonged to Sproull.
Cross-examined. We had had a lot of drink before we met the women. I was very drunk, but I remember clearly what I have told you. I deny that there was any row with the women. Directly the two men came into the room one of them struck at Sproull before I anything had been said.
Police-constable JAMES MACINTOSH , 323 H. In the early morning I of March 16 I was on a beat which included Rupert Street. About 10 past one I saw prisoners standing at the door of No. 3; Morris knocked on the shutter, the door was opened from inside, and the I two went in. At 20 to two I was again in the street, when I met Sharpe; on going to just opposite No. 3 I found the dead body of
a man lying on the footway. I remained with the body while Sharps went for help.
JOHN SHARPE , watchman to the Co-operative Wholesale Society, Leman Street. In the course of my duties I was passing through Rupert Street about 20 to two on the morning of March 16 when I saw the body of a man lying on the footway. I fetched Macintosh, and then went for other assistance.
Cross-examined. I have known Morris for somes time, and have never seen him drunk.
Inspector JOHN FREEMAN , H Division. In the early morning of March 16 I was on patrol duty. In Commercial Road, near Back Church Lane, McEacharn met me and made a complaint; he was very drunk. At a quarter to two I went to Rupert Street, where I saw the deceased man lying on the footway about 50 yards from No. 3. on the opposite side. There were spots of blood from where the was lying across the road to No. 3 and on the door of that house, I posted constables at the back to prevent any escape that way. The dead man's pockets had been turned inside out; there were two three-penny bits lying close by him. On an iron ladder right opposite No. 3 there was a smear of blood, about 4 ft. from the ground. On the arrival of Chief-Inspector Loughlin we knocked repeatedly at the door of No. 3, and, getting no answer, we forced the door. In a room immediately on the right Ellen Stevens was lying on a bed asleep; she had been vomiting and was quite hopelessly drunk and insensible. There was no sign of a struggle about the room and no trace of blood. Loughlin and I went upstairs. On the second landing we met Marks Reubens coming down. Loughlin asked him who he was and was he living there. He said, "Yes; what's that to do with you?" He attempted to get by and I prevented him. Loughlin again questioned him and he replied, "I live here," knocking at the door of room 19; getting no answer he knocked at the next room, No. 20. The door was opened by the occupier, Premislow, who said, "I don't know you; you don't live here; I have never seen you before." Marks was handed over to Police-constable Simmons and taken to the station. On searching the deceased man was found on him an empty sovereign purse, 1s. 3d. in silver, a pipe, etc; no watch or chain. On Marks we found 7s. in silver and some coppers; no handkerchief or knife. Marks was perfectly sober; so was Morris, whom I saw about three in the morning.
ALBERT NUTT . I occupy room 18 on the first floor of 3, Rupert Street. About half-past one in the morning of March 16 there was a knock at my bedroom door. On opening it I found Allen, the woman who lives downstairs. She came in and stayed. Half an hour later Morris Reubens came in. He asked me if Emmy was there and if he could stay a few minutes, as he had had a row downstairs. I
said, "You had better go out, I don't want no trouble up here." He said, 'Oh, there'll be no trouble; that will be all right." I dropped off to sleep again. Later I heard people walking about the house, and I said to Morris and Allen that they must both go out. Morris said, "I am going out now; I am going to give myself up." As he said that there was a knock at the door. Inspector Wensley came in and said, "I want you, Morris." Morris said, "All right, guv'nor, I was going to give myself up; I don't want to cause these people no trouble."
Cross-examined. I have known Morris for some years as working in the neighbourhood and as living downstairs with Allen.
Detective-inspector FREDERICK WENSLEY , H Division. On the early morning of March 16 I went to Leman Street Police Station and there found Marks Reubens detained. I then went to Rupert Street and there saw Chief-inspector Loughlin and other officers and the dead body of William Sproull lying in the street; the body was taken to Leman Street Police Station and then to the mortuary. I went to 3, Rupert Street, room No. 13, and saw the woman Brooks lying on the bed; that would be about a quarter to three. I found the stick produced on the table. In the corner I found the overcoat produced, which was later on identified as belonging to the deceased man; there was a bottle in the pocket which was fully of whisky; I looked round for a knife, but could not find one. I searched the room and went upstairs to Mr. Nutt's room. I knocked at the door and it was opened by Morris Reubens; he was fully dressed. As. soon as he opened the door I said, "Reubens, I want you," and he replied, "All right, guv'nor; I was going to give myself up; I do not want to cause these people any trouble; the two girls brought two fellows home to-night and they would not part up; me and my brother had a row with them. They threw a glass at one of the girls, and we set about them. I then came up here with my missus. I do not mind telling you, I robbed the fellow lying on the ground over there; I hope he is not dead; there was only me and by brother there." I handed him over to two officers and they took him to the station. Allen was also in Mrs. Nutt's room. I went down witih her to her own room; Sergeant Richardson was there; he picked up a broken tumbler, which is produced here. Allen made a statement upon that; she was then taken to the police station. I charged the two male prisoners and the two women at the police station with the wilful murder of Sproull; neither made any reply. Next morning, as I was taking prisoners to the Thames Police Court, Morris said, "Mr. Wensley, do what you can for us. We never meant to murder the man, and you don't want to see a couple of young fellows like us topped." At the police court on March 24 I had an interview with Allen at her request and she made a statement to me. The same day the two women were taken to Holloway in a cab; I was with them, and Allen made a statement to me. In consequence of one of the statements she made I went to No. 3, Rupert Street, room 13, and searched for a knife. I searched in the gas stove; failing to find it there, I tore away a piece of sheet-iron
that was nailed to the wall at the back of the stove; I then heard something drop, and on looking down I found this knife (produced); it was just as it is now; partly closed. In the nick of the knife where you open it with the finger-nail there was an indication of blood; I gave it to Dr. Jones. On the same journey from the police court to Holloway on the 24th, Brooks was in the cab and she made a statement to me. I attended the inquest. The women Allen. and Brooks gave evidence before the coroner. Dr. Jones gave evidence on two occasions; the first time the knife had not been found; on the second occasion it had been found and Dr. Jones gave evidence with regard to it. I have examined the shutters of 3, Rupert Street, room 13, both at night time and day time. In the night time I found that, by looking through the crevices on the right of the shutter about five feet from the ground, it commanded a view of the room, and any person standing or sitting between the table and the fireplace and the bedstead and the cupboard; when I looked in there was a light in the room.
Cross-examined. I have not been accustomed to going through Rupert Street; only recently. It is rather out of the way—a back street. The shutters at this window are the ordinary sort of shutters; by their appearance I should think they have been there for years. When I was upstairs Morris said, "I hope he is not dead." That was not the first time I had been upstairs; this was a quarter to four in the morning; I had been in and about the premises since half-pasl two. There was considerable noise, in the house between the time I first appeared on the scene and the time when I spoke to Morris, so that anyone living in the house, I should think, would be perfectly aware that there was something the matter. Nothing was said between Morris and myself except what I have already stated. Morris volunteered that statement. The room that he was in looked out into Rupert Street, and the man's body was found on the other side of the road, so that if he had looked out of the window he would have seen him lying on the ground—that is, of course, if he knew where it was. There is a gas light immediately opposite No. 3; there is no gas light on the other side of the way except the warehouse light. I do not know Morris at all. I caused inquiries to be made about him, and the officer who made the inquiries is here and will tell you about him.
Dr. THOMAS JONES , M. R. C. S., divisional surgeon. On the early morning of March 16 I was called to Rupert Street. There I found lying on the pavement the body of the deceased man Sproull; he was lying on the back near the edge of the pavement, the left arm extended at right angles with the body, extending into the road from off the pavement; the body was fully clothed; the hat was in the road. He was wearing a white shirt and an ordinary collar and tie; they were not disarranged. The upper three buttons of the waistcoat, was unfastened, the lower three were fastened. Considering the condition of the street, which was muddy, the man as he lay on his back was comparatively clean. I saw no indication of there having been a struggle on the ground. I noticed some wounds on
the face and on the right wrist and a good deal of blood on the right hand; at that time I did not notice any wounds on the body. I noticed spots of blood on the road going back to No. 3. The deceased's trousers pockets were turned inside out. I went to 3, Bupert Street and looked first of all in the passage, but I did not find any blood there; I did not see any indication of there having been a struggle. The body was taken to the police station and there I made a further examination. On unbuttoning the waistcoat, en the inner side of the waistcoat and on the white shirt I noticed some blood over the region of the heart. In the waistcoat and the shirt and the underclothes I saw indications of a cut, and over the region of the heart I found a small punctured wound. Having regard to the position of the wound, I came to the conclusion that that was the cause of death. When I found the body it was still warm; in my opinion the man had been dead about a quarter of an hour. Later on, on that same day, by direction of the coroner; I made a post-mortem examination. On the left side of the face, just below the left eye, there was a sort of double wound, with the edges ragged and irregular, involving the skin and the tissues underneath, but not deep; there were slight surrounding effusions contiguous to these wounds. There was another small wound above the left eye on the forehead about a quarter of an inch long; the edges of this wound were also ragged and irregular, the same character as the wounds below the left eye. I should say the wounds were caused by some blunt instrument; I think they could have been caused by either end of the stick produced. I found a punctured wound on the chest over the region of the heart; that was situated 3 1/4 in. below the nipple line, the left nipple, and about 4 in. from the centre of the breast bone to the. left; it was just under half an inch in length; the edges were sharp and clean. In order to get the two edges similar, I think the weapon was practically a two-edge weapon. Looking at the point of the knife produced, I should say it would have caused that sort of wound. The depth of the wound was close upon 2 1/2 in. Assuming that the wound was made in the man's lifetime, it would not have been so deep, because the apex would be much nearer to the surface of the body. At the post-mortem some stretching would be noticeable, owing to the retraction of the parts after death. I should think the knife must have gone in two inches; considerable force must have been exercised; the man would not live longer than two or three minutes after receiving the wound. I saw the knife on the 24th and examined it for blood marks; there was blood on the groove for the impression of the finger—the place for the nail to open it; there was a little blood on the part of the handle which is broken. Blood would not spurt out from a wound of that kind; the wound in the heart did not bleed much. The deceased man was 5 ft. 10 in., a powerfullybuilt, well-developed man. On the early morning of March 16 I examined prisoner Marks Reubens; I noticed that his hands were clean, suggesting that water had recently been applied; I did not notice any blood on his clothes. I only found a little mark on his
cheek, which he said was produced by one of the officers. On the same day I was shown the handkerchief produced.; it was partially wet; it was moist with water and had recent blood on it; it had the appearance that the hands were bloody and were washed and then dried on the handkerchief; it also had mud on it; it had been thrown on the ground and it was a muddy night. About the same time I examined the hands of Morris Reubens; they were not quite so clean; there was no indication of the application of water recently to his hands; in his case there were no bloodstains on his clothes. I also examined the witness McEacharn about seven o'clock the same morning, after he had been brought back from his ship. His appearance suggested that he was recovering from drink. He had a rather large contused wound on the left side of the upper lip. In the backyard of 3, Rupert Street there is a water tap in the position indicated on the plan; I did not see any towel there.
Cross-examined. In my opinion there were two wounds, one in the wrist and one in the breast: the one on the wrist was the one that caused the blood; considering the size of it there was not much blood from it; no big artery was severed. The blood from the wrist was the blood that accounted for the bloodmarks that crossed the road up to the place where the body was found. There is a difference in the character of the edges of that wound; it was caused by one instrument, only one part of it is done by the sharper part of the instrument and the other by the blunter part. Part of the edge of this knife is blunt, but the point of it would produce, with force, a wound in appearance exactly like as if it was done by a much sharper instrument. I suggest that this is the same instrument that caused both the wounds. I said before the coroner, "The wound could have been done by a fairly blunt knife; it might have been done by broken glass." That is quite right, a part of the wound; the outer part of the wound. I meant that it was not done by a pointed instrument; there are all degrees of sharpness. The inner part had the indication of being produced by a much sharper edge than the outer part. I think the fatal wound was done with this knife. Before the coroner I said, "The instrument used must have been narrow, long, and sharp; it must have been an instrument of a stiletto character." The word "stiletto" was suggested to me, but what I meant was an instrument sharp at both edges, more or less. I am certain that the reddish marks on the knife are from mammalian blood. I think the fatal wound must have been inflicted while the man was standing. I do not think that the wound on the wrist and that in the chest were caused by one blow or stab; there would be two blows, one quickly following the other.
(Friday, April 23.)
Police-constable HENRY SIMMONS , 75 H. I was on duty in High Street, Whitechapel, on the night of March 15-16. At half-past 12 I saw The two women, accompanied by Sproull and McEacharn leave the "Swan" public-house and go in the direction of Rupert Street.
At 2.30 a.m., as I was taking Marks Reubens to the station he took a pocket-handkerchief from his right-hand jacket pocket, pretending to wipe his nose, and threw it to the ground; I picked it up and found it was partly wet and bloodstained. He said, "Oh, that is nothing, I have got another one in my pocket." He did not have another pocket-handkerchief, but he had a new silk neckerchief that had never been worn. At the police station I took from him the two keys produced.
HENRY NEVILLE (called by the prosecution for examination by Mr. Warde). I was in the "White Hart" about 10 o'clock p.m.; Morris was there drinking in the ordinary way; there were other people in there, I know him very well by sight.
LEAH LAZARUS . I am the wife of Reuben Lazarus, a tailor; I live at 18, Everard Street, Whitechapel. I gave the two keys produced to the girl Ellen. I saw her at the police court; she was there called Brooks.
Cross-examined. I do not know if Marks is the man who lived at my house; they only lived there eight days, and I did not go into their room. A man used to come in, but I did not know who he was; I cannot identify him.
LIONEL TRAMBERG , licensee of the "White Hart" public-house, Hooper Street, Whitechapel. I have known Morris Reubens for about six or seven months as a customer. He used to come in every day in the week except Sunday; he came in the afternoon, as a rule, between one and five, and, as a rule he stayed till closing time. I close at any time between 12 and half-past; sometimes I close earlier. I know Marks Reubens slightly; he has used my house for about a month or six weeks; sometimes he would only stay for a few minutes, sometimes for half an hour or an hour. On the night of March 15 Morris came to my house first some time between one and five. When I went out at half-past eight he was still there. When I returned about half-past 11 Morris was there with his brother Marks. They left when I closed at 20 past 12. I recognise the stick produced as one Morris used to carry with him. The last time I saw it before March 15 was the Saturday previous. It was not cracked then as it is now. Morris and Marks were both sober men.
Cross-examined. I knew Morris lived in Rupert Street; my house is at the corner, he only lived a few yards away; he came every day except Sunday. He was there more regularly than, anybody else, fie used to be there a great many hours, but he was not drinking all the time; he sometimes played bagatelle for amusement. The last time I saw the stick it was not broken; it was bent. Both Morris and Marks have always been well-conducted men in my house.
Detective HENRY RUTTER , H Division, stated that, on the way to the station, Morris Reubens said to him, "Just after one o'clock I went home with my young brother; I saw two men in the room with my wife and his young woman; we had a row with the men; I did not stab him; if he was. stabbed, my brother must have done it." At the station he took from his right leg, underneath his pants, the
gold watch and chain produced, saying, This is what you want; I own I robbed him; I did it in the street; I went back indoors and said to my young brother, 'I think he will be all right in a couple of hours '; I left him lying in the street." On searching him witness found the two keys produced.
Cross-examined. Morris did not say, "This will be my first conviction."
Cross-examined. Witness said he had inquired into prisoners' antecedents. A number of people were suggested to him as having employed Morris or Marks; in most cases witness's inquiries did not bear out the suggestion.
Police-constable PETER REDMOND , H Division. On March 25 I attended the inquest and took shorthand notes. Dr. Jones, in the course of his evidence (the knife being then produced), said, "Considerable force would be used to inflict that wound "; Marks said, "I should like to say, sir, that the knife was like that all the time."
EMILY ALLEN . I have known Morris two years and 10 months, and have been living with him all that time. During all the time I have gained my livelihood immorally. Morris (has not done any work to my knowledge; I paid the rent and kept up the place. On the evening of March 15 Ellen Brooks came to see me between seven and eight, and I went out with her. In Liverpool Street we met Sproull and McEacharn about 10 o'clock; after having several drinks we four went to 3, Rupert Street; McEacharn gave me 7s.; Sproull gave Brooks some money. We went out again and had more drink; eventually we all agreed to go home for the night. We got to Rupert Street about 20 to one; I was sober, the other three were intoxicated. Directly we got in Brooks laid on the bed and went to sleep; she was very drunk. Sproull gave her 16s.; as she had no purse she gave me all the money she had, 25s. 6d. We had been in the room about 20 minutes when I heard the street door open, and footsteps going into the yard. I went to the yard and there saw Morris and Marks; Morris had with him the stick produced; it was not then broken. I told Morry that me and Ellen had two men for the night, and suggested that he and Marks should go for the night to Ellen's room (in another house). They agreed, and I then left them and went back to room 13. McEacharn was rather quarrelsome; he did not want to stay; Sproull pressed him to settle down and be quiet; as Sproull had given Brooks 16s., I wanted McEacharn to give me 16s.; he refused; the three of us were talking loudly perhaps. Morris and Marks came into the room, Morris having the stick in his hand. I at once ran out of the room to the street door; I saw nothing happen, but I heard the men. quarrelling; very shortly McEacharn came out hurriedly and went away;
then the three other men came out together, into the middle of the road, and I went back to the room. In three or five minutes' time Morris and Marks came in; I saw the stick on the table, also the knife produced; it is Marks's knife; I did not notice anything about it, only that it was open. I said, "Oh, Morry" (or "Morry and Mark"), "What have you done?" Morry said, "That's all right, Emmie, you will be all right"; he told me not to upset myself, and to go up to Mrs. Nutt's room. I shut up the knife and threw it behind the gas stove. I went up to Mrs. Nutt's room; in a quarter or half-hour Morris came in; the stayed there till the police came, when he gave himself up. The handkerchief produced is mine; I had it on the night of the 15th; Brookes asked me to lend it to her, and I did so; it was then clean.
Cross-examined. I first made the acquaintance of Morris at a coffee house in Houndsditch,; at that time I was an unfortunate, and he protected me against a man who was attacking me. While I have lived with him he has treated me not unkindly. I do not know of his having done any work; he has attended race meetings; he has given me small sums occasionally; he did work at a stall on Mile End Waste on odd days. On March 15-16, between the time I left the house and the time I saw him in the yard, I had not seen Morris. There was loud talking in our room, but not to be called quarrelling; I had no idea there was going to be a row. When I ran out of the room, leaving the four men there, I did hear some bit of confusion; I supposed there was a fight. When the two prisoners and Sproull came out they seemed to be struggling together. I did not notice the knife until after prisoners had returned. Morris asked me to cut his tie off for him, as it was choking him, and I did so; the tie was very much twisted; it was not like that when I saw him in the yard previously. When I saw the knife I did not notice any bloodstains on it. I halve taken men to this house on previous occasions; there has never before been any disturbance.
To the Court. When prisoners came into the room I had not made any complaint or sought their protection in any way.
ELLEN STEVENS . I am 18 years old. I have known Marks 18 months or two years; I was a flower seller in the City; he was a newspaper seller. I have lived with him for about 18 months; he has provided some money, not much; he has done no regular work; I (have kept him and myself by prostitution—soliciting men in the streets. (Witness repeated the story as told by Allen of their meeting the two men, and going with them to 3, Rupert Street; she could prove nothing as to the graver events, as, directly the party got to the room on the second occasion she "came over sillified," and laid on the bed and slept till the police woke her.) I identify the knife produced; it belongs to Marks; I saw him with it a week before this occurrence.
No evidence was called for the defence.
Verdict (both prisoners), Guilty.
Mr. Justice Jelf complimented the police officers upon their excellent conduct throughout the case.
BEFORE THE RECORDER.
(Thursday, April 22.)
TAYLOR, Ernest Arthur (30, chauffeur), pleaded guilty of feloniously marrying Emily Kate Evans, his wife being then alive. Prisoner was married to Rose Clayton at Wandsworth Registry Office in August, 1905. Less than a year afterwards he became acquainted with Miss Evans, and, after intimacy, went through the form of marriage with her at Colchester, where she was employed as a school mistress. He subsequently persuaded her to give up her situation and live with him at Highgate, the house being about a quarter of a mile from where the real wife lived. Sergeant Hancocks stated that prisoner had been employed in various situations as chauffeur and nothing was known against his character.
The Recorder expressed the opinion that this was a bad case of its kind and sentenced prisoner to 12 months' hard labour.
GOODWIN, Arthur (21, carpenter) ; feloniously breaking and entering the dwelling-house of Lilley and Skinner, Limited, and stealing therein 27 pairs of boots and other articles, their goods; being found by night having in his possession, without lawful excuse, certain implements of house-breaking—to wit, one brace, one bit and one jemmy.
Mr. J. MacMahon prosecuted.
Police-constable WILLIAM SUTTON , 895, City. On March 25, about 20 a.m., I was on duty at the rear of 115, Bishopsgate Street. I came across prisoner standing in a recess in a private yard in the occupation of the Great Eastern Railway Company, I having gained access thereto by means of a key supplied by the company. He was wearing brown kid gloves and was brushing his clothes, which were dusty, with a hair brush. Standing by the side of the wall was the canvas bag produced, which was afterwards found to contain 27 pairs of boots which have been identified as—the property of Lilley and Skinner. I said to prisoner, "Halloa! Where did you come from?" He said, "I have just dropped from the skylight of Lilley and Skinner's." The skylight does not project into the yard. He would have to climb over one or two roofs to get into the yard from the skylight. I took him into custody and took him to the station. On him were found a brace and a bit, housebreaking implements, and 2 1/2 d., and a watch and chain, which were afterwards identified at the police court. The laces produced were found in the bag with the boots. He made no reply to the charge.
the rear of 115, Bishopsgate Street. I found marks on a broken wall about 12 ft. high leading to the roof of 115. I also examined the glass roof and found that a pane of glass had been forced from the skylight by some blunt instrument. A pair of steps was standing immediately below the aperture. The distance of the skylight from the floor of the workroom is, I should say, about 9 ft., and I should say the steps were placed there to enable a person to get out. There would be no difficulty in getting into the workroom, but there would be difficulty in getting out, more especially with property. There was a large heap of empty cardboard boxes lying about on the floor of the kind that boots are packed in. I found the "jimmy" produced lying close to the telephone box. There were fresh putty marks upon it. At the rear I found this brush. There are two low roofs between the shop and the wall of the yard. The wall is broken and forms a sort of artificial stairway and there were footmarks on these steps. At Bishopsgate Station prisoner asked me if I had found a "stick." I held up the "jemmy" and said, "I found this in the shop." He said, "Yes; that is it; that is mine."
Prisoner said the statement about the "stick" was absolutely false and there was a conspiracy against him.
HENRY THORPE . I am in the employment of Messrs. Lilley and Skinner. On Friday, March 26, I left the premises about five minutes to 10. The glass roof was in perfect condition; no pane of it was broken. I got to the shop about 10 a.m. next day. The manager opens it at nine am. Five panes of the glass roof were broken. I identify the boots produced as the property of my employers.
Prisoner made a statement to the effect that he found the gate of the yard open, and, on going in, to his surprise, found himself face to face with a policeman. The policeman said. to him, "What are you doing here?" and he replied, "I have just come in by that gate." Then the policeman said, "Oh, no, you have not; you have just dropped from Lilley and Skinner's." The prisoner, in reply to that, said, "You are lucky to catch me, as I thought it ran right through."
Detective-sergeant FREDERICK BAREHAM gave evidence of making inquiries concerning prisoner from his employers. One said he worked fairly well, another discharged him for being lazy, and the third gave him a fairly good character.
Verdict, Guilty. A number of previous convictions were proved.
Sentence, 18 months' hard labour.
HARVEY, John (37, merchant), and FLETCHER, Benjamin (26, dealer) ; both obtaining by false pretences from Percy Edward Lewis a quantity of cigars and cigarettes, from George Bowerman a quantity of gimp, from Howell Bertram Hicks, a quantity of silk, from George Davidge a quantity of buttons and velvet, and from Bernard Robinson a quantity of sardines, in each case with intent to defraud; both unlawfully conspiring together to obtain the before-mentioned articles by means of false pretences with intent to defraud; both unlawfully conspiring with John Edwards. to obtain, the before-mentioned articles by means of false pretences with intent to defraud.
Mr. Symmons and Mr. Graham-Campbell prosecuted; Mr. Curtis Bennett and Mr. Jack Ganzoni defended Harvey; Mr. Forrest Fulton defended Fletcher.
This was a long-firm case presenting the usual features. Prisoners obtained premises upon references written by themselves in different names, ordered in goods and moved out before quarter day.
RICHARD MARRIOTT , estate agent, 35, Fairfax Road, South Hampstead. I received a letter dated 3. 12. 06, signed "W. Harris," of West Ham Lane, offering £125 a year for certain premises at 21, Harp Lane, Great Tower Street. I made a note on it "£150." The rent required was £150 for three years. I wrote to Mr. Harris, and received a reply accepting a tenancy for three years at the sum named. I then asked for references, and was referred to a Mr. F. Peck and a Mr. B. Rosenberg, of Bethnal Green, general merchant and importer. I was satisfied with the references and let Harris the premises. While the premises were vacant and before the agreement was signed I went to Harp Lane, and there saw the man calling himself Harris (prisoner Harvey), and eventually accepted him as a tenant from Christmas, 1906. At the end of the March quarter he asked me to waive a quarter's rent as there had been some delay on my part in putting up a partition, which had prevented him starting in business properly. On. June 23 I received a communication from Mr. Knight, the housekeeper of the premises. In July, 1907, I received a communication from "W. Harvey and Co., merchants and warehousemen," informing me that the firm had been unable to meet their engagements owing to losses. I took possession, of the premises, and there was nothing more to be done. I did not know that prisoners subsequently went under the name of John Walker and Co. at 39, Great Pulteney Street. I never saw Fletcher, to my knowledge.
(Friday, April 23.)
Cross-examined by Mr. Curtis Bennett. When I saw prisoner Harvey there was another man with him. I did not see the agreement signed. I cannot say whether I have seen the other man on different occasions as I did not pay any regard. to him. When I saw Harvey at Harp Lane I addressed him as Harris and he said "Yes." and shook hands with me.
WILLIAM HENRY PRICE , assistant manager, Union of London and Smiths Bank, Regent Street 'branch. The firm of John Walker and Co., 39, Great Pulteney Street, had an account at the bank. The account was opened by prisoner Fletcher. I saw him sign the signature book. He brought an indiarubber stamp with him, "John Walker and Co.," and then put his name underneath. (Witness was then shown Exhibit 17, a cheque for £26 13s. 7d., with the signature "John Walker and Co., J. Walker"; Exhibit 19, an order for
goods; Exhibit 22, a letter dated December 13, 1907, signed "John Walker and Co."; and Exhibit 25, a letter dated December 23, 1907, and declared them all to be in the handwriting of prisoner Fletcher. The signature book and the various documents were then handed to the jury for inspection.)
JOHN KNIGHT , housekeeper, 20 and 21, Harp Lane. Towards the end of 1906 prisoner Harvey came to look at the premises. He gave the name of Harris. Later on he met Mr. Marriott there and took the premises. From time to time I saw him there until June. The name "Harvey and Co., warehousemen and merchants," was painted on the windows. I also saw prisoner Fletcher there, but I did not know him by that name till I saw him at Marlborough Street. Besides the two prisoners there was a clerk. I went into the office about once a week. The back part of the premises was used as a warehouse. I never went in there as it was always locked. In the office there were samples lying about and a few books. On the Saturday before the June quarter day I heard a noise on the ground floor. I went downstairs and saw a man outside. This was at half-past six or seven o'clock in the morning. I saw Fletcher there. All the office fittings were being put into the van. I said, "Holloa, what is the little game? Are you going to have a shift out? Quarter day is on Monday."
At this stage prisoners, by the advice of counsel, pleaded guilty.
Detective-sergeant CHARLES VANNER , C Division, stated that Harvey is a German Jew, his real name being John Harris Rosenberg. He has been in this country 26 years, and Fletcher is a relative. This sort of thing had been going on since 1905, and there had been many complaints. They had carried on business as Harris and Co., 36, Leadenhall Street; Harris and Farmer, 13 and 14, Little Britain; Keith and Co., 44, Cambridge Road, E.; and E. and F. Peck; W. Harvey and Co., Harp Lane; Walker and Co., Great Pulteney Street; and Fletcher and Co. He was informed that they had been carrying on this kind of fraud for the last 15 years. £800 worth of property had been dealt with between June and December last.
Mr. Symmons called attention to the banking account, showing a turn-over of £1,179 12s. 3d. The account was closed by two drawings, one of £95 to Harvey, and one of £56 10s. to Fletcher.
Sentences: Harvey (who has been previously convicted), 12 months' hard labour; Fletcher, Eight months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, April 22.)
PROWEN, John (48, horse dealer) ; being entrusted by Alfred Steel with certain property, to wit, the sum of £10 in money and two Bank of England notes for £5 each, his goods and moneys, in order that he might apply and pay the said property for a certain purpose, did unlawfully and fraudulently convert the same to his own use and benefit.
Mr. Drummond prosecuted; Mr. Purcell defended.
ALFRED STEEL , 41, Hatcham Park Road, New Cross, horse dealer. Prisoner was in my employ at 10s. a week and commission. He had to go and buy horses at different places, receiving a commission of 5s. on each horse bought. On March 1, at about 8.30 p.m., prisoner asked me if he might go to Maidstone auction on the following day. I said, "Yes, you can go, but I must go and get some money first. We will go to Mr. Penney's." Penney is a greengrocer and general dealer who owed me money. Prisoner, my horsekeeper and myself went to Penney, who handed me two £5 notes and £13 in gold. I handed prisoner the two £5 notes and £10 in gold and told him as soon as he bought a horse or whatever he did he was to wire direct to me as soon as the sale was over. I never received a wire and never saw prisoner until the following Sunday. One horse was delivered at my place, but not from the prisoner. That was bought by W. Dalton, of Deptford, and I paid him for it £6 10s. I was looking for prisoner, and on Sunday, March 7, I saw him in the "Artichoke" public-house, Camberwell Green. He had a crowd of men with him. I asked for my money. He said, "I have got no money of yours," and got up to walk away. I got hold of him and stopped him. He said, "I have got no money of yours. Do not let him kill me, mates." He made a slash at me with his stick, which I took from him; there was a scuffle and the police came in and turned us out. Prisoner followed me out and gave me into custody for assault. I said, "Well, I will give him into custody for robbing me of £20." We all went over to the police station, which was opposite the public-house. The inspector said, "Have you reported this case before?" I said, "Yes." He said, "If you have I will keep the prisoner here." I charged prisoner at Deptford Police Station at about 6.30 p.m., he having been taken there from Camberwell. When I came out of Camberwell Station I met Bird, who made a statement to me and afterwards gave me £7 in. a purse in the presence of Sergeant Beevis. I refused to receive the money except in the presence of the detective.
Cross-examined. Penney was not present when I arranged with prisoner to go to Maidstone—he was present when I gave him the money. I then told prisoner in front of Penney, "When you get to Maidstone, when you have done your business, Jack, send me a telegram." Penney keeps a shop and some stalls. I have known him a good many years, and have bought one or two horses from him and he has bought horses from me. My horsekeeper, Farbey, was also present when I gave prisoner the money. I know Ovenell—I saw him on Saturday, March 6. I received no horse from him. He did not tell me he sold a horse to prisoner for me for £5 10s. Phil is a boy employed about my stables; he cuts the chaff. Ovenell's horse was not delivered to him. I drove to the "Artichoke" in a brougham alone. I did not go into the public-house with four men and hit prisoner with a stick—he hit me with one. I wrenched the stick away from him and it scratched his face and made it bleed. Prisoner
then crawled under the table, to try and get out of the door. Bridge drove me there—Bridge was not charged with assaulting prisoner that I am aware of. I have known Bridge a good many years. He is not in my employ. He did not come to Court with me. I have seen him to-day here.
(Friday, April 23.)
I did not see prisoner hand his purse to the barman—the barman was not there. I told the magistrate that the prisoner handed his purse to the barman so that I should not get it. The barman told me so. Prisoner walked out of the bar and told the sergeant I had assaulted him, and we went to the police station. I then charged him with stealing £20, having previously reported it to the police. Prisoner said he had only had £7. He repeated that at the Deptford Police Station. At 2.30 p.m. on that Sunday afternoon Beevis went with me to Bird, and Bird handed me the purse containing £7. I did not say, "I shall charge the barman with having stolen the money." Bird had told me the barman had the £7 and I asked him to get it. I refused to take it from him except in front of a police officer. I told Bird to get the money if he could—then I knew the money was safe. I did not go to Maidstone myself because I am an undischarged bankrupt and the Maidstone people made me a bankrupt. My liabilities were £605. No dividend has been paid, but there is £700 or £800 owing to me. When prisoner bought horses for somebody else he shared the commission with me, or he should have done; he was my servant, and any horse he sold for another man I should share in the profits of. I have no banking account. I have known Palsey eight or 10 years. I do not know if he has a banking account. I do not use his banking account. I could not swear to his Christian name. I do not know where he lives. He was in my employ 10 years ago. He is in business for himself now. We used to call him "Bob." He has been subpœnaed by the prisoner. He did not go with me to the police court. He drove away with my solicitor from the Court. I may have told the Examiner in my bankruptcy Palsey's name and address, but I do not know his address to-day. I then gave his address at Widrington Road. At the time of my bankruptcy I pawned my watch and chain for £10, thanded the ticket to prisoner, and gave the £10 to my wife. My wife gave me the watch and chain and the rings, so I gave her the money back. I had an organ valued 10s. I had not bought corn and horses since my bankruptcy and not paid for them. This is the third transaction with prisoner, and it is the third time he has run away with my money. I have trusted him again, and perhaps will do so again. I do not wish to see a man in trouble and would give him a chance. In March, 1908, prisoner bought a gelding from Lunn, of Orpington, I for me for £9 5s. He robbed Standen, of Waterbury, of a horse and I never paid for it. I had the horse and paid prisoner £9, and he I never paid the owner. I have known that about five or six months. I
This is the second time in my life I have charged people in my employ with robbing me. I charged a man at Greenwich and asked the magistrate to dismiss him as I got my property back. I was a witness at this Court against a man named Yorkey. The Jury acquitted Yorkey. He may have said that I ought to be in the dock I instead of him—he is a fellow that would say that.
Re-examined. Nothing was said about charging Bridge with assault. Before I charged prisoner on Sunday I had reported the matter to the police on Saturday, March 6. The watch and chain my wife bought for me with a little money that she had. We had to make use of the money and I gave it to her.
GEORGE FREDERICK PENNEY , 36, Acorn Place, Peckham, greengrocer. I have done business with prosecutor at different times. I had bought two horses and a set of harness. On Monday, March 1, between nine and 10 p.m., prosecutor, Farbey, and prisoner met me at New Cross Gate and I paid prosecutor, £23 in two £5 notes and £13 in gold, Prosecutor gave the two £5 notes and £10 to prisoner and told him to go to Maidstone in the morning early and wire him back sharp if he did any business. Prisoner said, "All right, Alf," I and went away. I then went away on a tram.
Cross-examined. I have known prosecutor 10 or 12 years. I keep one shop and some stalls. I have recently sold a shop in the Commercial Road and taken another one at 36, Acorn Place, rented at 14s. a week. I also keep a stall, where I sell plants. I keep horses—sometimes two, sometimes four; I have three now. I use them in my business and hire them out. I have two vans. I bought two I horses and a set of harness from prosecutor about three days before March 1. I think I could tell you where I got the two £5 notes from—I think it was the Royal Horse Repository, Barbican. Prosecutor has not told me what evidence he had given here. I heard him I tell prisoner to go to Maidstone and wire at once if he did business. He did not say to prisoner, "Here are £7. If you want any more I will wire it, as we always do." Farbey was standing near us and could have heard what was said. I have been warned not to come here to give evidence this morning, because the prisoner has got a gentleman here who can give me two years' imprisonment. Prisoner pulled me up last Saturday week and told me he would give me two years if I came here to give evidence. I took the notes out of my pocket. I had three and handed two of them to prosecutor.
Re-examined. I have been 36 vears in business and have done fairly well.
GEORGE FARBEY , 10, Dean's Building's, South Street, Walworth, horsekeeper to prosecutor. On March 1, between nine and 10 p.m., I was at New Cross Gate with grosecutor and prisoner when we met Penney. Prisoner said he wanted to go to Maidstone to-morrow to buy some horses and asked prosecutor for some money. Prosecutor said, "Come along, I am just going round to meet Mr. Penney." We went along and met Penney, who said to prosecutor," I was just coming round to your place—I have got some money to give you." He gave him two £5 notes and £13 in gold. Prosecutor gave prisoner
the two £5 notes and counted out £10 in gold into his hand Prisoner counted it over and put it into his pocket. Prosecutor said "Whether you buy or whether you do not, send a telegram so that I know." I have been in prosecutor's service between nine and ten years.
Cross-examined. I have seen prosecutor give other people money when he has bought horses. Penney had bought two horses and a set of harness from prosecutor for £23. I saw Penney had more £5 notes in his pocket. Prisoner said before Penney that he wanted to go to Maidstone in the morning. Prosecutor said, "Send us a wire back whether you buy or not. Do not run away with it this time." If I did not say before the magistrate that prisoner said, "Wire to-morrow morning whether you buy anything or whether you do not," it was because I was not asked. Prosecutor did not tell me that he had given that evidence here. Prosecutor never said anything about this to me after March 1. About a week afterwards he told me I was to go to the police court and give evidence.
Re-examined. I knew prisoner was missing. I had not received any telegram from Maidstone. There is no truth in the suggestion that I have been coached by prosecutor what to say.
Detective-sergeant FRANK BEEVIS , R Division. On March 6 prosecutor met me and made a statement, and on Sunday afternoon, March 7, I saw prisoner at Camberwell Police Station. I told him I should charge him with stealing two £5 notes and £10 in gold. He said, "Steel never gave me any notes; he only gave me £7. I bought a horse which I paid £5 10s. for, and the other 30s. I kept as expenses." When charged at the station he said, "He only gave me £7." On that afternoon I went with prosecutor to Bird, who handed over £7 to prosecutor in gold in my presence.
Cross-examined. Prisoner said he had bought a horse for prosecutor at £5 10s. from Ovenell. I know Ovenell's address. I told prisoner I would go to him and he could have Ovenell as a witness if he wanted one. Prisoner told me he had handed £7 to the barman at the public-house in Peckham because he was afraid the prosecutor and others were going to turn him up—. that was the £7 prosecutor received from Bird. Prosecutor told me Bird had shown him the £7 and he would give it to him before a witness. I asked Bird if he wanted a receipt.
JOHN PROWEN (prisoner, on oath). I live at 22, Nutcroft Road, Peckham. I have been working with prosecutor three or four years. I go into the country buying horses for him, and he gives me what he thinks I am worth—according to the amount of profit he gets on the horses. If I buy none I get no money. Prosecutor pays my expenses, generally about £2 or £3. The reason he sends me into the country is because he must not go himself—he has robbed auctioneers and dare not go; they will not take his bids. He carries on his business by getting men like myself and others
to buy for him; 'be has got four or five men now buying for him Palsey is a man that works for prosecutor as a stableman at 25s. a week; prosecutor has got a banking account in Palsey's name and all the cheques are written by prosecutor. I have known prosecutor eight or 10 years, and know that he and Palsey have worked together in that way. I buy horses for different people who pay me commission, which I keep—I do not share it with prosecutor. On March 1 prosecutor said, "I want you to go to Maidstone to-morrow. You know I must not go there because I robbed Waterman" (that is the auctioneer) "of over £200. Here is £7." I said, "All right, I will go; give me the money." He gave me £7, saying, "That is all the money I have to-night. If you want more pay a deposit and wire me as usual." I have been in that way going for him to Maidstone, Strood, Chatham, Rochester, all over the country, and if he has not much cash I can buy 20 horses, pay a deposit of £5, and wire to him to send me more and clear them. No one else was present when he gave me the £7. Farbey was then at the Elephant and Castle Horse Repository. I went to Maidstone the next morning and bought a cob for a gentleman I took with me—nothing to do with prosecutor—named Webster, a glass merchant, from George Russell, a big horse dealer, at £20, receiving £25 for it and making £5 for myself. I returned from Maidstone, and the next day (Wednesday) I bought a horse from J. Ovenell for prosecutor for £5 10s., which Ovenell delivered to prosecutor. On Sunday, March 6, I was in the "Artichoke" public-house at about 1.20 p.m. with Bird. Prosecutor came in followed by four or five ruffians—one of them was a man who knocked me down and tried to rob me nine months ago—named Arthur Bridge. Prosecutor struck me with a stick and cut my chin, making it bleed, and knocked me on the floor. It was his stick. It is not true to say I hit him and he took the stick from me and scratched me with it. I had £7 in a purse and 4s. 11d. in loose money. I got up, ran to the barman Southgate (who is here), said, "Mind this," and handed him the purse. The barman jumped over the counter and turned prosecutor out; a police sergeant came to the door. I said to the sergeant, "I wish to charge him with assaulting me; look at my chin." The sergeant said, "You had better both come over and settle the job." We went across to the police station. Prosecutor went up to the inspector and said, "I charge this man with stealing £20." They bundled me into the back. I said, "I have not had £20; I have had £7." I was kept there for about two hours, when Sergeant Beevis said, "Steel is going to charge you with stealing £20." I told him I had only had £7; that I had bought a cob at Maidstone and made £5 by it. I said Steel never gave me any notes; he only gave me £7, and that out of it I bought a horse from Ovenell for him, for which I gave £5 10s., and the other £1 10s. I kept for expenses. Beevis's account is substantially correct. I also told him that I had handed £7 to the, barman.
Cross-examined. It has been proved that prosecutor robs everybody; he dare not go into the market to buy horses. He has never
paid them—is not that robbing them? I have never robbed anyone in my life. I was charged at Lambeth Police Court on April 23, 1898, with embezzling £13 2s. I bought a horse, tried to get a profit out of it, and lost the horse. I admit that occurred 11 years ago. I think you will find prosecutor has been convicted too. I was working for Hayes at that time. I was not in prosecutor's employ; he did not pay me 10s. a week. It is absolutely untrue that money was given to me in the presence of Penney and Farbey. The £7 was given me by prosecutor in the New Cross Boad, close by the "Crown and Anchor," at about nine p.m., as I was going to the stables to meet prosecutor to see him about Maidstone. It is usual for a man employed as I was to buy horses at the auction, pay a deposit, and wire for more money. I bought a horse for prosecutor, at Deptford, of James Ovenell, for £5 10s. on the Wednesday after I came back. On Sunday at the "Artichoke" was the first time I saw prosecutor after going to Maidstone. I will give you my reasons: There was a horse sale at Tunbridge after Maidstone. He said to me, "I want you to go to Critchett's sale at Tunbridge. He knows you; take one of Palsey's cheques, give it to him, and we will stop it." I said, "I shall not do anything of the kind." "Here," he says, "take some of these bobby bank notes; you can sell these for 50s. apiece in the country"—they were Bank of Engraving notes, what they call "Sneyd notes." That was said on March 1 before I was going to Maidstone. On Sunday at the "Artichoke" prosecutor hit me on the chin with a stick; I went out to charge him; the policeconstable said, "Come over and settle the matter at the station." I was put in the back of the room and kept there from 2.45. till five o'clock. I did not authorise Bird to give the £7 to prosecutor. Bridge did not assault me on this occasion—he did nine months ago. I have been in Backhands employ—not on regular wages—buying horses for him and receiving on Saturday what I had earned, amounting to 25s. or'30s. a week; I was buying horses for anybody. I have bought 300 or 400 horses a year. I left Backham because prosecutor persuaded me to.
Re-examined. I pleaded guilty of embezzlement and received six weeks' imprisonment for ft in 1898; that is the only time I have been convicted. I have never robbed prosecutor. Waterman was the auctioneer at Maidstone, who had proved for £200 in prosecutor's bankruptcy for horses which prosecutor had bought and not paid for.
JAMES OVENELL , Hale Street, Deptford, carman and contractor. On March 3 I sold prisoner a horse, which he told me he bought for prosecutor, for which prisoner paid me £5 10s. I sent the horse by my man, George Santer, to presecutor's stables. On Saturday, March 6, I met prosecutor in a coffee-shop in High Street. He asked me if I had seen Prowen. I said, "I have not seen him since Wednesday; since I sold him the horse." He said, It is a cheap horse. I wish you had nine or 10 more to do at the same price—in fact, I should like to give you £6 10s. apiece for theme" I afterwards heard that prisoner was charged with this offence.
GEORGE SANTER . I have been employed by Ovenell 12 years. On March 3 I took a horse by Overall' orders to prosecutor's stable at "Crown and Anchor" Yard, and delivered it to a man in his employ named "Phil."
At this point the Jury stopped the case and returned a verdict of Not guilty.
Mr. Purcell applied for an order that prosecutor repay to prisoner the £7 paid to him, and also pay the expenses of the defence. Both orders were refused.
BEFORE THE RECORDER.
(Friday, April 23.)
Mr. Johnson prosecuted.
Police-constable THOMAS HAMBLIN , 511 P. On the early morning of March 19 I was on duty in St. Thomas's Road, New Cross. I heard shouts of distress coming from the direction of Malpas Road. Proceeding there I saw prisoner and prosecutor struggling on the ground in the roadway. As I approached them prisoner broke away from the prosecutor and ran in the direction of Lewisham High Road. I followed him, and when I got near him prisoner threw something from his hand. I caught him. Going back to the prosecutor, who was approaching us, prisoner picked up this purse (produced) and handed it to me. It was, I should think, about 15 yards from where the struggle took place. Prisoner said, "I have not got his money"—there was no one else there at all—"he must have threw it away himself," or something to that effect. I examined the purse and found in it £3 10s. in gold, two sovereigns, and three half-sovereigns. Prosecutor then came up and said, "This man has stolen my purse" and gave him into custody. I took him to Brockley Police Station, close by, where he was charged with stealing £4 10s. When the charge was read over to him he said, "That is a false charge against me. He wanted to take a liberty with me. He wanted to take my trousers down." That was said in the presence of prosecutor, who made no remark. I searched prisoner and found on him 3d. in bronze.
To Prisoner. You mentioned something about a broken bottle. I saw some broken glass, but that was some distance from where the struggle took place.
JOHN ANDERSON . I am a Norwegian, and on March 19 was ship's carpenter on the "Kent," then lying moored to buoys at Charlton. About two o'clock I came ashore and went first to the "Red, Lion" to meet a friend. After closing time I went to go aboard the ship. I think I was then in High Street, Deptford; it was somewhere where there are trams running. As I was standing waiting for a
tram, wondering which way I ought to go, prisoner came up to me and asked me if I could spare him a couple of coppers for a night's lodging. I gave him the coppers I had in my pocket; I do not remember whether it was 2d. or 3d. I said to him, "Is there any more trams to be got; I want to go to Greenwich to the ship." I was lost a little bit like and asked him which way I should go. He said, "I am going tine same way; come along." I was not drunk. As I was walking with him I came to think we were going the wrong way; the houses seemed to be getting small like. I said, "You do not know yourself the way to Greenwich," and I turned and walked back again. Prisoner, who was walking a little bit behind me. then said the money I had given him was not enough to pay for a lodging. I had no more coppers loose in my pocket, but thought I might have some in my purse, so I pulled it out and tried to open it. Then all at once he was in front of me and forced it right out of my hand. I seized him at once by the jacket. Then we struggled for a bit and he got me down and knelt on my chest and I was trying to push him off. I got clear after we got up again. Then he ran, and I ran after him. The policeman ran after him and brought him back, and I charged him.
To the Recorder. There is no truth in prisoner's allegation that I attempted to take an indecent liberty with him and wanted him to take his trousers down. I did not throw away my purse.
To Prisoner. I did not ask you to take your trousers down; never; that is a lie; I never did ask such a thing. You did ask me for coppers I did not strike you with a bottle.
GEORGE DEACON , tram conductor, 75, St. Thomas's Road, New Cross. On the early morning of March 19 I was in St. Thomas's Road going home. I heard a man shouting, as though in distress, "Police!" or "Murder!" or something like that. I ran into Malpas Road, where the sound came from. There I saw two men, last witness and-prisoner, struggling in the gutter, both on the ground. One broke loose and got away before I and the policeman got to them, The policeman ran after him and caught him. When he was being Brought back he picked up the purse. I saw it opened; it contained £3 10s. I went with them to the station and heard prisoner allege that prosecutor had tried to take an indecent liberty with him and had tried to take his trousers down.
To Prisoner. I saw a broken bottle living on the ground.
Constable HAMBLIN, recalled. Prosecutor had been drinking, but was sober, though very excited.
Prisoner handed in a written statement, in which he said the charge was absolutely false. He had no cause to do such a thing, as he had a good home and good parents and was in regular employment at the time. He also referred to the fact that he was bound over at Newington Sessions in 1906 for warehouse-breaking, having, he said, been led astray by an old criminal. He also repeated the
allegation as to prosecutor having attempted to take indecent liberties with him.
ESTHER NEIL , 17, Idonia Street, Deptford, prisoner's mother, stated that her husband is a slaughterman in Deptford Market. Prisoner lived at home and worked at the market as a slaughterman, earning anything between 30s. a week and £4.
Verdict, Guilty of robbery. Prisoner pleaded guilty to the previous conviction.
Sentence, 15 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Friday, April 23.)
MCLEAN, Gordon (36, waterman), and WARNER, George, otherwise Edward George Dunmore (37, waterman); McLean obtaining by false pretences a certain valuable security, to wit, a banker's cheque for the payment and of the value of 30s., with intent to defraud; both obtaining by false pretences the sum of 2s. in money from Thomas Arthur Ellis, with intent to defraud; Warner, obtaining by false pretences on January 15, 1909, from Frederick Charles Goodchild, the sum of 5s.; on January 26, 1909, from Frederick James Butler, the sum of £1; on February 19, 1909, the. sum of 21s.; on February 22, 1909, the sum of 10s.; and from Oswald Henry Clarkson on March 11, 1909, the sum of 21s., in each case with intent to defraud; McLean, obtaining by false pretences on December 24, 1906, from Walter Alfred Ives, the sum of £1, and on March 8,1909, from Claude Aaron Hickman, the sum of 23s. 6d.; in each case with intent to defraud; attempting to obtain by false pretences on January 23, 1909, from Frederick Charles Goodchild, certain money with intent to defraud; Warner, unlawfully committing wilful and corrupt perjury in the testimony which he gave upon oath, as a witness at the trial of a certain cause between the owners of the s. s. "Envermen" and the barque "Stant" and her freight, and the steam tug "Champion," in the High Court of Justice (Admiralty Division); both conspiring and agreeing together with divers others to defeat the ends of justice and prevent the course of justice.
Mr. Trevor Bigham and Mr. Harben prosecuted.
HARRY PERRY , 8, Albion Villas, Leytonstone. I am a clerk in the employment of Messrs. Swepstone and Stone, solicitors, 31, Great St. Helens, who were instructed to bring an action against the owners of the "Runswick" in connection with this collision. I saw the prisoners at our offices on March 3. They came to say they were sent up by the captain or pilot of the "Prince Charles" with reference to the collision. McLean stated that they were master and mate of the tug "Traveller," which was following up the "Prince Charles," and that they had seen the collision. I told Mr. Ellis, and he told me to tell them we were not taking any statements
just then, but to take a note of their names and addresses, which I did. They were 5, Alexandra Cottages, Lewisham High Road, and 18, Pear Street, Canning Town. They asked if they would be allowed anything for expenses. I spoke to Mr. Ellis about it, and he told me to give them the price of a drink. I gave McLean 1s. and told him to give Warner half of it. They grumbled, and wanted to know what sort of a drink they could get with it. I took the shilling back and eventually gave McLean 2s., and told him to give Warner half of it. On Friday, March 5, I had a telephone message and recognised the voice as McLean's. He said he had received a letter from Messrs. Cooper and Co. asking him to call (they are the solicitors on the other side—for the "Runswick"), or to give them an appointment when they could call and see them, and he wanted to know if we wished to take a statement from them or whether they should call and see Messrs. Cooper. I told him that Mr. Ellis, who had the matter in hand, was out, but that I would mention it to him on his return, and we would write him. I did so, and wrote asking him to call, which he aid the next day, and saw Mr. Ellis in my presence. He made a statement about the collision which I took down in shorthand, and afterwards made a transcript of it (produced and read): "I am the captain of the tug 'Traveller.' At the time of the collision I was coming up the river following up the 'Prince Charles.' I had a string of four barges behind me," etc. The "Prince Charles" was the ship we were acting for. I do not remember whether I gave it to McLean or to Mr. Ellis. I left the room for a time and went to the outer office. I afterwards saw McLean again in Mr. Ellis's room, when I saw him endorse this cheque for £1 10s. (Exhibit 4), dated March 6, which foe 'handed to me to cash, and I gave McLean the money for it. I saw him again the following Tuesday, March 9, when he called with, another man and said his boat had had a smash-up (the "Traveller"), and that they had been round to see Mr. Harvey about it, and that tine man with him was his engineer. He said he thought as they were in the City we might wish to take a statement from the engineer, so they thought they would call. I told them Mr. Ellis was out and asked them to call back later.
To McLean. On the first occasion when you called you said you were sent up by the captain or pilot. You did not not say it was a fellow with a black moustache I asked you if it was a man with a rather long moustache. I may have made one or two mistakes certainly in my shorthand notes. There were several corrections when it was read to you. You did not make any objection to the statement when the transcript was read by you. The statement you gave might bear out the statement of the captain of the "Prince Charles" in some respects. I heard his statement and yours—there is a lot of difference between them. I have not got his statement with me. I saw you when you called on Saturday, and Mr. Ellis came out as well. He told me to give you the price of a drink. You did not say, "I did not come here for no drinks." I did not know
that by arrangement with Mr. Ellis you had to call Tuesday or Wednesday.
To Warner. I gave you no money on that occasion; only 2s. to McLean. That is the only time you came to our office. You both asked for expenses.
To McLean. I did not hear Mr. Ellis say to you that if there were any corrections to be made you were to come there on Tuesday or Wednesday. I saw him give you that cheque in payment of loss of time, and I gave you the money for it in Mr. Ellis's room. You signed it in his presence. I did not hear Mr. Ellis say if you wished to make any alteration in your statement you were to take it home with you and read it over.
ARTHUR THOMAS ELLIS , solicitor, partner in the firm of Swepstone and Stone. We were instructed by the owners of the "Prince Charles" in an action against the owners of the "Runswick." I saw the prisoners on March 3, when my clerk, Perry, brought me a message, and I went out and saw them in the lobby. I said to McLean, "You are captain of this tug?" He said, "Yes." And to the other man, Warner, "You are the mate?" He said, "Yes." I told them at that moment I was not taking any further statements, but I instructed my clerk to take their names and addresses. The name of the tug mentioned was the "Traveller." McLean was the spokesman. He then said, "What about our expenses?" I told my clerk, Mr. Perry, to "give them the price of a drink" (I think the words were), and then left. I believed their statement. If I had known it was not true I certainly would not have ordered any money to be given them. On Friday, March 5, I had a conversation with Perry about the matter, and on March 6 I saw McLean again, when he was brought into my room. McLean gave me a statement of facts, and it was taken down by Perry in shorthand. I asked him how it was he came to see me, because apparently he came voluntarily, and he told me he was sent up by the captain or pilot of the "Prince Charles." The "Prince Charles" has not a pilot. I asked him to describe the man and it fitted in, I thought, with Captain Davis, of the "Prince Charles." I then dictated his statement to Perry. I think, as a matter of fact, the most material part was taken down in his actual words. I do not think I altered that at all. When it was transcribed it was brought back into the room. I told him to read it through to see if it was all correct. He read it through and said it was quite correct. I think before he signed it he inquired about his fees, but I am not quite sure whether it was before or after. He ultimately signed it, and he asked me what he was going to get for it. I told him I supposed the usual guinea. He said that would not do, because it was a very valuable statement and nobody else could tell me the special facts contained in that statement. I admitted it was more or less so, and paid him the 30s. he asked for, and gave him a cheque for it, which he signed in my presence. Exhibit. 3 says: "I am captain of the tug 'Traveller' At the time of the collision I was coming up the river following up the 'Prince Charles,"' etc. I believed that statement. Had I known it was
untrue I should certainly not have given him any money. He says in the statement that he heard a dispute between the captain and the engineer as to whether he had been told to go astern or ahead. As to this statement I may say the case is still sub judice. I saw. Captain Davis on Monday, and later I saw Parker. On the 9th I again saw McLean at my office, also Mr. Walter Ellis, who is connected with the owners. McLean brought the statement with him. He had taken it away with him to consider and see whether he wanted to make any alterations in it between Saturday and Tuesday. Knowing it was false, I put to him, "Are you quite sure that is correct?" and he said it was. I said, "It is a very funny thing, because I have just left Captain Parker and he says he is the real owner of this tug and does not know you at all, and that the tug never goes to sea without his being on board. I then showed him Captain Parker's business card (Exhibit 2). I said, "Is that the card of your tug 'Traveller'?" and he said, "That is right." But he explained that Captain Parker was really the managing owner and he did not really go out in her—that he (McLean) was the effective master of the "Traveller." He said he would see Captain Parker and get at the bottom of the matter, that it was very puzzling, and he would make inquiries and convince me. I asked him how he could explain it and convince me, and he showed me his license, of which I promptly took the number.
To McLean. I dictated the statement to my clerk and he read it. I cannot read shorthand. After it was transcribed my impression is you read it or he read it. I asked whether it was all right. I had never seen you before in my office. Your statement does not corroborate that of the capain of the "Prince Charles" altogether—in fact, on one particular point it quite contradicts Captain Davis's statement. I gave you three models and put them on the table and asked you to show how the ships came into collision. You placed them more or less to my satisfaction, showing how the collision occurred according to the captain's evidence. It was not very clear, but that was explained by the fact that there was a thick fog at the time and you were a good way off. I gave you money for your loss of time and expenses really. I do not purchase truth or falsity. You called at my office on the Tuesday by arrangement. I do not think I saw anybody else with you. I heard there was somebody in the lobby. I should naturally place more reliance on the word of the captain of the tug than a mere waterman in a boat. I believe you have been very successful in seeing collisions. I cannot contradict that you told me the previous day there were three collisions within the space of 20 minutes. We come to you sometimes and we sometimes leave word with anybody to send witnesses up to our office that we want. I am not sure we asked you who sent you when you came on the first occasion. No doubt if a perfect stranger came to my office and volunteered to give evidence I should ask who sent him. I was only there for a few minutes and my clerk for some few minutes. I went out and left you in my room for a quarter of an hour or 20 Minutes. I saw you sign the statement and cheque. I think my
clerk was there. I do not remember telling him that you had made some mistakes in your statement. No doubt on the shorthand notes being read over alterations would be made in them and a part would be transposed. I do not recollect anything special.'
Re-examined. A person on the deck of a tug, generally speaking, would have a better opportunity of seeing what happened in a collision than if he were in a boat on the water. If a person were on a tug following up the "Prince Charles" he would have a splendid opportunity of seeing what occurred, and such a witness would be of the utmost value.
THOMAS PARKER , 442, New Cross Road. I am master and part owner of the tug "Traveller," register No. 56,529, and have been master of that tug for bordering on 20 years. I know McLean by sight. I did not know his name until this case. He was never master of the tug "Traveller," of the port of London, or one of the crew. I never employed him. I do not know the other prisoner. He was never mate of the tug "Traveller" nor one of the crew. When the lug is under way I am always with her. At the time in question she was nowhere near the accident between the "Runswick" and the "Prince Charles." I know nothing of it. I know of no other tug called "Traveller," of the port of London. This is one of my business cards. I may mention that I have been to a great deal of expense and lost a lot of money over this affair, and my boat being uninsured I have been obliged to keep her moored, and therefore I do not allow her to go away unless I am on board, and I have lost a lot of work through it. I did not write "Waterman's license," or anything on the back of that card.
To McLean. I have had a pretty good many years' experience on the water, and have known you and always understood you to be a respectable man, and that you got your living by mooring steamships and taking them up. Sometimes I see a lot of collisions. You would be in a better position to see collisions than I should if you were knocking about in a small boat. It is the rule for a waterman if he sees a collision to go to the solicitors and give a statement, or they come after you. I have seen you on board ship towing and in a boat.
FREDERICK HENRY DAVIS , master of the ship "Prince Charles." I do not know either of the prisoners. I never told either of them to call on Messrs. Swepstone and Stone. I remember a collision occurring between my steamship and the steamship "Runswick" on February 23 last. We were not carrying a pilot. I was on the bridge. I did not see a tug astern of me at that time with a string of four barges behind it. If it had been there I should have seen it.
To McLean. I could see at the time of the actual impact about 100 yards. I know the ships that I did see astern of me. I saw the tug "Britannia" pulling the "Runswick." I did not see a tug with coal barges named the "Diligent." I saw the "Italia." I did not see her come round under the stern of the "Runswick," nor did you, I am sure. Since the collision I have had a statement from the captain of the "Italia." and he passed the same way as us—
ahead of the "Runswick." It is a mistake of the captain of the "Italia." You say the "Italia" went astern of the "Runswick" and starboarded. I fetched up an anchor sometime after I got clear of the "Runswick." I could not see the south shore but the north. I did not say at the police court I could see a hundred yards each side of her. I did not see a boat on the "Runswick's" stern.
CLAUDE A. HICKMAN , director of Fielder, Hickman and Company, lightermen and bargees. I remember a collision on February 25 last in the Albert Dock, when one of our barges was seriously damaged. Need I name the barge, because this case has not come on yet, and I do not want to say anything that might prejudice it. I placed the matter at once in the hands of our solicitors, Messrs. Clarkson and Company. I saw McLean on March 18 at my office. He said that he had heard about our collision, or seen it, and had a letter from Messrs. Cooper asking him to give evidence on behalf of the ship. That is the other side; but as he thought the barge was in the right he preferred to come and offer it to us. I immediately telephoned to Messrs. Clarkson, and told them. I told McLean to go round to Messrs. Clarkson, and I would come round very soon after, which I did. I was present part of the time when Messrs. Clarkson took down the statement from the prisoner. I remember his saying he was working on the Beckton Jetty on the day of the collision, and had been down to moor a ship called the "Holmwood," and saw the collision on his way back about 5.20 or 5.40. I went back to Messrs. Clarkson's office, and they read the statement through and I paid him a guinea and he signed it When I paid him I absolutely believed his statement, otherwise I should not have done so. On March 11 I was at Messrs. Clarkson's office when I saw prisoner Warner there with a man who gave the name of Archer, I think. This man gave the name of Mason. I am quite sure he is the man.
To McLean. Your statement did not altogether bear out the facts spoken to by our lightermen, who did not see as much as you profess to have seen. We have other witnesses who practically agree with your statement.
OSWALD HENRY CLARKSON , of the firm of Clarkson and Co., solicitors. On February 25 we were instructed by the firm of Fielder, Hickman, and Company, in reference to a collision between one of their barges and a ship. On March 18 McLean came to our office, and Mr. Hickman followed within a few seconds. I took a statement from McLean (Exhibit 13). I read it over to him, and he signed it. It says: "Gordon McLean. I am a transporting pilot, and on the morning of February 25 was standing on, the lower side of the Beckton Jetty," etc. This action is still pending, and if I could avoid reading the whole of the statement I should be much obliged. (Certain portions of the statement were read at the Judge's request.) I saw Hickman give McLean 21s., I think it was. I then certainly believed his statement or I should not have taken his evidence. On March 11 two other men came to my office, one of them being Warner, and giving the name of "George Mason,"
and the other "Archer." Mason said he was a stevedore, and he and his friend were working on the steamship "Memro"; that they began work at 5.30 and returned home. He said they witnessed the collision. I told them we really had enough evidence, but this man seemed a respectable man, so I took a written statement from him. (Exhibit 14.) The word "stevedore" appears. "Statement of George Mason and James Archer. Om the morning of February 25 we were working on the s. s. 'Memro,' owned by Messrs. Tyser," etc. (reading a portion). I gave Mason one guinea, and he was to divide it with the other man. I certainly believed what he said or I should not have given him the money.
To McLean. Whatever you told me I took down at the time, and it is in that statement. You told me you were mooring the steamship "Holmwood" at Beckton Jetty, and were returning home, and that you were a transporting pilot. I understood you that you assisted pilots, or if they are not there you do it yourself. I am positive you said you were' mooring the ship.
To Warner. We had a long discussion whether we should take your evidence at all. You did not offer to leave the office. Mr. Hickman did not say, "Well, we have them here, we might as well have a joint statement of the two of them. It is a recognised thing to give witnesses a guinea for their expenses. I got a guinea from my cashier and gave you the money and told you to divide it with Archer. I went through the whole facts and took down your evidence in writing, and read it over to you to sign it. What you told me corresponded with what really occurred. I cannot say whether I that showed you were in the vicinity at the time.
To the Court. The facts could be ascertained otherwise than by a man who saw them. I believe there is a recognised gang of these men that get information from one another.
Re-examined. McLean's statement was read over by me to him and he had the opportunity of making any corrections in it before he signed it. I have compared the statements of these two men with regard to the accident and they substantially agree.
JAMES HENRY MILLS , pier master, Beckton Jetty. I was in charge on February 25 from 5.30 a.m. I know the steamship "Holmwood." She is frequently berthed there. She was not there that day. She arrived on the 21st at 11.45 p.m. She moored on the 23rd at two a.m., commenced at 4.30 a.m., cleared at 9.30 p.m., and sailed on the 24th at two a.m. She returned on March 1. I do not know either of the prisoners.
To McLean. I know it was the morning of the 25th, because I have it on the ship's certificate. I could not answer the question of the Guildhall Police Court, but I have the certificates. I did not see the ship go away. I got the information from the clerk in charge. When a ship is emptied of her cargo she reports to me.
Re-examined. I know the "Holmwood" was not being moored on the morning of the 25th.
"Memro" belongs. She was lying in the Albert Dock on February 24 and 25. I was in charge of the stevedores. We started work at seven a.m. on both days and left off at five p.m. There would be no men at work in the stevedore's department. I do not know Warner and he was not working with us on those days. We had no one working for us of the name of Mason.
FREDERICK CHARLES GOODCHILD , managing clerk to Trinder, Capron and Co., solicitors. In January last I had the management of the case of the tug "Champion," when an action was brought by the "Envermeu" against the tugs "Champion" and "Staut." We were concerned for the cargo owners only of the "Staut." The "Envermeu" were the plaintiffs. They were cross actions and the "Champion" and "Staut" were hostile parties. Two men came on January 15 and gave the name of Dunmore (Warner) and Archer. Dunmore brought a note from the Brokers' Chartering Company, and said he had come to give evidence against the "Champion," and that he was the master of the sailing barge "Pride," and Archer said he was the mate of that vessel. I then took a statement from Dunmore, which was taken down in shorthand by a clerk. It was not read over to him; it was transcribed after they left (Exhibit 6). He said at the date of the collision he was on board his vessel lying off Piper's Wharf, East Greenwich, and that from there he had witnessed the collision. They then asked for their expenses. Archer made a separate statement and confirmed Dunmore. My clerk gave them 5s. each. Dunmore said, "Can't you make it a piece of gold?—for it appears to me the man has been paid as much as his master." I refused to give him any more. When the money was paid I believed his statement or I should not have paid it. On January 23 the other prisoner called and said he came to give evidence against the "Champion." He dictated his name and address to my shorthand clerk. I let him run on at first. He said he was in a boat when he saw the collision. I then asked him several questions, and told him I thought he had got hold of the wrong state of facts. He asked for his expenses for coming up. I declined to give him anything. I remember the case being heard in the Admiralty Court, when McLean was called as a witness by the firm representing the "Champion." I was present. He was cross-examined by counsel representing the "Staut" cargo owners. I remember his being asked by Mr. Stevens of counsel whether he had ever seen me, and he said lie had not. I was pointed out and he was asked the question several times. He said he did not know where our office was, if I remember rightly. He was called on a subsequent day by direction of the Judge, and on that day (page 27, Exhibit 5, of the transcript), he was again asked whether he had seen me, and he said he had not been to Messrs. Trinder's office, and did not know where their offices were.
To McLean. You called at about 11 a.m. It was the first time I had seen you.
To Warner. Your statement was transcribed after you left. You did not sign it. You did not say you had been at our brokers all day, and Mr. Nelson had sent you round with a letter. You handed
me a memorandum from him. Your statement was not correct in many details. The general outline was correct. It does not follow that you were "close handy" at the time.
JOHN BULLOCK. AS shorthand clerk to Mr. Goodchild I took down Dunmore's statement in shorthand and transcribed it. Five shillings was given to each of the men in my presence. Dunmore asked Mr. Goodchild if he could make it a piece of gold, as, from what he could see, the man was getting as much as his master. On January 23 McLean came and I took his name and address in this book. He said he had come to give evidence. He talked with Mr. Goodchild for some time, and then Mr. Goodchild said he thought he had got hold of the wrong set of facts. McLean asked for expenses and loss of time, which Mr. Goodchild refused to pay.
To McLean. I should recognise you anywhere. I should not take notes of what you said until called upon to do so. You were not pointed out to me.
FREDERICK JAMES BUTLER , clerk to Smith and Hudson, solicitors, Fenchurch Street. In January last my firm was instructed by the owners of the tug "Champion" in an action of the "Envermeu" against the "Champion." On January 23 McLean called with one of the owners of the "Champion," who told us that McLean had witnessed the collision and could give a statement, which was taken down in. shorthand and typed and he signed it (Exhibit 10). (Portions of the statement were read.) We paid him £1 12s. 6d. for travelling expenses and attendance, for which he gave a receipt (Exhibit 11). We believed his statement or should not have paid him. On January 26 Warner called and said he was willing to give a statement, which we took. This is a carbon copy (Exhibit 12). I cannot find the original which he signed, "Edward Warner." (Read.) I gave him £1 for expenses, which we did believing his statement that he was master or mate of the sailing barge "Pride," and had seen the collision. On February 19 we served McLean with a subpoena, giving him £1 1s. upon it, and the action came on on the 22nd and 23rd. We paid him £1 on February 22 for his attendance. He was called as a witness in my presence, his evidence substantially carrying out his statement. We also served Warner with a subpoena on February 19. He was not called into Court and we paid him 10s. for his attendance.
To McLean. We doubted you after we could not find a telegram you were supposed to have sent. I know Mr. Smith has known your father and may have known you. You came in with Mr. Page.
To Warner. I think I was present at all the interviews you had with Mr. Smith. You disappeared twice from the Court—I fetched you back once.
EDWARD JOHN HARRIS , clerk in the Admiralty Registry. I, produce the file of proceedings in the action by the owners of the steamship "Envermeu" against the owners of the "Champion," tried in the Admiralty Division of the High Court, before Mr. Justice Bargrave
Deane, on February 22 and 23. I was present. The usher administered the oath in my presence.
ROBERT EDWARD STUTCHFIELD , assistant to official shorthand writer, Admiralty Court. On February 22 and 23 last I took shorthand notes of the trial of the action in question, and the evidence of Gordon McLean, of which this is a correct transcript (produced).
(Monday, April 26.)
Mr. Trevor Bigham stated that on considering the matter he desired to call no evidence on the count for obtaining money by false pretences from Butler, and the first five assignments of perjury would also go; the case would go to the jury on the last count.
JAMES WYLE , clerk in the Registry Office, Board of Trade. A record is kept in my office which contains the names of registered sailing vessels. I cannot say if it is obligatory on sailing barges to be registered. There are nine vessels of the name of "Pride," four of which are registered in the British islands in the period in question. The "Pride of Faversham" is a coasting vessel, I believe a barge; from July 1 to December 31, 1908, she was laid up. The "Pride of Lowestoft" is a sailing fishing vessel which was unemployed from December 18 to December 31, 1908. The "Pride of London," a sailing vessel, was at Falmouth from December 23, 1908, to January 2, 1909; before that she was on a voyage from Aberdeen to Falmouth. The "Pride of Runcorn" was trading between Liverpool and Birkenhead during the half-year ending December 31,1908. Those are all the vessels named "Pride" registered in the British Isles of which. I have a record.
ALFRED EDWARDS , inspector of the Watermen's Company. If a barge is plying in the Port of London down to three miles below Gravesend it must be registered at Waterman's Hall; it should be also in the "Shipping Register" of the Board of Trade, in the office which I believe the last witness came from.
EDWIN BRIDGER ANDERSON , shipwright, employed by the British Industrial Corporation. My company own the sailing barge "Pride of Faversham"; it has not been in the port of London for three months until to-day, when she arrived here. In September last my firm went into liquidation, and the "Pride of Faversham" has been lying in the river Swale. I do not know either of the prisoners; neither of them has been employed on that vessel. I know of no other sailing barge named "Pride."
Detective-inspector WILLIAM NEWELL , City Police. On March 17, in company with Detective Amos, I saw Warner in the Strand. I said, "We are police officers. I have a warrant for your arrest for that you, with a man named Gordon McLean, did, on March 3, obtain 1s. each by false pretences from Arthur Thomas Ellis, a solicitor, of the firm of Swepstone and Stone, 31, Great St. Helens. He said, "My name is Dunmore. I do not know a man named McLean."
I had addressed him as "Warner." On the way to Bishopsgate Police Station he said, "McLean had 2s. I did not have any money What do you say I am charged with—obtaining 1s.—I did not see the affair. I was on Blackwall Pier." I afterwards read the warrant to him—he made no reply. When charged he said his correct name was Dunmore, but he had been going in the name of Warner, I had not then cautioned 'him. On March 16 I was at Tanners' Hall in company with Detective Amos when I saw McLean. I said, "I believe your name is Gordon McLean?" He said, "You have made a mistake; my name is Mitchell." I said, "I shall have to ask you to accompany me to Messrs. Swepstone and Stone, solicitors, 31, Great St. Helens. I may as well tell you that we are police officers." We then proceeded to Swepstone and Stone's office, where I saw a clerk there named Perry. I said, "Is this Gordon McLean?" He said, "Yes." McLean said, "I am Gordon McLean." I then told him that I had a warrant for his arrest, which I read to him. He said, "That is right, but not false pretences—we saw the collision." (To the Judge.) I had not cautioned him. We do not always caution people; we had an order some years ago from our Commissioner that we were not to caution people, but to listen to what they had to say. I did not ask any questions at all. (To Mr. Bigham.) They were voluntary statements. He said, "We saw the collision. I was in Warner's boat." When charged he said, "I have a complete answer to it." On the way to the police court he said, "I admit we did wrong by stating we were on the tug." He was searched and notebook (produced) was found upon him.
Cross-examined. McLean said at the station that his wife's mother was very ill—that was a. fact. He was arrested a couple of hundred yards from his home. Dunmore said his right name was Dunmore, and that he had used the name of Warner for some considerable time. I think he said his licence was in the name of Warner.
GORDON MCLEAN (prisoner, on oath). In the first charge against me with reference to the collision between the "Prince Charles" and the "Runswick," I admit I stated falsely at the police station that I was in the tug. I was in the boat and I saw the collision. The boat belongs to a man named Richards, and I saw the collision in Greenwich Beach as we were coming up on the flood tide. Three or four days afterwards there was some inquiry at Greenwich about witnesses who saw this collision in Greenwich Beach between the "Prince Charles" and the "Runswick." The man that told me about it had a very dark complexion. I went to Swepstone and Stone's and told them that I had seen this collision. Of course, I knew at the time that they did not like evidence from a man in a boat, but I told them the true facts how the collision occurred. Mr. Ellis asked me certain questions, and he was quite satisfied with my answers, and he said, "I cannot take your statement to-day, but I will write to you." Two
lays afterwards Thomas Cooper and Co. left word at Greenwich Pier for me to call at their office. I telephoned to Swepstone and Stone to ask if I should go to them first; they said they would write; I got a letter the same night to be at Swepstone and Stone's office to give my statement. I did so, and Mr. Ellis was quite satisfied with it; he said I bore out the captain's facts. He also asked me to show by three models how the ships came into collision, which I did, and he was quite satisfied. He told me to call on Tuesday or Wednesday following, and said, "McLean, if you wish to take anything off that statement or add anything do so." He paid me 30s. As to the next case, the collision in the dry dock, I had been down to Beckton Jetty, and on my way Sack in the morning I was waiting in tie cutting on the bridge, where all the ships go through. Two barges were floating through the cutting, and a ship was also entering the cutting when, the ship jammed one of the barges against the side of the wharf. I went to Hickman, and told him what I had seen. He took me round to Clarksons, who asked me certain questions—or rather Mr. Hickman asked me questions about the collision before he took me round there, and he thought that my evidence was very good; he said it bore out what his own man said. The next charge is that I denied having made a statement to Goodchild. When I was asked the question I did not recognise the gentleman who was pointed out to me. When I said I had never been to Trinders I understood the question to be whether I had ever given that firm a statement; I did not know the name of the firm was Trinders then; the only statement I have made is to Smith and Hudson.
Cross-examined. I admit that the "Traveller" part of my first story is an invention I was not the captain. I did not tell Perry that Blackwell was the engineer—that is a mistake of his. I fetched the man with me, but I do not remember saying he was my engineer. I never said the captain of the "Prince Charles" had asked me to call—I said a gentleman with a black moustache had asked me to call—I did not know whether it was the captain or the pilot—I could not tell who it was. I and Warner saw the collision from Richards' boat. It is untrue that I brought a man three days afterwards to give evidence—a man came with me but he did not give evidence. In the second case I saw the collision from a cutting in the Albert Dock. I did not say I had been mooring the s. s. "Holm wood"—I said I had been to the "Holmwood." She went away at half-past four or five that morning. Mills has nothing to do with the berthing of the ships; he may be pier master. I have known Dunmore for three or four months. I came to know him through his giving a statement to Smith and Hudsons. I did not know that he had given a statement to the other side. I had not seen Mr. Goodchild to my knowledge; I did not see him on the 23rd, the day stated; I did not see him about the case; he has mistaken me for another man. On the morning I was giving evidence in the Law Courts I was mistaken for another man of the name of Gale. A clerk to Messrs. Coopers said, "Your name is Gale." I said, "You have made a mistake." "Well," he said, "you have the appearance of
him. It is no good your trying to get out of it." I said, "You have absolutely made a mistake; my name is not Gale at all." I understood from other people that somebody has been about using my name, and I have come to the conclusion it is the man Gale. I have a witness from Watermen's Hall who will tell you he has something of my appearance. Mr. Goodchild and his clerk must have made a mistake. The clerk says I called at this office at 12 o'clock; Goodchild says half-past 10.
GEORGE WARNER (prisoner, on oath). My name is Edward George Dunmore. Respecting the collision between the "Runswick" and the "Prince Charles," I was on Blackwall Pier on February 23; McLean and I were in the boat we had rowed up in, and we saw the s. s. "Brunswick" with a tug named the "Britannia"; the "Prince Charles" was coming up the river, and it came into collision with the "Runswick." I went to Swepstone and Stones with McLean and they gave McLean 2s.; they gave me no money, and I never went there to give a statement afterwards. With respect to the collision between the barque "Ciric" and the tug "Careful," I and another waterman named Mortimer rowed up Greenwich Reach; we noticed a vessel called the "Invermeu" lying off at anchor, and the barque "Ciric" proceeding up the river came in collision with the ship lying at anchor. Some days afterwards I (happened to be in the street when I met a man named Powell, and from speaking to him he took me round to Cullum Street, the Chartered Company's office, or rather the brokers for the barque, where I spoke to Mr. Nelson. He gave me a letter to go to Trinider and Capron where, after staying the best part of the day, I made a statement and received 5s. I never signed the statement nor was it read over to me. Hearing sometime afterwards they were not going to call me, I was taken to Smith and Hudsons. I gave them the statement and received £1. Some weeks afterwards Mortimer received a letter to call at their office, and I received a subpoena and £1 1s.; then I attended the Law Courts for two days and received 10s. Mr. Smith was not satisfied on one point—I did not happen to be in the corridor of the Court on the second day, and he suggested that I should refund the money. In regard to the case of the barge "Philberic" colliding with the ship "Wellington," I was in the Albert Dock—I had been aboard a ship and came through to the cutting, where there is a swing bridge, when I noticed these two barges, one astern of the other coming through the cutting. Then there was the ship coming across the basin with two tugs. Whilst waiting for the bridge to swing I saw the damage done to the barges. Some days afterwards I saw a lighterman, who works for Pildrick and Son, in the Albert Dock, and told him what I saw of the affair. He asked me why I did not go up and see Clarksons, their solicitors, in Lime Street; he said, "They would be very pleased with your statement, but it is no good your saying you are a lighterman. If I were you I should say I was a
stevedore, and no doubt they will take your statement." I went to Clarksons, made a statement, and received 10s. I said I was a stevedore—that was not true. The reason I passed myself off as the mate of the sailing barge is that the solicitors do not place the same value on a man that is in a boat as on a man who says "I am a captain" or "a mate of a sailing barge" or "a tug." The statement I made of what I had seen is correct.
Cross-examined. In the case of the "Envermeu," I made two statements. In the first I said the collision was all the fault of the tug "Champion"—because the pilot never followed the direction of the tug. This statement was never read over to me or signed by me. I gave that statement to the solicitors who were acting against the tug. In my opinion the tug should have passed the Envermeu" on the port side. In the second statement which I gave to Smith and Hudson I said it was the fault of the barque. My intention was to say that the captain of the tug, being ahead of the barque, could see further in the fog than the pilot who was on the forecastle head of the barque. The statement I gave Smith and Hudson is true: both statements you will find are almost the same. My real name is Edward George Dunmore. I have been in business under the name of Warner as a fishmonger. I have always given my right address. I gave the name of Mason because a man named Davis said they would not take the statement if I gave it in the name of Dunmore—if they knew I was a lighterman—I should not be paid for it probably. It was a coincidence that McLean went up with me to give evidence. I had heard of McLean, but I did not know him personally so well as I know him now. We only made acquaintance with regard to the "Ciric" and the "Champion"; being up together about it we got chummy together; but previously I have heard of his name as working on the river.
To McLean. There is no truth in the statement that I and McLean have been acting together in these cases of Caprons, Smith and Hudson, and Clarkson; the only time I have been with him is when I went with him to Swepstone and Stone. The date I saw him I was on Blackwall Pier; we got in the boat and rowed up to the top of the Reach—that is the first time I have been afloat with McLean in a boat.
McLean (to the Jury). I hope you will see how these cases against me stand. I was wrong in calling myself the captain of a tug, but the other parts of my story are true. If I had not seen it how could I have given the true account of the collision? The solicitor's clerk made a great mistake in saying that I said the man with me was the engineer. This man came into the office with me because he was going to see if they would take his case up against another firm for smashing his boat. I never said he was an engineer. I had never seen the man before. With regard to saying I had never seen Goodchild, what I said was I would not swear to it. Then the clerk said I was there about 12, and Goodchild said I was there about Does it not look as if there had been a mistake between me and another man? Then it is said that the facts I stated do not correspond
with what he said. If we had been together, surely we would have given the same facts.
Warner (to the Jury). I should like to mention I have had 20 years experience on the water, and being out in a boat, it is not uncommon for us to see these collisions between steamers and other craft on the river. During the 20 years I have been on the river as waterman and lighterman I do not suppose I have given more than 12 statements. I have been in custody for six weeks, otherwise, if I had been at liberty, I could have brought eight or ten witnesses forward who could have proved that I was in the vicinity at the time of these collisions; but, not knowing their addresses and only knowing them by sight, I could not send for them. It is not disputed that my statements follow the facts which really occurred. With regard to Swepstone and Stone, I never received their money, nor gave any statement. It is true I went with McLean and they gave him 2s. Mr. Harris said to his clerk, "Here is 2s.—let them get a drink."
The Jury found both prisoners Guilty, adding, "It appears to be a common practice for watermen to make these sums of money by giving such evidence; probably they are not aware of the serious nature of the practice which appears to be in vogue; we do not think the prisoners were aware what it might lead to. We trust your Lordship will be lenient with them."
McLean was proved to have been convicted on October 14, 1904, of larceny from a boat and fined £1 14s., doing 14 days' hard labour in default; he was also charged with fraud in 1892 and 1895. Prisoners were stated to be licensed watermen in regular work.
Both prisoners were released on their own recognisances to come up for judgment if called upon.
BEFORE MR. JUSTICE JELF.
(Saturday, April 24.)
TIBBEY, Frederick George (21, labourer) ; feloniously setting fire to a warehouse in the possession of Henry Pooley and Son, Limited; breaking and entering the said warehouse and stealing therein 12 cigars and a Post Office Bank book, the goods of Wesley Watson.
Mr. J. P. Grain prosecuted.
Chief-inspector SYDNEY ATKINS , City Police At 10 past three on Faster Monday, April 12, I heard that a fire had broken out at 89, Fleet Street. I went with the fire brigade officers to the premises. (Witness described the state of the place and the various fires; refer to Superintendent Smith's evidence.) On examining the premises after the fire I found that several office doors had been forced and a
safe was turned upside down. I was at Bridewell Police Station when prisoner was brought in by Police-constable Chatfield. Prisoner had in his possession the four keys (produced); I asked him where he got them; he said, "I stole them a fortnight ago from Messrs. Pooley's; my mother was charwoman there." On prisoner was also found a Post Office Savings Bank book in the name of Wesley Watson, and 12 cigars. Later on Superintendent Allison and Jarvis came in and identified prisoner as the man they had seen on the stairs. Prisoner was then formally charged with arson, with breaking and entering, and stealing the bank book and cigars. After being cautioned he made the following statement: "We went in there about a quarter to three to-day; I opened the street door with the door key. We went upstairs, went in the front office of Pooley's, got the back office key, went in the back office, opened the drawers, broke open the desk, took a bank book, went into the front office, broke open another desk, took some cigars, went upstairs to third floor, broke the front office drawer with iron bar, searched round and broke open another drawer, broke open a roller-top desk, turned the safe on its front, went to a back office, broke open a door, searched round, broke open another desk; we came out on the landing, broke a door leading to top floor, went upstairs, had a look round; I came down then, leaving my mate upstairs; I come right down, went out into the street, went down as far as Blackfriars Bridge to the urinal; I come up Ludgate Hill; a horse fire escape passed me on turning into Fleet Street. I found number 89 was on fire." In a later statement prisoner desired to make a correction; instead of Ludgate Hill he meant New Bridge Street.
JAMES GEORGE SMITH , superintendent of the Central District of the London Fire Brigade. On April 12, at 3.14 p.m., calls were received at the Bride Street Fire Station; two minutes later I arrived at 89, Fleet Street; flames were then issuing from the upper floors. On entering the place the first floor appeared to be well alight; that fire was extinguished. Then we found the third floor landing and stairs well alight. That fire having been partially extinguished, I tried to get to the fourth floor; there was such an accumulation of coal gas there that I could not get up until a glass skylight had been broken. While going up there I was informed that the back part of the first floor was also alight; at the same time a fire was found in a front office on the third floor. On that floor I found the can (produced); it was empty and stoppered; it had recently contained petrol. In one of the rooms I saw a safe turned upside down. I examined the premises carefully to see if there was any possible connection between one fire and another; they were absolutely separate fires, six in all. Or the top floor the tap leading from the gas meter was full on; had we arrived a few minutes later the place must have been blown out, as all the windows were closed.
To Prisoner. It was quite possible for all the fires to have been effected by one person. There were heaps of papers littered all over the place. All the preparations would not have taken more than half an hour.
CHARLES ALLISON , superintendent, London Salvage Corps, Watling Street. I arrived at the fire at 3.20. Passing up the staircase to the first floor I passed prisoner; he was standing on the staircase; my duties took me upstairs; on returning I saw him standing in the same place; when I was on the ground floor prisoner sang out to me, "Bring the b——sheets upstairs into the front room as the machines are getting wet." I said to him, "Are you employed here?" He made no reply and went out. Later in the day I saw prisoner at Bridewell Station. I am certain he is the man who spoke to me.
FRANK JARVIS , salvage officer. When I was at this fire—I saw prisoner on the first landing; I am certain this was the man. He said to me, "Bring some of your sheets upstairs"; I referred him to Mr. Allison. Later in the day I identified prisoner at Bridewell Station.
Police-constable CHATFIELD, 113 City. On April 12, after the fire, I was left in charge of the premises with another officer. At 6.20 p.m. prisoner came up to the door and was about to put a key in the lock. I asked him who he was and what was his business; he said, "I am just going to have a look round." I said, "Which firm do you represent?" He said, "My mother is charwoman here." I said, "I see you have the keys." He said, "Yes, we have three lots, I have one lot, mother has one lot, and there is another lot." I told him he must come to the station. On the way there I said, "Do you know if everything is all right at that place?" He said, "What do you mean?" I said, "I was wondering whether or not you knew there had been a fire." He said, "Oh, yes, I was there when the firemen was there."
Police-constable ANDREW HAHN , 171 City. On Sunday, April 11, I was on patrol duty in Fleet Street at 9.30 p.m. I saw a man standing inside the door or lobby of No. 89; I watched him for a quarter of an hour; he kept occasionally turning his head towards the doors leading to the offices upstairs. I am certain prisoner was the man. I went up to him and said, "Halloa, what are you doing here tonight?" He replied, "Looking at the crowd passing, the same as you are." I noticed that the door leading to the upstair offices was partly standing open. I said to him," The door is open"; he replied, "We have come back to answer the telephones." I said, "In what way are you connected with this place, as I have seen you here on two nights previous this week?" (I had seen him on two nights between eight and nine, after the place was shut up.) He said, "Oh, I work for the Fire Press Company up on the third floor." I remarked that it was unusual for these people to come back on Sunday night. He said, "We will be going presently." I said, "Don't forget to close the door before you go." I then went away; on returning five minutes later the man had gone and the door was closed and secured.
THOMAS WILLIAM BARRETT , departmental manager to Henry Pooley and Co., Limited, said that on leaving the premises at 12.30 pm. on Saturday, April 10, the premises were properly locked and secured; there was no sign of fire; the gas was turned off.
FRANK WAKEMAN , manager to Messrs. Pooleys. In my room on the first floor there are two desks. On my leaving the place at 12.30 p.m. on April 10 one desk was locked. It contained some cigars. I believe the 12 cigars produced are part of what was in the desk. When I left the office it was quite tidy; there was no litter of paper about.
WESLEY WATSON , traveller to Messrs. Pooleys, identified the Post Office Savings Bank book produced as his property; he had left it locked up in his desk. The desk also contained various papers; after the fire he found some of these papers littered about the office partially destroyed by fire.
CHARLES HARRY PARKES , of Parkes' Press Agency. We occupy rooms at 89, Fleet Street. I have never seen prisoner before; he has never been in our employment; he would have nothing to do legitimately at our office on Sunday night or at any time, and no authority to go there about telephones or anything else.
FREDERICK GEORGE TIBBEY (prisoner, on oath). On April 12 I was walking over Blackfriars Bridge about half-past two. On reaching Ludgate Circus I met a friend of mine who was the worse for drink. I took him up to these offices. We broke open the doors. We went right up the house, broke open the doors on the top floor. I came down, leaving my friend upstairs, went down as far as Blackfriars Bridge; went to the urinal. On coming up New Bridge Street a fire escape passed me. On turning into Fleet Street I saw that No. 89 was on fire; that was the place I had been in about a quarter of an hour before. I went to where the fire was; went upstairs to see if my friend was up there. He was not. I came down, where I saw the firemen. When I got to the bottom I went up Fleet Street and went home.
Cross-examined. The "friend" I referred to I had known about four years; I do not know where he lives; I have seen him only once; I knew him by sight, as you might say. I have not given the police a description of him. What Police-constable Hahn says about seeing me on Easter Sunday night is all untrue.
To the Court. When I went with my friend into the premises, up all the floors, I did not notice any heaps of papers lying about in different places, nor that the gas was turned on, nor any smell of gas; no preparation for fire at all. The whole thing must have been prepared within the time I left the place and the fire breaking out. Verdict, Guilty.
Prisoner confessed to having been convicted of larceny, in the name of James Martin, at South London Sessions on June 26, 1906; other previous convictions were proved. Sentence, 10 years' penal servitude.
Mr. Justice Jelf complimented the police and the Fire Brigade officers upon the service they had rendered to the public in this case.
BEFORE MR. JUSTICE JELF.
(Monday, April 26.)
PETTY, George (33, pawnbroker), was indicted for conspiring with Harry Benson and William Russell to defraud such persons as should deal with them or with the International Securities Syndicate or with the International Securities Corporation, Limited, or with Feltham's Bank, or with the British and Foreign Securities Corporation in the buying, selling, and exchanging of premium bonds and certain hotel shares.
Mr. Muir and Mr. Graham-Campbell prosecuted.
Prisoner asked for legal assistance, stating that he was without means to employ counsel.
Mr. Justice Jelf asked Mr. H. D. Harben to watch the case on behalf of the prisoner and to advise him when necessary.
Mr. Muir said that prisoner was indicted for a series of conspiracies and frauds, all carried out in conjunction with Harry Benson, and as to one of them in conjunction with a man passing by the name of William Russell, who was not indicted with the other two. The case had been postponed since January on account of Benson's illness.
At the conclusion of the opening statement, Mr. Harben intimated that prisoner would withdraw his plea of "Not guilty" and plead "Guilty" to three counts which charged him with fraud in regard to the duplication of certain premium bonds sold to the public.
Mr. Muir said that the duplication was the work of Petty and Russell, who had received the proceeds down to December 23, 1907. It must be said in fairness to Benson that since that date not a single bond had been duplicated, and that a promise he made to take steps to prevent any duplication for the future had been absolutely carried out.
The Jury returned a verdict of Guilty on three of the counts and Not guilty on some of the remainder, others remaining on the file in view of the possible trial of Benson.
It was stated that prisoner had hitherto borne an irreproachable character, and that a former employer would take him back into his service.
Prisoner said that he knew nothing whatever about financial business until he met Russell, and he had gained nothing by the matter. As regards the writing of the circulars, he got the facts and figures from Russell, who was a foreigner.
Mr. Muir, replying to the Judge, said that in the view of the prosecution this prisoner's part in the matter was only a minor one.
Sentence, Six months' imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Monday, April 26.)
Mr. Clarke Hall prosecuted.
The case depended upon the evidence of the girl Nellie and her sister Florence. Prisoner was a lodger in the house. Nellie stated that she had made no complaint to her mother until some time after prisoner had ceased to lodge with the family. Prisoner is a man of good character.
The Common Serjeant directed the Jury that it would not be safe to convict a man of good character upon the extraordinary evidence they had heard.
Verdict, Not guilty.
Prisoner was indicted under Section 21 of the Larceny Act, which makes it an offence for any person, by any means whatever, to attempt to choke, suffocate or strangle any other person, or by means calculated to choke, suffocate, or strangle, to attempt to render any person insensible, unconscious, or incapable of existence, with intent to commit any crime. He pleaded guilty to the theft from the Commercial Gas Company.
Mr. Huntly Jenkins prosecuted.
ALICE ROBSHAW , wife of Thomas Robshaw, 84, St. Mary Street, Woolwich. Prisoner is my nephew. On March 16, about 10 a.m., he came to my house. I said to him, "Are you stood off again?" I meant by that, was he still out of work. He replied, "Yes, I have been stood off since I was here last." I next said, "You do not look quite so smart as you generally do." He said, "No, would you mind cleaning my boots?" He next asked me for a cup so that he could have a drink of water. I said, "When I have hung these garments on the line I will make you some coffee." He also said he was going to join the Army. I went into the garden for the purpose of hanging out some clothes. Coming in from the garden I went into the kitchen. As I was coming into the kitchen he got behind the kitchen door.
Prisoner. You are a lying bitch.
Witness. Seized me with both hands and threw me on the ground He then knelt across me with one hand on my throat. I screamed and said, "Oh, Bill, have I done you any harm?" He said, "No, but. I am going to kill you." We struggled and I scratched his face. He turned to the dresser on his right-hand side, where there was a basket of stockings. He took up some of the stockings and pressed them into my mouth. Then he took a handkerchief from his pocket
and tried to make a knot in it, and next he pushed it into my mouth. By that time I was quite exhausted. He next said, "Where is your purse?" Having the stockings and handkerchief in my mouth I could not speak, so I raised my hand and pointed towards the hall chair, where I had laid it ready for the baker. He then lifted me up from the back and pushed me along the passage towards the place where the purse was. I tried to open the front door, but my hand was trembling so that I could not grasp the latch. Prisoner said, "That is your game," and took me and threw me and again knelt on me. He opened the purse and said, "Not enough, not enough; where is your other money?" The purse contained 2s. 2 1/2 d., as far as I know. I did not see him really take the purse, but his hand went on the hall chair. He said, "I will kill you; you have got to die." With that I pointed to the parlour, where I had just placed 5s. on the table. Then I heard my sister-in-law's voice at the side door that the baker was knocking at the front door. Prisoner ran to the side door and left the house. I do not remember any more. My mouth was very bad; seven teeth were missing, and I had to be treated by a doctor. I was not able to give evidence at the police court on the first occasion. I still feel the ill effects of prisoner's treatment.
To Prisoner. You did tell me you were going to join the Army. The purse has never been found.
PERCY TRAINOR , Upton Park, baker's roundsman. On March 16, about a quarter to 11 a.m., I was in St. Mary's Street, Woolwich, delivering bread, and called at the front door of No. 84, where Mrs. Robshaw lives. As I knocked I heard Mrs. Robshaw inside moaning and groaning and she halloaed out "Murder!" Musson ran out from the side entrance. I noticed that his face was all scratched on the right side and there was blood round his nostrils. I said to him, "What is the matter?" He replied, "It is all right, old chap. She is in a faint and I am going for a doctor." Having said that, he rushed by me down the street.
Inspector HENRY MOTT , R Division. About three p.m., on March 16, I went to 84, St. Mary's Road. I was there handed a stocking, a handkerchief, and a duster by Mrs. Robshaw. She picked them up off the floor in my presence. When I went in she was lying on the couch in a state of collapse. Her mouth was very much swollen and she had difficulty in speaking. The handkerchief and duster were covered with blood; the stocking also had blood on it, and some foam.
Inspector ERNEST BAXTER , R Division. I charged prisoner on March 23 with attempting to murder Alice Robshaw by attempting to strangle her. He was then in custody. He replied, "I did not attempt to murder. When I went to the house I had no notion what I was going to do." It was not until March 30 that Mrs. Robshaw was able to give evidence.
CYRIL MOORE SMITH , registered medical practitioner, Plumstead. On March 16, at a quarter to 11 a.m., I was called to 84, St. Mary's Street, Woolwich, where I saw Alice Robshaw lying on a couch. She was suffering from shock and was in a state of collapse. She
was suffering from bruising of the lower part of the chest, bruising of the forearms, and very considerable bruising of the throat. Her lips and cheek and tongue were swollen, lacerated, and contused and seven teeth were absent, having apparently been recently forced out, as the gums were much lacerated. To produce the bruising round the throat very considerable violence must have been used. I heard Mrs. Bobshaw give her evidence. In my opinion, the condition in which I found her was consistent with what she has said to-day. There had evidently been something forced into her mouth with great violence so as to produce injuries and to displace the teeth. She was not in what I should call a grave or serious condition, but I looked upon the case seriously in view of what the after consequences might be from the amount of bruising and laceration to the mouth. Considerable pressure appeared to have been applied to the throat consistent with hand pressure. The effect of the pressure would have been to arrest breathing if it had been continued sufficiently long. I do not think the breathing was stopped.
Detective ALFRED HORNE , B Division. In company with Sergeant Lee, K Division, I arrested prisoner on March 17 at Eric Street, Bow. I told him I should take him to Woolwich for attempting to murder his aunt. He replied, "She is not dead, then. I did not intend to hurt her much, but I wanted money."
To Prisoner. You did not tell me when arrested that you had been walking about all night. The only observation you made was the one I have just mentioned. At the police station you asked for food, and that was given you.
Prisoner, asked if he wished to make any statement, said he pleaded guilty of the common assault but not of attempted murder. When he went to his aunt on the Tuesday morning he had no money and fully intended to join the Army. When he told his aunt that she said that was all he was fit for; they had a quarrel, and he slipped into her.
Mr. Huntly Jenkins said the act of larceny was committed under these circumstances. Prisoner had been lodging at 115, Upper North Street, Poplar, where a child named Susan Bogers was living with her parents. On March 15 prisoner and the child were left alone. He called to her to take him up some milk, and the child went up to his room. Before she could speak he put a towel over her head, tied it round her face to prevent her screaming, tore off her clothing, and tied her hands behind her, so that he should not be interrupted. After that she heard him breaking open the automatic gas meter with a chisel.
The Common Serjeant. Is this man sane?
Mr. Huntly Jenkins: One would rather wonder.
Sergeant LEE, K Division, gave evidence of a previous conviction and prisoner's history since he left school at the age of 14. Prisoner was employed as a painter until March, when he lost his employment through neglecting his work.
Sentence, Five years' penal servitude.
MURRAY, Frederick (33, seaman) , indicted for attempted murder of Henry Hewson; burglary in the dwelling-house of Henry Hewson, and stealing therein one gold chain and other articles, his goods; feloniously stealing a quantity of sailor's outfit, the goods of Joseph Filley; feloniously stealing a boat named "Eva" and other articles, the goods of John Winsell; and feloniously stealing a yacht and other articles, the goods of Henry Lowthian Barge; pleaded guilty of stealing the yacht.
Mr. Bodkin and Mr. Leycester prosecuted. The charge of burglary was proceeded with.
HENRY HEWSON , hairdresser, 3, Crampton Street, Newington Butts. I have known prisoner about three years. Last Christmas he came to my house and told me he was going to buy a boat to do some dredging in the river. He asked me to go with him to buy it, and I was present when he bought it. He stayed at my house Christmas night and Boxing night, and came to my place on several occasions after that, generally when I was out on my business. I am in the habit of keeping money and things of value in my bedroom. My wife has a pair of diamond earrings which cost £60, and two diamond rings, which she generally hides in some place I do not know of. Her cheaper jewellery she would put on the chest of drawers at night. The takings from my two shops I used to put on the washstand every night. My watch and chain used to hang on the bedroom door in my vest, and on the foot of the bed were my trousers with a few pounds in. The amount of the shop takings would depend on what day of the week it was. The money accumulates until the end of the week when the men are paid. When prisoner was staying in the house I suppose he knew pretty well what was going on, but I do not know positively that he ever saw the money. On the night of March 10 there would be three days' takings in the bedroom, perhaps £4 or £5 with what I had in my pocket and what was in the box. On that night I went to bed about 11 o'clock. I, my wife, and two daughters all retired at the same time. My wife and I sleep in the farthest bedroom from the staircase and my daughters sleep in the next room, which is entered only from the passage. There are only two floors, the shop floor and the one above. There are no other people sleeping in the house. Before we went to bed I locked up. Besides the outer doors, the door between the scullery and the passage was locked, and also the shop parlour door. The scullery window was shut and fastened as usual. Then I went to bed and went sound asleep. About two o'clock I was awoke. There was no light in the room The bedroom door was wide open. I was awoke with a blow on my forehead as I was lying on my back. I called out, "I am shot!" and I hardly got the words out of my mouth when I got another blow just below the eye. I said, "I am shot; I am done; let me see the children. I then sat up in bed. My wife was, awoke by my crying and, putting her hand on my breast, said, "No, you are hit." She got up, went downstairs, and shouted, "Police—Murder!" I also went downstairs. There is a light shines in through the fanlight from an incandescent lamp outside
on the opposite side of the pavement. This gave a dim light in the hall and I saw someone coming from the back passage making for the front door with his face towards the wall. He pulled the catch chain, and as the door came open he had to alter his position, the light streamed in, and I saw that the man was prisoner. I stopped on the stairs shouting "Police—Murder!" and he said, "I will shoot you, you b——." That was before I saw who it was. I could not see whether he had anything in 'his hand. I think his hand was in front of him and he appeared to be concealing something. He had nothing on his head. He opened the door and went out. I went upstairs and got into bed again. The children at the door saw me bleeding and it nearly frightened the life out of them. A doctor attended me and I was in bed for a week. My nerves are shaken, and I have never felt quite right since. There is a dead sensation all round here (indicating the site of the wound). I did not miss anything; I went to bed. I afterwards saw the cap produced lying between the bed and the door, which was wide open. I had previously seen prisoner wearing it. When the light was turned up I also saw the file produced. My wife gave it to the policeman. It does not belong to me, and was not in the room when I went to bed. I know the vice produced. It was kept in the tool box in the scullery. The bowler hat produced is mine. I had it on the night previous coming from my Brixton shop. On the night in question it had been hanging in the passage. The article produced from inside the lining is the flap of a purse which used to be kept in one of the images on the mantelpiece in the shop parlour. It contained some receipts and 1s. worth of postage stamps, a George III. six pence, a fourpenny bit, and some threepenny bits. The sixpence had been gilded and part of the gilt was worn off. These things I have never seen since. There was no money in the shop on that night; money is always taken upstairs at night. My eldest daughter's watch and chain was hanging on a nail in the shop parlour when we went to bed.
To Prisoner. I remember going to Charlton with you about November 17 or 18 to look at a yacht which was for sale. I did not take a half-share in the yacht. I may have visited the yacht three or four times when you were on board. I have never been seen to give you money on the yacht. It was at Dartmoor that I made your acquaintance three years ago.
ROBERT CULLUM GULLEY , medical practitioner, 56, St. George's Road, Southwark. About three a.m. on March 11 I was called to attend prosecutor. I found him in bed with a wound over the right eyebrow about 2 in. long, parallel with the eyebrow, and a second wound over the right cheek bone about 1 1/2 in. long. Each of these wounds extended almost to the bone. The wounds were such as might have been caused by the file produced. Considerable force must have been used to cause such wounds as I found. They healed up all right, but have still a little tenderness.
To Prisoner. The wounds have healed, and there is now no danger from them.
EMILY HEWSON , wife of Henry Hewson. I did not know prisoner till last Christmas, when he stayed a night or two at. our house. After that he often came when my husband was out and I gave him dinner; he generally came at dinner time. Prisoner left the vice produced one day on the copper in the scullery. The vice was, I think, afterwards thrown into the tool box, which is kept under the scullery sink. On March 10 I had up in the bedroom all my jewellery and a box full of money that came from the shop. The money was kept in a box on the washstand and my Jewellery in another box in a chest of drawers, but not all of it, as my diamond earrings I generally put somewhere else. That night there was some money in the shop parlour—7s. 6d; belonging to my little daughter in a bag, 10d. in coppers on the mantelpiece and in one of the images there was a purse belonging to me containing a shillings worth of stamps, some threepenny and fourpenny bite, and a George III. sixpence. I went round with Mr. Hewson that night to help in shutting up the place, as I always did. The scullery window, which opens like a door, is always kept fastened. Then there is a door leading into the scullery from the passage. That door is fastened by a key from the passage side, and the barrel of the key goes right through the door, leaving a little bit projecting from the keyhole on the scullery side. My husband and I went to bed about 11 and went to sleep. He awoke by hallaoing out that he was shot. I thought he was dreaming and felt him and said, "No, you are not shot; you are. hit" Then I felt the blood and I felt the file as I jumped out of bed. My husband and I got up almost at the same time. He jumped out of bed on one side and I on the other. I opened the window and shouted. "Murder—Police!" He also shouted out. Going downstairs I saw prisoner coming along the passage from the back towards the front. He said to my husband, I will shoot you, you b——; I will shoot you!" and that made us draw back. Prisoner ran out and left the street door wide open and turned to the left. I saw him as plainly as I see him now. I then returned to my husband, who had gone back to bed. I got him brandy and sent for the police. In the bedroom I found the cap produced, which prisoner had on when he came to see me at Christmas. When I came to look over the house I missed the 7s. 6d. from the shop parlour and also a gold chain belonging to my daughter, which had been hanging above the mantelpiece. On looking into the images, I found my purse was gone with all its contents. The piece of leather produced from inside the brim of my husband's hat (found in prisoner's possession) is the flap of my purse. My husband hung up the hat on the previous night when he came home from his Brixton shop. I did not miss anything from the bedroom. The tool box was not under the scullery sink when I saw it again but on a little table which had been moved from the dresser up against the yard door. The vice produced was lying on the copper in the scullery. The scullery window was open.
year, for the first time. He stayed until the following Thursday morning, when he disappeared. On the night of March 10 he left my place about half-past seven. He said he was going to visit his chum; he did not tell me his name but said he was a hairdresser at Brixton. As far as I can remember prisoner when he left was wearing a cap with green stripes like that produced. He slept away that night and I did not see him any more until the next morning about a quarter-past seven. He was waiting outside the shop when I opened it. I cannot say I noticed what kind of hat or cap he was then wearing. I told him I was surprised to see him so early. He said he had come down on the workmen's tram which did not stop and had landed him earlier than he thought it would. He told me he had been with his chum and slept away all night. He went to his room some time during the morning, but I could not say exactly what time, because when I opened the shop I had to serve customers. I had breakfast with him about half-past eight or nine. After that he told me he was going out at the back. I went into the shop and never saw him any more. He must, I think, then have gone upstairs, but I did not see him myself. I discovered that he had gone at about ten or eleven o'clock. He had two portmanteaux, and as far as I know he took them with him. They were there when he left overnight; they were gone the following morning, so he must have taken them out at the back. He left behind him the bowler hat produced (prosecutor's) in one of the cupboards of the room he had been sleeping in. I handed it over to the police in exactly the same condition I found it in. I think that is all he left behind.
Detective-sergeant THOMAS HEARN , L Division. On the early morning of March 11 about four o'clock I obtained certain information of Mr. Hewson. I was handed the file, vice, and cap. I examined the back of the premises. There is a w. c. in the backyard of the house which backs on to Rose Court. On the top of the wall there is some wire netting which was bent down. There were muddy footmarks on the top of the w. c. and marks as if someone had climbed down on the inner side of the w. c. door. I next examined the sash frame of the scullery window. I found a mark on both portions of the frame near the catch corresponding in size with this file. The window had probably been opened by forcing the file between the sash and levering it inside. I noticed that the barrel of the key protruded through the lock into the scullery. With the vice produced I nipped the end of the key and was able to unlock the door and so gain access to the house. As the result of inquiries I went to the house of Mr. Garrod, North Street, Charlton, where I took possession of the black bowler hat produced. The lining was padded with the flap of a purse in the way described. On March 23 I was in company with Sergeant Thompson and Sergeant Arle, of the Thames Police. We engaged a car at Gravesend and drove towards Sittingbourne. At about 10.10 a.m. we passed prisoner. We went down a turning and then came out into the road again and turned towards him. About forty yards from him Sergeant Arle jumped from the car on the right-hand side. A short distance further on Detective-sergeant
Thompson got out on the left-hand side and went towards the front of the prisoner. I kept on the car and when about a dozen yards behind him I got out and sprang on his back from behind and after some resistance he was secured and handcuffed. I told him who we were and that we arrested him for burglary. He said, "All right; I give in." We placed him in the motor-car and drove back to Gravesend, where he was detained. On the 24th he was taken to the Carter Street Station, in the Lambeth district, where he was charged with the offence with regard to Hewson. He made no reply, but said in answer to Inspector Ferrett that he understood the nature of the charge. I learned from prisoner that he had been living at Westlake's Coffee House, 46, Station Road, Sittingbourne. Accompanied by Sergeant Arle, I went there and took possession of a bag containing a screwdriver, cutting pliers, candles, a file, two skeleton keys with the wards filed off, a pair of gloves, and a combined hatchet and hammer.
To Prisoner. I do not know whether the wire on the wall of the back was bent down before this night.
PERCY WRIGHT , boat builder, 7, Harden Road; New Charlton. (To Prisoner.) I remember that in November you bought the yacht "Silver Spray." I have seen Mr. Hewson visit you down there several times. I cannot say I have ever actually seen him give you money, but I have Heard from you that he has done so. I have known Hewson go away with you on several occasions for short trips in the boat.
FREDERICK MURRAY (prisoner, on oath). I first became acquainted with Hewson at Dartmoor. He was undergoing a sentence of penal servitude at the time, and so was I. On November 17, 1908, Hewson and I went to Charlton to look at a yacht which was for sale. He advised me to buy the boat and promised to have a half share in her. A few days after he brought a lot of stuff on board—metal, plaster of Paris, and so forth—and said, "I shall show you the way to make money." I told him I would rather not, as I did not want to know anything at all about it. A few days afterwards Detective-sergeant Arle came on board the boat and turned it over, looking, I suppose, for contraband. After he had gone I threw all Mr. Hewson's gear overboard. I thought if anything was found I should have to bear the blame, and I would rather not have such things on board. From that time onwards Hewson was buying a lot of things from me, and he paid me 10s. or a sovereign at a time. Most of the things were stolen, and he had some cigars and other contraband things I brought up in the boat. I went to his house and asked him for some money. He refused, saying, "If you come round here I will put the police on your track." On the night of March 10, between half-past 1C and 11, I got over his back yard wall and got into the scullery
before it was locked up. I was going upstairs to take what I could get, hut it was too late, and I slipped into a cupboard in the passage underneath the stairs, just as Hewson came to lock the house up. I had to wait till he and his wife were in bed. I had no tools on me, no weapons of any kind. I gave them about half an hour upstairs, then I came out of the cupboard and went into the shop parlour. I took the purse out of the vase and the chain they say is gold, though it is not gold, which was hanging up. Then I went into the scullery, turning the key from the inside. I pulled the tool-box out from under the sink, looking for a screwdriver or something to force a box. There was no screwdriver, so I took the file. I went upstairs, I should think, about one o'clock to Hewson's bedroom, the door of which was wide open. I had no intention to commit an assualt; all I was going for being to see if I could get any jewellery or money. Just as I got inside the door Hewson sat up in bed, and thinking he saw me I struck him with the file. I would not be sure whether I struck him once or twice. The file slipped out of the handle on to the bed. I lost my cap somewhere in the room or on the stairs, so I went into the back scullery, where I had left my boots, and having no cap I took a felt hat I found in the passage and went out by the front door.
Cross-examined. The scullery window was not forced. I opened it from the inside.
The Common Serjeant. Your point really is that although you stole the things it was not burglary because you did not break into the house.
Prisoner. I did not break into the house.
Further cross-examined. I know the file came out of their toolbox. I wanted a screwdriver because I knew there was money in the box in the front room upstairs. The hat was too big and came down over my face, so I put the flap of the purse inside the lining. There is no doubt the cap produced is mine and that is the hat I stole. I believe I did say to Hewson, "I will shoot you," but I have never carried a pistol in my life. I may have said to Sergeant Arle, "The old one got what he deserved. We were talking the whole way to Gravesend." If I said it I meant it, because Hewson had had stuff of me and had not paid for it. He owes me £50.
Verdict, Guilty of burglary. Prisoner pleaded guilty of a conviction of felony at Chelmsford Quarter Sessions on May 16, 1900, when he was sentenced to 10 years' penal servitude.
Mr. Bodkin laid before the Court a long story of the prisoner's career since his first conviction in 1890.
Sentence, Ten years' penal servitude. The Common Serjeant expressed the opinion that the police who effected the arrest of this most dangerous man should be commended for. the way in which they acted.
BEFORE THE COMMON SERJEANT. (Tuesday, April 20.)
Mr. Metcalfe for the prosecution stated that having considered the case his clients did not desire to offer any evidence. It was an offence under the Larceny Act, and there was considerable doubt whether the evidence would warrant the charge of misappropriation.
His Lordship assenting to this course, a verdict of Not guilty was returned.
BEFORE THE RECORDER.
(Thursday, April 22.)
Mr. Austin Metcalfe prosecuted.
WILLIAM DANIEL the elder, labourer, 21, Hemsworth Street, Canning Town. William Daniel the younger is my son. On the morning of April 19 at one a.m. I was in bed. I was awaked by my son coming into the room. He wanted a bit of supper. His mother told him to go and cut some supper for himself if he wanted it. He was very drunk and was talking about doing seven days for a poker. He said, "I won't do it for you; come and have a fight." I said, "All right, we will have a fight." I did not intend to fight him but I wanted to get him out of the house. My little boy. went for the police. After partly dressing myself I went downstairs, leaving prisoner standing up at the top. As I was going downstairs I said, "If I fight you, will you fight me fair?" and he said, "Yes." Then I felt a blow on the head. He was the only person standing above me. My head was cut open and I was smothered in blood, and as the result I had to go to the station, where the wound was stitched up. I am all right now but have not been able to follow my occupation since the injury. The knife produced is one of our table knives. Before I went down-stairs that knife was lying on the table in the workroom. I remained the street till the police came and my son was taken into custody.
ELLEN DANIEL . I am the daughter of the last witness. I remember my brother coming home on the morning of April 19. He came into the back room and asked for his supper. He was the worse for drink. My mother told him to go and cut some for himself. He then went out and as he went out he said to father, "I will show you it I get
seven days for a poker for you. Come out and fight me." My father got up and dressed and sent my little brother for a policeman. Father said he would fight my brother if he would fight him fair. As father was going downstairs prisoner came out of the room with the knife in his hand and struck him on the head three times. He held the knife dagger fashion and struck downwards, saying at the same time, "I will kill you."
SIDNEY BROWN , assistant divisional surgeon, Canning Town. I was called to the Canning Town Police Station on the early morning of April 19. I there examined prosecutor. He had a curved cut on his head, about 5 in. long, and a flap of the scalp was hanging down over his forehead. I stitched up and dressed the wound. I have not seen him since, but he has been to the hospital, and they say he is going on all right. The wound might have been caused by the knife produced. When I saw the knife at the station it had blood on it. I think the injury was caused by one blow.
Police-constable HERBERT BURR , 832 K. In the early morning of April 19 I was called to Hemsworth Street, Canning Town. I there found the prosecutor being supported by two men outside No. 17. He was bleeding a good deal and the scalp was hanging down over the forehead. Afterwards I went to No. 21, where I saw prisoner. I said to him, "I shall take you into custody for maliciously wounding your father." He replied, "Not me. He fell downstairs and did it. You cannot take me out of here for that." He had been drinking, but was not drunk. I took him to the station. On the way he said, "Let us hurry up; do you think he will die?" When charged he made no reply. The knife was given to me by his brother Richard. There was fresh blood on it."
To Prisoner. I noticed in the station that your finger was bleeding.
WILLIAM DANIEL (prisoner, on oath). On April 19 I was living with my father and mother, and returned home about half-past 12. My father challenged me to fight. I went into the room where he was and asked for some supper. He said, "I will give you supper if you do not get out." He struck me, and I struck him back. He fell downstairs and injured himself. I never used any knife. While I was cutting my supper I cut my finger, and that is how the blood came on the knife.
Cross-examined. I had been drinking. I was on good terms with my sister. I never had the knife; besides it was all dark there and she was in the room.
To the Recorder. He is not given to drinking only when he meets friends. He was going to bed, only his father said he would net have him there. He did not make much noise at first.
Constable BURR, recalled, stated that prisoner worked casually in the docks when he could get work, but he mixed with characters of hooligan type. He had seen him drunk on several occasions and he had been fined for drunkenness. Only last Friday he came out from doing seven days for striking his prospective brother-in-law on the head with a poker. The father gave evidence in that case, and that was the cause of the trouble. Prisoner was also convicted on November 23, 1908, at West Ham Police Court, for insulting behaviour, pushing people about and causing them to get off the pavement. On May 18, 1898, he was convicted of the same offence, at West Ham.
Sentence, Six months' hard labour.
BEFORE THE RECORDER.
(Wednesday, April 21.)
MARKHAM, Henry (54, shoemaker), pleaded guilty of burglary in the dwelling-house of the Rev. Benjamin Meredyth Kitson, and stealing therein certain money, to wit, the sum of 3s. 2d., one silver spirit flask lined with gold, two pairs of steel framed pincenez, and other articles. his goods.
Mr. Condy, prosecuting, said that from the burglar's point of view the choice of Mr. Kitson's rectory at Barnes was an unfortunate one, Mr. Kitson having been in his day a famous Oxford oarsman and athlete. Mr. Kitson hearing a noise in the night got up accompanied by his curate and found two men in the house. Mr. Kitson was struck over the head and arm with a jemmy. The other man escaped by the front door but prisoner entered the dining-room and hid himself under the table, whence he was dragged out by the leg. Prisoner has been many times convicted and has undergone five terms of penal servitude, the first conviction being in December, 1869. On April 2 when this affair occurred, he had been at liberty about a week. Sentence, Five years' penal servitude.
AYNSCOMBE, Geo. John (19, ship's steward), pleaded guilty of unlawfully obtaining by false pretences the sum of £2 in money, the moneys of Mary Poole, with intent to defraud; forging and uttering knowing the same to be forged a telegram contrary to the Post Office Protection Act, 1884; forging a certain document, to wit, a postal telegram, with intent to defraud.
Prisoner was remanded till next sessions, his father in the meantime to endeavour to find him employment.
ALLEN, James (56, coster), and PHILLIPS, Frederick. (36, coster), pleaded guilty of feloniously stealing by means of a trick certain money, to wit, the sum of 1s. 11d., the goods of Harry George Burgess.
The trick in this case is known as "ringing the changes." Sentence, each prisoner, Nine months' hard labour.
BEFORE THE RECORDER.
(Thursday, April 22.)
WILKINSON, Harry (29, painter and glazier) , breaking and entering the dwelling-house of Arthur Charles Stanton and stealing therein certain money, to wit, the sum of £2 10s., three rings and other articles, his goods. Prisoner admitted taking the things but denied felonious intent.
Mr. Ashby prosecuted.
ARTHUR CHARLES STANTON , railway signalman, 50, High Street, Barnes. On Thursday, April 15, my wife had a few words with prisoner, who was then lodging with us, and he left. He had been lodging with us for about six years on and off. In the afternoon I went out with my wife leaving everything locked up. When we rereturned at eleven o'clock we found the glass door at the back broken and there was a piece broken off the weatherboard at the bottom. The door had been unbolted at the top but not at the bottom the bolt being too low to be reached. I went upstairs and found that a window on the first floor had been forced. The window is about four or five inches above the kitchen roof. All the doors were open, which were shut when I went out, and a box at the top of the wardrobe had been moved. My wife pointed that out to me. I missed three rings, a marriage certificate, five insurance policies, a certificate of birth, and a dog license, and £2 10s. in money. All the articles have been returned to me except 5s. 6d. in money. The money and rings were returned by post in two registered envelopes. The other things were found in a shed at the back. I gave information to the police.
To Prisoner. I have never suspected you. I do not know that you have always borne a good character. I have never known you do anything wrong as regards anything like this and do not know what made you do this.
Prisoner. I do not know myself.
Detective EDWARD HUNT , V Division. Information was given to me by the two previous witnesses and I arrested prisoner about five o'clock on the 16th. I told him I should take him to the policestation on suspicion of having broken into 50, High Street, Barnes. He said, "I thought you would have me." I took him to the station, where he was charged. He said, "Yes, I am sorry I was so foolish. I am sorry for it. I expected you would have me but I have sent most of the things back. This was done over a tiff and through drink. I can see now what a fool I have been." In reply to the charge he said, "I did it without thought. I did not intend to steal the things." The receipts for the two registered letters were found on
him and a Rowton House ticket but nothing relating to the charge except a pencil note written to Mrs. Stanton stating that if she was going to have him locked up he would be outside the "Bull's Head" public-house. That is where he was in fact found. I have made inquiries about him. He has worked at the same place in Barnes for the last two and a half years and is a man of very good character as regards work but like men of his class he is fond of a glass of beer.
The Recorder. I should have thought that might have been done by one of the other officers. I never can understand why it requires a special officer to be called at the expense of the country to prove a breaking-in when any of the officers could do it equally well.
Prisoner's statement to the magistrate was read. In it he said, "I was not in my right senses when I done it. I done it in drink. We had a few words. What I done was not intentional. I never done such a thing in all my life."
The Recorder asked the jury whether they thought there was evidence of felonious intention. It was evident prisoner had had a row with these people and that there was some ill-feeling but all the property was returned immediately. In his own opinion there was no case against him.
Verdict, Not guilty.
Mr. Horace Condy prosecuted.
CHARLES SHARP , Technical Institute, Barnes. I recollect going along the Nassau Road on April 5, at about a quarter past 11 at night. My attention was drawn by a man working the electric pump of the Barnes District Council. I saw a van belonging to my brother tipped over on its side, and there were two men there. Churchley was on the top of the van, trying to take the cap off the wheel to get the wheel off. The spanner produced is the one he had. I went up to prisoner and said, "What are you doing here?" He said, "I wanted an old wheel for a cart, and I thought about taking this one off here." I said, "Oh! are you?" He said, "Is it yours, Charlie?" I said, "Yes, it is." Then he said, "Well, God strike me dead. I. did not know it was yours, or else I would not have touched it. You are not going to lock me up, are you, Charlie?" I said, "You will have to, go along with me to see Tom" (my brother). The other man went away and put the spanner down by the side of the fence along the field, and I went and picked it up. I did not know the other man at all. Prisoner called to him to come back, and he came back with the prisoner to a public-house, where they had a pony and cart waiting outside. I said, "You will have to come along with me." They got into the cart, but I got hold of the pony's head, and would not let the pony go. They then got out of the cart and walked down to where my brother lives. There is a side passage where there is room to turn a pony round, so I told them to take the pony and cart down there, while I called up my brother, who was in bed. Churchley in
the meantime had got the pony's head round in order to get away. Then a sergeant and constable came up, and I said to them, "Do not let these men go away until Tom comes." They asked me what was the matter, and I said, "They have been up in the field trying to take a wheel off the van." The name "W. Sharp," was painted on the van by an experienced painter. It was a moonlight night.
To Prisoner. When you worked for my brother Bill you were known by the name of Wood.
To the Court. The other man was dealt with at the Mortlake Police Court.
FRANK REEVES , 3, Thornes Passage, Barnes. I am employed by the Urban Council to work the electric pump. On April 5 I was at work in a field in the Lonsdale Road. It was a bright moonlight night. I turned my head and, looking over the dwarf wall, I saw prisoner and another man crouching in a corner of the field, and running along towards some heaps of hard core. When they reached the van I heard the jangling of tools. Prisoner went towards the back of the van and the other man round the side of it. I could not very well see, because they were on the far side of the van. I heard prisoner say to last witness, "Do not do it on me this time, Charlie," or "Do not put it on me." The other man went to the corner of the field, where the houses leave off in the Nassau Road, and placed something underneath the bottom of the fence, and the last witness went and picked it up.
Police-sergeant WILLIAM CLAYTON , 50 V. On the night of April 5 I found prisoner detained in High Street, Barnes, and prosecutor gave him in charge. He said, "Charlie Sharp owes me a bit of money and I am going to bleeding well get my own back." I searched the cart, and in a forage bag I found this wrench and screwhammer produced. I examined the van and found that the spanner which was found in the field just fitted the cap of the van, upon which there were some recent marks. Then I returned to the police station. Prisoner was charged, and made no reply.
Prisoner stated, in defence, that he had been up to Covent Garden Market that day and had had a glass to two. Then he went to the "Sun" public-house at Barnes, and remained there half an hour. Then he and his friend went out to ease themselves and pulled up close to the van. His friend had the spanner in his pocket, and said, "What about this old van?" Prisoner replied, "I should not touch that," and then his friend began to take the wheel off. Then Sharp came up and said, "Frank, I have got you now," and took him round to his brother's and charged him and the other chap with trying to steal his van wheel.
Verdict, Guilty. A number of previous convictions were proved.
Sentence, Six months' hard labour.