Vol. CLI.] Part 896.
CENTRAL CRIMINAL COURT
HELD MAY 18TH, 1909, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writer to the Court.
POINTS OF LAW AND PRACTICE
R. F. GRAHAM-CAMPBELL, ESQUIRE,
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
GEO. WALPOLE, PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W. C.
THE ARGUS PRINTING COMPANY, LIMITED,
10, TEMPLE AVENUE, AND TUDOR STREET,
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, May 18th, 1909, and following days.
Before the Right Hon. Sir GEORGE WYATT TRUSOOTT , Knight, Alderman, LORD MAYOR of the City of London; the Hon. Sir CHARLES JOHN DARLING , one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart.; Sir ALFRED JAMES NEWTON , Bart.; Sir W. VAUGHAN MORGAN , Bart.; WALTER MURRAY GUTHRIE , Esq.; Sir CHAS. CHEERS WAKEFIELD , Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; Sir F. K. ALBERT BOSANQUET , K.C., Common Serjeant of the said City, and His Honour Judge RENTOUL , K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
TRUSCOTT, MAYOR. EIGHTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE MR. JUSTICE DARLING.
(Tuesday, May 18.)
JOSEPH HENRY GRINSET . I am licensee of "The Jolly Butchers" beerhouse, Baker Street, Enfield. Eleven months ago I had occasion, to refuse to serve prisoner. On April 1, about 8.30 p.m., I was in the private bar. I heard prisoner say to my wife, "I don't want you, You—cow. I want your b——of a husband; I mean to do for him to-night. I went to the public bar, where I saw prisoner. I told her to leave my premises. She said, "No; this will be a fair, stand-up b——fight. "She attempted to kick me in the lower part of the body; as I stepped back the "kick: came on the inside of my left thigh; at the same time she brought down her hand with the heavy bunch of keys produced on top of my head three times; then she brought a glass from underneath her cloak and smashed it on my forehead. I closed with prisoner, and we had a terrible struggle for five minutes. Eventually the police came and she was taken away. Previously to this prisoner had threatened, to blind me and to kill me.
To Prisoner. It is not true that I struck you first. I did catch hold of your throat; that was after you had cut my head open. You were so Violent that I had to kneel on you; I did hit you on the mouth, but I did not punch you or kick you.
ALFRED CARTWRIGHT , foreman ganger. I was in the public-house when prisoner came in. She said to the landlady, "Where is that b——f—husband of yours; I've come in here to-night to do him in." Prosecutor came round, and they closed together; in the struggle they cannoned against me, and we all fell; I underneath the other two. As I got up I saw that prisoner had this broken tumbler in her hand; she was trying to jag prosecutor in the face with it. I got the glass from her.
To Prisoner. I did not hear you scream, "Let go my throat; you are choking me." Prosecutor did not strike you. He did not say, "I will break every bone in your body."
JULIUS MOORE , divisional surgeon. On April 1, about 10.20 p.m., I examined prosecutor at Enfield Police Station. He had cuts on the forehead and a lacerated wound on the top of the head; the cuts might have been caused by the broken tumbler produced; the other injuries by the bunch of keys produced. I also saw prisoner; she had pains in her inside, but I found no signs of injury. She had blood on her mouth. I thought she was intoxicated.
To Prisoner. You did not complain that you had been kicked; you said that you had been knelt upon, and I strapped up your left side to relieve your pain.
Police-constable ALEXANDER MCBEAN , 797 Y. On being called to this public-house, I saw prisoner lying on. the bar floor; she appeared to be intoxicated; there was a little blood on her lip. She refused to walk to the station and was taken there on the ambulance. On being charged with malicious wounding, she made no reply.
PRISONER (not on oath) said that whatever she did was done in selfdefence; she was still suffering from the effects of the blows she had received from prosecutor. She also handed up two certificates, which (Mr. Pureell not objecting) were read. They were from Dr. Leslie Ridge, to the effect that he attended prisoner early in April, v—then she was suffering from severe contusions of the left side and chest, injuries received from extreme violence.
Verdict, Guilty on the second count.
Twelve summary convictions (for assault, drunkenness, and disorderly conduct) were proved, and the police gave prisoner a very bad character.
Sentence, 12 months' hard labour.
Sentence, Five years' penal servitude.
Mr. Fordham prosecuted; Mr. Eustace Fulton defended.
Mrs. KATE WOODLEY . I live at 6, Northfield Road, Ealing; prisoner lives at No. 26. I have known her for a number of years. On April 12 (Easter Monday) I left my house at seven p.m.; the gas was not then lit, and there was very little fire in the kitchen grate; the house was empty. There were some clothes left to air on the lines in the kitchen; the nearest line would be a yard and a half from the fireplace. I returned about half-past nine, and, on opening the street door, noticed the smell of fire. On opening the kitchen door I saw a huge fire on the top of the grate; a lot of children's clothing
I had been put there and set light to and the clock from the mantelshelf had been thrown in the middle of the fire. The clothes on. the lines had also been fired and had fallen down, burning the oilcloth and boards. Just after I got in prisoner came in. I said, "Someone has been in my house and tried to set it on fire." She said, "Oh, what a shame! Who could have done it? Do you think your husband has come home the worse for drink and done it?" I said my husband would have more souse than to burn his own children's clothes. She said, "I saw Reginald playing round the corner. Do you think he has been in?" I said, "Oh, no; it is his own clothes that are burnt; besides, the could not take the clock from the mantelshelf and put it in the middle of the fire." My boy Reginald is 15 yeans old; he had been out on Ealing Common and did not return home till after I did. Prisoner was much the worse for drink.
Cross-examined. In spite of what had happened, my little girl Mabel went on this night and slept with prisoner's little girl. My husband did not come in till a quarter past 10; ho does take a glass of beer sometimes. I have never had a quarrel with prisoner; we were neighbours, but her ways were far different to mine; I mean as to drink. On the morning after the fire prisoner came in and asked me, "Have you heard anything of the fire? I said, "I have heard a little, and, by what I hear, you are the person that has done it. "Just then another neighbour, Mrs. Stone, came in. She said to prisoner," I saw you come into this house; you turned the latchkey; it was between a quarter and 10 minutes to nine, and you remained till about 10 minutes or a quarter past nine. "I did not say to prisoner that I had had a presentiment in a dream that she was the person who did it.
Mrs. BLACK. On April 1, just before nine p.m., I was in Northfield Road, opposite Mrs. Woodley's house, talking to Mrs. Stone. I saw prisoner go up to the house, unlatch the door, and go in; she stayed there 10 or 15 minutes. I have known prisoner 10 or 12 years; I have no doubt she is the woman I saw.
Cross-examined. I heard nothing of the fire until the morning following, when Mrs. Woodley sent for me. She asked me if I had seen anyone enter the house, and I told her what I have told hers; Mrs. Stone, who was also present, said: "We both saw her."
Mrs. STONE corroborated the previous witness.
NELLIE EM ANS (10 years old). On April 1, as I was passing Mrs. Woodley's house, about nine or a little after, I saw flames through the fanlight; I saw prisoner come out of the house; I know her well by sight, and am sure it was her.
Cross-examined. I was not frightened when I saw the flames; I saw Mrs. Newman come out of the house and thought it was all right, so I went straight 'home to bed. Next morning I heard mother saying what a dreadful thing it was; I said, "What was it, mother?" She said, "Mrs. Woodley's house was set fire to last
night." I said, "Oh, I saw Mrs. Newman come out of there last night," and then I told her what I have said here.
WILLIAM HENRY WALKER , scaffolder. On April 1 was passing down Northfield Road between nine and 9.30. As I was passing opposite No. 6 I noticed a woman in the passage pick up some fire from the floor—it looked like some lighted paper—and carry it towards the kitchen door; while I was lighting my pipe she returned with the lighted paper towards the front door. I did not see her come out. I do not know who the woman was.
SAMUEL OLIVER , foreman fireman at Ealing, said he examined the premises on the night of the fire, and found the remains of burnt clothes in the grate, together with the clock. In his opinion the fire could not have been the result of an accident.
Sergeant HEDLEY, X Division, said that on arresting prisoner she said, in reply to the charge, "I am innocent of this; I never went into the house"; witness said, "There are two people who saw you go in"; she said, "It's a lie if anyone says I did; I never went into the house; the truth goes the furthest; I am innocent."
PRISCILLA NEWMAN (prisoner, on oath). I have lived with my husband at 26, Northfield Road, for 22 years. On April 1 I did not leave my ¡house till a quarter to nine p.m. I went out to the stores and on my way met Mrs. Watkins; I returned home a minute or two to nine. At 9.15 I went out with my married daughter; we went to see my husband at the "Foresters" round the corner. I did not have anything to drink. Returning, I met Mrs. Stone; it was then half-past nine. Passing No. 6, Northfield Road, I saw that the door was wide open and Mrs. Woodley was in the passage. My married daughter and I went in; we asked what was the matter; Mrs. Woodley said, "Somebody has been in and set my place on fire; when I first see it and put the poker in the fire it crossed my mind in a minute that my husband had come home in one of his mad fits and thrown his body on the fire. "Next morning as I was going out I called at Mrs. Woodley's; the kitchen was full of women; Mrs. Woodley said, "'Scilla, you set this house on fire; I had a presentiment in my dream that you had done ft." Afterwards I was arrested. I swear that I was not in Mrs. Woodley's house at all on the Easter Monday.
Cross-examined. I have had no quarrel with Mrs. Woodley, or with Mrs. 'Stone or Mrs. Black. It is absolutely untrue that the two latter or the girl Emans saw me enter the house. I have never been drunk in my life. I may have had three glasses of ale on this day.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Tuesday, May 18.)
MCKAY, William Rowland (63, no occupation), having pleaded guilty last Session (see page 15) of maliciously publishing a certain defamatory libel of and concerning Alexander Munkittrick, when he was ordered to pay the costs of the prosecution and to insert advertisements of apology, Mr. Lionel Benson stated that owing to the costs not being taxed they had not been paid; it being the practice of this Court not to tax the costs until judgment had been definitely given.
The Recorder said there was nothing to prevent defendant voluntarily paying the costs; he would postpone judgment till next Session; prisoner bound over in £50 to come up for judgment on the first day of next Session.
TURNER, George (29, porter), pleaded guilty of breaking and entering the shop of the Non-Tread-over Boot Company, and stealing therein one 'boot and one shoe, their goods; unlawfully and maliciously damaging by night a glass window, the property of the Non-Tread-over Boot Company, to an amount exceeding £5. Prisoner confessed to having been convicted of felony at this Court on February 29, 1904. He was stated to be in bad health and to be suffering from consumption. Sentence postponed to the first day of next Sessions.
HOLSTEAD, Harry (33, tailor), pleaded guilty of having been entrusted with the sum of £1 12s. 6 1/2 d., in order that he might deliver it to Arthur Condler, fraudulently converting tine same to his own use and benefit.
It was stated that prisoner was a man of otherwise good character, and that this was an isolated case of sudden temptation tinder the influence of drink. Prisoner, having promised to take the pledge, was sentenced to one day's imprisonment.
MARTIN, Robert (51, dairyman), pleaded guilty of obtaining by false pretences from Sidney James Read, certain orders for the payment of money, to wit, three postal orders for the payment of £210s., with intent to defraud. Attempting to obtain from Ernest Haigh postal orders to the value of" £2 10s., with intent to defraud.
Prisoner confessed to having been convicted at this Court on September 10, 1907, receiving 12 months' hard labour, for obtaining money "by menaces, after a previous conviction on December 16, 1901, for the same offence; another conviction was proved.
Sentence, Nine months' hard labour.
WEICK, Edward (48, engineer), and SEYFARTH, Paul (28, clerk) ; both being bailees of two sewing machines, the goods of the Singer Sewing Machine Company, Limited, fraudulently converting the said goods to their own use, and thereby did feloniously steal the same; both being entrusted with the said goods to retain the same in safe custody, fraudulently converting the same to their own use.
Prisoners both pleaded guilty to the first indictment, which was accepted by the prosecution.
Sentence: Seyfarth, Seven months' hard labour; Weick, Six months' hard labour; both certified for expulsion under the Aliens Act.
ISOM, George Frederick (26, postman), pleaded guilty of stealing on May 3, 1909, one postal packet containing one postal order for the payment and of the value of 6s., and on May 4, 1909, one postal packet containing two postal orders for the payment and of the value of £1 and 12s. respectively, both postal packets being in the course of transmission, the goods of His Majesty's Postmaster-General, he being employed under the Post Office.
Sentence, Nine months' hard labour.
GOODMAN, David (21, watchmaker), pleaded guilty of stealing one Post Office Savings Bank book, the goods of Frederick Reynolds Gamble, his master; forging and uttering, knowing the same to be forged, a request for the payment of money, to wit, one Post Office Savings Bank notice of with drawal for the sum of £70, with intent to defraud.
Sentence, Eight months' hard labour.
HART, Harry (25, postman), pleaded guilty of stealing one post letter containing a postal order for the payment and of the value of 15s. and 12 penny postage stamps, and one post letter containing a postal order for the payment and of the value of 14s., the goods of His Majesty's Postmaster-General, he being employed under the Post Office.
Sentence, Nine months' hard labour.
Sentence postponed to next Sessions.
MOORE, William Henry (56, postman), pleaded guilty of stealing one postal packet containing therein moneys to the amount of 5s. 6d., one postal order for 5s., and six penny postage stamps, in the course of transmission, the goods and moneys of His Majesty's Postmaster General, he being employed under the Post Office.
Sentence, Six months' hard labour.
MARSH, William John (32, postman), pleaded guilty of stealing one postal packet, in course of transmission by post, containing the sum of 5s., the goods. and moneys of His Majesty's Postmaster General, he being employed under the Post Office.
Sentence, Nine months' hard labour.
BERG, William (21, waiter) ; stealing on May 7, 1909, the sum of £2, the moneys of Elizabeth Kilpatrick, his employer, and on February 7, 1909, one tin box and the sum of £5 13s., the goods and moneys of James Tate.
Mr. Lilley prosecuted.
JAMES TATE , tobacconist, 333, Church. Road, Leyton. I have known prisoner about five weeks as a customer. On February 7, 1909, I was playing cards in my shop parlour. The prisoner, Ernest Harvey, Toye, and three others were present. Prisoner asked for a packet of "Woodbine" cigarettes, which I left the parlour to get from the shop, returning almost immediately with them. Prisoner then slipped out. Ernest Harvey made a communication to me and I gave information to the police.
Cross-examined. Prisoner left a couple of minutes after Toye. He paid 1d. for the cigarettes.
EBNEST HARVEY , wire winder, Leyton. On February 7, at about 4.30 p.m., I was playing cards im prosecutor's parlour. Toye and 5. prisoner were there. Prisoner asked for a packet of "Woodbine" cigarettes. Prosecutor went to get them, when Toye took a box from the shelf and left the shop, followed by the prisoner. I then made a communication to prosecutor.
Cross-examined. Prisoner did not pay for anything but the cigarettes; I paid for my own tea. Five were present—prisoner, prosecutor, myself, and two others.
Detective HENRY EDWARDS , G Division. On May 14 I saw prisoner at Bow Street Police Station, where he was in custody under another charge. I told him that he would be charged with being concerned with Frederick Toye on February 2, 1909, in stealing a tin box, the property of James Tate. He said, "Yes, sir." When the charge was read over he said, "The man,' that did that was sentenced." Later on, at the rear of the Court, he called me to him and said, "I did not steal it; I only knew it was stolen; when Toye gave me the sovereign."
FREDERICK JOHN TOYE , hawker. I pleaded guilty at Stratford Police Court of stealing £5 13s. from prosecutor and was sentenced to two months' hard labour, and I have served that sentence. Prisoner did not know that I took the box—he did not know I was going to steal the box. I gave prisoner a sovereign outside the shop because he had had a row with his mother and wanted to get away. I did not then tell him I had stolen the money. I told him later on the same day where I had got the sovereign from. I stole the box at about four p.m. Two or three hours afterwards I told prisoner. I had then thrown the box away; the box was not locked when I took it.
Cross-examined. I had left the shop 10 minutes or a quarter of an hour when prisoner followed me. I was waiting outside the shop for him to come out. I did not examine the contents of the box till after I had given prisoner the sovereign. I took a sovereign out
of a paper bag, which I gave prisoner. I said to him, "Take this, Will, and you can go away." We then went together round the West End of London and I told him I had stolen this money. I did not notice that Harvey saw me take the box out. I did not run off as fast as I could when I got out of the shop. I waited about 10 minutes outside the shop.
JAMES TATE , recalled. When I returned to the parlour the prisoner passed me and went out, handing me 1d. About five minutes afterwards, immediately I found my box had gone, I ran out to see if I could see anything of the two men. I could see nothing of either Toye or the prisoner.
WILLIAM BERG (prisoner, not on oath) stated that when Toye gave him the sovereign he was thankful because he wanted to leave home, where he could not get any money; that he went to Antwerp, worked there on a boat, returned to England, got a situation here as a waiter, and was arrested on a charge he was innocent of; he did not know when he received the sovereign that it was stolen. The Jury desired to ask the prisoner a question, when the Recorder ruled that no question could be put to him, he not having gone into the witnessbox.
Verdict, Not guilty of stealing the box; Guilty of receiving £1 well knowing the same to have been stolen. The prosecution did not desire to proceed with the indictment for the theft from Kilpatrick.
Prisoner confessed to having been convicted at the Court House, Stratford, on March 9, 1907, when he received two sentences of three months (concurrent) for stealing money.
Sentence, Two months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, May 18.)
GRACEY, Lilian (39, dealer), pleaded guilty of uttering counterfeit coin, well knowing the same to be counterfeit, and having in her possession five pieces of counterfeit coin with intent to utter the same.
Sentence, Three months' hard labour.
Sentence. For the double uttering, 18 months' hard labour; and in respect of the two counts dealing with single utterings, six months' on each count, all the terms of imprisonment to run concurrently.
Mr. W. H. Sands prosecuted.
ETHEL YETTON . I help my father, who keeps the "Rising Sun," Green Street, Bethnal Green. On Thursday, March 25, I was serving in the bar when prisoner came in and asked for a small lemon and dash, costing 2 1/2 d. He paid with the 2e. piece (produced), and I gave him, the change. When prisoner was gone I found the coin was a bad one, and showed it to the barman. On the following Saturday he came in again about half-past eight and asked for a glass of beer, costing 2d. He again tendered a 2s. piece in payment. I recognised him as the man who had come in on the previous Thursday, and gave the coin to my father, who spoke to prisoner.
To Prisoner. I did not know you as a customer, 80 far as I know you had never been in the house before March 25.
To the Court. I am sure prisoner is the man.
WILLIAM YETTON , licensee of the "Rising Sun." On March 25 my daughter showed me a coin. On the 27th she again spoke to me and I then saw prisoner in the bar. I asked him if he had any more coins like that produced, which I had previously bent on the counter. He said, "I nave some other money on me," and pulled out a good shilling to pay for the drink. My daughter gave him change for the shilling. I went outside to look for a constable, but did cot see one. I saw prisoner go up Green Street and followed him into Cambridge Road, where I lost sight of him. I gave a description of him with the coin to the police. I saw. him some weeks afterwards at Old Street Police Court, where I identified him.
LOUISA CROMER . I help my sister, Mrs. Garrett, who keeps the "Queen's Hotel," 274, Victoria Park Road. I first saw prisoner about two o'clock on April 11; I think it was a Sunday. He came into the bar and asked for a pony of bitter, costing 1d. He tendered in payment the counterfeit florin produced. I turned to Mrs. Garrett and told her it was a bad 2s. piece, and also showed it to Mr. Garrett. I told prisoner the coin was bad, and asked him if he had any more on him. He said ¡he did not know it Was a ¡bad one. Then my brother-in-law went for a policeman. Prisoner wanted to be searched then and there.
WILLIAM THOMAS GARRETT . My wife is licensee of the "Queen's Hotel." I saw prisoner tender the coin to the last witness. My assistant gave me a prearranged signal. I went round to the bar, shut the door, and sent for the police. Prisoner said he thought the coin was all right. When the policeman came prisoner asked to be. searched, but there was no convenience for searching him.
Police constable ROBERT GOLDMAN , 608 J, gave evidence of arresting prisoner. He asked prisoner where he got the coin from, and he said he did not know. He also asked ¡him if he knew it was a bad one, and he said he did not. Prisoner was searched at the station, and there were found on him six shillings, two sixpences, and 2 1/2 d. good money. In reply to the charge, prisoner said that a man gave him the counterfeit florin on London Bridge.
close by, and that Mr. Piper had paid him 20s. wages on the previous Thursday night, the counterfeit 2s. being amongst the money paid. On making inquiries prisoner found these statements to be false. Mr. Piper had not paid him any wages on the previous Thursday, and prisoner was not known at the address he gave, though he was known in the neighbourhood. When charged at the station prisoner repeated the statement about the florin having been given to him by a man on London Bridge.
WILLIAM JOHN WEBSTER , officer of the Mint, said he had examined the three coins, but owing to the way they had been dealt with as exhibits, paper being pasted over a great part of them, he could not say whether they were all from the same mould.
Verdict, Guilty. A number of convictions were proved.
Sentence, Nine months' imprisonment for each of the three offences, the sentences to run concurrently.
BEFORE MR. JUSTTCE DARLING.
(Wednesday, May 19.)
Mr. Warburton prosecuted; Mr. Huntly Jenkins defended Dove; Mr. Lawrie (at the request of the Court) defended Baker.
Verdict, Dove, Not guilty; Baker, Guilty.
Sentence, Baker, Five years' penal servitude.
BEFORE THE RECORDER.
(Wednesday, May 19.)
MAY, Sidney (21, traveller) ; obtaining by false pretences from Frederick William Schultz the sum of £5, his moneys, with intent to defraud; having been entrusted with the sum of £5, the moneys of Frederick William Schultz, in order that he might retain the same in safe custody as a security during the time of the said Frederick William Schultz's service with ham, and return the same to him on his quitting the said service, fraudulently converting the same to his own use and benefit.
Mr. Bohn prosecuted.
a week, £5 cash security required. Write 131 and 132, Bunhill Row." I answered it, received postcard (produced), and called upon prisoner at Bunhill Row, where he had an office on third floor with "S. May and Co." on the door. He said he wanted a young man to take charge of the office while he was out; that he travelled in the drapery line; that he wanted £5 security, and would pay 18s. a week. I told him I had not got the £5 that day but I could get it. He said when I had got it to let him know. I then drew my £5 from the bank by telegram, and wrote that I would call the next morning (Tuesday). I saw him on the Tuesday, paid the money, and he said I was engaged, giving me receipt (produced): "Received of F. W. Schultz the sum of £5, to be held as security until he leaves my employment" That is written on notepaper of the Regal Manufacturing Company. Prisoner then sent me round to all the newspaper offices to inquire price of insertion of an advertisement for agents on commission at 20 per cent. I returned to the office at about 11.15 a.m. Prisoner had not gone out. He had given me the key to come in with, and had also instructed me to direct some envelopes, which I did. I attended at the office on Wednesday and Thursday from 9.30 to 5.30. On Friday prisoner came to the office, told me he could not pay me more than 12s., took the key from me, and told me to come up in a fortnight's time as he had engaged me a fortnight before the time; that there was nothing to do. I asked for my £5 security back. He said, "I have not got it with me today, but I will let you have a cheque to-morrow at 12.30." The next morning) (Saturday) I received a postcard (produced) telling me not to come up, and that he would not be able to return my money till May 8. I then went to the police station for advice, and on April 27 swore an information on which a summons was issued. While I was at the office no one came and no business whatever was done When I paid my money I believed prisoner was doing a genuine business. He told me that I was to take charge of the business while he was out. There was some property in the office •belonging to Richards, who had sublet the office to him—I thought at the time it belonged to prisoner—it consisted of picture postcards, rulers, and other articles. The book produced was what I was told to address the envelopes from. On paying me the 12s. he told me the £5 was in the bank. Prisoner did not tell me his private address.
JOHN RICHARD OLIVER , 6, York Villas, Twickenham, book-keeper. I sublet a portion of my office at No. 131 and 132, Bunhill Row, to, prisoner at 7s. a week. The room was furnished; prisoner was to use the room but not to interfere with my stock which was there, nor to use my stationery which was headed "Regal Manufacturing Company". The room was taken from March 30, 1909; prisoner paid the rent for three weeks; I understood prisoner was taken ill and he was afterwards arrested; I have not received my key back.
Cross-examined. On the day after prisoner paid prosecutor the 12s. I saw his father—I do not remember prisoners father saying he would settle any debt incurred by prisoner.
Sergeant ERNEST HOOK , G Division. On April 28, at 10.15 a.m., I saw prisoner at 13, ßaxendale Street, Bethnal Green. I told him I held a warrant for his arrest and read it to him; it was for obtaining £5 from P. W. Schultz by false pretences, and with intent to defraud. Prisoner said, "All right, I must come to the station." He was taken to City Road Police Station and charged, and asked if he would give any account of himself. He said, "All is on the warrant that you want to know about me." At his office I found book produced and 16 letters from people replying; to an advertisement of a situation. I also found an advertisement for "Agents wanted on commission at 20 per cent."
Cross-examined. I never told prosecutor that if he would pay 2s. for a warrant I would get his £5 back for him. I knew nothing of the prosecutor until he came to the station to complain that prisoner had defrauded him. I told prosecutor it was necessary to go before a magistrate and obtain a warrant at the police court. I went with him, the warrant was granted, and I arrested prisoner. Prosecutor was asked to pay 2s. for the stamp in the ordinary way.
Prisoner's statement before the magistrate: "The reason I asked for the £5 security was that he would have the keys of the office and the building, and also that there were goods there that were not mine."
SIDNEY MAY (prisoner, not on oath), said that in reply to the advertisement he got about 40 replies, of whom 10 or 12 would have been willing to pay £5 secuirity; that he had only obtained one £5 from the prosecutor when he might have obtained £50 or £60 if he had intended to defraud. He had paid the prosecutor 12s. for the four days he had been at work; had also paid three weeks rant of the office, £1 2s. 6d., and for the advertisement, making altogether about £2 2s. He had never 'been in trouble before, and was innocent of any intention to defraud.
GEORGE BROWNING , furniture packer, 12 years with O. R. Elliott, furniture importer, Curtain Road. Prisoner is my son; he has never been away from home till arrested. He has always been a boy of good character. When he left school I got him a situation at a wholesale ironmongers in Curtain Road, where he was for four years, starting at 10s. a week and receiving when he left £1 1s. a week. He left that to learn motoring; I paid £5, and he learned the work and obtained a licence, but failed to obtain employment. I then got him employment in my firm at 15s. a week and his dinner and tea. He stayed there 15 months, and left to travel in the furniture business for a man who temporarily discharged him owing to slackness of trade. I did not know that he had taken the room from; Mr. Oliver.
Verdict, Not guilty.
WALTER MANSFIELD , bootmaker. On Easter Monday evening I was at the "Coffee House" public-house a £ 6.30 p.m.; prisoners were in the bar and the landlord was there. I had a little dog in my arms which the prisoners commenced to make a fuss of. I asked them to leave it alone when they pushed me into the corner and snatched my watch. I was wearing the watch in my waistcoat pocket attached to a chain. I left the bar, and when I got outside I found the watch gone and the chain hanging. There was no one in the bar besides the two prisoners. I went back and asked prisoners for the watch; they said they had not got it. A police constable was sent for and I gave them in charge.
Cross-examined by Pyle. I never saw seven or eight men in the bar—I saw no one but the prisoners. When I went outside and massed my watch I gave the dog up to a friend to take it home and immediately came back into the bar and accused prisoners. The publican fetched the police.
ALFRED HUMPHREYS , landlord of the "Coffee House Tavern," Chorlton Road. On the night of Easter Monday prosecutor came into my bar with a dog; there were the prisoners and about six other customers present. The two prisoners were stroking the dog; prosecutor went out; I was standing at the door when he left; he returned in about a quarter of an hour and said, "I have had my watch stolen." Prisoners and two others were then in the bar. I said to prosecutor, "Who could have taken it?" He walked inside and said, "Those two young men who were interfering with my dog." No one had left the bar since prosecutor went out. Prisoners said they (knew nothing about it, they had not got it. I said to prosecutor, "You had better fetch a policeman," and also sent my potman for one. I asked the prisoners to stay in the bar till the policemen came; they said they would. The policeman came and prosecutor gave prisoners in charge.
Cross-examined by Pyle. I served the prisoners; I think prosecutor came in afterwards. I did not see them hold him in a corner—I thank I should have seen it if it had happened. Prosecutor was outside a quarter of an hour. While he was out two other men went out. Prosecutor came back from the other side of the road as if. he had come from home. I was standing at the door, when he came up in a hurry and said, "I have lost my watch." I know prisoners as customers.
Re-examined. I saw the two prisoners toying with the dog. The two men who went out are regular customers—I do not know if they are known to the prisoners.
stealing my watch. "I told Pyle I should take him into custody. He said, "I have not got it. We had a bit of a game. with the old boy. "On the way to the station he said, "I am a bit boozed. The other man got it. Do you know that old boy?" apparently referring to prosecutor. When charged Pyle made no reply. He was quite sober. He sent for Detective-sergeant Goodchild, who came to ham. In the presence of Nottage he said something about his being drunk, which I did not hear distinctly.
Cross-examined. I am sure Pyle said the other man had taken the watch.
Police-constable FRANK HIGNELL , 495 Y. On April 12 I was called to the "Coffee House Tavern," when prosecutor pointed to the two prisoners and said, "Those two men have stolen my watch." One of them was in one corner and the other in the other corner of the bar. I went to Nottage and told him I should take him into custody; he made no reply. On the way to the station Nottage said, "I admit we had a game with the old boy, but I know nothing of his watch." When charged Nottage said, "He should not have had a watch and chain and then he could not have lost it."
Cross-examined by Nottage. It is not true that Nottage never opened his mouth on the way to the station; he made the remark I have stated.
Detective-sergeant CHARLES GOODCHILD , Y Division. On April 12 I was at the station when the prisoners were charged. Pyle sent for me and said, "Can I speak to you?" I said, "What is it?" Nottage was in the charge room about seven or eight yards off, and I think could hear. Pyle was speaking in an ordinary tone. He said, "Bill had the watch. I have not got it. You can see I have had too much to drink. "He did not appear to have had too much to drink. I took a note of the words at the time.
Cross-examined by Pyle. I was not present when you were brought in; I did not see you until you sent the constable for me—did not know you were in the station. On Tuesday morning I may have come into the waiting-room with another detective. I did not say I had got a man named Catchpole. I was going to have for the watch. A man of that name was charged. I did not say I was going to put him up for the watch. I saw Pyle's wife, and told her if she could find two respectable men as bail for Pyle in £20 I was willing to attend the court and tell the magistrate I was satisfied.
To Nottage. I am certain what I have stated was said by Pyle in the presence of another officer.
WILLIAM PYLE (prisoner, on oath). I am a driver employed by the Post Office and by His Majesty's Stationery Office. On April 12 I was in the "Coffee House Tavern"; there were five or six others there. I was with Nottage and another man. Prosecutor was showing his dog to some of the men. We got our drink and the prosecutor went outside followed by some men from the bar. I remained.
About a quarter of an hour afterwards prosecutor returned without the dog, and said to Nottage, "Give us it." Nottage said, "I have not got your dog." Prosecutor said, "No, not my dog, my watch. You have got it." Humphreys came in with prosecutor; he said to Nottage, "Do you know anything about the watch?" Nottage said, "No—have the bar searched. "Humphreys said, "No, I cannot do that. You had better wait here while they fetch the police. "We waited there until two policeman came in, when we were taken to the station, were searched, and nothing was found upon us. On the Easter Monday night, after the prosecutor had left the station, he accused another man of stealing his watch. I never told Goodchild Nottage had the watch.
Cross-examined. I have been a royal mail driver for seven months, up to my arrest—I should have been employed since if I could have got out on bail. I worked for Mr. Allen. I was at work on Easter Sunday and had a day off on the Monday. I went with Nottage to the "Coffee House Tavern" that night with a man called Chaffin, I believe, and Catchpole—I do not know if he is here. We all had a drink. Prosecutor was there. I never stroked the dog—I did not see Nottage do so. After we were there about three minutes prosecutor went out and some men went out with him. I have known Nottage six or seven years. I had not seen him for four or five months, and did not know where he was working; he used to work for Bennett. Tue whole of Goodchild's and Watt's evidence is false about my saying that "Bill (had the watch," or "The other man had the watch." I denied those statements the next day before the magistrate.
WILLIAM JOHN NOTTAGE (prisoner, on oath). I am a carman. On Easter Monday, at 11.45 a.m., going down the Euston Road with my van I met Pyle. He asked where I was going. I afterwards met him; we met Catchpole and Chaffin, and went into the "Coffee House Tavern" where the prosecutor was. After a few minutes prosecutor went out. We stood there talking for a quarter of an hour when prosecutor returned and said to me, "Come on, where is it?" I did not know who he was referring to. He had not got the dog. I looked at him and the other people in the bar and said, "The gentleman has lost 'his dog; it is not in here." The landlord said the prosecutor had lost his watch. I turned round and said, "If you have lost your watch in this company here just shut the door and have everybody searched that is in the bar." The governor of the "Coffee House" said, "No, I must not do that. If the gentleman" has lost his watch we shall have to fetch the police." He said to prosecutor, "You go and fetch the police." Prosecutor said, "You keep the prisoners here while I go and fetch the police." Mr. Humphreys said, "Will you wait here till I fetch the police? I said, "Yes, we have nothing to go away for." We waited there four or five minutes when the prosecutor returned with the police and gave us in charge. We were taken to the station, searched, and nothing was found on us.
Cross-examined. I have been five weeks in custody. I asked for bail but I did not get it; I do not know why; I have never been charged before. I have been working for Bury, a Government contractor, as carman on and off for four years. We met Catchpole at the door of the public-house; he was there when we left. I did not say anything about Catchpole being there before the magistrate—I did not think it necessary. I never said to the police, "We had a bit of a game with the old boy and this dog. I have not got his watch."
Verdict (both), Not guilty.
Mr. F. Hinde prosecuted.
HERMAN PETZING , 15, St. Helen's Gardens, Notting Hill, motor cab driver, No. 497. On July 11, 1907, at 1.45 a.m., I was in Duncannon Street, Trafalgar Square, when I picked up the prisoner, Metcalfe, Pyle, Dowling, and another man, none of whom I then knew. Prisoner got on the box and the other four inside. I have not seen prisoner since until April 21, 1909, when I identified him at Clerkenwell Police Court. I was directed to drive to Euston and afterwards round several turnings to Pettit's cab-yard in Drummond Crescent. The men went down the yard and sent a man out to tell me to go for my fare. Just as I got to the bottom of the yard I had a heavy blow across the jaws, knocking me down, was dragged into a stable, kicked about the body and legs, and £3 7s. taken from my trousers pocket. Prisoner and Dowling and Metcalfe (who have been convicted and sent to six months' hard labour) were amongst those who attacked me. I was much injured, and unable to work for ten days.
Cross-examined. I first stopped at a coffee-stall in Seymour Street Prisoner got down, and they all had some refreshments, and got into the cab, prisoner again on the box. Prisoner did not leave; I did not drive after him and ask him to get up; he did not refuse to go away.
JOHN BRADWELL , 211A, Gray's Inn Road. In July, 1907, I was working at Pettit's Yard as cab-washer. Pettit is a carman and contractor. On the early morning of July 11, 1907, I saw prisoner leaving the yard with Metcalfe. I was tried at this court for the assault on the prosecutor and acquitted. Prosecutor had identified me as the sixth man who had attacked him. I had known prisoner for a long time, and am quite sure he left the yard that morning with Metcalfe.
Cross-examined. Prisoner was not standing at the corner—he left the yard with Metcalfe. (To the Recorder.) I was at work in the yard when the assault occurred, but saw nothing of it.
Detective-sergeant CHARLES GOODCHILD , Y Division. On April 21, 1909, at 10.15 a.m., I saw prisoner at Clerkenwell Police Court in custody on the charge he has just been acquitted of. I told him he would be put up for identification for being concerned with five others
in assaulting Herman Petzing on July 11, 1907, and stealing from his person about £3 at Pettit's cab-yard, Somera Town. After he had been identified by Petzing and Bradwell, I told him he would be charged. He said, "Why have not you arrested me before?"I said, "Because you absconded, and I could not find you."
Cross-examined. Prisoner was well known to the police, but was not arrested because after the assault he absconded. Pettit has told me he was not working for him afterwards.
(Thursday, May 20.)
HERMAN PETZING , recalled. (To the Recorder.) Prisoner sat on the box with me. We stopped at the coffee-stall about seven or eight minutes; all had coffee; Itter then brought me a cup. Prisoner then got on the box by my side and drove with me to the yard. I was in prisoner's company altogether about half hour. (To the Prisoner.) After I was assaulted I got to the top of the yard, came across a policeman in Paneras Street, and went to the station with him. We came back to the yard with the inspector and several police officers and then went home.
WILLIAM JOHN NOTTAGE (prisoner, on oath). On July 11, 1907, about 9.30 or 10 p.m., I had finished my work, and was going towards home when I met Pyle, Metcalfe, and Bert Itter. We had several drinks, and we eventually found ourselves in Holborn, where we met Bowling; we stopped in a public-house till 12.30 p.m., and the others walked with me to St. Martin's Lane, where I found the last bus for Fulham had gone. Someone suggested a taxicab to go to Euston—having lost my last bus I decided to return and sleep in the yard. We got into prisoner's cab, and I got inside with three others. Bert Itter rode on the box. We stopped at a coffee-stall and had several drinks of coffee. An argument arose; I did not want to be mixed up in it and walked away. The cab followed, and the prosecutor asked me to get in. I said, "No, I am not going to get in any more; they do not want me." They then drove away. I afterwards arrived at the yard and saw several people standing at the top of the yard, and I was talking to Metcalfe—that is when Bradwell saw me. Prosecutor had gone then, and I never saw him again till April 21, 1909. I took no part in the robbery. I slept in the yard that night in a cab. On July 11, 1907, I was horsekeeper to Pettit. I continued to occupy that position till Christmas Eve, 1908. I heard of the trial of the other men in 1907. I continued to live at 31, Denver Street, Fulham, till December 23, 1906, when I was married, and then removed to 13, Bayham Street, Camden Town, where I have lived up to my arrest.
Cross-examined. The coffee-stall is opposite Pettit's yard, 50 yards off. I thought the other men were going to pay off the cabman there, and I left them because I did not want to be in their
company. I walked through Clarendon Square and round Somers Town to get away from them. I was about 25 minutes in the cab. I saw nothing more of the prosecutor. I heard nothing of the assault that night; I did not see Brad well. I heard about it the next morning. I did not go to the police because I was not implicated in it. I never heard the police were inquiring for me, or I would have given myself up. I was then working for Pettit three or four days a week, and have done so up to Christmas, I had never seen Sergeant Goodchild until I was charged.
ROBERT JOHN PETTIT , 400, Caledonian Road, jobmaster. In July, 1907, I had a yard at 26, Lancing Street, Somers Town, where prisoner was employed as night man. I had another yard in July, 1907, in Drummond Crescent, where this robbery occurred. I heard of the occurrence from my night man, Bradwell, who was charged and acquitted. (To the Prisoner.) You worked for me at the time. (To the Recorder.) Prisoner did not work for me as night man after the robbery; he might have done a day's work afterwards; he was not regularly in my employ three or four days a week up to December 23, 1906. Since last July my son has had charge. Prisoner may have done a day's work here and there. I should not like to be exact as to date. If a man does not turn up we employ an odd man, who gets 6d. extra; that would not go through our books. I could not say I have seen the prisoner at work. The police, I believe, came to me and asked me to inform them if Nottage came back to work. If I had seen 'him in the yard I should have told them.
ROBERT BENJAMIN PETTIT . In July, 1907, I was assistant to my father, the last witness. In July, 1907, prisoner was working at 26, Lancing Street, as night man, working regularly five or six nights a week. He used to come on at 10 p.m., wash the cabs, take the money from the men, account to the clerk in the morning for it, and leave at 10 or 11 a.m. The robbery on' July 11, 1907, was reported to me the next morning. The other men were convicted in September, 1907. Prisoner left a day or two after the occurrence without notice. He has not been in our regular employ since.
Cross-examined. I have seen prisoner about the yard once or twice since, but I have never noticed him at work; he would be an odd man paid by the horsekeeper and not under my control. In July, 1907,-prisoner (may have been employed on day work, leaving at 9 p.m.
Sentence, Five months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, May 19.)
SCHILCHER, John Meinrad (33, baker) , robbery with violence upon Lydia Smith, and stealing from her person the sum of 5s. or thereabouts; maliciously causing grievous bodily harm to the said Lydia Smith. The Grand Jury ignored the bill concerning the robbery with violence.
Mr. Turrell prosecuted; Mr. St. John McDonald appeared for prisoner towards the end of the case.
Police-constable FRANCIS EDWARDS , 362 F. At 4 a.m. on April 4 I was on duty in Holland Walk, Kensington. A woman's screams attracted my attention. I hastened to the spot the screams came from, and found the woman, Lydia Smith, lying by the side of the railings in a dark place. I saw prisoner running away, and shouted to Constable 420 to stop him, which he did. We brought him back to the woman, who in his presence said, "He knocked me down with his fist and kicked me. "Prisoner said, "I went to her assistance" From the time prisoner left the woman until the time he was caught I did not lose sight of him; there was no one else in the Walk.
Police-cons table GEORGE SOUTH , 420 F. At 4 a.m. on April 4 I was in Kensington Road. I saw prisoner running down Holland Walk in the direction of High Street. Hearing shouts I stopped him. He said, "I am just going home. I have been to Piccadilly, and have been sitting down on tine seat till I was cold. I aim only running to get warm." Prisoner was taken to where the woman was lying. She said he had assaulted her, and prisoner replied, "I went to her assistance. "There was blood on his hands, to which I drew his attention. He again said, "I went to her assistance." I took him into custody, and he was charged with inflicting grievous bodily harm. In answer to the charge he said, "I saw the woman lying there and went to her assistance."
Police-constable ALBERT MANNING , 90 F. On the morning of April 4 I passed through Holland Walk at 2.30, and again at 3.15. I saw absolutely nobody. I entered the Walk again at 4.10, and saw prisoner in the custody of Constables Edwards and South. I also saw prosecutrix, who was clinging to the railings. She seemed to be sober, but was very much injured; she was very dazed, and blood was flowing from her face. I remained with her while prisoner was conveyed to the station. The officers returned with the police ambulance, in which she was conveyed to the station, where she was seen by the divisional surgeon, who ordered her removal to the Kensington Infirmary.
In the absence of the divisional surgeon the Common Serjeant directed that evidence should be taken from Constables South and Edwards as to the woman's condition.
Police-constable SOUTH stated that prosecutrix's face was very much swollen and her body was swollen and bleeding. Apparently she had been kicked. She could not walk and her clothes were torn from her. The wounds did not appear to have been inflicted with a knife.
Police-constable EDWARDS also stated that prosecutrix was very much swollen about the face and mouth and she could not walk.
Police-constable HAROLD MACEY , 315 F. On April 4, at a quarter to 4 a.m., I was on duty in Kensington High Street, and saw prisoner and prosecutrix standing talking together outside the "Star and Garter" at the junction of Earl's Court Road and Kensington Road. They went in the direction of Holland Walk. There was no one else about.
LYDIA SMITH , 43, Sirdar Road, Kensington. On the morning of April 4 I said good-bye to a friend at the corner of Earl's Court Road and crossed over to Holland Walk. As I was crossing the road from the "Star and Garter" prisoner caught hold of me round the arm. I said: "Do not catch hold of me, sir, I am going home." He continued to walk with mo to the second tree, when he hit me shocking with his hand, and I said. "Oh! good God," and fell down. I got up and he hit me again and knocked one senseless. He then stuffed a handkerchief in my mouth and kicked me in the ribs. After that he held on to the railings and danced on my chest. He also knocked out two of my teeth. He tore all the clothes off me. My purse fell to the ground and he picked it up and took out 5s., which be put into one of his pockets. I did not know the man; I had never seen him before in my life.
To Prisoner. It was a quarter to one when I left my friend at the corner of Earl's Court Road. It is not true that I had been knocked down and that you came to help me.
EVA JOYCE . I live at 39, Phillimore Gardens. I remember the early morning of April 4. I heard screams about 10 minutes to two. The back windows of my room look straight into Holland Walk. I looked out and could just make out a woman on the other side of a tree. I saw a man running towards Kensington High Street. I am not able to identify anybody I saw. I thought I saw a man with light trousers standing by the tree, but that was when the police were there at four o'clock in the morning. The screams continued at intervals from two o'clock until four o'clock. I could not give exactly the time when I saw a man running away. I got out of bed four times; I could not rest. It was before three o'clock I saw the man running away, a long time after I first heard screams. When I looked out at four o'clock I saw lights and knew it was the police.
To Prisoner. I did not notice whether the man who ran away wore light trousers. I did not notice anything beyond the bare fact of his running away. When I saw the police there in the early morning there was someone standing by the tree who I thought had light trousers on.
Police-sergeant JAMES HOBBS , 25 F. On the morning of April 4 I was in charge of Kensington Police Station. I remember prisoner being brought in; also the woman. Her face was absolutely battered beyond recognition, and she could hardly talk. She was nearly naked; she had on one boot and one stocking, and just a piece of shirt across the shoulders. One of the policemen put his coat round her to cover her. A doctor was sent for. I searched prisoner and found on him this stiletto in a sheath. I took it from
him. He said, "That has nothing to do with it." She made no complaint about having been robbed.
Cross-examined by Mr. McDonald (who had just been instructed on behalf of prisoner). Prosecutrix smelt of drink but she was in such a state it was impossible to tell whether she 'had been sober or not. Prisoner was wearing black trousers. He had on him £1 5s. 5d., including 10s. in gold, two half-crowns, four florins, and a sixpence.
JOHN MEINRAD SCHILCHER (prisoner, on oath). I am a Bavarian, and have been in England 9 1/2 years. I am a baker, and at the time of this occurrence I had been in the employ of Messrs. Lyons, the caterers, for about 14 months. Before that I was 10 months with Mr. Wihitesell, and before that three years with the Cake and Biscuit Company of Clapton. On the night in question I had been to a sapper party. Before that I had something near 30s. in my pocket. I went into the "Windsor Castle," near Victoria Station, and changed a sovereign, and received in change a half-sovereign, two half-crowns, and other silver and copper. I caused inquiries to be made through the police as to whether or not that was the fact. I understand the police were told' that there had been a lot of changes amongst the ¡barmaids, and no one could remember by whom the change. was given. At the supper and concert I spent about 3s. in drink. After that I went up to Piccadilly to see someone but could not find him. From there I went as far as the Hippodrome, and from there I went up Tottenham Court Road. As I could not then get home by Tube or 'bus I walked to Notting Hill Gate, sat down by a tree in the Walk and fell asleep. When I woke up I walked further along, and when within about 300 yards of High Street, Kensington, I thought I heard some sounds. Looking round I saw a woman lying there. I could not tell whether she was unconscious or asleep, so I went over to her and shook her, seeing that she was in a poor state, her clothes being torn. She opened her eyes, and I asked her what she was doing there, end if anybody had done something to her. Then I took her by the arms and pulled her up. While I was pulling her up she seemed to say she had some pain at her back. She dug her finger nails in my hand making it bleed, and I suppose from the pain started screaming "Murder" and "Police 1" After a time I lifted her right up, and she then scratched my face, so I left her alone, and seeing a policeman I said to him, "There is a woman there who wants to be looked after." I stopped for a moment while the policeman walked towards the woman, and then walked away, as I thought she would be all right now she had got help. I then ran a bit because I felt cold from sitting by the tree. The constable at the gate came and asked me what was the matter, and I told him there was a woman up there. He said all right, he would walk up there. I went with him, and when we got to the woman she turned round and said, "That is the man who
done it. "To that I replied," I went to her assistance. "I had nothing to do with the woman beyond assisting her. It was my own money that was found on me that I earned at Lyons'.
Cross-examined. I do not know the "Star and Garter" at the corner of Earl's Court Road. I did not see the woman there; the constable is mistaken in saying that when I went to her assistance there was no one there besides myself. Her clothes were torn. I only went away when I saw the woman was being looked after by the police. Seeing the policeman standing down at the gate I ran to tell him about it. I ran also because I felt cold. I swear that I spoke to the police constable before I ran away. I did not hear the policeman I first saw call out "Stop." I swear that I spoke to Constable Edwards before I was stopped by Constable South and brought back.
Detective-sergeant THOMAS SUDBURY , P Division, stated that prisoner wrote from prison asking that inquiries should be made at the "Windsor Castle" as to his having changed a sovereign at that public-house on the night in question. Twelve barmaids are employed at the house, several of whom have since left. Inquiries also confirmed prisoner's story as to the supper and his employment by the Messrs. Lyons. Prisoner had a good character at all the places where he had been employed, and occupied a furnished room at 2s. a week at Springvale Terrace, West Kensington.
Verdict, Not guilty.
Mr. Sands prosecuted.
WILLIAM KEMP DUTT , Malva Road, Wandsworth. I keep a grocer's shop with an off-license. I recognise prisoner Long. I think I first saw him on the 13th of last month, between five and six in the evening. He came in for a loaf and a pennyworth of cheese, costing threepence. I put them on the counter for him, and he tendered in payment what appeared to be a two-shilling piece. When I took the piece up I could see what it was, and said to him, "We do not deal in 'duds' here," meaning that the coin was a bad one. The coin, had been tested previously, because it was bent round the edges as if it had been put into some machine. Prisoner said he had got it off me. I said, "No, you are wrong, old man," and I made the same remark as before that we did not deal in "duds." He picked it up, and after some hesitation walked out. From my place he went straight into. Davis's dairy. I watched him from my, shop door, from which I can look into the dairy.
To the Court. I can swear he is the man that came to me that afternoon. I think it was about a fortnight afterwards I saw him at the police court.
about 20 minutes past five on April 13, as near as I can remember. He asked me for an egg, and I gave him an egg, the price of which is one penny, and he tendered a counterfeit florin in payment. I knew immediately it was bad; it was so light. I said to him, "Where did you get this from?" In reply he mumbled something I did not understand. I returned him the coin and asked for the egg back. I followed him to the door. He went in the direction of the "Two Brewers" at the corner of St. Ann's Hill. I saw the other prisoner at the opposite corner of the road. As prisoner Long left the shop I saw my brother pass, and pointed out the two men to him. Prisoner Bennett said at the time mentioned he was outside the "Crane," Wandsworth, where he used to wait for work.
SAMUEL GARFITT DAVIS , proprietor of the dairy. On April 13 my sister pointed out the two prisoners to me and I followed them down the road. Long went into the "Two Brewers" and Bennett waited at the opposite corner. After Long had been in there two or three seconds Bennett crossed over to the public-house and pushed the door open. Long shortly afterwards emerged from the public-house and held out his hand to him, as if in the act of giving him change. I did not see anything pass between them. The two men then walked down the High Street, where they separated. Seeing a detective, I told him about Long trying to pass bad money. Long was then taken into custody, but Bennett was lost sight of among a number of people. On April 21 I was taken to Wandsworth Police Station, where I identified Bennett.
To prisoner Long. I did not see the coin. My sister told me you had tried to pass a bad coin on her.
To prisoner Bennett. I do not know the "Crane."
ARTHUR MEASURES , barman at the "Two Brewers. "On April 13 prisoner Long came in about half-past five and asked for a glass of ale, costing one penny, in payment of which he offered me a counterfeit two-shilling piece. I bent it between my fingers,. and as I was bending it he snatched it out of my hand, and prisoner Bennett opened the door to let him go through. Mr. Davis came in directly afterwards. I was taken to Wandsworth Police Station on April 21, where I identified prisoner Bennett as the man who had opened the door.
To prisoner Bennett. I do net know either the "Crane" or the "King's Arms." I have only been there a short time.
Detective THOMAS CROMPTON , V Division. In consequence of a communication made to me on April 13 by Mr. Davis I took Long into custody. I had previously seen Long in company with prisoner Bennett. I told Long I should take him into custody for knowingly uttering a counterfeit florin. He said, "You are late; there he goes; he has got it," pointing to prisoner Bennett, who was running along York Road. I did not know Bennett at the time, but eight days later I identified him as the man who was running away.
with Thomas Long, in custody, for (knowingly uttering a counterfeit florin at the "Two Brewers" public-house, and he would be taken to Wandsworth Police Station and put up for identification. He said, "I know nothing about it." At the station he said, "It is hard lines bringing a hard-working man on this charge. Placed with eight other men he was identified by Detective Crompton, Samuel Davis, and Arthur Measures.
Recalled at the request of prisoner Bennett, witness said he had known Bennett for about four years, and had never known him do anything wrong before this. He was a man who would get up in the morning and endeavour to get work, and as far as witness knew supported himself by honest work.
Prisoner Bennett said he had never been in prison in his life, and had been through the South African War.
Prisoner Long stated that he had lived in the same town for over 30 years, and the detectives had known him for 20 years.
Detective LORING said he had known Long for four years as a buyer of rags and bones and old iron, but had never known him do any regular work.
Prisoner Long also stated that he had had 13 years' service with the colours.
Detective-sergeant JOHN GILLAN said he had known Long for about 10 years, since he left the army, at first living in a lodging-house at Wandsworth; he afterwards went to live in Kingston. Drawing about 6d. a day reserve pay, the made up his living by collecting rags and bones. For several years he kept aloof from evil companions, but during the last four or five years he had been associating with bad characters, usually hanging about public-houses.
Verdict: Both prisoners Guilty, with a recommendation of Bennett to mercy on account of his previous good character.
Sentences: Long, Three months' hard labour; Bennett, Two months' hard labour.
FELGATE, Eric Lloyd Desborough (20, clerk), and FELGATE, Douglas (49, agent); both conspiring and agreeing together to obtain by false pretences from John Gavlich an agreement for a house known as and being No. 278, King's Road, Chelsea, and divers moneys, with intent to defraud; both stealing one letter containing one cheque for £5 5s., the goods of Georgiana Barbara Abdy; both forging and uttering the endorsement on a cheque for £5 5s., with intent to defraud.
Eric Felgate pleaded guilty of the charge of conspiracy, and Douglas Felgate of the charges of stealing and forgery. Eric Felgate is the nephew of the elder prisoner.
The house in the King's Road was obtained on references in the handwriting of Douglas Felgate at an address where he himself lived, and an agreement was entered into for three years at £60 per annum, which prisoners were not in a position to pay. Up till December 11 last the house was the headquarters of the Chelsea branch of the Charity Organisation Society, and the stolen letter and cheque were
sent by Mr. Rawlinson, K. C., M. P., to Mitt Abdy, the secretary. The younger prisoner was stated to have borne a good character until he got into the hands of his uncle. Detective-sergeant Francis Hall stated that the elder prisoner had been convicted of keeping a disorderly house in the neighbourhood of Edgware Road, and also of cheque frauds.
Sentence: Douglas Felgate, 18 months' imprisonment; Eric Felgate was bound over, with his brother-in-law, Mr. F. J. Middleton, photographer, of Mortlake, as surety, to come up for judgment if called upon.
PRITCHARD, William (24, polisher), and ST. CLAIR, Edward (19, polisher), both pleaded guilty of breaking and entering the dwelling-house of William Forgan and stealing therein six spoons and other articles, his goods, and one case containing fish knives and forks and the sum of 4s. in money, the goods and moneys of William Parfiement. St. Clair pleaded not guilty to a further indictment for feloniously wounding and causing grievous bodily harm to Joseph William Griffin, with intent to resist his lawful apprehension, stating that the injury to Griffin was a pure accident.
The Common Serjeant observed, with regard to the second charge against St. Clair, that if there was really serious and deliberate violence used in breaking into the house the prisoner St. Clair ought to be tried for that.
Mr. Horace Fenton, prosecuting, said he was content to accept the plea of guilty. This was all part and parcel of the same transaction. Griffin was not a policeman, but a private individual.
Sentence, Each prisoner, four months' imprisonment.
WILLIAMS, Edward, otherwise Johnson, otherwise Parker (29, clerk), pleaded guilty of stealing one watch the goods of Annie Wade, one watch and the sum of £1 the goods and moneys of Elizabeth Wade, and one Post Office Savings Bank book the goods of William Frederick Wade; stealing three gold pendants and other articles, the goods of Eliza Alice Wister; stealing one pair of diamond earrings, four rings, one brooch, and other articles, the goods of Emily Goldstein in a dwelling-house; stealing one watch, one chain, and other articles, the goods of Gertrude Glen in a dwelling-house. Prisoner also confessed to a previous conviction at Chelmsford in January, 1906. It was stated that since prisoner's liberation in 1906 he had 1907. been actively engaged in committing larcenies from dwelling-houses throughout the metropolitan area, and. he had been identified in as many as 54 cases, involving jewellery and goods of the value of £500. He was regarded by Scotland Yard as one of the most dangerous criminals of this class.
Sentence, Four years' penal servitude.
BEFORE JUDGE RENTOUL.
(Wednesday, May 19.)
He was released on his own. recognisances in the sum of £5 to come up for judgment if called upon.
Mr. Stebbings prosecuted; Mr. George Elliott defended.
Cross-examined. I made various inquiries into the antecedents of the defendant. I find that prisoner and his wife lived together in Yorkshire from 1885 to 1895. I have learned that his wife was a woman addicted to drink and of loose character. In 1895 he went to Colne to look for work, and on his return found that his home had been broken up by the wife and sold. He came to London in 1896, and there in the name of Neville, his original name having been Lines, he obtained work with various firms, laundry engineers and others. In 1903 'he met the lady with whom he went through a form of marriage. At that time he had been in the employ of a firm of electrical engineers for 15 years. He has treated this woman very kindly and they have been very happy. After 1895 his wife became the mother of twins; she has had a number of children since he left her. I heard that it was rumoured in Burnley or the neighbourhood where she was living that she had died in her confinement of the twins. I have since learned that a woman named McKay, who knew the prisoner before he married the last lady, had been up in the neighbourhood making inquiries, the result of which she communicated to defendant. She told him his wife was dead.
ALFRED SIXMAN , 18, Woodside Place, Leeds, textile worker. I have known prisoner over 30 years. I was present at his first marriage. I signed the register. As near as I can say prisoner lived with his wife 10 years. I saw his wife alive on May 9 last in Leeds. She had lived at more than one address there.
Cross-examined. Prisoner worked in the same firm as myself. He was a thoroughly respectable man. Since 1885, as far as I know, he has not been back to the district and never seen his wife. I pass her place every day of my life.
The Jury were of opinion that prisoner was under the impression that his wife was dead, and were directed by his Lordship to find a verdict of Not Guilty.
CHALFIN, Leonard, pleaded guilty of within four months before presentation of a bankruptcy petition by him on August 19, 1908, being a trader unlawfully disposing of, otherwise than in the ordinary way of trade, certain property which he had obtained on credit and had not paid for, to wit, on or about July 6, 1908, three pieces of cloth; on or about July 14, 1906, six pieces of cloth; on or about July 21, 1906, three pieces of cloth; on or about July 17, 1906, 13 pieces of cloth, in each case with intent to defraud.
Judgment postponed till next Session.
Mr. Egerton-Warburton prosecuted.
MARY LOW . I made the acquaintance of prisoner while I was in service a few doors from prisoner's shop in Mare Street, Hackney, about eight years ago; I used to go in and out and buy sweets and things. After I had known him three years he asked me if I would marry him, saying this wife died in Germany 11 years ago. We were married on May 3, 1903. I lived with him up to October last. He used to illtreat and abuse me, so I got my mother to make inquiries about this first wife, and we heard she was alive three years after we got married. From three months after we were married he treated me very badly. I have no children living. It is a falsehood that the proposal to marry him came from me; and that he told me he was not sure whether his first wife was living or not, and that I said, "Oh, that does not matter, we will risk it." He represented himself as a widower. When I found out that his wife was living he said he never married her at all, he only lived with her.
Cross-examined. You told me your wife had been dead 11 years. You told me you could not produce the certificate as she died in Germany. You said everybody could get married after seven years. I said if it was 20 it would not be legal. You did not say 16 years would be legal enough for you. I did not say I did not mind as long as we were happy after we were married. Your own son was there when you said she had been dead 11 years. (To the Judge.) The son is not here.
Detective-sergeant WILLIAM SMITH , J Division. I arrested prisoner at Southend on May 8. When I read the warrant to him he said, "She knew all about it. I told her I had not seen my wife for 16 years. I kept a shop in Mare-Street, and she was a servant at the "Horse and Groom," and was popping in and out of the shop eight or nine times a day. She knew I was to receive compensation from the London County Council, and one day she told me she had heard I should get £1,000. She said, 'Why don't you get a housekeeper or get married again. How would you like me for a wife; would not I do all right?'I said, 'I do feel lonely; I do not know whether my wife is alive or dead.' She said if she did not turn out to be dead it would not be legal. We got married six years ago; yesterday was the anniversary of our wedding. I have not seen my wife since young Bert was three years old. I want you to read this
postcard. She had a child two years after I left her. "When charged he said, "I do not know anything about it. "I understood that to refer to the latter part of the charge, "the wife being then and now alive."
ELIZA DOUBLE , recalled. I do not know whether the first wife was alive in 1903. I have not seen her for 22 years. I did not know she was alive till the case came on. When my brother married again his son tried to find his mother but could not.
Judge Rentoul pointed out that there was an absence of proof that the prisoner knew that his wife was alive, and although the wife was in Court at that moment she could not be called. The Jury must say he was not guilty.
Verdict, Not guilty.
Mr. Egerton-Warburton, for the prosecution, said in view of the verdict in the previous case he would offer no evidence against the defendant. He had no evidence to show that she knew her husband was alive when she married a second time.
Verdict, Not guilty.
Verdict, Not guilty.
BEFORE MR. JUSTICE DARLING.
(Thursday, May 20.)
Verdict, Guilty of manslaughter.
Sentence, 10 years' penal servitude.
BEFORE THE RECORDER.
Thursday, May 20.)
DEALTRY, Charles Kulliven, and JENKINS, William Raynor ; conspiring and agreeing together to defraud Maurice Blood; both making false entries in and omitting to make entries in certain books and papers, to wit, the clients' ledgers and difference sheets, the goods of Maurice Blood, their master, with intent to defraud.
Mr. George Elliott and Mr. Basil Watson prosecuted; Mr. C. F. Sill, K. C., and Mr. J. G. Pease defended Dealtry; Mr. Martin O'Connor defended Jenkins.
Mr. George Elliott stated that having carefully considered this case, which related to Stock Exchange transactions and in which after process had been granted negotiations had been entered into by the prosecutor for a settlement of a civil character, he was satisfied it would be impossible to ask a jury to convict.
Verdict, Not guilty.
MARSHALL, Daisy (24, no occupation), STEADMAN, Bessie (24, no occupation) ; both stealing one belt and other articles, the goods of Alice Collins; Marshall stealing one purse and the sum of 16s., the goods and moneys of Violet Maud Weston. Mr. H. Samuel prosecuted. Marshall pleaded guilty.
ALICE COLLINS . I live at 15, Rochester Square, a boarding-house, kept by my mother. On April 25, 1909, Marshall (in the name of Mrs. Ford) and Steadman (in the name of Mrs. Maxwell) came and engaged two bedrooms and a sitting-room for a week, stating they had come from Bristol and their luggage was to follow. I had no reference. They remained two days, when they left without notice and without payment. My trunk was unlocked in an ante-room. I missed from it a belt, 50 seed pearls, a dress, card-case, three curtains, four silver coins. When they had left I found the trunk empty and the rest of its contents scattered about the floor and under the bed in Marshall's bedroom.
Detective-sergeant FREDERICK BUTTERS . On May 5 I arrested Marshall at Hornsey Road. On May 6 I saw Steadman at Cardiff Town Hall, told her I was a police officer and should take her back to London for stealing articles from 15, Rochester Square, on April 27. She said, "I suppose I am as bad as Daisy. Although I did not take them out of the trunk, I carried the lace curtains out of the house pinned under my frock to Euston Station, where Daisy took them off and pawned them, I think, for 2s. 6d. She took away the frock and other articles." I brought her to London, she was charged and made no reply. I found belt and card-case produced at Marshall's lodgings, 13, Duncan Terrace.
BESSIE STEADMAN (prisoner, not on oath) said that on the Sunday, April 25, she was unwell and Marshall had taken her to her bedroom to sleep, that she woke up and found all the things about the room; that Marshall had given her the curtains to carry, and had pinned them under her skirt, she intending being so ill to go to a hospital.
Marshall was proved to have had nine convictions, including on February 9, 1904, two sentences of 20 months for larceny from railway stations, and at North London in 1907 18 months for stealing a watch chain and other property; known to the police since July 27, 1899. Prisoner said that she had never had a chance.
Sentence, Six months' hard labour.
Steadman was stated to have been in respectable employment, and was released on own recognisances in £10 to come up for judgment if called upon.
COENAES, Eugene (32, commercial agent) ; having in his possession, without lawful excuse, certain goods, to wit, eight pieces of lace value £100, stolen outside the United Kingdom, well knowing it to have been feloniously stolen.
Mr. J.H. Stanger prosecuted.
Inspector JOHN LAWRENCE , New Scotland Yard. On March 29, 1909, about four p.m., I was with Sergeant Biggs in Bond Street, when I saw prisoner leave a lace shop, No. 11, Old Bond Street, carrying a small parcel, with another man (Ryndfelt). I followed them to Piccadilly, where I stopped them, and said to prisoner, We are police officers. We have reason to believe you are in possession of a quantity of valuable lace which has been stolen outside the United Kingdom." Prisoner said. "Is it really stolen?" I took the parcel, which contained eight pieces of lace, two corresponding in design to the description received from the Italian authority of lace alleged to have been stolen. I took both men to the station. On the way prisoner said, "I bought the lace from Mr. Franco, of Le Valois Pene, Paris."—I understand that is a district in Paris. "He came to where I was living to 2, Rue Francais, and showed me some lace which he said the had for sale." When charged he said, "I did not know the lace was stolen. I know I did not steal it."
Cross-examined. Prisoner may have said he got it from his brother. He told the magistrate he got the lace from his brother Felix. Ryndfelt was discharged, inquiries made by the police being satisfactory.
RICHARD JAMES TUSHINGHAM WOODVILLE , secretary to Melville and Ziffer, Venice, lace manufacturers. I identify eight pieces of lace produced as part of a quantity of lace stolen from my firm. (To the Judge.) We sell an enormous quantity of lace made in Venice, which is sent all over the world. One of the pieces is a design of which none has been sold; lace similar to other pieces had been sold. (To Mr. Stanger.) On December 12, 1908, pieces similar to those produced were made up in a parcel to be taken to an hotel in Venice, to be shown to a supposed customer. A man who purported to be a Brazilian asked to be shown Borano laces and that specimens should be sent to the hotel. I cannot identify the prisoner. We subsequently recovered a portion; the supposed customer went away with the rest, of the value of £300 or £400. Exhibit 2 is worth about £14; No. 3 about £100; No. 1, £76; they are marked of that value in francs, in plain figures. I identify the pieces produced as corresponding to the list of those sent to the hotel. (To the Judge.) We have sent similar pieces to different parts of the world, but the pieces shown to me all correspond with pieces sent to the hotel.
of lace, Exhibit 2, for 10s. He asked for 10s.; we asked him if he would care to have more, and he said that was all he wanted; the manager valued it at £5 to lend on.
DANIEL RYNDFELT , 47, Bolton Road, Shepherd's Bush, musician. I am a Dutchman. On Sunday, March 28, prisoner showed me lace, and asked if I knew somebody who would buy it—if I would show him some shops where he could sell the lace. I know prisoner's brother, who lives in Paris. Prisoner is a Dutchman. I have received from prisoner's brother receipt produced for 1,750 francs paid for lace. On March 29 I took prisoner to Bond Street, was arrested with him, and was discharged by the magistrate.
EUGENE COENAES (prisoner, not on oath). The charge of unlawful possession is untrue, because the lace was bought and paid for by my brother in Paris, and he had a receipt from the vendor. The chief of the police at Paris has been to my brother's office. I was not in possession of the lace beyond that I was carrying it for my brother. Mr. Woodville has said that the lace was entrusted to someone who ran away with it; that is not stealing in French law. My brother has four other pieces, and it is for Woodville to establish his right to it in Paris in a civil court.
The Recorder suggested that there was not sufficient evidence, although this was a very proper case for inquiry, and the Jury returned a verdict of Not guilty.
JOHNSON, Thomas (37, porter), HILLIER, Edward (27, painter), TURNER, Arthur, and STAUNTON, Rose ; all stealing one postal money Order of the value of £2, the goods of Arthur George Dixon; all receiving the said postal money order well knowing it to have been stolen; all forging and uttering knowing same to be forged a certain order for the payment of money, to wit, one postal money order for the payment of £2, with intent to defraud.
Mr. Sydney Davey and Mr. G. Tolly-Christie prosecuted.
WILLIAM ARTHUR CLIBBORN , clerk to Aldridges, 2, Upper St. Martin's Lane. On April 15, 1909, I obtained Post Office Order for £2 produced, payable to A. G. Dixon, which was posted to A. G. Dixon, Repository, 34, Harrow Road, at 4 p.m., there being enclosed with the order, paper produced: "Aldridges; William and Stewart Freeman," showing the name in which the order was sent. The envelope bore the name of my firm.
HENRY JOHN DIXON , clerk to and nephew of A. G. Dixon, furniture remover, 34, Harrow Road. On April 15 I left the office at about 6.15 p.m. My cousin, Herbert Dixon, dealt with the letters which had arrived. The next morning I arrived at 9.10 a.m., opened the letter-box, and found a quantity of sticky substance in the box. I took the letters out—there was no letter from Aldridges. The letterbox is accessible from the street, and is opened from the inside.
HERBERT JOHN DIXON , clerk to A. G. Dixon. On April 15 I left the office at about 6 p.m., after examining "the letters which had arrived. Among them was one from Aldridges to my father, A. G. Dixon, which I put back, unopened, into the letter-box, knowing it to
be a private letter for him from Aldridges with regard to some harness my father had sold. I had telephoned Aldridges that morning, and they informed me the harness had fetched £2.
Police-constable ROBERT DUNN , 265 F. On the night of April 15-16 I was on duty in Praed Street. Between 1 and 2 a.m. I saw Johnson and Hillier (whom I knew by sight) with a third man, walking towards Edgware Road, about 400 yards from 34, Harrow Road. They went across Cambridge Place.
Cross-examined by Johnson. Before the magistrate I swore to all three men, including Turner; I altered that afterwards. I took particular notice of Johnson.
JAMES WILLIAM HUTCHINS , postmaster, 2, Caird Street, Queen's Park. On April 16, at 4.30 p.m., Hillier presented P. O. order for £2 (produced) to my assistant, together with paper containing the name of the sender, "William and Stewart Freeman" (produced). I had received information, and I went round the counter, detained Hillier, and handed him to police officers, who were waiting outside the shop.
Police-constable LAWRENCE PEEK , 426 F. On April 16, from two to 4.30 p.m., I was in Caird Street At about four p.m. I saw the four prisoners come down the street together; the woman crossed the road; Johnson and Turner left Hillier, who went into the post office. Two minutes afterwards I assisted the last witness to detain Hillier.
Cross-examined. Turner was there. Inspector WILLIAM STOCK , X Division. On April 16, at 4.30 p.m., I saw the four prisoners in Caird Street, about 100 yards from the post office. They came up Third Avenue to the corner of Caird Street, where they stood in deep conversation. Turner then left the other three, walked to the corner of Second Avenue, and beckoned to the others, who came on towards the post office; the woman went to the other side of the road. I afterwards saw Johnson and Turner struggling with two officers. I arrested Staunton. I told her I should arrest her on suspicion of being concerned with the other men; she made no reply. I arrested Turner in First Avenue, about 80 yards from the post office.
Cross-examined by Turner. I am quite sure you were with the others. I have known you by sight for some time. You were taken into custody within a minute; not four minutes elapsed from the time I first saw you until the arrest. I am sure you were the man I saw beckoning to the others.
(Friday, May 21.)
Detective JOSEPH FENN . On April 16, about 4.30 p.m., I was in Mozart Street, when I saw three men standing outside the Caird Street Post Office looking at a piece of paper. Hillier left the other two and went into the post office. I saw the arm of a uniformed police officer waved from the door of the post office. I rushed up. Johnson struck at the officer who had Hillier in custody—I do not think he hit him. I held Hillier, and the other officer arrested Johnson.
Hillier was violent for a little while, and, on being obliged to go quietly, he said, "Well, you seem to know something; I will go with you." The third man was some distance from me; I cannot swear at all that he was Turner. Stock arrested. Turner within my view on the other side of the road; I had not seen him previously; I did not see him do anything.
Cross-examined. Johnson struck at the constable with the intention of rescuing Hillier.
Sergeant ARTHUR ALLEN , P Division. On April 16 the four prisoners were brought into Harrow Road Police Station. I showed them P.O.O. produced, and told them they would be charged with stealing and receiving the money order from, a letter box that morning. Johnson said, "You can do as you like." Hillier said, "I picked it up; I know nothing about it." Turner made no reply. Staunton gave her name as Murray. She said, "I went with the others to get a drink out of it." I then conveyed the four prisoners to Paddington Green Police Station, where they were charged. Johnson, Hillier, and Staunton made no reply; Turner said, "I know nothing about the case; I was not with the others."
Cross-examined. I did not ask Turner, showing him the order, Is this your writing?" and on his saying "No." I did not ask him, "Whose is it—Hilliers?" and he did not say, "I do not know—it is not mine." Staunton said what I have stated.
THOMAS JOHNSON (prisoner, on oath). I never saw the P.O.O. until about 12.30 on the day of my arrest. I was at the corner of Chapel Street, Islington, waiting for Staunton, who lives with me, when Hillier met me and took this order in an envelope out of his pocket, said he had picked it up near Covent Garden Market, and asked me did I understand anything about it. I told him I did not. Staunton then came up and we went into a public-house. She went to get some marketings. We remained talking about the order and Hillier decided to go to the post office with it. He asked me to go with ham. Staunton returned and agreed to go with us. We got to Caird Street about four p.m. when it came on to rain; we went into a public-house, left Staunton there, and I and Hillier went to inquire where the post office was. Hillier then took it in. Turner knows nothing whatever about it. He was never in our company, and is an utter stranger to us.
Cross-examined. I was not with Hillier in Praed Street between two and three a.m. that morning. When I saw the order the name of "A. G. Dixon" was on it, just as it is now. Hillier said, "I will go to the post office and see what they say;" Hillier dad not agree to give me a part of it, but I daresay I should have had something out of it if he had changed it or got a reward for finding it. I know Aldridges. I saw the name of Aldridge on it, and I said to Hillier, "I bet you that is where it belongs to."
EDWARD HILLIER (prisoner, on oath). On April 15, between four and five p.m., I met Johnson in Chapel Street, and afterwards went with my young woman to a music-hall at nine p.m., and after a drink at the public-house going straight home to bed. The next morning I got up between eight and nine a.m. and went to Covent Garden—I am a costermonger. Between 10 and 10.30 I picked up in Hart Street in the gutter a plain envelope containing order and printed paper produced. I cannot read much. I made my way home, and at 12 to one p.m. I saw Johnson, asked him if he knew anything about it; he said, "Not much." I asked him to have a drink; his young lady (Staunton) came up and had a drink with us; she went away and returned, and we all three went towards Harrow Road. It came on to rain; we went into a public-house, and at 4.30 we stood outside considering what to do. I said, "I will take it back to the post office." I went in and gave it to the young lady, who handed it to a gentleman, who took hold of me; in came a detective, and I was taken into custody. I had no chance of getting the money. Turner is an utter stranger to me.
Cross-examined. I was in bed between one and two a.m. on April 16. I was not in Praed Street. I cannot read much. I saw the P. O. O. said "Post Office, Harrow Road," and I told Johnson I was going to take it back there. I did not go there to cash it at all. I did not ask for payment.
ARTHUR TURNER (prisoner, on oath). I live at 192, Kensal Road. I have never seen the other prisoners 'before in my life. On April 16 I went with Archibald Brettell to look for a lodging. We saw a crowd running in the direction of the police station, and I ran in the same direction, and found the three prisoners in custody. The inspector who was holding the female prisoner handed her over to a railway servant and arrested me. I was not in Praed Street at two a.m. that morning.
Cross-examined. I had never seen the other prisoners—they were already in custody when I got up. The officers are greatly mistaken in saying that I was talking to them. I am a labourer. I went to see what was going on I have had nothing to do with this P.O.O. at all.
MARY HILLIER , wife of prisoner Hillier. On Thursday evening April 15, I went with Hillier to a music-hall. We went to a public-house and got home at 12.15. My husband was in bed about one o'clock. He got up a little after eight the next morning and went out.
THOMAS ROBERT PALMER , 181, Kensal Road. On April 16, at 4.35 p.m., I was in a public-house in Kensal Road with Locke, Brettell, and Turner. I saw Turner outside at 4.30, and asked him to have a drink. We went in, and Brettell looked at the newspaper and found an advertisement of a room. He and Turner went out together to go and look at the room. The next I heard was Brettell came and said that Turner had got locked up. I have known Turner from my schooldays.
Cross-examined. I can swear to the time. It was 4.35 when they went out; Brettell came back at 4.55.
HENRY LOCKE , carman. On April 16, at 4.30 p.m., I was in the "Jack of Newbury," Kensal Road, with Brettell and Mr. Tom Palmer, when Turner came in. I have known Turner eight years; he is a respectable man, he lives in the same street as I do, and all his people are respectable. Brettell went out with Turner to look for a room. Brettell returned at about five o'clock and said Turner had been locked up.
On the suggestion of the Recorder, the Jury found Turner Not guilty.
Verdict: Johnson and Hillier, Guilty of feloniously receiving; Staunton, Not guilty.
Eight previous convictions were proved against Johnson, including four years' penal servitude for larceny and receiving in October, 1901, convictions going back to November, 1888. A previous conviction was proved against Hillier.
Sentence: Johnson, Three years' penal servitude; Hillier, Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Thursday, May 20.)
CRESS, Henry (16, occupation and antecedents unknown), pleaded guilty of stealing a bankers' cheque, for the payment of £45, the goods of James George Heard; forging an endorsement upon an order for the payment of money, to wit, a bankers' cheque for £45, with intent to defraud, and feloniously uttering the said cheque.
Prisoner presented the cheque at the Holborn Circus branch of the London and Westminster Bank. The cashier pointed out that the cheque required endorsement; prisoner took it away and returned with it endorsed. Prisoner's statement when arrested was that he went into the office of the Art Tone Engraving Company, Limited, of which Mr. Heard is managing director, and seeing the cheque it tempted him. Detective-sergeant Mercer said that prisoner had made several statements about himself, but the police had been unable to trace anything about him at all.
On Friday, May 21, an official of the Church Army attended the Court and undertook to receive prisoner into their home at Notting Hill and find him work. He was released on his own recognisances in £5 to come up for judgment if called upon.
BARTLETT, John (32, waiter) ; indicted for forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a bankers' cheque for the payment of £4 17s., with intent to defraud; obtaining by false pretences from Herbert Alfred Hampton the several sums of 7s. and 5s., in each case with intent to defraud; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a bankers' cheque for the payment of £1 17s., with intent to defraud; obtaining by false pretences from Sarah Gooch the sum of £1 1s. 4d., with intend to defraud.
Pleaded guilty of obtaining money by false pretences.
Sentence, Three months' hard labour.
Mr. Douglas Knocker prosecuted; Mr. Purcell defended.
DAVID MESSENGER , manager of Hornby's Dairy, Limited, 48, Marchmont Street, W. C. On May 8 I was engaged in the shop. About 1.30 a man came in. In consequence of something he said I went outside. On returning to the shop I met prisoner, who was holding in his hand a brown leather bag. He said, "Come on, a glass of milk." I had my suspicions, and I looked for my cashbox, which was missing. Prisoner ran away and I ran after him. I had been using the cashbox immediately before I was called out of the shop. After running 60 yards or 70 yards I saw prisoner in front of a policeman, just by the "Cornwallis," and I said to the policeman, "I want you to lock this man up." The cashbox produced is the one stolen. It contained cheques and gold amounting to £89 6s. 9d.
Cross-examined. I had. never seen either prisoner or the other man before. The man who came into the shop said he had dropped some money down the light hole by the front door. I was outside about a minute. When I saw prisoner he was coming out of the office, which is a room at the rear of the shop. I had to pass him to go into the office. He went out as quick as he could. I saw a man in Yeomanry uniform in the crowd; he handed the bag over to me.
Re-examined. The Yeomanry officer came up with the bag after I had given prisoner in charge to a policeman.
GEORGE THOMPSON , carman. On May 8, about two o'clock, I was in Marchmont Street, and saw prisoner running away with a brown, bag, which he threw into the doorway of Mr. Norton's paper shop. The "Cornwallis" is at the corner of Marchmont Street and Coram Street. The bag was picked up by an officer of the Imperial Yeomanry and handed to Mr. Messenger.
Cross-examined. I had never seen prisoner before that day, but I am sure he is the man. He ran across the road to the "Cornwallis," where he was stopped by a policeman.
Police-constable ARNOLD DAWSON , 178 E. On May 8, about a quarter to two, I was on duty in Marchmont Street, and beard cries of "Stop thief." Looking round I saw prisoner running about 12 yards in front of another man. I stopped prisoner and asked him, "What is the matter?" He said, "You have made a mistake." Mr. Messenger then came up and said, "That is (the man who has stolen my cashbox." I told prisoner I should take him into custody. He made no reply. I took him to Hunter Street Police Station. A Yeoman afterwards came up with the bag. It was opened in my presence and contained the cashbox.
Cross-examined. Prisoner ran straight into me, and almost immediately a crowd gathered round. I did not hear prisoner deny having stolen the cashbox.
Verdict, Guilty. A conviction in September, 1904, was proved.
Detective-sergeant BUDGE stated that prisoner had a very bad record dating back to 1885, amongst his convictions being one at Brussels for stealing bank notes, and there are 12 English convictions. Sentence, Five years' penal servitude.
Mr. E. Boyd prosecuted; Mr. Purcell defended Marks; Mr. Harold Brandon, defended Myers.
WILLIAM HENRY LAKE , 170, Alexandra Road, Plymouth. I have at present no occupation. On May 11 and 12 I was staying in London, and went to Newmarket races. I made bets on both days in the 5s. ring with a 'bookmaker named Jacobs. Myers was acting as signaller for Jacobs, and Marks was assisting Jacobs as bookmaker. On May 12 I won on the last race and Jacobs paid me £20 in gold. I carry a pocket-book, and produced it in the ring on both days. Prisoner were both near me when I was paid over the last transaction. Mr. Jacobs shook hands with me and said, "Good night," and prisoners raised their hats. I was accompanied by my We and a friend named Shobrook and his wife. We four then went to Newmarket Station and came back to Liverpool Street by the train timed to arrive at 7.35 p.m., but I think it was a bit late. On getting out of the train we walked up the slope into Bishopsgate Street, then turned past the Great Eastern Hotel into Liverpool Street, and so to Broad Street, where the omnibuses stand to take up passengers. While on the way to Broad Street. I noticed that the two accused were following us, accompanied by a young man in dark clothes" and an old man apparently between 60 and 70. From Broad Street it was our intention to go to Waterloo, and my wife
and Mrs. Shobrook got on to a Waterloo 'bus. As I attempted to get on the 'bus I was prevented by the old man jumping on to the bottom step and seizing with his right-hand the rail of the staircase and with his left the rail of the 'bus. Feeling me pressing from behind he stooped as if paralysed, and the conductor helped him up. Next I was jammed against the back part of the 'bus, and felt my coat pulled so that it came open. As I got on to the 'bus Shobrook shouted to me, "Mr. Lake, have you lost your pocketbook" I immediately put my hand into my pocket and said, "Yes, George, I have." Looking round I saw prisoners and the other young man running. I recognised them as men I had seen at Newmarket on that and the previous day. Mr. Shobrook and I chased them, but lost sight of them at the corner of Liverpool Street. I immediately complained to the police, and next day went to Newmarket and identified prisoners as the men who had hustled me when my pocket-book was taken. They were arrested when they returned to Liverpool Street by detectives in waiting, and I signed the chargesheet at Bishopsgate Station.
To Mr. Purcell. I had seen Marks several times at Newmarket. Coming back the train was crowded with people who had been to the races. When I saw Marks at Newmarket on the 13th he was working about in just the same manner as before.
To Mr. Boyd. I recognised Marks by a scar on his face.
To Mr. Brandon. I do not know that Myers has been for seven years bookmaker to Marks. I had never bet with Jacobs before. I had no difficulty in getting my money, but I had to lay £12 to win £8. There was a considerable crush at Newmarket Station, but we had no difficulty in getting seats. I did not see prisoners near me at the barrier. I had previously seen Jacobs at Newbury races. There was nothing to arouse my suspicions in the old gentleman getting on to the 'bus. There was a considerable crowd in Liverpool Street. Though Shobrook and I ran after the three men we never really got close to them.
To Mr. Purcell. I watched the barrier at Liverpool Street Station on the morning of May 13, but did not see Marks go through.
Re-examined. Just before the train arrived at Liverpool Street Station on the night of May 12 I counted the notes I had in my pocket-book and the gold in my purse. Prisoners were not in the carriage.
GEORGE SHOBROOK , auctioneer, Plymouth. I went with Mr. Lake to Newmarket races on May 11 and 12. On the second day I put on some money for him with Mr. Jacobs. I noticed both prisoners in the 5s. ring each day. Mr. Lake brought out his pocket-book on several occasions and opened it. Both prisoners were present when Mr. Lake was paid the £20. When we left they were very polite and raised their hats. As we were coming: up the slope into Bishopsgate Street I turned and noticed the two prisoners, a young man and an old man following behind. As I turned the corner into Liverpool
Street I again looked back, and to my surprise observed that the same four were following us. Altogether I looked back I should say four or five times. When the ladies got on to the 'bus I was. behind the rest of the party. I saw the old man I had seen walking behind us put his arm across the bus. He seemed to be staggering and a bit paralysed. The effect was to make it impossible for Mr. Lake to get on to the 'bus. I noticed the two prisoners and another young fellow crowding round and pressing up against Mr. Lake very tightly. Then I saw Marks deliberately put his hand across Mr. Lake's shoulder and take out this pocket-book, while the other two young fellows were keeping me back. Then all three made off, leaving the old man behind in the 'bus. I shouted-out to Lake, "Have you lost your pocket-book?" He said, "I have," and came off the steps as quickly as possible and he and I gave chase. I saw all three turn the corner into Liverpool Street, but when we got to the corner they had disappeared. I identified prisoners at Newmarket on the following day. I saw Marks put his hand into the pocket of Mr. Lake and take out his pocket-book.
To Mr. Purcell. When I saw prisoners and the other two men coming up the slope they were, I should say, a dozen paces behind. There were no other passengers between us and them. I cannot explain why, having seen the pocket-book taken, I called to Mr. Lake, "Have you lost your pocket-book?"I was at the station the next morning with Lake and several detective officers, but did not see prisoners pass the barrier.
ADA FLORENCE LAKE , wife of prosecutor, gave evidence as to accompanying her husband to Newmarket races on May 11 and 12. At Broad Street she and Mrs. Shobrook got on to the 'bus while it was still in motion. On the top of the 'bus witness turned expecting to find her husband coming up behind, but found he was standing behind an old gentleman who was holding on to the rails of the vehicle. Her husband, she thought, seemed to be endeavouring to keep the crowd back. The two prisoners and another were behind her husband. She did net see anything happen, but heard Shobrook call out. Then there was a confusion and the men disappeared. The old man had been pulled into the 'bus and no one else seemed to be getting in but a lady. Next morning witness identified prisoners on the racecourse at Newmarket.
HARRIETT SHOBROOK , wife of the witness Shobrook, gave similar evidence. She had noticed prisoners in the ring, and had no difficulty in identifying them. Looking down from the top of the bus at Broad Street she did not notice them doing anything, but saw three men run away and turn the corner into Liverpool Street pursued by her husband and Mr. Lake.
(Friday, May 21.)
at 6.35 from Newmarket. Marks got out of the train with several others. I saw no one else in that carriage. I went up and told him who I was, and that the would be arrested for stealing a pocketbook and five £5 notes on the Wednesday previous, above five minutes to eight in Broad Street. He said, "You know me, Mr. Beechey, that is not my game; you know that." I took him to the station. He gave his address. I searched him; I found nothing on him connected with this case. Inspector Campbell gave me the information.
Cross-examined by Mr. Purcell. I first told Marks I was a police officer. I knew him. I do not go to racecourses myself. The prosecutor was on the platform. I pointed him out. I put the prisoner in possession of all the facts, and then he said, "You know me; that is not my game." Nothing more was said to him at the station about the robbery; he was only formally charged. He said at the station, "My brother met me at the train on Wednesday night." I "have since seen the brother, who was at the Guildhall and gave evidence. The prisoner said he and his brother walked home together. I have no knowledge of any previous charge against Marks. I was at the station when the conductor of the omnibus on which Lake was getting was brought there. The prisoners were placed among eight others; the conductor looked along the row and was unable to identify anyone, and so he was not a witness at the Guildhall nor is he here to-day.
Detective FREDERICK BEARD , City Police. On the 15th inst., at about a quarter past six, I went to Liverpool Street Station. I waited about a quarter of an hour and saw a train in from Newmarket. I first saw Marks get out; I handed him over to Beechey; I went down and saw Myers; he was pointed out to me by Mr. Campbell and Mr. Shobrook. He got out of a different carriage. I said to Myers, "I am a police officer, and you will be arrested for stealing a pocket-book and five £5 notes." He said. "Well, I have not been out of the ring all day." I said, "This was last night, in New Broad Street, about eight o'clock." He said, "I was in 99 about that time." By 99 he meant 199, Bishopsgate Street, a public-house, the "White Horse," at the corner of Liverpool Street and Bishopsgate Street. He said nothing more then. There was a good deal of pushing, and I had difficulty in getting through the crowd with him, and nothing else was said until we got to the station, where he was formally charged; he repeated then that he was at 99. I am familiar with the East End. I shoud say from Gardner's Corner, Commercial Road, to Aldgate Church, is from 350 to 400 yards, as near as possible; it is generally reckoned a quarter of a mile, but I do not think it is quite so much. Walking from the exit of Liverpool Street Station to Houndsditch you would pass 199.
Cross-examined by Mr. Brandon. Myers gave me his correct address at Liverpool Street Station, and denied the charge at once. He said on the platform that at the time of the alleged robbery he was in the 99. At the police station he told the same story; he repeated it and gave more explanation to some of the other officers
than he did to me; I had to be moving about in other places; he may have said a great deal I did not hear. I found nothing on him relating to the charge. I know nothing against his character.
LAZARUS MARKS (prisoner, on oath). I live at 73, Hertford Street, Mile End. H. Jacobs is my partner; he is a bookmaker of Tattersail's. I have been working with (him, for 4 1/2 years, going to different racecourses with him. Before that I worked for my father, a whole sale clothier at Cutler Street, Houndsditch. On Wednesday, May 12, I went to Newmarket; my partner did not go that day; I went by myself. I was in the 5s. ring backing horses. I made bets with people that day. I do not remember seeing Mr. Lake at Newmarket on the Wednesday. I did not see him at Liverpool Street on the Thursday when I was arrested; I saw him at the police station. That was the first time to my knowledge that I bad seen him. On the Wednesday evening I came up by the 5.50 train, which is the only cheap train; a great many people came up by it, the train was full. My brother Simon met me at Liverpool Street; he lives with me in the same house. He was on the platform when the train came in. On the Thursday I met the policeman; my brother was there, too. On the Wednesday I and my brother crossed over the station and went up the steps and over a bridge and got out in Bishopsgate Street just opposite the fire station. I and my brother were alone. We walked to the right and got to the corner of Liverpool Street and walked over and got to Houndsditch. That was going right away from New Broad Street. Then we got on the top of a motor 'bus and went straight away borne. I did not at any time that evening go to Broad Street. The witnesses who have spoken to my being at the omnibus are mistaken. It is not true that it was. my hand that took the pocket book from Mr. Lake's pocket. I gave this explanation of my movements on the Wednesday evening when I was at the police station on the Thursday. What Beechey has said is substantially correct. I was brought before the magistrate on the Friday; the case was remanded till the Monday, and then my brother was called as a witness.
Cross-examined I have a scar on my face. I was wearing a bowler hat on May 12. I was at Newmarket in the 5s. ring on the Wednesday and also on the Tuesday. There was no racing there on the Monday—I was at Wye. I do not think there was any racing there the previous week. I go to every meeting at Newmarket. I was there on the Tuesday, Wednesday, and Thursday. During the Tuesday and Wednesday I was not doing any kind of work for the other Mr. Jacobs. My partner is H. Jacobs; they call him "Jarvey" in Tattersall's. He was not at Newmarket. I know the Jacobs who was mentioned here yesterday as being at Newmarket; he is a different Jacobs. His name is Joe. Joe Jacobs and H. Jacobs are different persons. I saw Joe' Jacobs at Newmarket. He stands in one place; I must nave seen him frequently
on Tuesday, Wednesday, and Thursday. I did not speak to him; I took no notice of him. He 19 a bookmaker; he was in the ring making a book; I was not near him. My back was towards him; I stood on the rails. I did not see anybody making a bet with him all those three days, and I did not see Lake or Shobrook; they never saw me standing by them. When I came back from Newmarket my brother met me; he often came to meet me on the station. Our clothier's business is just opposite. My brother works for my father. He likes to know how I have got on and comes to meet me. I went straight home. He was with me at Newmarket on the Tuesday, not on the Thursday; he came to meet me on the Thursday. He does not always come to meet me. I go by the excursion train and take a £4 ticket for the meeting. On the Tuesday night my brother walked with me straight away home; we went up the slope, crossed to Liverpool Street, and straight across to Houndsditch. On the Wednesday night I came over the bridge. If Mr. Lake and Mr. Shobrook say I went up the slope on the Wednesday night they are liars. Mrs. Lake and Mrs. Shobrook did not see me from the top of the omnibus in Broad Street. I was never in Broad Street. They did not see me running away; I suffer from rheumatics. They might have seen me running about in the ring. On the Wednesday evening I and my brother saw our sisters by White Horse Lane and got off the motor 'bus. I never left, my brother after I met him until we got home; then he went out and I stayed at home. I did not slip away from him. I did not pass "Ninety-nine"; I went straight across to Houndsditch. "Ninety-ninie" would be about 20 yards off. It was not a quarter to eight when I was at the corner of Liverpool Street; I was at White Horse Lane at eight; the road was up and I had to go round in the Wednesday I did not go to "Ninety-nine." I did not go far from it. On the Thursday Mr. Campbell came to me in the ring and said, "want you to show me someone in this ring. I do not think he is any good." I was in the 5s. ring all the week; I was on the rails, waiting for people to come across to back horses.
Re-examined. Campbell spoke to me before one o'clock; he has known me since I was a boy. He wanted me to point out someone to him. He did not say a word about any suspicion that I had been concerned in robbing someone. That was all the conversation I had with him until I got to Liverpool Street Station, where he pointed me out to Beechey. Campbell knew my name and address and all about me.
By the Court. Joe Jacobs does not bet as "Jarvey"; he bets in the name of Joe Jacobs. To a stranger he gives a ticket; if you are known he takes the name. I am not a bookmaker; my partner is. I am a sort of sleeping partner; I have 4s. in the £. I find part of the money. When I see a man make a big bet I run and tell my partner what the price is. I check the prices on the course. My partner keeps the book, and I post him up in the odds as they
shift one way or the other, and sometimes I hedge for him. I went down to back horses myself those three days; my partner never goes to Newmarket.
By Mr. Purcell. This is Joe Jacobs's card, with his photograph on it; he is not my partner.
SIMON MARKS . I live with my brother at 73, Hertford Road, Mile End. I work for my father, a wholesale clothier, of the Exchange Buildings, Cutler Street, Houndsditch. I went to Newmarket on Tuesday last week; not on Wednesday. On the Wednesday evening I went to Liverpool Street Station, and saw my brother come from the Newmarket train about 7.40. He walked up the platform by himself to me. We walked up a few steps to the bridge and into Bishopsgate Street between the fire station and the police station, and then as far as Liverpool Street and crossed to Houndsditch, and through Hounds ditch, and when we got to Church Row, where Aldgate Church is, we met a young fellow named Stackham, who said he was going to a dinner at "The Nuns," and then I and my brother got on a motor 'bus at Aldgate and went to White Horse Lane; there we saw our two sisters and my brother's young lady, and we got off and walked as far as Grafton Street, crossed over, turned into Hertford Street, and went home. My brother never left my company from the time I saw him come from the train until we got to Hertford Street. Neither of us went into Broad Street. I did not go to Newmarket on the Thursday, but I went to the station to meet him and saw him arrested. I went to the police station that night, and to the Guildhall next morning. The case was remanded from Friday until Monday, and then I gave evidence.
Cross-examined. I came back with my brother on the Tuesday from Newmarket. We came out of the station the same way as we did on the Wednesday night—up 'the steps and over the bridge into Bishopsgate; I am prepared to swear to that. Joe Jacobs is no relation of mine.
LEWIS MICHAEL MYERS . I have been a member of the Common Council of the City for something like 22 years. I have known Marks from childhood and have known his father all his lifetime. The prisoner has always borne the character of an honourable and honest man.
ABRAHAM VALENTINE , a member of the Stepney Borough Council and president of the Costermongers, Union; JOSEPH LEVY , fruiterer, High Holborn; BARNETT AARONS , member of the Common Council; SAMUEL MYERS , of S. and M. Myers, contractors for bedding to the Army, no relation to the prisoner Myers; ISIDORE COHEN , mill agent and contractor, 54, Fann Street, Aldersgate Street; and HARRY JACOBS , proprietor of "Wonderland," gave evidence to the character of both prisoners.
JACK MYERS (prisoner, on oath) I live at 6E, Mount Street, Whitechapel Road. I am 28 years old. I am a clerk to Mr. Joseph Jacobs, a bookmaker, and for seven years I have worked for him; before that I had a fish shop. On the 12th inst. I went on business to Newmarket Races with Mr. Joe Jacobs, Mr. Smith, and the clerk Hudson. I travelled back by the 5.50 train with those three men; I was never out of their company. I never saw Marks. When we arrived at Liverpool Street Station I, Jacobs, Smith, and Hudson went up the slope from the station and turned to the right into the "Ninety-nine." After leaving the "Ninety-nine" we crossed the road, walked into Houndsditch, and went straight home. I was never out of the company of those three men until Smith and Hudson left me at Aldgate. Jacobs left me at the corner of my street. It is absolutely false that I was outside this omnibus. I told the same story at Liverpool Street Station. On the Thursday I went to Newmarket with the same people by the 10 o'clock excursion train to do my ordinary business with Mr. Jacobs. I went down on each of the three days. I have a wife and one child. Every day I go to work I get £1. It averages about £4 a week in the whole year, so that I make about £200 a year, or it might be more.
Cross-examined. As clerk to Mr. Jacobs, I go with him to race meetings. I see most of the people who bet with him, but not all perhaps; I might be looking up at the tic-tac people. I did not see Lake or Shobrook on the Tuesday. I saw them on the Wednesday at the last race. I do not recollect the bet. It must have been 12 to 8 on to draw £20. I saw Jacobs pay Lake and Shobrook £20 in gold. Jacobs wanted to give them notes, and they declined to take it. I do not remember what Mr. Lake paid when he made the bet; I can look where I like after a race, but before a race I have to do other things; I have to pay attention to the tic-tac. I always stand at the back of Mr. Jacobs. I did not see Mr. Lake take out his pocket book or hand anything to Jacobs. I do not think anybody else travelled back in the carriage with Jacobs, Hudson, Smith, and myself. I do not think there was a cleanshaven, elderly man. The carriage was not full. We play "solo" coming home for pennies. Mr. Campbell looked in the carriage and spoke to Jacobs. When I got out I did not see Mr. or Mrs. Lake or Mr. or Mrs. Shobrook; if I had seen them I should not have recognised them again. I remember when they left the ring raising my hat to them, because Jacobs raised his. Coming up the slope I was talking to Jacobs and Hudson about the day's affairs. Lake and Shobrook may have seen me in the station, and Shobrook may have seen me coming up the slope; I did not see him. They could not have seen me in Liverpool Street. We went into "Ninety-nine" by the entrance about three yards up Liverpool Street. If Shobrook says he saw me further on in Liverpool Street it is absolutely false; it must be a mistake. If he and Mrs. Lake and Mrs. Shobrook say they saw me in Broad Street it is either an invention or a
mistake; it is all concocted evidence. I, Jacobs, Smith, and Hodson walked up the slope and went into the public-house together. There were a lot of people about. We walked together, not two and two. Hudson was by the side of me all the time. If anybody was coming down and we thought we were causing an obstruction we would separate and then get back again. In Liverpool Street there were not a great many people; we only crossed the road. The people were further up Liverpool Street, not at the corner. We went into the public-house, two at a time. I could not say who went in first. Jacobs had won about half a crown at cards coming home and had to pay for the drinks. We left the public-house together; I cannot say who came out first. We only had one drink; we were there six or seven minutes. I and Smith had Scotch; Jacobs had Apollinaris, as he always has, and Hudson had port. We only go into that public-house when we come from Newmarket. We called there on the Tuesday and intended calling on the Thursday, when I should have had to pay, but I escaped that. On Tuesday I came back with the same people. We came up the slope together and went into the public-house; Jacobs and I had the same drinks. I cannot remember who went into or came out of the public-house first on the Tuesday, nor who paid for the drinks. On the Wednesday the others left me at Aldgate Church and I went straight home. I never saw Marks beyond seeing him running about the ring. I was never out of the company of my friends. I know nothing about someone putting his hand in Lake's pocket and Marks and I running away; it is concocted. On the Thursday when I was arrested I wanted to give my father's address, as I did not want to upset my wife, but they said no, and so I gave my own. I have never been in trouble in my life before.
JOSEPH JACOBS , 13, British Street, Bow, bookmaker. I have known Jack Myers for 18 years; he has been in my employment for six or seven years. I have always found him strictly honest. I have entrusted him with sums of money. On Wednesday, the 12th, I went with him to Newmarket. We came 'back to Liverpool Street about 7.40 with Smith and Hudson, and we all four went up the slope, turned to the right, and went straight into "Ninetynine," where we stayed seven or eight minutes. Then we all went along Houndsditch, and Hudson and Smith left us at Aldgate. I left Myers at East Mount Street, by the London Hospital. I did not go into New Broad Street that evening.
Cross-examined. I cannot say I remember the incidents of the 11th. I think I saw Lake and Shobrook and their wives on the 11th; Myers had to be with me. On June 12 they betted with me. I remember Lake's bet of 12 to 8 on Esperanto in the last race He paid me £12 in gold and I paid him £20 in gold. He made several other bets during the day—I think three—and he paid one in gold; never in notes. At the time the bets were made Myers would be behind me. A good many people came by the train, and a good many people were going
home. We all four walked up the slope together; there might have been about one-eighth of a yard between us. There was no traffic on the slope. Foot passengers were going up, none were coming down. We walked two and two; I could not say who was in front. In Bishopsgate Street there was a good many people. We stopped by the corner for the traffic, and then went across to "Ninety-nine" and went in together. Myers went in with me; Byron can prove that. The next night I took in Campbell and Byron, and I said to the barman, "Do you recollect my coming here last night?" He said, "Yes, sir." I said, "Why do you recollect me?" He said, "By your calling for two ports and a Scotch," and I said, "What have you got nice?" and they said, "Champagne on draught," and I said, "I do not drink"; I had Apollinaris. I said, "Do you recollect me and my friends? I think we had two ports and a bitter, and I think there was a whisky, and I had Apollinaris. We only had one drink each. I paid for them. We remained there seven or eight minutes. We all came out together; no one went away while we were there; no one went to the lavatory. When we came out we went straight across to Houndsditch, and then Hudson and Smith left us at "The Three Nuns." I only go to the "Ninety-nine" on returning from Newmarket. I went there on the Tuesday with the same four and two others. We left the station that day the same way as on the Wednesday—up the slope.
Re-examined. There are two slopes leading out of the station—one goes to Bishopsgate Street, but by that you have to go upstairs; the other leads to Liverpool Street.
By a Juror. I paid for the drinks that night because I won at solo; that is our usual course.
GEORGE LEONARD HUDSON , 22, Church Road. I have been a clerk to Joseph Jacobs for five years. I went with him to Newmarket on May 12 and returned by the 5.50 train with Jacobs, Smith, arid Myers. I remember Lake making some bets. I saw him paid on the last race £20 in gold. At Liverpool Street we went up the slope and came out opposite the police station and went into "Ninety-nine," where we stayed seven or eight or 10 minutes, I should think. We all four left together, walked down Houndsditch, and I and Smith left Myers and Jacobs at Aldgate. Up till then Myers had not been out of my sight.
Cross-examined. We walked within a yard of each other up the slope from the station. I cannot remember the exact order—two might have been walking in front and two behind. There were plenty of people about; more were coming up from the train. I cannot remember if I was in front, or who went into the "Ninety-nine" first. We had two ports; Mr. Jacobs, who is a teetotaler, had an Apollinaris or soda, and I could not say what the fourth had. I had a port myself. I left Myers and Jacobs at the Aldgate corner, close to the church, about 200 or 300 yards from Gardiner's corner. 1 do not think I told the magistrate it was at Gardiner's corner that
I left Myers and Jacobs. I heard my deposition read and signed it; there is a slight mistake. I left them at Aldgate Church.
JAMES SMITH , 68, Sidney Square, Stepney, a master builder and licensed lodging-house keeper. I have known Myers since he was a boy. On Wednesday, May 12, I went to Newmarket and came back by the 5.50 train with Myers, Hudson, and Jacobs. We walked up the slope which brings you out opposite the police station and the fire station. We went into the "Ninety-nine." Myers was with us. After that we all four went straight across the road up Houndsditch. I left Myers and Jacobs at Aldgate Church. Up till then Myers had been with me since 9.45 a.m.; he had never left me.
Cross-examined. When we walked up the slope it was at a busy time. I could not say to whom I was talking coming up the slope. I came back on the night before with the same people and we came up the same slope; I cannot remember in what order. There were a good many people about. We went into the public-house on the Tuesday night; I do not remember in What order. We go in that house each night we come from Newmarket; we play cards, and the lucky one who wins stands drinks when we get up, and then we disperse. No member of the party went away to the lavatory; nor for a second. There might have been eight or 12 more in the bar. We came out together, and I left Myers and Jacobs at Aldgate Church.
Verdict, Not guilty.
BEFORE JUDGE RENTOUL.
(Thursday, May 20.) RUSSELL, John (44, builder), pleaded guilty of obtaining by false pretences from Arthur Lewis Rackham the sum of £10, from Martha Ann Nicholas the sum of £30, from Helen Mackie a certain order for the payment of money, to wit, one banker's cheque for the payment and of the value of £25, from Margaret Whitehead the sum of £30, from Helen Philippart the sums of £10 and £5 respectively, from Dora Ford a certain order for the payment of money, to wit, one banker's cheque for the payment and of the value of £25, from Herbert Smith an agreement for letting the house known as 88, Shelgate Road, Clapham, from John Jones the sum of £4, from Lionel Cohen the sum of £6, from Herbert Frederick Linnett an agreement for letting the house known as 88, High Street, Harlesden, from Charles Cowley a lease for letting the house known as 76, High Road, Willesden Green, and from Francis Hancocks an agreement for letting the house known as 51, Listura Road, Balham, in each case with intent to defraud; being an undischarged bankrupt who had been adjudged bankrupt under the Bankruptcy Act, unlawfully obtaining credit from Martha Ann Nicholas to the amount of £30, from Helen Mackie to
the amount of £25, from Margaret Whitehead to the amount of £30, and from Dora Ford to the amount of £25, without informing them that he was an undischarged bankrupt.
A previous conviction was proved.
Sentence, 18 months' hard labour.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
Mr. S. T. Thomas prosecuted; Mr. H. D. Roome defended.
JOSEPH MIZEN , 48, Princess Square, Cable Street, E., ladies' tailor. On April 24 last I drew my wages, £2 16s. 6d. I went into a public-house in St. George's Street. I met a girl there named Fanny, and subsequently went with her to 9, Artichoke Hill. I went in the room and prisoner asked me to treat him to a drink. I placed my hand in my pocket and then he ran towards me and took out the money, £2 10s. Then he started hitting me. Then he chucked me through the door and I remained in the street lying. I gave information to the police. I described the person who assaulted me. On the 26th I was asked to go and identify the man amongst 12 or more men. I identified prisoner.
Cross-examined. I have not been to the house before. I pass through the street coming from work. There were a lot of other women in the public-house. I did not stand drinks to several of them. I had three drinks myself. When we came to her house Fanny went in first and I followed. When she went in perhaps she had a row with prisoner—I do not remember. I did not see him pick her up and throw her inside. I did not notice if they were quarrelling when I came away. I did not say to him, "What is the matter?" I never spoke to him. I did not tell him to leave the girl alone. I did not put up my hands to him. He knocked me down. When I got up I did not run at him and hit him. I could not see if Fanny was there. There were a few people passing by when I was outside. I made no complaint to any of them. I did not go back and have a drink with Fanny.
Detective GEORGE CHAMBERS . H Division. An April 24, on receiving certain information I went to 9, Artichoke Hill. On the 26th I saw prisoner with another man in a beer-house in St. George's Street. I called him out and told him I was a police officer, and that he was wanted for assaulting a man at 9, Artichoke Hill, and robbing him of £2 10s. He said, "If I did it you have got to prove it." He did not deny the charge. When charged he made no reply. I noticed prosecutor's condition on the 24th; he had a wound on the back of his head, a bruise under his eye, and a slight swelling on the jaw.
OWEN HANNAM . I live at 9, Artichoke Hill. I am a french polisher by trade, but I have been out of work and have done labouring at the docks. I live with the woman Fanny. On this Saturday afternoon I had had a row with her. I went out and left her indoors. I went as far as the front entrance of the London Docks. Coming back I had a couple of drinks. While I was standing at the street door Fanny comes down the worse for drink and made a clout at me. I got hold of her and threw her inside. I did not see prosecutor until I heard a step come in the passage. Inside the door is the room. I looked round and see a man there. After I got the clout I pushed her in. He put up his hand and struck me. I know prisoner. I see him every week and all his confederates. About five doors from where I live 20 or 30 of them come every Saturday for gambling, and there is always drinking in the public-house on the corner. I saw him put his foot inside the door. He said, "What is the matter?" and put up his hand; at the same time I hit him quick and he fell out of the door. I struck him in self-defence. He got up and rushed at me. I met him again with another clout, which caught him on the jaw, and he fell out in the road on his head. I see the man by the kerb with blood coming from his head. I left him there. He had been drinking all day about there. He looked the worse for drink when he came to the house. I did not rob him. I do not know if Fanny could see us; she was in the house.
Cross-examined. I was not at work at this time; I was waiting for the wool sales to start, which is the only chance of getting work. I get a couple of shillings now and again at Billingsgate. Fanny does a little bit of washing. I knew prosecutor. I did not know he was earning fair wages as a tailor, but I always see him and his confederates round there on Saturdays, at the house five doors away. I have been in trouble before for robbery from the person. I was convicted. When prosecutor and Fanny came to my house they were not together. I did not see prosecutor following her. I was standing at my street door. I pushed her in and went in after her. I left the door open. I heard a footstep just over the threshold of the door. When you put your foot in you are in the room. He said to me, "What is the matter?" and put up his hand. I struck him and he fell down into the street. There were plenty of people there. He darted at me after he fell down the first time; then he came at me again and I hit him on the jaw. I made no complaint, to anyone that this man had come to fight me in my house. I did not do so when arrested. I said nothing about the crowd of people outside at the police-court.
FRANCES TAYLOR . I am a single woman and have been living with prisoner. On the Saturday afternoon I met prosecutor at the top of the hill outside a public-house. I went in there with him; he was the worse for drink, and he made a lot of us the worse for drink, and also a lot of his confederates. He stood drinks to a lot of other women in that house. I did not go with him to our
house; he must have followed me there. When I got there I saw prisoner. I had had a row with him before I went out. I was still angry with him. I struck him. He pushed me inside the door, and then prosecutor was going to strike prisoner and prisoner struck him. Prosecutor had only just, got inside the step. I did not see the row going on; I walked in out of it. After it was all done and prosecutor had had his head bandaged I had a drink with him.
Cross-examined. I am sure prosecutor did not come into the house; he stepped inside down the step. I fell inside. Then prosecutor came while I was still on the ground. My head was towards the inside of the house. Afterwards I saw a crowd outside the house. I did not see what prosecutor did. I walked in out of it. I had one drink with prosecutor in the evening; he remained round there.
ANNIE MCQUEEN . I saw the quarrel on this Saturday. I saw prisoner standing on his doorstep. I saw the young woman strike him. I saw prosecutor go inside—right in the doorstep. I was at my door on the other side, but not far away. As soon as he was in I saw him thrown out across the doorstep. Prosecutor got up and followed prisoner, then prisoner turned round and hit him, and down in the road he went. Prosecutor got up again and went up the hill, and I saw blood stream from the back of his head on to his collar.
Cross-examined. My husband was standing talking to me. Prosecutor went inside, so that I could not see him for about a minute. When he was thrown out part of his body and legs were in the house. There were some people there. They did not crowd round at all. If he had sat on the ground I would have seen it. He did not sit on the kerb and nurse his head. I did not see it. Prisoner came out and walked away and prosecutor followed him up, and prisoner gave him another blow.
Verdict, Not guilty.
BEFORE THE RECORDER.
(Friday, May 21.)
BONNETT, Alfred (60, secretary), who pleaded guilty at the April Sessions (see page 14) of being employed as servant to the Third Royal Liver Benefit Building Society, did unlawfully, wilfully, and with intent to defraud make certain false entries in a certain book—to wit, a loan book, and a certain account—to wit, a balance-sheet, then belonging to his said employers, was brought up for judgment.
Mr. George Elliott stated that the prisoner had handed over the property concerned and had made such restitution as he could, leaving an estimated deficit of £4,300.
Sentence was again postponed.
SALMON, John Patrick Daniel (24, horsekeeper) ; feloniously causing grievous bodily harm to William Heal with intent to do him some grievous bodily harm; unlawfully assaulting certain peace officers, to wit, William Heal, Alexander Elder, and Frederick Barber, they being constables of the Metropolitan Police Force, whilst in the execution of their duty as such peace officers, and unlawfully assaulting same persons and causing and occasioning actual bodily harm to them. Mr. Bodkin prosecuted.
WILLIAM HEAL . I was police-constable 827 of the V Division. On March 20, at 9.15 p.m., I was on duty in uniform in Battersea Bridge Road when prisoner pushed me by the shoulder into a doorway, using foul language. I told him to go along quietly and behave himself. He may have been drinking. He unbuttoned his coat and struck at me with his fist. I was unbuttoning my cape when he hit me under the jaw. He said, "Just fancy my letting a bastard like you take me to the station." I took hold of him to arrest him when he said, "Are you going to let go? If you do not I will put it on you." He then tried to trip me, and as I was trying to recover myself he hit me two blows on the chest. I tried to get at my whistle, when the prisoner got hold of it and threw it on the pavement. A crowd had collected and a young woman got hold of the whistle and blew it. Prisoner then tried to kick me in the private parts, using foul threats. Other police-constables came; Elder seized prisoner; he broke loose and knocked Elder to the ground. He was ultimately got to the station, hitting out with great violence all the way. At the station he said, "Just fancy all you lot to take a man like me," and, pointing to me he said, "As to you, I will kill you—I mean to do you in." I have been under Dr. Kempster since and am quite unfit for duty. I have been nine years in the force; 20 months ago I was struck on the head with a sand-bag padded life preserver.
Cross-examined. Three weeks before this occurrence I arrested two men—I never caught hold of prisoner then. On March 20 I was by myself when prisoner passed me—I was not talking to Hurst. Prisoner did not stop hitting me while I took my cape off; I got it off in the struggle; prisoner was not free, because I held him with my left hand. I placed my cape in the doorway outside which it happened. I made my notes in the station after being seen by the doctor; I put down everything that happened that I could remember. I did see Hurst, an ex-police-constable, during the incident.
FLORENCE SMITH . I am 19 years of age, and live at 45, Battersea Bridge Road, a picture shop kept by my father. On Saturday, March 20, I saw a constable's cape on the doorstep and went to see what was going on. Prisoner was striking prosecutor. Prisoner said it would take half a dozen constables to take him to the station. He hit Heal several times in the head and temple and kicked him in the chest and body; he pushed the constable's head through our shop window. Heal fell down once. His whistle was hanging from his coat; I got hold of it and was blowing it when the prisoner pulled it from my hand and it got on the ground; I think some one else had
it after that. After the whistle was blown, Police-constable Elder came; prisoner attacked him. There was a large crowd; I saw no one else assist the police. Prisoner was using very bad language all the time. Prisoner injured my shoulder by accident, while I was trying to blow the whistle; I was laid up for three days with the nervousness of it; I fainted.
Cross-examined. Prisoner was using very bad language—I did not listen to the expressions; I am sure he said it would take half a dozen policemen to take him.
Police-constable ELDER, 392 V. On March 20 I was in Battersea Bridge Road when I heard a whistle and saw prosecutor struggling with prisoner. Prisoner had hold of prosecutor and was kicking in all directions—he had heavy boots on. I attempted to restrain him; he ultimately struck me a violent blow with his fist. He kicked prosecutor several times in the body and struck him on the face with his fist, using very filthy language. Other police-constables came; he was taken to the station, when he said to prosecutor, "You bastard, I will kill you before I have done with you." Eight constables assisted in taking him to the station.
Police-constable FREDERICK PALMER , 793 V. On March 20 I was on duty in Battersea Bridge Road, when I heard a whistle and went with Elder to the assistance of prosecutor. Prisoner was very violent, kicking in all directions. Prosecutor was holding on to the prisoner; he was in a state of collapse and I took hold of prisoner, who said to me, "You may have been in the Army Medical Corps, but you do not put the ju-jit-su on me. Take that to go on with," and kicked me in the shin. I have been in the Navy. I assisted in taking him to the station and went for Dr. Kempster. Prisoner had certainly been drinking, but was not drunk.
Cross-examined. I said at the police court that when a man was drunk he was not always responsible for all that he did, but that I considered prisoner was responsible and knew exactly what he was doing. A drunken man has not the full use of all his facilities. (To the Recorder.) He was like an absolute fiend.
FELIX CHARLES KEMPSTER , divisional surgeon. On March 20, at 9.35 p.m., I examined Police-constable Heal. He was in a very exhausted condition, recovering from the effects of concussion of the brain, dazed, vomiting, practically collapsed. He had bruises on the right jaw and at the back of the head, several swellings and bruises over the ear, which might have been caused by a kick or blow; the private parts were swollen and inflamed; the right leg was bruised and swollen. I sent him to bed and have attended him since. He may have made notes after I examined him at the station; I did not leave him till he was better. I afterwards examined him thoroughly at his home and found he had a considerable rupture commencing; this has subsequently developed; that would probably be caused by wrenching and straining in the struggle. He has since developed epilepsy and had some very severe attacks. 18 months ago he had a severe blow with a life preserver which was padded with wool, and I then attended him; he had minor attacks of epilepsy from that,
what are called petit mal, slight dizziness. He had apparently entirely recovered from that. He had had two attacks from the previous injury. He had been 15 months back on duty. Since this assault he has had major attacks of epilepsy, with biting of the tongue, foaming at the mouth, and unconsciousness. He has been retired from the force, invalided as unfit for further duty and pensioned. I had a conversation with the prisoner and came to the conclusion that he was not drunk. Prisoner said, "Is it not a rule for you to question the prisoner?" I said, No." He said, "Do not you examine them?" I said, "Not unless they complain of anything. Do you complain?" He said, "No, except I got some scratches on my neck." I noticed he had a few finger-nail scratches on his neck and the knuckles of his right hand were bleeding. When I saw him he was sober; the struggle may have sobered him somewhat; I saw him at 10 p.m., after I had attended to the constable.
Cross-examined. Symptoms of epilepsy may show themselves after a lapse of two years. Prosecutor's condition is partly due to the first injury; the recent injury lighted up the root of that mischief. I saw him at 9.35. When he had recovered from the immediate effect of the concussion he would be able to write a lengthy statement.
Prisoner handed in a long statement, in which he pleaded guilty of common assault under great provocation, stating that he had been drinking the whole day and had gone to a music-hall, after which he had passed several policemen without trouble; that the prosecutor had a grievance against him, and had attacked him first, and that his violence had been exaggerated. Verdict, Guilty.
The Jury wish to commend the young lady for her courageous conduct.
Prisoner had been convicted five times for being drunk and disorderly and in 1903 had received a month's hard labour for stealing old iron; was said to be a hard working man who lapsed into drink at times, when he became very violent and was a terror to the neighbourhood. Sentence, Five years' penal servitude.
The Recorder, having recalled Florence Smith, said: The public are greatly indebted to you for the extreme courage that you showed on this occasion, which I think we have every reason to believe prevented the constable from being even more seriously injured than he was. You have the satisfaction of knowing that in connection with this case you have received the thanks of the Judge, and I am sure the thanks of everybody who has heard of this case, for the admirable manner in which you behaved on this occasion. Although I have no power to order you to receive a pecuniary reward in addition to your expenses, I understand the Commissioner of Police has such power; and so far as I am concerned, it may go forth from me that in my judgment, if he has such power, I should be very pleased to hear that he has exercised it in your favour. I am much indebted to you for your assistance.
Mr. Symmons prosecuted.
Police-constable SAMUEL STONE , 492 X. On April 24 I was on duty in Canterbury Road, Kilburn, when at about 9.20 p.m. I saw the prisoner drunk. I spoke to him, and he went home. At 11 p.m. he was there again drunk, disorderly, and using obscene language. I told him to go away, which he did for. a little way, when he attempted to go into the "canterbury" public-house. I told him I should not allow him to go in. He said, "I will murder you to-night," using an obscene expression. I arrested him. He threw me to the ground. Styles and Fry came to my assistance, and we got him along as far as the "Falcon" public-house, when he deliberately kicked Styles in the stomach with his heavy hob-nailed boots. He said, "I will murder the lot of you." It was a deliberate kick. He was very drunk. Styles became sick and faint when prisoner again kicked him on the right temple with the heel of his boot. Other assistance came and prisoner was taken to the station.
Police-constable WILLIAM STYLES , 812 X. On April 24, at 12 p.m., I was on duty at Market Place, Kilburn, when I saw a crowd opposite the "Canterbury" and found prisoner struggling with the last witness. Fry came up after me. I caught hold of prisoner by the arm and muffler, and we got him as far as the "Falcon." when he looked at me, ground his teeth, and kicked me a violent blow in the stomach, saying, "I will murder you." I became sick and faint, was doubled up with pain and stooping, when he deliberately kicked me again in the right side of the head. I produce my helmet dented in. Prisoner was threatening to murder us; he knew enough to know that he was kicking me.
The Recorder said he did not think the evidence would justify a verdict of attempting to murder.
GEORGE ROBERTSON , divisional surgeon, Harrow Road and Kilburn Police Stations. On April 24, at 11.30 p.m., I saw the prisoner at the station. He was unconscious from the effect of drink. I succeeded in rousing him, when he said he had had too much to drink. He had some slight bruises. I afterwards saw Police-constable Styles; he was sitting doubled up, suffering acute pain in the lower part of the abdomen, where he had been kicked, over the region of the bladder; there was great tenderness, but no mark. He was wearing an overcoat, which had upon it the mark of the sole of a boot. The appearances would be consistent with his having had a severe kick. There was no rupture, but the pain was so great that I asked at once if he had passed water recently, which I found to be the fact, and which had probably prevented a very
severe rupture of the bladder. He was collapsed. He had pain in the stomach for about eight days, and on the fourth day he complained very much of pain in the back and across the loins. He is still on the sick list, but I hope will be fit for duty in another week. There was no mark on the back; the pain continued, but has passed off now.
The Recorder questioned whether the prisoner's hopeless state of drunkenness did not preclude his being convicted of the felony of intent to do grievous bodily harm.
Mr. Symmons submitted that there was evidence to go to the jury. He cited R, v. Doherty (16 Cox, page 306), where Mr. Justice Stephen held that "When the crime alleged is such that the intention of the accused is one of its constituent elements, the jury may look at the fact that he was in drink in considering whether he formed the intent necessary to constitute the crime.
" The Recorder: I think I had better direct the jury to acquit on this charge; you can take it on the other casen of misdemeanour.
The Jury returned a verdict of Not guilty of intending to commit grievous bodily harm.
Prisoner was then tried for having, on April 24, inflicted grievous bodily harm on William Styles.
The evidence previously given was repeated.
Prisoner was stated to have a terrible record. On January 28, 1884, he received seven years' penal servitude for wounding with intent to murder; in 1891 five years' penal servitude for an assault upon six constables; October 17, 1904, five years' penal servitude for causing grievous bodily harm to his wife; January 27, 1906, six months at Marylebone for assaulting the police; said to be a very violent and dangerous man, who would use any weapon to resist lawful apprehension.
Sentence, 20 months' hard labour.
BEFORE THE COMMON SERJEANT. (Friday, May 21.)
FRANCIS KETLEY , vanguard in the employ of the Great Northern Railway Company. On April 27, about 8.40 a.m., I was", with my van in Lower Thames Street delivering some cases of fish. Weatherly was the carman in charge of the van. He left me on the van. Prisoner came and produced this ticket (Exhibit I.), I knew him before; I have no doubt he is the person who brought the ticket. I thought he had been sent by Cuthbert and Howlett to get the case of fish. We were delivering fish to that firm in the market. Prisoner took the fish away.
Cross-examined. I have no doubt it was 8.40. I knew the prisoner before, but had not spoken to him. I do not know if he knew me. I had seen him working in Billingsgate Market. I had last
seen him three weeks before carrying fish; there was nothing then to make me take particular notice of him. After he obtained this box from me I next saw him in Monument Street 10 minutes after. Weatherly was with me and he charged him with stealing the box of fish; he said, "I want you; you have had a box of fish off my van." I am sure he did not say, "It is either you or Jack Parker has had a box of fish." When I gave Weatherly the ticket he said it was a bad ticket. I gave a description of the prisoner to Weatherly. I did not know his name. I did not point him out in Monument Street to Weatherly; Weatherly went up at once and taxed him with it.
SAMUEL WARNER , carman in the employment of David Israel. At 8.30 a.m. on April 27 I was in the market. I saw a Great Northern Railway Company's van, of which Ketley was the vanguard, in Thames Street. Prisoner came up to the van about 8.40, and the boy delivered a trunk of fish to him. I had known prisoner for a good many years; when he worked for Willey and Glbson I have delivered fish to him. I knew his name. I have no doubt he is the man.
Cross-examined. Prisoner is a fish porter, holding a license. To get a license a man had to submit three references as to his being an honest man with a good character; if he turns out dishonest he loses his license. I should say this box of fish weighed 10 or 12 stone. The van was a good 300 yards from the "Cow and Calf" in Eastcheap. There was nothing unusual in a man coming up like that, handing a ticket, and receiving a box of fish. Weatherly had left me in charge of his van, and I should have delivered the box if the boy had not come from the other side of the van, only I should have known the difference in the ticket at once, and that some one was trying to steal the ticket. A porter who had been in the market for years would have known it was a silly thing to do. As I walked towards the tail board the boy was delivering the box, and he had the ticket. If I had been there prisoner would have walked away. I was not the company's servant, the boy was. I was sitting on a bait sack when the prisoner came up, by the side of the pailings; the horses had on their nosebags, which we fill from the bait sack. The horses' heads were nearest me. I could see the tail board all the time.
Re-examined. Prisoner carried the box right at the back of me.
WILLIAM WEATHERLY , carman in the employment of the Great Northern Railway Company. On April 27, about 8.40 a.m., I left Ketley and Warner in charge of my van and went away for about five minutes with a package of fish. Ketley is one of the company's vanguards, but on another van, which was next to mine. When I came back my own vanboy gave me this ticket, which is smaller than the proper ticket would have been. In consequence of what Ketley told me I took him with me, and at the corner of Love Lane I saw prisoner talking to another man. I ran back and found Warner; when we got back prisoner had gone; then I found him at the corner of St. Botolph's Lane and gave him into custody. I had 18 cases of fish to deliver to Cuthbert and Howlett; in fact, I only delivered 17.
Cross-examined. Love Lane is 100 to 200 yards from where the vanstood. The box of fish weighed 10 to 12 stone, about 1 1/2 to 2 cwt. If the man had come to me with this ticket he would not have got the box. Fish porters in the market all know about these tickets. I have known prisoner for years. He used to be at Willey and Glbson's. He is a licensed fish porter. A person to hold such a license has to be an honest man. I did not speak to prisoner at the corner of LoveLane, but at the corner of St. Botolph's Lane. I did not mention Parker. Now I come to remember, I believe I did say something about Parker. I said to prisoner it was eitherhim or Jack Parker who had stolen. the box of fish; that was before I had the description of the man. The boy before that had given me a description, and also Warner, who told me the man's name. I saw Parker with him at the bottom of Love Lane. When I said it was either him or Jack Parker, he said he would get a bit out of the company for charging him. He said, "I had nothing to do with it."
JOHN HOWLETT , of Cuthbert and Howlett, fish salesmen. On April 27, Weatherly was delivering fish to us in the market. Prisoner was not employed by us to carry fish on that day. He had no authority from us to take a trunk of fish from the railway company's van. 18 trunks were assigned to us on that day, and we only received 17. This empties' ticket has our name on it; it would be given to a purchaser to return with an empty packet. It has been altered by having the number 98 cut off. Exhibit No. 3 is the ordinary unaltered empties ticket. No. 2 is the ticket used in the course of ordinary delivery.
Police-constable WILLIAM ABBOTT , 875, City Police. About 8.50 a.m. on April 27 Weatherly pointed out the prisoner and I took him into custody. He said, "I have not been anywhere near the place, and I know nothing at all about it." He was taken to the station and charged. He made no further statement to me.
Cross-examined. Weatherly called me up and then the prisoner; they both called me. They were having an altercation. Weatherly spoke to me first and then prisoner said, "Come," and he was given into custody.
ALFRED BURRBOUGHES (prisoner, on oath). I am a fish porter in Billingsgate Market. For 25 years I have been fish porter and foreman. I have a license. I have never had a charge of dishonesty made against me until now. On April 27 I was working for Forge and Co., fishmongers. I went away from my work at 8.35 a.m. to Pudding Lane, opposite Gracechurch Street for Charlie Tuck. I went into the "Cow and Calf" and there I met William Stunt, who is nicknamed Studds. I should say that was exactly 8.40. I had two 1d. drinks, for which Studds paid. You get ale there till nine a.m. for 1d. I was there about five minutes. It is a good 300 yards from the "Cow and Calf" to where this van was supposed to be in Lower Thames Street. When I left the public-house I went down Love Lane. I left the man I had been with in the public-house talking to a man
he does business with. Jack Parker came and spoke to me at the bottom of Love Lane. Then Weatherly came up and accused me of having a package off him. I said, "That is a mistake." When Parker saw him come up Parker went away without saying a word. Weatherly said, "Either you or f—g Jack Parker has had a package off my van." I said, "You have made a mistake; if you think it was me give me into custody." I said, "I should not do such a thing." We both went up to the constable and I said to the constable, "This man accuses me of having a box of fish and I have not been in Billingsgate Market or where the fish was lost. Sooner than my going away give me in charge." Jack Parker went away, and I said, "If you think it was me, give me in charge. "I was then taken and charged; it was 8.50.
Cross-examined. I know Warner by sight, but I have no truck with him; I have missed him on and off for about two years. I have had no quarrel with him, only he has a bad character. It is untrue to say he saw me that day at the tail of the van. I could not say why he should invent a story of this sort against me. When he saw me with the policeman he said to the vanboy," I think he is the right man; he used to work at Willey and Glbson's. "When the policeman arrested me I told him I was at the" Cow and Calf" at 8.40. I go in there every morning; sometimes it might be at 8.50. It is only 300 yards from where the robbery took place; but it would take me about a quarter of an hour to get there, because it is all uphill. I was charged at 8.50. I gave evidence at the police court. I was asked if I wanted to say anything and I said, "I am not guilty." I did not go into the box and give evidence. Until I came out on bail I did not know the name of the man with whom I had been in the public-house; I only knew his nickname Studds. I said to the magistrate, "Grant me bail and I will find the witnesses." This is the first time I have said in any court that I was in this public-house at 8.40. I was in the employ of one firm in the market for many years; I ceased to be in their employ about two years ago. For the last two years I have been employed casually by the Red Cross Company and George Stevenson.
Re-examined. I have held my license as a fish porter for 25 years. I was first brought before the magistrate on April 27. I was not represented by a solicitor; the case was specially adjourned to the following day to allow Mr. Howlett to get me one. I remained in custody for nine days after the 27th; I have now found William Stunt.
WILLIAM STUNT , fish curer. On April 27 I saw prisoner in the "Cow and Calf," Eastcheap, which is about 200 or 300 yards from Lower Thames Street, where this robbery took place. I was drinking there after I called my van over, and the prisoner asked me to treat him. I said "Have you done any work?" He said, "Yes, I have done a few odd turns for Peter Forge." He came in at 27 minutes to nine. I treated him once and a customer came in and I treated him a second time to a glass of ale. I left him as near 15 minutes to
nine as possible at the bottom of Love Lane; I walked down to go to my business. I did not see Parker nor Weatherly. I have known prisoner 23 or 24 years. His reputation has always. been that of an honest and straightforward man. I never heard of any charge of dishonesty against him.
Cross-examined. I say it was 27 minutes to nine because I called my van off at 8.30 and told my chap to go home with the goods, and walked across the road. I know that was the time by the time I came from the market. I looked at St. Mary's Hall clock. I was first asked to remember about it eight or 10 days afterwards, but I heard of the occurrence the same day. I did not know what time the robbery was supposed to have happened; I do now. Two or three porters came two or three days after and asked me if I remembered the affair; they said, "Was he drinking with you in the 'Cow and Calf'?"and I said "Yes" Prisoner was in custody then. A plain-clothes constable came down to the market and inquired after me. There were several other people in the public-house that morning; they were not the people who spoke to me about it; the people who did were people out of the market; I do not know their names. I had cause to look at the clock.
Re-examined. The father of the man I was buying for that day was taken dangerously ill and the chap had to go home at once, and he left me to buy for him, and it was 8.30 as I came up St. Mary's Hill and I had only to go seven or eight yards to get to my van, and then I went to the "Cow and Calf." Seven or eight hours after I heard that prisoner had been arrested and charged and then I remembered I had been drinking with him and where it was. Later in the day on the 27th the constable came for me, but I had sold out and gone home, and he failed to find me.
Verdict, Not guilty.
BEFORE JUDGE RENTOUL. (Friday, May 21.)
WELLS, Edwin Armitage Gregory (52, watchmaker) ; feloniously causing and permitting to be inserted in a certain marriage register a certain false entry of a certain matter relating to the marriage of him to the said Elizabeth Bond.
JOHN WOODALL , verger, St. George's, Bloomsbury. I produce the marriage register for 1876. In it there is an entry of a marriage between prisoner and Martha Imber. Prisoner is there described as a bachelor. The register purports to be signed by him.
ALBERT FRANCIS RUSSELL , Rector of Chingford. In August, 1876, I was curate at St. George's Bloomsbury. On August 27 I solemnised a marriage between prisoner and Martha Imber. I signed the register, and the parties signed in the usual way.
EDWARD BURROUGHES , parish clerk and verger at St. Paul's, Hammersmith. I produce the original register of marriages for the year 1890. On July 30, 1990, there is an entry of a marriage between prisoner and Elizabeth Bond. The prisoner is described as a bachelor. I was not parish clerk then. The then parish clerk is in ill health. The register is signed by prisoner.
ELIZABETH BOND , recalled. The signature in this second register is exactly the same as in the other. It is the prisoner's. I first met prisoner in 1886, three years before I married him at St. Paul's, Hammersmith, on July 30, 1890. I lived with him 15 years. I have one child. During the time I was engaged to prisoner I received an anonymous postcard. He was in London at the time. I wrote him to come down and explain. My father questioned him, and he said he had never been married before. My father is not alive. I believed him, and we were married in London. He refused to have his banns published, and we were married by special licence. My parents objected; they wished me to be married at home by banns. Prisoner said he wished to be married quietly and did not want the trouble of going to the church and the fuss. Of course he had a reason for all that then. My father helped us all along—at once. Prisoner bought a house out of a building society; my father soon after paid for it. After I was married I had about £800. Prisoner has gone through nearly all of it. He has treated me cruelly all along. He earned £2 a week at the Civil Service Stores. We lived fairly happy. I was quite content till he was discharged from the stores and started business for himself. Then he started treating me badly; he used to drink and gamble.
Cross-examined. When I wrote prisoner, sending him the anonymous postcard, he replied that he could not come down that week end as he had a dinner on. I replied that if he did not come and explain he need never come again. I wished him to come and see my father. He came down on the Saturday. I cannot remember if my father questioned him in my presence. We were all upset. I believe they went out for a drive. My father appeared absolutely satisfied afterwards. I ceased living with prisoner in 1906. My father settled for the house in Coniger Road, Parsons Green. Prisoner paid him back in a few years. When we left that house he again lent prisoner £500. Since my father's death I have lent him £200. He has not repaid my father a farthing of that £500. I once came home at half-past one or two in the morning, when I visited a lady friend with whom prisoner knew I had been. I have never hit prisoner except in self-defence.
Detective GEORGE WESTON , T Division. I charged prisoner at West London Police Court on April 23. I read the warrant to him. At that time the first wife came to the rear of the Court. I said, "Wells, is that your legal wife?" He said, "I do not know the woman." She said, "I know you, Edwin." He was then charged. It was read over. He said, "If it is so, it is so." I was also present
on January 8 at West London Police Court at certain proceedings when prisoner on his oath swore his first wife had died in childbirth. He said he could not give the date when she died.
Cross-examined. The words prisoner used were, "If it is so, it is so." He turned round to his legal wife and said, "I do not know you." She said, "Edwin, but I know you." I made the notes at the time at the rear of the Court.
Re-examined. He admitted he had been married before.
EDWIN ARMITAGE GREGORY WELLS (prisoner, on oath). I heard my wife was dead over 31 years ago and that my child was dead. I thought I was a bachelor. I did not know I was wrong in doing it. I did not do it for any purpose.
Cross-examined. I was 21 years in the Civil Service Stores, assistant in the jewellery department. I know the meaning of the word "bachelor." A bachelor is a single man. I should say a man would not be a bachelor if he knew his wife was dead and had buried her himself. I do not think now that a man who had been married was a bachelor. I was told my wife was dead by a Mrs. Parson, who is, I believe, a sister of hers. I made inquiries eight or nine years after and found she had left the place—a turning out of Queen's Road. I do not know that my wife has been living ever since in Bloomsbury. My wife left me in 1877 to go away with another man, a horse dealer. I know the man, but I have not been able to find whether he has been with her or not (The first wife was called into Court.) I do not recognise her at all. On my oath I never ill-treated her. A man who had been married and whose wife had died would be a widower. I did not describe myself as a widower because I did not bury my wife; I did not know whether she was dead or alive. I did not tell Miss Bond I was a widower. I did not tell her anything. I was never asked the question. When the postcard came she asked me whether I had a wife living.
GEORGE WESTON , recalled. Prisoner went to stay with some friends when his first wife left him. He discovered her whereabouts and took the child away. He lived with her about two years. She then went into service at Claridge's Hotel. For the last nine or 10 years she has been an inmate of Hoxton Infirmary suffering from bad legs, which the doctor tells me were due to bruises received from this man. On December 13, 1906, prisoner was convicted at South London Sessions and sentenced to 12 months' imprisonment for indecently assaulting girls under the age of 13. There were several cases. In January this year he was bound over to find a surety in the sum of £20, or in default six months', which sentence expires in a few weeks' time. This was for going to his second wife's fiat, smashing up everything, and grossly assaulting her. He has also written down to the country scandalising her. She is a most respectable woman from my inquiries.
Sentence, Two years' hard labour.
Prisoner released on his own recognisances in £25 and those of two sureties to the like amount to come up for judgment if called upon.
HALE, Clem (25, baker) ; forging endorsements upon certain orders for the payment of money, to wit, four bankers' cheques for £3 10s., £3 12s. 2d., £4 4s., and £3 18s., respectively, with intent to defraud.
Mr. Huntly Jenkins and Mr. R. D. Roome prosecuted; Mr. Allan Ramsay defended.
HERBERT FRENCH , flour merchant, 508, Commercial Road. Prisoner was my manager. He has been in my employment nearly two years. He kept all the books and a balance-sheet, and all cheques he was supposed to hand over to me. He had no authority to cash a cheque or to sign one in my name. I carry on business in the name of Lambert. I have a customer named Boreham. The endorsement on cheque for £3 10s. 10d. shown to me is in prisoner's handwriting. To the best of my knowledge up to December he had always paid in every cheque. (Ledger produced.) I remember speaking to prisoner about Boreham's account. The ledger purports to show Boreham as owing on December 19 £18 14s. 10d. I asked prisoner how it was he had allowed this account to get up so; he had no business to do it without consulting me. He then said Boreham was getting in his Christmas goods and was short of money for the time being, but the account would be all right. I told him to get the account reduced. I told him he was not to give him any more credit. The account after that represents Boreham as paying 10s. on December 23. It also represents that Boreham pays for his goods daily. (Witness explained to the Jury how the daily payments were made.) The book does not show that the cash for the £3 odd cheque is entered as a payment from Boreham. On December 19 Boreham was owing under £3.
Cross-examined. The book is wrong altogether; it does not agree with the ledger. Prisoner is reducing the fictitious balance by 10s. and 15s. a week after December 19. I am receiving that cash as per the cash statements. He is taking them out of other accounts, not out of his wages. He told me after he was charged that the position was owing to his foolishness in allowing customers to run up credit and not paying. As far as I know prisoner was not supposed to be Lambert. My own name is not on the shop, only the name I am trading in. Nobody from my head office ever deals with the customers; it is left to the manager. The previous manager changed a cheque which proved to be bad. I told him not to let it occur again. I do not mind whether accounts are paid by cheque or cash, as long as it is paid over to me. I would rather not have cash if I knew the man to be all right. I had not the slightest idea that prisoner was changing
cheques into cash and that he signed endorsements. It was done without my knowledge. He has never signed endorsements when I have been in the office checking the books. I have never allowed him to sign a cheque at all. I have never told him I would prefer cash. I only see customers in very exceptional instances. I did not know Mr. Boreham personally. I endorse cheques "W. Lambert," and they are paid into Barclay's Bank. I have six other shops, all run on pretty much the same lines.
Re-examined. Boreham was a good customer and was specially favoured as to prices. It was not suggested to me at the police court that prisoner endorsed a cheque in my presence. Prisoner was not responsible for small debts; he had no risk at all in that way. He received 30s. a week and commission.
BENJAMIN BOREHAM , 480, Cable Street. I used to pay Mr. French by cheque for my bread. Since July last I have paid weekly. I produce my book receipted by prosecutor's manager showing that I owe nothing. For the week ending December 19 I owed something under £3. I never owed anything like £18 for bread. I gave the cheque handed to me to prosecutor's roundsman for my week's supply of bread.
Cross-examined. I knew prisoner by the name of Hale. I presummed Lambert was the man I was dealing with. I did not know Mr. French at all by name till this case. All my dealings were with prisoner. He appeared to have authority to do everything in connection with the business.
(To the Judge.) I did not pay the sums of 10s. a week that are stated to be paid by me.
GEORGE GRACE , 508, Commercial Road. I am prosecutor's roundsman. I delivered bread to Mr. Boreham. He was in the habit of paying weekly; sometimes cash, sometimes cheque. The cheque shown to me was given to me by Boreham unendorsed. I gave it to prisoner.
WILLIAM CHAPMAN , 505, Commercial Road. On January 5 prisoner came in and showed me a cheque for £3 10s. He asked if I would cash it for him. I did so believing the endorsement to be Mr. Lambert's. It was duly honoured through our firm's bank.
Cross-examined. I did not know prisoner's name. Lambert was the name over the shop. I did not know Mr. French was the real proprietor. I was under the impression prisoner was Lambert.
Cross-examined. I cannot say he was taken aback when charged; he had other charges put against him, and he had made certain other answers.
The Jury found prisoner guilty of forgery, but not with intent to defraud.
Judge Rentoul held that that amounted to a verdict of Not guilty.
Prisoner was now charged with falsifying a certain book, to wit, one ledger, and certain papers, to wit, three weekly statements, the goods of Herbert French, his master, with intent to defraud.
HERBERT FRENCH , flour merchant, 508, Commercial Road. I carry on business under the name of "W. Lambert," and prisoner has been my manager at this shop for nearly two years. It was his duty to manage the shop generally and to keep a ledger showing bread delivered, money received, money owing by various customers, and also each week to make out a balance-sheet showing the amount of stock and hand the cash balance over to me. On December 19 I noticed that prisoner's ledger showed that a customer named Boreham owed £18 14s. 10d. I asked prisoner how it was he allowed the account to increase to such an extent without consulting me. I also told him he must get the account reduced and give no more credit. Since then it has been made to appear in the ledger that Boreham has paid daily for his bread, and that certain instalments have been paid off the amount he was supposed to be owing. I supplied bread at 4 1/2 d. pen quartern to three customers, Boreham, Martin, and Phillips, and to all other customers at 5d. per quartern. I produce prisoner's balance-sheet for the week ending February 6. That represents that he had sold during the week 6 1/2 sacks at 5d. and 6 1/2 sacks at 4 1/2 d.; 6 1/2 sacks represents 585 quarterns. I find from the books of the three customers mentioned that 375 quarterns only were sold at 4 1/2 d. in that amount he was supposed to be owing. I supplied bread at 4 1/2 d. per quartern. (Witness pointed out discrepancies in the accounts entered in the ledger and in the customers' books to the Jury.) Phillips actually owes nothing, and as he paid cash daily he should not have been entered in the ledger at all. It appears from the ledger that for the week ending February 6 Martin owed £6 18s., Boreham £14 9s. 10d., and Phillips £1 19s. 6d. As appears from the books of Martin and Boreham they were only owing for the week's bread. The balancesheet for the week ending February 13 shows sales of 6 1/2 sacks at 5d. and the same quantity at 4 1/2 d., but the customers' books show only 372 quarterns delivered, leaving 213 quarterns more in the ledger than in their books, the difference in money amounting to 8s. 10 1/2 d. The ledger for the same week shows arrears of £13 10s. owing from Martin, £13 14s. 10d. from Boreham, and £1 19s. 6d. from Phillips. The sheet for the week ending February 20 shows sales of 6 1/2 sacks at 4 1/2 d. and 6 1/2 sacksat 5d., but instead of giving out 585 quarterns he really gave out 376, a difference of 209 in quarterns and of 8s. 8 1/2 d. in money. In the ledger the amount shown to be owing for the week ending February 20 are Martin £10 2s., Boreham £12 4s. 10d., and Phillips £1 19s. 6d. Fictitious credits have been put down to reduce debts which are purely imaginary. By the balance-sheet presented on February 6 prisoner makes it appear that the stock was 51 1/4; sacks at the commencement of that week, and 131/4; sacks being put down as used brings the stock down to 38 sacks, but Martin, Phillips, and Boreham did not have 6 1/2 sacks that week, but only just over four
sacks. The system of defalcation had been going on for months. I spoke to prisoner again about this matter on February 20 after he alleged there had been a burglary. His statement. was that when he went to bed the previous night he left the cashbox in the shop parlour with the week's takings in it, amounting to £17. I again spoke to prisoner about his accounts being wrong after I had had a report from the detectives. He could not give me any explanation. He said he had been keeping a servant and had lived too expensively; he had also been too liberal to some of the customers, and practically he admitted he had been using my money. He never disputed that he had had the money. I was present when he was charged.
Cross-examined. I discovered in January that prisoner's accounts were wrong, and his father-in-law paid £10 to make up the shortage. The previous manager of this shop was with me nearly 10 years. His name was Hill; he is still a customer of mine; I supply him with flour and have a good opinion of him. There was never a halfpenny wrong in his accounts all the time he was with me. I knew prisoner was a working baker and had been in the army. I went down to see his former employer at Hornchurch, and was given to understand prisoner had kept the roundsman's books. I cannot say whether prisoner had ever kept books like these before. I do not consider this system of book-keeping intricate; it is very simple. I am aware that my own accountant said that the system was intricate, but his opinion differs from mine. When I asked prisoner why he had given Boreham such long credit he said Boreham was getting in his Christmas goods and wanted money just for the moment, but he was all right and would settle up. I thought that a very reasonable explanation. I did not then examine the other accounts and did not have the customers' books in. I do not recollect that prisoner told me in January that he had been giving credit to small customers, and had got into arrears through them not paying. It might have been difficult for him to refuse credit to small over-the-counter customers. The receipts in the customers' books are signed by Grace, the roundsman. It is impossible for me to check all these each week. I check the stock by going round the flour loft. The bags of flour are stacked against the wall, and there is no trouble in counting them. I have had this shop 18 years and never had a dishonest man like this before. The system of keeping the accounts has been in use all that time. In fact, that ledger came from the man I bought the shop of. We copied the greater part of the system from him., The sacks of flour are weighed as they come from the wharf. I have never checked those weights; I expect the manager to do that. The three customers at 4 1/2 d. are chandlers, and they have to buy to sell again. Prisoner had my authority to sell to chandlers at 1/2 d. under the ordinary price. What is sold over the counter is not booked; the money goes into the till as cash. Prisoner had no right to sell at 4 1/2 d. instead of 5d. without my instructions even if he thought it was for the good of the business.
Re-examined. Prisoner never suggested to me that he was selling bread at 4 1/2 d. to anyone besides Messrs. Martin, Phillips, and Boreham. The first time I heard that suggestion made was at the police court. With the exception of one or two mistakes in addition, prisoner's books were exceedingly well kept. I took stock after discovering the discrepancy in Boreham's account. On March 5, on going with my temporary manager to the flour loft, he called my attention to some sacks which were filled with sweepings, shavings, and other rubbish. These sacks were returned in the previous week as representing flour. When prisoner went in as manager the sacks were filled with flour. When I went to check the stock I could not see the dummy sacks, because they were covered up with the real flour.
ROBERT WILLIAM FINCH , accountant and auditor, 59, Bishopsgate Street Within. I have made an examination of the ledger of Mr. French for the period of six months. It shows 365 1/2 sacks to have been used. On making a comparison of the number of sacks shown by the ledger with that shown on the balance-sheets, I find a difference of 30 sacks. The ledger does not show the sales over the counter. I conclude that the 30 sacks are over-the-counter sales, which, for the six months, would work out at £2 3s. 3d. per week. I have made out a comparative statement of the amounts to the three customers mentioned from the ledger and their books. In the balance-sheet for the week ending February 6 the book debts appear as £66 12s. 43/4d. According to the customers' books the book debts should have been £40 0s. 63/4d. The book debts being represented as larger than they were there follows a deduction of £5 13s. 6 1/2 d. on the balance-sheet, that sum being deducted from the cash prisoner would hand over to his employer. Of course, the higher the amount on the books the smaller the amount prisoner would have to pay over to his employer.
Cross-examined. I regard the system of bookkeeping as complicated. When I stated at the police court, "The difficulty in this case is, to a certain extent, due to the complicated system of bookkeeping," I was referring especially to the return which has to be drawn up every week showing the business done. I do not consider it unreasonable to expect such accounts to be kept by a working baker. The form of the return is this: So much flour is in stock at the commencement of a week; so much flour is handed in to increase that stock; so much is used during the week for bread, and the difference at the end of the week is the amount of flour used or sold. Each sack of flour produces so many quarterns of bread, 90 quarterns being allowed for each sack of flour. A sack of flour, I believe, weighs 250 lb., but I am not an expert. Upon this basis my figures are correct.
Re-examined. The figures in the ledger, though in fact false, are correctly worked out. On the whole the ledger was kept fairly well.
EDMUND GILBERT . I am manager for prosecutor at 38, Amherst Road, Hackney. After prisoner left 508, Commercial Road I took over the temporary management. I made out a weekly balance-sheet for the week ending March 6, showing the quantity of bread sold at the higher price, and the quantity sold at the lower price. There were 33/4 sacks sold at 4 1/2 d. and 91/4; sacks sold at 5d. In the week ending
March 13 33/4 sacks were sold at 43/4d. and 91/4; sacks at 51/4d;. In the week ending March 20 there were 33/4 sacks sold at 43/4d. and 83/4 sacks sold at 5d. In the week ending March 27 there were 33/4 sacks sold at 43/4d., and 10 sacks sold at 5d.
CHARLES JAMES WOOD . I am now manager of the shop at 508, Commercial Road. In the week ending April 10 the counter sales amounted to £10 6s. 11 1/4d.; In the week ending April 17 the counter sales were £9 11s. 63/4d.; in the week ending April 24 they were £10 8s. 7 1/2 d.; next week £9 19s. 5 1/2 d.; next week £9 11s. 0 1/2 d. (Prisoner's average figure for the counter sales during six months was £2 3s. 3d. per week.)
Cross-examined. I found no difficulty with the books.
BENJAMIN BOREHAM , chandler, 480, Cable Street; FREDERICK JOHN BIRD , 42, Brook Street, Ratcliff, trading as "Martin"; and SARGENT PHILLIPS , coffee-house keeper, 583, Commercial Road, were called to prove the amounts entered in their books.
Mr. Ramsay said he admitted that prisoner's figures were not correct, but the whole question in the case was whether he made these wrong entries with intent to defraud.
GEORGE GRACE . I am roundsman for the prosecutor at 508, Commercial Road, and used to deliver bread to Boreham, Martin, and Phillips. I entered the bread as delivered in the customers' books, and, at the end of the week the books were added up and the totals entered by prisoner. Some little time ago prisoner asked me to ask Boreham to pay by cash instead of by cheque, the reason he gave being that Mr. French did not like taking cheques.
Detective-sergeant FREDERICK GOODING . On March 1 I arrested prisoner at his shop. On February 24 he had reported an alleged burglary. I told him I had found out that all his accounts were wrong and he replied, "You are making a great mistake; I am sure they are not." I said, "Mr. Boreham, according to your book, owes £11 9s. 10d.; Mr. Boreham says he owes nothing, but has paid every week. Miss Featherstone, according to your book, owes £2 16s. 3d.; she says she owes you nothing." Prisoner then said, "I admit I had Boreham's money, but I made up other accounts with it. Miss Featherstone owes the money. There is a new manager there now and they owe for a month's bread. I have lived beyond my means. I have had a lot of trouble. We used to keep a servant; I discharged her. There is no other account wrong I will take my oath. I paid. artin's with money I got from Charing Cross Bank." Prosecutor told prisoner he should charge him. Prisoner replied, "Do not do that; I will pay you back." I found Boreham's book in a copper in the kitchen. Next morning at the police court I told prisoner I had made further inquiries and seen Mr. Phillips. I said, "He says he owes you nothing." Prisoner said, "That is quite right; I have had the money." On March 10 he was charged with the embezzlement of three sums—8s. 9 1/2 d., 8s. 10 1/2 d., and 8s. 8 1/2 d.—and with falsification. To that charge he said, "I plead guilty of embezzlement."
Cross-examined. I explained to him what embezzlement meant.
CLEM HALE (prisoner, on oath). I entered prosecutor's employment as stated about two years ago. My wages were 30s. a week and a house and coal. It must be 18 months since the accounts started to go wrong. That came about through me giving credit to the customers. I never received the money. The money I received from these other accounts I paid in to cover up the debts of those I had given credit to, not putting one penny into my own pocket. During all this period I have had none of this money for my personal use. I have made many efforts to make up these bad debts. We got rid of the servant to whom I was paying 4s. a week, which my reserve money from the army covered. When Mr. French spoke to me on December 19 about the balance due by Boreham I told him I was short in my books through giving credit, and asked him whether if he received £10 on the following Saturday he would be satisfied. My father-in-law wrote him to that effect, and he said he would be, and would not discharge me if he received the £10, which he did. Mr. French did not go into the books and examine them at that time. As to how he arrived at the deficiency of £10, that is what I made it, and as far as I know £10 was all that was due for arrears at that time.
Cross-examined. I knew I had made mistakes in my books; they were not innocent mistakes; I knew I had done it. I purposely "cooked" the books. I do not want to alter that answer. The statement to Mr. French on December 19 that £18 14s. 10d. was owing on Boreham's account was a lie. It was a lie to say that Mr. Boreham was getting in his stock for Christmas and was short of money. Mr. French told me to get the account reduced. I did not afterwards enter fictitious credits to Boreham, but paid the money out of my own pocket. I was afraid to tell Mr. French I could not get cash from some of the other customers, for fear, having a wife and family, of. being thrown out of employment. I did not tell Mr. French that money was owing by customers because I hoped to make it up out of my own pocket without him knowing anything about it, though I had nothing beyond my 30s. a week and reserve pay, which amounts to £2 6s. per quarter. I was putting down in the ledger arrears which did not exist. I put down in the accounts that I was supplying more than I did supply. I was not selling the difference and putting the money into my own pocket. I never put a penny in my own pocket. I know that the difference between 4 1/2 d. and 5d. comes to the sums that I am charged with embezzling. I heard the police officer say that I said I pleaded guilty to the charge of embezzlement. I said that on his advice that if I did that I should get off the other charges. I altered that plea on the advice of my solicitors. When I said I was guilty I was speaking the truth in one sense. I said I was guilty of embezzlement but not of putting the money in my pocket. That is what I told the magistrate at the Thames Police Court, I did not say to Sergeant Gooding, when he said that my accounts were all
wrong, that he had made a mistake. I knew perfectly well that they had been wrong for 18 months. I told him that lie to shield myself. (Prisoner also admitted the remainder of the statement made to the officer.)
Re-examined. I was supposed to take my 30s. a week out of the till. I have never taken more than 30s. a week out of the till for wages. My wife gets no money from my father-in-law. I repeat that I have never had any of this money which is in arrear.
To the Court. I heard Mr. French speak about the sacks filled with shavings, rubbish, and so on, put in amongst the sacks of flour. The sacks of flour were short when I went there. When I went there the flour was so packed up that I was deceived in it, and the man who was there at the time told me that the former manager had taken enough flour away to stock a ship. I at once made investigations and found the flour bags had been tampered with, and I found a considerable lot short, and I thought of a plan how best I could make up the proper stock. I thought if I mentioned it suspicion would fall on me of having done away with it.
Mr. Huntly Jenkins reminded the Court that prisoner was charged on the previous Friday on a charge of forgery and acquitted. The whole facts could not then be put before the jury on the statement of counsel as some of the facts would not be evidence on the forgery charge. The charge of embezzlement was covered by the case just investigated, and there was a charge of stealing the money, some £17 which prisoner had endeavoured to account for by the bogus burglary. The serious part of the case was that the defalcations had been going on for many months, and as far as could be made out amounted to about £70.
Sentence, Six months in second division.
BEFORE THE RECORDER.
(Monday, May 24.)
WOODWARD, Alfred Augustus (46, agent) ; feloniously uttering, knowing the same to be forged, a certain forged order and request, for the delivery and transfer of 500,000 barrels full of fun, with intent to defraud; uttering a certain forged letter with intent to defraud; obtaining by false pretences from James Graham the several sums of £4, and £12 10s., £5, £8, and £8, certain valuable securities, to wit, two banker's cheques and orders for the payment and of the value of £8 and £8 respectively, in each case with intent to defraud.
Mr. Bodkin and Mr. W. H. Leycester prosecuted; Mr. Travers Humphreys defended.
Prisoner pleaded guilty of feloniously uttering, and that plea was accepted by the prosecution.
Sentence, Six months' imprisonment, second division.
BEFORE JUDGE RENTOUL.
(Monday, May 24, and Tuesday, May 25.)
Mr. Barrington Ward prosecuted; Mr. J. D. Cassels defended.
Verdict, Guilty, with a strong recommendation to mercy.
Judgment postponed to next Session.
BEFORE MR. JUSTICE DARLING.
(June 8, 1909.)
BOULTER, Harry, who was convicted at the February Session of 1908 (see Vol. CXLVIIL, page 511), of "speaking blasphemous and profane words to people in a public place," and who was then released on his recognisances in £50 to come up for judgment if called upon, after giving the following undertaking: "I do hereby express my sincere regret for the utterance of the expressions attributed to and found against me, and I promise that I will not at any meeting in public attack Christianity or the Scriptures in the language for which I have been found guilty, or in any similar language, or in any language calculated to shock the feelings or outrage the belief of the public," was brought up for judgment, on the allegation by the prosecution that he had broken his undertaking by since repeating the offence.
Mr. Bodkin appeared for the prosecution; Mr. F. S. Cooper for the prisoner.
Police-constables CECIL SMITHER , 703 W, and PETER REDMOND , 347 H, and Inspector SIDNEY SMITH , N Division, proved a number of speeches made by prisoner at public meetings. Mr. Justice Darling, having perused the transcripts of the speeches, held that they were undoubtedly blasphemous, profane, and indecent.
Mr. Cooper, having cross-examined the officers and the case for the prosecution being closed, said that at this stage, as the prisoner's views and his own differed as to the line which should be adopted, he with drew from the case.
Prisoner then addressed the Court, denying that the speeches he had made constituted any breach of his undertaking. In reply to his lordship, he refused to give an undertaking not to repeat speeches of a similar description.
Sentence, One month's imprisonment.
BEFORE MR. JUSTICE DARLING.
(Tuesday, June 8.)
STEVENS, Charles Richard (58, solicitor), and SUMNER, Frank Holme (45, merchant) ; both conspiring together by false pretences to obtain and acquire to themselves of and from such of His Majesty's liege subjects as should be thereafter induced to advance money to the said Frank Holme Sumner upon mortgage of certain estates of which the said F. H. Sumner was tenant for life divers large sums of their moneys with intent to defraud them of same; both obtaining by false pretences from Charles Thomas Orford banker's cheques for £150 and £750 respectively and those sums in money, and from Isabella Mary Nancy Wimberley a banker's cheque for £700 and that sum in money, in each case with intent to defraud; Stevens being a "trustee of certain property—to wit, £3,805 9s. 9d., on an express trust created by a deed for the use and benefit of certain other persons did unlawfully with intent to defraud convert part of the said property—to wit, £800—to and for his own use and benefit, and to and for the benefit of a person other than the beneficiaries specified in the said deed; Stevens being trustee of certain property—to wit, £5,687 4s. 7d., on an express trust created by a deed for the use and benefit of certain other persons, did unlawfully, with intent to defraud, convert part of the said property—to wit, £600, to and for his own use and benefit and to and for the benefit of a person other than the beneficiaries specified in the said deed; Stevens, being a trustee of certain property—to wit, £16,025 11s. 1d., on an express trust created by a deed for the use of certain other persons did unlawfully, with intent to defraud, convert parts of said property—to wit, £600, £400, £770, £2,000, and £12,370 respectively to and for his own use and benefit and to and for the benefit of a person other than the beneficiaries specified in the said deed; Sumner, aiding and abetting Stevens to commit the same misdemeanours; Stevens having received certain property—to wit, the sum of £2,965 17s. 6d., for and on account of Henry Blomfield Kingscote, unlawfully did fraudulently convert part of the said property—to wit, £2,600, to his own use and benefit and to the use and benefit of a person other than the said H. B. Kingscote—to wit, the said F. H. Sumner; Sumner, aiding and abetting Stevens to commit the said misdemeanours; Stevens, having been entrusted by Isabella Mary Nancy Wimberley with certain property—to wit, a banker's cheque for the payment of £700 in order that he might apply the proceeds of the said property for a certain purpose, afterwards unlawfully did fraudulently convert the proceeds of the said property to his own use and benefit, and to the use and benefit of a person other than the said Isabella M. N. Wimberley—to wit, the said F. H. Sumner; Sumner aiding and abetting Stevens to commit the said misdemeanours.
Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. Clarke Hall and Mr. Barrington Ward defended Stevens; Mr. Rufus Isaacs, K. C., M. P., Mr. Curtis Bennett, and Mr. Ronald Crookshank defended Sumner.
Mr. Muir opened the case for the prosecution.
(Wednesday, June 9.)
Colonel HENRY BLOOMFIELD KINGSCOTE , 14, Walpole Street, S. W. Down to 1906 Stevens' firm acted as my solicitors; in December of 1905 they received certain moneys on my behalf in connection with the Bloomfield estate; I left in their hands a balance of £2,600; Stevens said he would invest it for me in a mortgage at 4 1/2 per cent. Subsequently I received an equitable mortgage to me from Sumner upon his interest in the New Haw estate. I have never received back my £2,600.
Cross-examined by Mr. Rufus Isaacs. Stevens and I have known each other all our lives; his firm occupied a highly respectable and responsible position. I left my affairs entirely in his hands.
Miss ISABELLA MARY NANCY WIMBERLEY . Stevens was for a considerable time my mother's solicitor. In June, 1907, I saw him as to investing £700 for me; he said he knew of a good investment, and I gave him a cheque for £700, and subsequently a further £200. I eventually received a mortgage to me from Sumner of his interest in the New Haw estate, subject to certain prior charges.
Colonel TURVILLE DOUGLAS FOSTER , St. James's Court, S. W. I was one of the trustees under the marriage settlement of Mr. And Mrs. Cameron, Stevens being another trustee; the property, the subject of the settlement, was invested in English and Colonial Railway and municipal stocks. In 1904 Stevens suggested that some of these stocks should be sold and the money invested on mortgage, as it would be fetching a higher rate of interest. He recommended that we should take a mortgage on the New Haw estate, which was worth about £30,000; he gave me to understand that there was no previous charge on it. I assented, and we advanced £2,530 of the trust money on the security of Sumner's interest in that estate; later there were further advances on the same security of £1,670, £8,000, and £170. In 1907 I wished to give up my trusteeship, and requested Stevens to call in these mortgages. I did not know that Sumner had at that time become bankrupt. Stevens was my
co-trustee, and solicitor to the trust, but he did not tell me of Sumner's bankruptcy. In October, 1907, I had a long interview with Stevens; I told him it appeared that Sumner was only a life tenant of the New Haw Estate, and asked him whether in the event of Sumner's death we could get back our loans by selling the estate. Stevens replied that we had power to charge the fee, and in support of that he would produce the Sumner deeds and also the surveyor's certificates showing that all the money advanced by us had been expended on improvements to the property. On my telling him that he had assured me on more than one occasion that the mortgage we held was a first charge, he replied that I must have misunderstood his meaning, as the fact that we held a second charge on one part of the estate and a first on another was clearly stated in the deed. I asked what was the amount of the prior charge; he said it was £2,600. I told him that Mr. Hopwood (a solicitor acting for me and the third trustee) had advised that we had no power under the settlement to advance money on a second charge; Stevens said he entirely disagreed. He went on to explain that we held a first mortgage on the house and grounds, about 40 acres, and a second charge on the farm lands, about 280 acres; that he had the valuator's certificates assessing the value of the house and grounds at £10,000 and of the farm lands at £20,000. Finally, he agreed to take immediate. steps to call in the mortgages and realise the £12,000 we had advanced. I have since then. handed over my trusteeship to the Public Trustee; so far as I know no portion of the money advanced, has been repaid. The total sum of £164,951 12s. 1d. was realized by the sale of the original Cameron investments; no portion of this has been paid to the trust.
Cross-examined by Mr. Clarke Hall. I know now that the mortgage deed disclosed the fact that there was a prior charge. I do not know whether in fact Mr. Jones, the surveyor, had valued the estate at £30,000. I am quite sure that Stevens did not inform me of Sumner's bankruptcy.
Cross-examined by Mr. Rufus Isaacs. I never had any communication with Sumner. I had no reason to doubt Stevens; I had absolute confidence in him; practically he alone administered the affairs of the Cameron trust.
CHARLES THOMAS ORFORD , of Wordsworth, Blake and Co., solicitors. In June, 1904, Stevens called on me with reference to a loan for Sumner. He stated that Sumner, as tenant for life of the New Haw Estate, had £2,000 or £3,000 due to him for expenditure made on permanent improvements, that there was no existing charge on these payments, and that he desired to borrow on that security £1,000. Believing these statements I made an advance of £900, taking therefor a charge for £1,000. Later, Sumner requested a further advance, saying that further certificates of expenditure could be produced which would show a good security, and again assuring me that there were no prior charges; I accordingly advanced a further £1,000. Neither loan has been repaid.
Cross-examined by Mr. Clarke Hall. The advances were made against specific certificates, which were deposited with me.
Cross-examined by Mr. Rufus Isaacs. I had known both defendants for some long time. I trusted Stevens implicitly. I feel certain that at my interview with Sumner I asked him whether there were any prior charges, whether this second advance was to be of a similar nature to the one granted before, and he replied certainly, of exactly the same nature.
CHARLES ROBERT HUTCHINGS COOPER , an examiner in the department of the Official Receiver in Bankruptcy, Carey Street, stated that he had been engaged in the investigation of the bankruptcy of the defendant Stevens, and during the course of that investigation he also had to investigate various matters in bankruptcy of the defendant Sumner. (Witness proceeded to give particulars of various letters and documents which are exhibits.)
Mr. Justice Darling observed that there were 140 exhibits, and asked Mr. Muir if it was necessary to prove all of them.
Mr. Muir; Yes, of course these are selections from a very much larger number. Mr. Rufus Isaacs: I know it is contrary to the practice in this court to make admissions, but we very often do it in other courts. I am anxious to save time as far as possible and to save reading a great number of documents. Anything that can be admitted by reference to one or two documents I am quite prepared to admit—so long as we get sufficient before the jury.
Mr. Muir suggested that without contravening the practice of the Court, the witness producing certain exhibits and identifying them by number, as both parties had copies anything material to either side might be read.
Mr. Justice Darling, referring to the difference between civil and criminal procedure, said the rule was still exactly what it always was, but now, if anything was done not absolutely according to strict rule, there was a proviso in the Criminal Appeal Act to obviate any harm being done.
Mr. Isaacs suggested that samples of the documents should be taken. In civil as well as in criminal cases there was an objection to putting in a large number of documents.
Mr. Justice Darling said he had interposed because one could only bear in mind a certain number of documents and if the really important ones were mixed up with 20, 30 or 100 unimportant ones, the really important ones would not attract much attention.
(Thursday, June 10.)
Cross-examined by Mr. Rufus Isaacs. My knowledge of these matters is simply such knowledge as I have acquired from the entries in the various books and the documents. As the result of my investigation of Stevens's affairs, I have reason to believe that several of his clients placed implicit confidence in him and that he managed their affairs entirely, not only advising them on legal matters, but also acting with reference to the moneys they had to invest. I have had a considerable number of cases to inquire into of complaint by clients who had entrusted moneys to him to invest. If Stevens advanced money to Summer from time to time the money he so advanced may have been the money of Stevens's clients.
Mr. Clarke Hall thought at this stage he ought to object on behalf of Stevens to this line of cross-examination. The effect of the questions Mr. Rufus Isaacs was now putting was to favour the prosecution as against Stevens.
Mr. Justice Darling said he could not stop Mr. Isaacs. So far as he understood, the questions meant that someone employed Stevens as solicitor; trusted to him to manage his affairs and took his word that they were being properly managed, and that therefore if there was fraud it was the fraud of Stevens, not the fraud of Sumner. This was a perfectly legitimate defence.
Mr. Clarke Hall agreed, but when Mr. Isaacs went on to ask further questions about further transactions, that was seriously prejudicing Stevens.
Mr. Justice Darling expressed the opinion that Mr. Isaacs was perfectly entitled to do it, because he was going to found upon the cross-examination the argument that Stevens deceived Sumner because other people in the same position as Sumner had also been deceived. To take a concrete case—Mr. Isaacs had not asked about it-could anybody suppose for a moment that the Cameron trustees ever expressed satisfaction with what was done with their trust?
Mr. Clarke Hall: If witness is in a position to say that he knew any particular facts of his own knowledge the questions might be admissible; but when my friend in cross-examination is only suggesting to him things which he does not know the only effect. I submit, can be to prejudice my client.
Mr. Justice Darling: It is not the prosecution who is asking it but another defendant asking it in his own defence, and self-defence is the first law of nature.
Mr. Rufus Isaacs. It was opened by the prosecution that Sumner had instigated Stevens to do these various things, One point I am seeking to establish is that Stevens was doing things of this kind with regard to other estates before Sumner came upon the scene at all.
Mr. Justice Darling. Mr. Clarke Hall, you will be entitled in your address to the jury to point out any grievance which you consider it imposes upon your client, but I can only go according to the rules of evidence, and I cannot stop it. Selfdefence is recognised not only in law, but recognised in morals as entitling a man to do a great many things which he would not be justified in doing under other circumstances, and in my opinion a prisoner acting in self-defence is entitled to do a number of things which the prosecution may not be entitled to do in regard to his fellowdefendant.
Cross-examination resumed. The result of my investigation of Stevens's affairs did not involve Sumner. (Witness was further cross-examined at length upon the details of the accounts relating to the various charges against prisoners.) At the police-court, as the result of my evidence, certain of the charges originally made against Sumner were dropped. Stevens proved in Sumner's bankruptcy for £1,483.
(Friday, June 11.)
CHARLES R. H. COOPER , recalled. Re-examined. At June, 1907, the date of Miss Wimberley's mortgage, Sumner had been bankrupt, and therefore, whatever was Sumner's interest in the New Haw estate, it had vested in his trustee.
Mr. Rufus Isaacs said this would depend on the documents. Very often in the case of settlements the property was vested in the trustees in their sole discretion, and would not pass to the trustees in bankruptcy.
CHARLES ESSINGTON ROBERTS , a chief examiner in the Official Receiver's Department. I was engaged in the investigation of the affairs of Sumner in his bankruptcy. The receiving order was made on July 5, 1906. and the adjudication was on July 16. The, statement of affairs showed gross liabilities £70,644, gross assets £2,000, liabilities expected to rank £48,035, estimated deficiency £46,813.
There were disclosed no liabilities to the Cameron trustees, to the Elton trustees, or to Miss Elton. Of these liabilities I only heard in the course of Stevens's bankruptcy. In November, 1906, Sumner received a conditional discharge, subject to his consenting to the entry of a judgment against him for £5,000, £1,000 to be paid to the trustee within seven days, and the balance by yearly instalments of £500. I produce Sumner's private cash book. Under date September 1, 1904 (the date of the Elton trustees' mortgage), is an entry, "Received from C. R. Stevens £1,070," and on the following day a further £130. On December 3, 1904 (the date of the first Cameron mortgage), there is an entry of the receipt from Stevens of £800. I also produce the New Haw improvement account from Sumner's cash-book; it records payments on improvements from April 9, 1902, to May 30, 1906, totalling to £8,786. I cannot say how much of that amount is covered by certificates. The date of the last certificate is March 25, 1904.
Cross-examined by Mr. Rufus Isaacs. All the information I required in his bankruptcy Sumner gave me willingly, straightforwardly and honestly. The transactions, the subject of this prosecution, were disclosed in his statement of affairs. As to the conditional discharge, the £1,000 payable was duly met; when the first £500 instalment became due, it was not met; an inquiry was held by Registrar Linklater, and he was satisfied that the debtor had done all he could; that result stays any further receiving order. There are entries in Sumner's books detailing the actual expenditure on improvements to the New Haw estate; from September, 1898, to March, 1904, certificates had been given to the amount of £11,455; since then £3,350 has been expended for which there are no certificates, and for a purpose to which the certificates do not extend. I do not remember Sumner telling me that he accepted full responsibility for anything that appeared in his own books, but it is a long time since I took his examination; I can hardly remember it. In the case of Remer and Fiske, unless I were satisfied with the explanation of the debtor I should of course call upon the creditor. If the creditor's proof agreed with the statement of the debtor I should not of course trouble him further.
ARTHUR PIERRE RICHARDS , solicitor and clerk to Messrs. Hammond and Richards, Lincoln's Inn Fields. In September, 1903, my firm was acting for the Eagle Insurance Company. I produce the charge which has been already spoken to, and two certificates numbered 58 and 59. No 58 is dated December 31, 1902, and is for £1,200; No. 59 is dated June 13, 1903, and is for £1,411 4s. 11d. My firm still holds that charge, and those securities on behalf of the Eagle Insurance Company. The loan of the Eagle Insurance Company secured by that charge has never been repaid.
To Mr. Rufus Isaacs. A policy of insurance taken out as additional security has lapsed, the premiums not having been paid.
Tidy as security for the amounts advanced upon it. No. 55 was for £456 and No. 57 for £1,294. The loans by Mr. Tidy are still unpaid.
WILLIAM ROBERT FREEMAN , managing clerk to Messrs. Wontners, solicitors, Bedford Row, stated that his firm acted for Mrs. Bunnett's trustees, and he produced a document and certificates numbered 62, 63, and 64, dated March 25, 1904, respectively for £300, £400, and £500. The £1,000 advanced by the trustees had never been paid off.
WILLIAM GEORGE JONES , architect and surveyor, Broadway, woking. I have from time to time been employed by the defendant Sumner to survey improvements upon the Sumner Estate, beginning in the year 1895. Exhibit 4 is a bundle of certificates granted by me down to September, 1906, numbered consecutively 1 to 41. Each certificate bears on the back of it a receipt by Sumner for the money represented on the face of it, the total being £11,380. I subsequently issued certificates numbered 42 to 64 inclusive, representing a total of £11,455 7s. 11d. After I had issued some of these certificates I saw Sumner, who asked for copies of certain of the certificates. I think this was in January, 1904. The numbers he mentioned were, I think, 42, 43, and 44. He said they had been mislaid by Stevens, and it was necessary they should have them so as to keep them for reference. I said it was a most unusual thing to give copies of certificates. He assured me everything was all in order, and, on the strength of what he told me—I trusted Sumner with every confidence—I issued the certificates. I did not mark them "Copies," as Sumner requested that they should be executed the same as the others. After that he came for other copies of certificates. I asked him if I should mark them "Duplicate." He said "No." When I sent the copies to him they were on a different form. I asked him if the originals would be destroyed. He said, "Yes, when we find them." On January 30 I wrote to Sumner enclosing three fresh certificates in exchange for those" returned cancelled. "By" return cancelled "I meant to explain that I had cancelled the former ones. The letter concluded," Upon receipt of necessary particulars I will issue the further certificates required. I enclose document as arranged. "The document referred to was a promissory note in my favour for £100 which I enclosed for Sumner's signature, and was in payment of my fees as surveyor of the estate. I do not know why the trustees did not pay it. All the fees I received were paid by Sumner. He replied enclosing the bill of exchange and asking if I had a book of certificates with yellow forms. On August 12, 1904, I made a valuation of the New Haw Farm Estate at the request of Stevens. I valued the estate at £30,000, independent of any charges upon it. Later on I issued further duplicate certificates, a complete set from 42 to 64. I produce the counterfoil books from which the original' and duplicate certificates were taken. I cannot tell which are the originals and which the duplicates. Neither set of the counterfoils is marked "Cancelled. "I cannot give any explanation of why I omitted to do so. I saw Stevens, I think, twice during the 13 years over which the
transactions connected with the estate extended. In all I gave 23 duplicate certificates. Sumner told me that Stevens had got his papers in such a muddle that he did not know where the certificates were, and it was absolutely important that they should be filed and be in sequence. I thought it was a feasible thing for him to say, and that everything was all in order. I did not know that money had been received on these certificates until later, when I had a communication from Messrs. Leman and Co. I heard of Sumner's bankruptcy at the end of 1907 or the beginning of 1908. When I received the first letter from Messrs. Leman and Co. I sent it to Sumner and asked him to give me some explanation of the matter. In his reply, Sumner said, "The only way is for us to keep in close touch in all these matters and not act the one without the other," and after taking legal advice he drafted an answer for me to send to Messrs. Leman and Co. He also wrote to me, "Do not write anything to any of these people without letting me know, as we must defend ourselves in a united manner." With regard to a letter I subsequently received from Stevens about the certificates, Sumner told me I was not to answer it; Stevens had got himself into a mess, and there was no necessity to. Stevens was one of the trustees of the estate who had appointed me surveyor to give the certificates. I remember going to Dartmouth Hall, which is Sumner's office, and there seeing him and a Mr. Newman, who was formerly a clerk in the employ of Stevens. In the course of conversation I said I had received this letter from 'Stevens, and I asked what reply was I to make to it. Sumner said, Nothing; do not reply at all. Stevens has got himself in a nice old mess. "As I considered Sumner to be my client, I was, of course, guided by what the told me, therefore I did not reply to Stevens's letter. I do not think I had any further application from Stevens about the certificates. Sumner subsequently wrote to me. "In all this position we must move together." By that I understood that he was trying to make out I was party to what was going on—something I knew I was absolutely innocent of. In February, 1895, I saw Sumner at New Haw. He told me the certificates had been mislaid; a sort of excuse wag given me for asking for copies. I had with me my counterfoil books. Twelve duplicates were given an that occasion. Others were given on January 23 and February 13, 1906. The last were handed to Sumner at Queen Anne's Gate. He said, "This completes the whole lot; we have the duplicates now, all of them; they are all in order." I said, "Yes, it is so." Sumner renewed the promissory note on several occasions. I think it was for £105 in the first instance, and it got down to £50; it has not been cleared. I did not prove for it in his bankruptcy owing to a letter I received from him.
Cross-examined by Mr. Clarke Hall. It is correct that I had only seen Stevens on two occasions in the course of 13 years. Both those occasions were before I had given duplicate certificates. The only communication I have had with Stevens with regard to duplicate certificates was on June 12, 1908, when he wrote and asked for an explanation. The New Haw Farm Estate was divided into two
parts: one part consisting of about 30 acres was occupied by Sumner himself and the other part was occupied by a Mr. Vincent. I valued the two portions of the estate separately. With regard to the house occupied by Sumner, nearly all the improvements were with reference to the house, lands, and cottages. In my own view as a land surveyor, something over £22,000 had been properly expended on that part of the estate alone, and that part of the estate I valued when I came to give my valuation at £10,000, although £22,000 had been expended upon it. I thought my valuation to be a fair valuation taking the estate as a whole. The old farm house had been practically turned into a decent country gentleman's residence, with new stabling, coach house, bathing house and boat house, and there was the making of carriage drives and other improvements. The greater part of the £22,000 had been expended on the part I valued at £10,000. I knew the valuation I made was for the trustees and for the purpose of raising money on the estate.
Cross-examined by Mr. Ruins Isaacs. I came into communication with Sumner in 1895. That was when his father died and the defendant came into the life estate. The property was then in a deplorable condition. The residence was then an old farm house. Sumner proceeded to spend money on it and turn it into a residential mansion. (Photographs of the premises before and after alteration or improvement were exhibited to the jury.) Sumner took great pride in the place and spent a great deal of money on the house and stables. He also made cricket and polo grounds. In my valuation I valued the house, stables, and ground, including the cricket and polo grounds, boat house, pavilion, etc., standing on about 20 acres, at £9,500. Most of the money was spent between 1895 and 1904. After 1904 some £3,000 was spent upon it. The farm buildings, arable and pasture land, cottages, etc, in all about 262 acres, I valued at £14,000. Two pairs of semi-detached cottages, a block of six cottages, including about eight acres of building land fronting the main road, I valued at £6,500. The valuation does not 'include "The Hollows," which is at Chertsey. The other property is in Addlestone parish, "The Hollows" was not part of the New Haw Farm Estate, and I never valued it.
To Mr. Justice Darling. Though the improvements did not increase the value of the estate, I considered they were improvements of a permanent nature, and that money was being judiciously and properly expended. If Sumner had chosen to paint the house with 100 coats of paint I should not, of course, have allowed the value of the 100 coats as improvements. In valuing the estate as a whole I took into consideration that £22,000 had been spent upon it. I did not begin by assuming that because £22,000 had been spent on it it must be worth £22,000. If that money had not been spent the estate would have been worth £10,000 or £15,000. I will admit that the money spent on the estate did not improve it in value to the amount of money spent upon it.
Further cross-examined. The money was expended over the whole of the estate. There were roads to be made, drainage, fencing, trees
planted, and a proper water supply. I took into consideration that some portion of the estate, the eight acres adjoining the cottages, had building frontages of over half a mile to the main road from Addlestone into Byfleet. Altogether there were three periods, one in 1904, another in 1905, another in 1906, when requests were made to me to give duplicate certificates. The certificates sent to me to be cancelled were Nos. 42, 43A, 43B, and 44, 43A and 43B consisted of certificates which together made up the sum of £412, and, after the cancellation, they were made into one. The certificates I returned in place of those cancelled were a little different in form and colour. The old certificates were on paper of a yellowish colour, and the new were on white paper. Sumner returned the duplicates with the request that they should be on the same paper as the cancelled ones. As to the £100 bill given me by Sumner, he paid me in the ordinary course for my professional work, and I had had similar bills before. I do not know that the agent for the Law Life Assurance Society in 1906 valued the New Haw estate at £23,500.
(Saturday, June 12.)
JAMES JOHNSON , managing clerk to Park, Nelson, and Co., solicitors, produced a mortgage to Miss Elton for £1,700 and a mortgage to the Elton trustees for £2,620, upon the Sumner estate; neither of the sums secured had been repaid.
REGINALD BRAITHWAITE , clerk in the London and South-Western Bank, chief office. I produce a guarantee dated May 11, 1904, by Stevens and Theuron for a loan by the bank to Sumner of £1,000, and a charge dated May 25, 1904. The loan was effected through our Woking branch. A balance of £360 is still due on that loan. We did not prove in Sumner's bankruptcy.
To Mr. Clarke Hall. I believe this matter was carried out by Sumner personally.
WILLIAM SANDERS FISKE , solicitor, produced a mortgage dated May 10, 1905, to his client by Sumner securing the payment of £6,000; also a mortgage of April 4, 1906, securing to witness himself £723, paid on Sumner's account. At the time of the latter security witness procured a statutory declaration by Sumner as to the prior charges on the estate.
Cross-examined by Mr. Rufus Isaacs, witness said that neither Mr. Remer nor himself bad any complaint to make against Sumner; some of the advances had been paid off, and for the balance they had sufficient security left. When making the statutory declaration Sumner said, "If Stevens says it is all right, I am satisfied."
and papers; a great many had been previously taken by the Official Receiver; there is a vast litter of papers, and to find any one particular document would necessitate a long search.
Detective-inspector ERNEST THOMPSON , City Police, said that on arresting prisoners and explaining the charge, Sumner said, "This is all Stevens; he got me to sign the mortgages, but I did not have one penny of the money; he was my solicitor and trustee, and I trusted him implicitly." Stevens made no reply.
This closing the case for the prosecution, Mr. Rufus Isaacs made a number of submissions of law to his Lordship; in the result, as against Sumner, only the counts as to the Orford, Cameron, and Wimberley transactions were to be left to the jury.
(Monday, June 14.)
FRANK HOLME SUMNER (prisoner, on oath). I am 45 years of age. At the time of my arrest I was working on a process of printing and doing my best to get my living. I am the eldest son and heir of the late Captain Arthur Sumner, of Hatcham, Surrey, who died in 1895. In 1889 I commenced business as a stockbroker and became a stock jobber in 1892 as a member of Miles, Bros., and Co., which business I carried on alone from 1902, when the other partners retired. From 1892 to June, 1906, I resided at New Haw Farm. The estate was in a very bad condition—indeed, a ruinously bad condition. I made it into a residence with a mansion and everything of the attributes of a mansion; I erected six cottages and renovated four others. Between 1893 and 1903 I was earning a large income as a stock jobber and spent between £25,000 and £26,000 on permanent improvements to the estate, besides repairs. Up to September 29, 1898, I had received certificates amounting, to £11,380 (Nos. 1 to 41,) which was repaid to me from the estate; from that date till March 25, 1904, I expended £11,455, represented by certificates Nos. 42 to 64. From March, 1904, to June, 1906, I expended a further sum of £4,067, making in all a total of £26,962. I most certainly during that expenditure thought I was adding to the value of the property, otherwise I should not have gone on spending money upon it. I never dreamt of being made a bankrupt; my provable earning capacity was very large, as my daily profit and loss account shows. Had my creditors been patient with me 20s. in the £ would have been paid. The property was depreciated by the making of the Brooklands racing track and by being three times put up for sale; it realised a "knock-out" price. In 1884 my father introduced me to Stevens; this firm were acting for my father, for the Kingscote family, for my great aunt Lady Blomfield, and other members of my family as family lawyers, and I put my affairs in their hands. I
was very friendly with Stevens's father, and subsequently with prisoner Stevens. I placed implicit confidence in both. I have never asked Stevens for an account; he has never rendered me one, except a very short account showing how matters stood in 1895 at the death of my father. My affairs were left in his hands, except, of course, my own Stock Exchange business. All the money which came into my hands, whether from the business or from Stevens, is correctly recorded in my books. At my bankruptcy I told Mr. Roberts and Mr. Salaman, my trustee: "All that has passed through my books I am responsible for—it speaks for itself; whatever has gone through Mr. Stevens's books he is responsible for, and I refer you to him." I disclosed every transaction to my trustee, including the Orford, Remer, and Fiske, Madame Deschamps, and the Eagle Insurance Company's mortagages. Colonel Kingscote, who made me a bankrupt, is my mother's brother; why he is an enemy of mine I do not know. He has never given me a chance to explain matters, or I could have verified the facts which I state. I do not think Stevens's firm rendered any accounts to my father. During the period Stevens acted for me payments were constantly made to and by him on my account, running into large sums. In 1885 a deed of settlement was executed by my father and myself, under which at his death I became tenant for life of the New Haw Estate. By Clauses 24 and 25 of that deed I had power to spend money on permanent improvements which the trustees could pay out of the capital moneys in their hands whether certified by the surveyor or not. On November 14, 1900, the trustees executed the Agassiz mortgage on the fee of the estate for £560 to pay estate duty. I had no idea that Stevens as trustee had then £1,900 in his hands—I only discovered it in October, 1907, when Hopgood and Dowson wrote to me with reference to the Cameron trust. That was the first time in my life I had critically examined Stevens's accounts. In 1900 I checked with Dennett, Stevens's clerk, the account of payments made to me, initialling the amounts in a rough draft, which, in 1907, I discovered in the books in a very dilapidated condition, and on which I then based my investigation; I 'had not investigated any charges or checked any items. In October, 1907, my suspicions being aroused in reference to the Cameron matter, I went into the account. I found that in 1900 Stevens had £1,900 in hand; in 1903 it had increased to £2,804; in 1906 to £3,804; and, finally, to £3,919. I had no idea that any such money was in his hands. From 1903 to 1906 business was very bad on the Stock Exchange and was very difficult for a jobber. There were times when I was very hard pressed for money for settling differences on account days, which was absolutely necessary, or I should have been "hammered," declared a defaulter, and ceased to be a member. It was on those occasions that I wrote the letters to Stevens pressing for sums of money. I frequently got Stevens to give me contra cheques; my account was at Woking and my cheque would require three days to clear, whereas Stevens gave me a London cheque, which cleared immediately, giving me the benefit of the three days. By July 4, which is the first Orford
transaction, including Miss Elton's advance, £11,750 had been advanced That includes £1,700 said to have been advanced by Miss Elton, the document for which I signed in March, 1907. At that date Stevens told me that he had discovered a very extraordinary condition of affairs, that the had made an advance of £1,700, and that, as far as he could trace with his bookkeeper and amongst the securities, no security had been taken at the time. He pointed out that this omission must be made good, and he asked me to sign this document and to put on it the date when the advance had been made, which I did. Of course, I thought I had received credit for that amount, but I have since found that I never did. I absolutely believed what Stevens told me and made no inquiry into it at the time. I signed a shimilar deed with regard to Colonel Kingscote on January 30, 1906, for £2,600, the deed being dated December 8, 1905. At that time I asked Stevens whether I had a right to put the earlier date, and was told I had, because that was the date upon which the loan was made and the money sent to me. Both those documents were signed over an adhesive 6d. stamp. At that time I, was standing for Parliament at Devonport, and between December 8 and January 26, 1906, I was away from London. On my return Stevens said that the advance had been made, and he advised me to sign the deed. With regard to the deeds for loans amounting to £11,200, I am sorry to say I did not examine the documents as I should have done. I was actively engaged as a member of the Stock Exchange, and in 1904 was fighting a very important election at Chertsey. Mr. Orford is absolutely wrong as to what occurred with reference to the second Orford charge. He advanced £750 on the charge for £1,000. I paid St. Croix, a client of Orford's, a considerable sum out of it which I had owed for 11 years. There was no conversation about the details of the security. He said that he presumed it would go through Stevens, as before, and he said, "I suppose I shall see the certificates." I said, "Of course you will." Then he spoke about paying St. Croix off, and as to his (Orford) retaining an amount for his costs. No reference was made to its being a first charge. Then we spoke of his coming to the poll to vote, and I arranged to meet him by a certain train at Staines, which I did, and he did record his vote. The advances, including the second Orford transaction, amounting to £11,000, were then not as much as the certificates that I had got, apart altogether from the further moneys I had expended. Referring to the charge of. £2,530 of December 3, 1904, I had no knowledge at that time that Stevens was fraudulently converting trust money. I cannot remember signing the document; I relied upon Stevens; I kept no account of the charges that were made; anything that went through my books I hold myself responsible for; what had to do with Stevens went through his books and he must be responsible for. If he put a mortgage or charge before me to sign I signed it without knowing how many pre-existing charges there were. I was very busily, engaged on the Stock Exchange on my own business. I had no reason to believe that mortgages were being executed on a worthless security;
I was still expending thousands of pounds on the property; it was the last remaining hat of the estate. Before October 30, 1907, I knew nothing of the charge of April, 1905, to Bunnett's trust. I then saw it in the account. The document is signed not by me but by the trustees, and I have never seen it yet; I only knew its contents from seeing the exhibits; I had nothing to do with the transaction and. had no knowledge that my property was being charged with it. With regard to the Remer mortgage of May 10, 1905, for £6,000, Parker advanced £4,050 and £950, and the mortgage was given on the freehold as well as on the moneys coming to me from the trustees. I do not know where the money went. I had none of it. With regard to my statutory declaration of April 4, 1906, the draft was submitted to Stevens by Fiske, as is shown by the entries on Fiske's bill of costs. He asked me, "Do you know the contents of this declaration to be true?"I said, "No, I have got to trust my solicitor absolutely in the matter." Fiske then handed me a letter from Stevens stating what charges were outstanding, and upon that I signed the declaration. I had no reason to think it was other than true. Just before that the Law Life had looked into the title and ascertained the charges. The Law Life was proposing to advance £10,000 to pay off Remer and other mortgagees so as to concentrate the charges. I went round the property with their valuer, Wheatley, who valued it at £23,500. The matter was referred to Stevens, and he conducted the negotiation with the Law Life, who finally with drew. I talked the matter over with Stevens, and he suggested that he had a private client who would take the place of the Law Life, and I executed a mortgage to the Cameron Trust for £8,000 on May 13, 1906. (There is also a mortgage for £170 on the same date. I have no recollection what that was for. In February and March, 1906, I received £400 and £100 (Count 17). I had no knowledge where that money came from. I never knew that the £8,000 was paid by Cameron, or was debited to me in Stevens's books until my investigation in October, 1907; I did not have the money. I 'had £600 and £400, which I borrowed from Sir John Jackson, with whom I stood for Parliament for Devonport. The receipt of that money is now shown by my books, and was disclosed in my bankruptcy. The petiion against me was filed in June, 1906, and I got my discharge in November, 1906. I made full disclosure of debts, secured and unsecured, including Deschamps, the Eagle Insurance Company, Remer, the London and South-Western Bank, and Cameron, which last is entered in Stevens's handwriting (" £18,170 to pay off other mortgages"), Colonel Kingscote, Jackson, Tighe, and Aubert. I disclosed everything of which I had any knowledge. I was closely questioned in my examination about all the matters now alleged, and I gave all the information I possessed to Mr. Salaman, my trustee, also referring him to Stevens. I also explained to Mr. Whinney, the receiver of the Cameron Trust. I got my discharge on condition of judgment being entered up for £5,000; I paid £1,000 and agreed to pay the balance at the rate of £500 per annum. I was examined for an hour and a half before Mr. Registrar Linklater as to my inability
to pay the first instalment, and he was satisfied that I had done all I could. This was immediately before my arrest. With regard to the mortgage to Wimberley of June, 1907, for £1,000, the sale of the estate to General Steward for £15,000 had been agreed upon and a deposit of £750 had been paid. Mr. Newman, Stevens's confidential clerk, came to me with the Wimberley deed and said it was necessary to sign it for a temporary advance, which would be repaid immediately the purchase by Steward was completed. I signed it under those conditions. It is absolutely false to suggest that I was assisting Stevens to fraudulently convert that money. With regard to duplication of certificates, I never knew that such certificates had been pledged. I was told by Stevens that the certificates never left the possession of the trustees; they would simply be shown or copies given to mortgagees. In January, 1904, I asked Jones to exchange Certificates 42, 43a, 45b, and 44 for Certificates 42, 43, and 44, which he did, and the originals were cancelled. No. 42 was in a dilapidated condition; 43a and 43b were for small amounts and were put in one certificate—they have never been used to my knowledge. Thirteen certificates, Nos. 45—57, were different in form to the rest, being in the large form, and I asked Jones to remake them in the small form like the others. Jones acted absolutely honestly in the matter in doing what I requested; any blame rests upon me alone; I had no criminal intent whatever. With regard to Certificates 58 to 64, Jones gives his memory correctly, but he is incorrect in saying that it occurred in 1904 or 1905—it was in January and February, 1906. It is the fact, as I stated to Jones, that Stevens had told me that he had mislaid certificates. In March, 1906, Mr. Tidy told me that very serious questions had arisen as to whether the certificates pledged to him were duplicates; I replied that that matter could be easily settled by his asking Jones. An interview then took place between Tidy, Jones, and myself. Tidy showed Jones a certificate and said, "Is this a duplicate?" Jones understood him to say, "Is this duplicated?" and replied, "Yes." Tidy got very angry, and the interview was a very stormy one. From first to last throughout these transactions I have never had any intention to defraud anybody. Until my investigations at the end of 1907 I had no idea that Stevens was acting dishonestly.
Cross-examined by Mr. Muir. In my bankruptcy the total deficiency shown was £52,000. The principal items were: "Expenses incurred since January 1, 1902, other than usual trade expenses," namely, household expenses for self and wife, including political expenses, £24,255 "; "interests and discounts on loans, £9,652 "; "Trade losses" (since 1902) £9,800; "personal losses on the Stock Exchange £3,400." It is not correct to say that I was continually pressing Stevens to find money for me. I nave no books which enable me to show against what certificates the advance to Madame Deschamps was made. In 1907, when I gave the security to Miss Elton, I had been bankrupt; the document was antedated because Stevens told me that he ought to have taken it from me earlier, but had neglected to do so. I trusted Stevens implicitly.
(Tuesday, June 15.)
FRANK HOLME SUMNER , recalled, further cross-examined. In my bankruptcy I disclosed the Tidy mortgage and the London and Southwestern Bank charge. The latter was guaranteed by Stevens and Theuron. Theuron is my stepson. When documents had to be sent to him for signature Stevens mostly sent them to my address. Theuron lived with me from his boyhood till his marriage in 1904. Down to July, 1904, I had signed mortgages (apart from Miss Elton's) to the amount of £17,000. I had no idea of the value of the certificates that were pledged, or of the amounts actually due to me from the trustees; I trusted implicitly to Stevens. With regard to the second Orford transaction, I personally asked Orford to make the further advance. He said he would, and that he would carry out the arrangement with Stevens as before; I did not tell him that the security would be the same as before, nor that there were no prior charges on the property. I did not know of the Elton Trustees mortgage until October, 1907. The document bears date September 1, 1904; I certainly signed it, but I did not know to whom I was giving it, nor the amount; the same answer applies to the first and second Cameron charges. I have no other explanation to give; I am sorry; I am culpable, but I am not criminal in the matter. I first heard of the Kingscote mortgage in January, 1906; I am certain it was not signed on the date it bears, December 8, 1905. I knew absolutely nothing about the Bunnett charge of April 19, 1905. Notwithstanding my bankruptcy, I believed that I still had the benefit of my life interest in the New Haw Estate. The Wimberley transaction I thought was a mere temporary advance pending the payment of the purchase money of the part of the estate that had been already sold. With regard to the duplicate certificates that I got from Jones, all I wanted them for was that one was dilapidated and two were of small amounts. On February 21, 1906, 11 certificates were exchanged and, to the best of my belief, two which were missing, Nos. 55 and 57, making 13, for which Jones made out certificates 45 to 57. To the best of my belief, the originals were cancelled and destroyed. Stevens sent the 11 to me in letter of February 20, 1905. I afterwards received from Stevens Certificates 58 to 64 at the time I was negotiating with the Law Life. I believe Jones mislaid them and duplicates were made. The certificates were never kept in my possession; Stevens always had charge of them.
Re-examined. I signed several of the charges while very busily engaged on the Stock Exchange. Stevens or Newman would send a message that I was wanted; I would rush over to any office, sign the deed as requested, and rush back again. In Fiske's bill charges for instructions for statutory declaration are shown between March 26 and March. 29, showing that Fiske communicated with Stevens on: the matter.
Verdict: Stevens, Guilty; Sumner, Not guilty.
On a further indictment of Sumner for making a false statutory declaration the prosecution offered no evidence, and a verdict of Not guilty was entered.
Mr. Clarke Hall addressed the Court on behalf of Stevens in mitigation of punishment. Stevens did not—could not—deny that he had wrongfully used moneys entrusted to him. His firm had become largely interested in a Canadian railway; they invested their own money it, and induced clients to do likewise; the company became involved in litigation with a larger one and was eventually crushed out. From that time onwards Stevens had been engaged in a constant struggle to right matters financially and the result was disastrous. He had already been in prison for 12 months, under an order of the Court of Chancery for failure to reinstate moneys entrusted to him in a fiduciary capacity.
Sentence, Four years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Tuesday, May 18.)
FRIEND, John (36, labourer), and BAKER, William (34, labourer) ; both uttering counterfeit coin and having in their possession four pieces of counterfeit coin, knowing the same to be counterfeit, with intent to utter the same.
Mr. Beaumont Morice prosecuted.
DAISY POTTER . I am barmaid at the "Coach and Horses," High Street, Plaistow. At a quarter-past eight in the evening of May 7 prisoners came into the house together. Friend asked for beer and tendered in payment the half-crown produced. I walked to the till with it, then went back and told him it was a bad coin. He said he wished he had not had it. I spoke to Miss Leach, another barmaid, and she also told him it was a bad one. He said he wished he had a bagful of them. Prisoner Baker took the half-crown, scraped it on the side of a shilling, and said it was a bad one. He also said Miss Leach had been more used to handling money than he had. Friend said he had just had the coin given him in his; wages. Miss Leach asked for the coin back for the purpose of testing it, and afterwards handed it to Constable Tannus.
ROSE LEACH , barmaid at the "Coach and Horses," Plaistow. At a quarter past eight on May 7 I saw prisoners come into the bar and heard them ask for two glasses of ale. The last witness handed me a coin, which I eventually handed to Police-constable Tannus.
went into the public bar, where I saw the two prisoners. The coin produced was handed to me by Miss Leach, and I asked prisoner Friend where he got it from. He replied, "From my work." I said, "Have you any more on you?" He said, "No." I said, "Let me see." He said, "No, you are not going to search me in a public-house." I then got hold of his hands and held them, and after a bit he gave in and I felt in his vest pocket and found another counterfeit half-crown. I then said, "Did you get this one at your work?" He said, "No; you did not get it out of my vest pocket." I then searched his other pockets and found some good money. Seeing prisoner Baker standing by his side, I said to him, "Who might you be; you are a stranger here?" Someone said, "They both came into the bar together, governor." Baker said, "Yes; that is my friend," pointing to Friend. I said, "Have you got any bad money about you?" He said, "No." I said, "Let me see," and in his rest pocket I found a counterfeit half-crown, and two more counterfeit coins in his trousers pocket. Baker said, "I am very sorry. That man (Friend) gave them to me to-night. He came round to me about half past seven and said, Do you want to earn a bob? Come out along with me to get rid of these.' He then handed me the three half-crowns and this is the result." I found some good money on Baker. I then sent for the assistance of another constable and conveyed them to the station. On the way there Friend said, "You have 'copped' me, governor. I have been out of work for a long time, and as I 'had these half-crowns I thought I would try and earn a bob or two. Where I got them I shall never tell. I am not giving a pal away." They were charged at the station and made no reply. On searching Friend I found on him a letter addressed to 10, Caslon Place, Bethnal Green.
Detective-sergeant GEORGE READ , K. At midnight on May 7 I went with Detective Edwards to 10, Caslon Place, where prisoner Friend lodges, and made a search. In a cupboard in a front room on the ground floor I found a crucible, two pieces of metal, one piece of slate, a pair of pincers, some copper wire, a bottle containing acid, some plaster of Paris, silver sand, and a spoon. I took the things to the station and showed them to Friend, saying, "I found these articles at your house." He said, "I know nothing about it. It is what a man left. I do not know who the man is. He made these things a present to me with four or five half-crowns. He gave them to me this afternoon between three and four o'clock in the Bethnal Green Road." The things above enumerated are used in the making of counterfeit coin.
ELIZA LOVETT , of 9, Caslon Place. Prisoner Friend has lived at No. 10, of which I am the landlady, for three years. He has been out of work since Christmas. He owes £3 12s. for rent up to last Saturday. He had two rooms at 5s. 6d. a week. Before Christmas he used to go out regularly to work and paid his rent all right.
and were very badly made. The things produced by Detective Read were all part of the stock-in-trade of a coiner.
Prisoner FRIEND, called upon for his defence, repeated the statements that the things had been given to him by a man in the Bethnal Green Road, who also made him a present of the counterfeit half-crowns, saying, "They will do you a bit of good." Knowing that Baker was out of work he went to his place and said, "Bill, a bloke as left a parcel in my charge gave me these. I do not know whether they are good or bad. Come out and see." Previously, said prisoner, he had only earned a few shillings. At the first place they went to they got arrested, not knowing that the coins were counterfeit.
Prisoner BAKER made a similar statement.
Verdict (both prisoners), Guilty.
Nothing was known by the police against prisoners.
Sentence (each prisoner), Four months' hard labour.
BEFORE THE RECORDER.
(Wednesday, May 19.)
GODFREY, William (28, engineer) ; stealing one mare, one bridle, and one cloth girth, the goods of Walter Flindell; on February 18, 1909, stealing one mare one set of harness, and one pair of scales, the goods of Sidney Abbey; on February 18, 1909, stealing one cart, the goods of George Thomas Tuckwell.
Mr. Ramsay prosecuted.
Prisoner pleaded guilty of stealing from Walter Flindell, which plea was accepted by the prosecution; he also confessed to having been convicted on April 12, 1905, at South London, receiving 20 months' imprisonment in the name of William Tomlin, for stealing a horse and cart and two sets of harness. Four other convictions were proved; prisoner was stated to be a professional horse stealer.
Sentence, 18 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, May 19.)
Sentence, Two months' hard labour.
BEFORE JUDGE RENTOUL.
(Wednesday, May 19.)
MAUDE BLACKMAN , 192, Wakehurst Road, Wandsworth Common. I was engaged to marry prisoner. On May 5 we were in the front room at 508, Barking Road. We came out of the room and when I got to the top of the stairs I felt a blow, and he said to me, "You cur, I will teach you." That is all I remember. I put my hand up and felt the blood. I did not see anything in his hand. We had had no row or quarrel. The prisoner had said something to me about putting something in his beer when at my house, but his suggestion was quite untrue. (To the Judge.) The attack was quite a surprise to me. There was no misunderstanding of any kind. Prisoner had complained of his head toeing bad for a long time.
Prisoner. I should like to know the stuff she put in the beer on that Sunday night. There was an inch of something in the glass and she filled it up from a full bottle. She asked me if I had pains in the back and I told her no. On Monday I had pains in my back from shoulder to shoulder and down this side and I was also bound. I did not know what I was doing that night; I had quite completely lost my head. (To the Judge.) I had not been drinking.
Dr. ANGUS KENNEDY , borough divisional surgeon, Plaistow. On May 5 I was called to the police station and saw prisoner there. From what he told me I went to the house where this girl was and examined and dressed her neck. She had a clean-cut wound on the right side of her neck over the blood vessels, about an inch and a half long. There was also a very small punctured wound at the root of her neck on the same side. If the other wound had been an eighth of an inch deeper it would have opened the blood vessels. Prisoner made a rambling statement very much as he has now. He said his beer had been poisoned, and as a result his bowels had become confined. I ought to say as regards the punctured wound, which looked as though it had been done with a knife, the girl has since explained that the steel supports of her collar were broken and one had gone into her neck, and produced the second wound.
Detective EDWARDS. On May 5, at a quarter to nine, prisoner came to Plaistow Police Station. He said, "I have come to give myself up for stabbing a woman at 508, Barking Road. She is there now." I went to that address and saw Miss Blackman. She had a wound on the right-hand. side of the neck. I took her to Dr. Kennedy, who attended to the wound. When charged, prisoner said:" Very good; I must say I had great provocation for doing it.
Prisoner: I do not know what made me stab the girl. I have no recollection of that night at all. I should like to give a version of the Sunday night. I was going to supper at her house at Wandsworth She got some meat ready and put a little drop of beer in the glass. I naturally concluded it was beer. I thought it was the
contents of one bottle. She filled the glass up with a full bottle, and after I drank it she asked me if I had ever had pains in my back, and I told her no. On the Monday I had pains right across my shoulders and down the side of my back, and I was so bound I could not go to the w.—a thing which I had never been like before.
Sentence, Three months' imprisonment second division.
BEFORE THE COMMON SERJEANT.
(Thursday, May 20.)
TIDY, Thomas (28, fireman) , stealing the sum of £1 16s. in money, 1 coat, I waistcoat, and other articles, the goods and moneys of Edwin Harris; stealing 2 pairs of boots, 1 pair of trousers and 1 belt, the goods of David Collingbourne.
EDWIN HARRIS , assistant engineer on the steamship "Himalaya." On May 3 I went ashoreand at 7.15 p.m. returned to my ship, which was lying at the Royal Albert Dock. After reporting myself, I took oft the clothing which I wore ashore and put on my boiler suit. Having locked the door of my cabin, I went down into the engineroom. There was no one on board but the crew of the "Punjaubis" below. I returned to my cabin at 2.15 next morning. I found that one of the drawers of my locker was partly open; it had been left closed. I missed from the cabin the suit of clothes I had taken off the evening previously. The contents of the pockets were also missing, namely, a sovereign, six shillings in silver, a silver chain, penknife, key, and centre punch. I identify the trousers and waistcoat produced, but the coat has not turned up. I have had the trousers about 15 months and the coat and waistcoat about two years and am not likely to be mistaken as to them. The knife produced is the one I lost and is an old friend. The small blade is broken quite short and the tip of the larger blade has been broken and reground, making it much shorter than it was originally. The large blade also does not quite shut down.
DAVID COLLINGBOURNE , boiler maker on the steamship "Himalaya." I share a cabin with Edwin Harris, the engineer. On May 3 I went ashore and returned to the ship on the morning of May 4 at about quarter past seven. As I was going to take my shore-going clothes off and get into my overalls, I found my spring belt missing. I also missed two pairs of boots, a brown pair and a black pair, and a pair of uniform trousers. I identify the pair of brown boots produced. They were made by a Japanese at Shanghai. I did not get the black boots back. Prisoner was wearing the brown boots when I saw him at the police station. The cabin doors were always kept locked. Entrance was effected by the porthole, which is 16 in. in diameter.
Police-constable FREDERICK CLARKE , 231, dock police, stationed at Royal Victoria Docks. On the early morning of May 5, while I was on duty at the docks my attention was attracted to prisoner and another man loitering in the vicinity of "B" jetty. Apparently they saw me and tried to evade me by going round the crane engineer's box. When I got up to them I questioned them as to their business. Prisoner stated that he was going to look for work on board the "Highland Chief." I subsequently made inquiries of the "Highland Chief." Prisoner and his companion refused to accompany me and I had them detained in the police box at the Custom House gate in charge of two constables. They were charged with being in the dock for the supposed purpose of committing a felony. I had heard casually of thefts having been committed on the "Himalaya." Prisoner was wearing a pair of brown boots which were afterwards claimed.
Detective-constable WALTER LILLEY , dock police. I was at the police lock-up at the Victoria Dock on the morning of May 5 at about quarter to five a.m. I had previously received information concerning some thefts from the "Himalaya." I visited the ship and formed an opinion as to how the cabin had been entered. There was a rope attached to the taffrail hanging down to the porthole, which is 16 in. in diameter, and no doubt from the marks on the ship's paint some one had lowered himself down the side and entered the porthole, which is about 8 ft. 6 in. from the rail. When prisoner was brought in to the lock-up at the Victoria Dock on the morning of May 5, I could see he was wearing a pair of trousers and a pair of boots that answered the description given to me on the previous morning as having been stolen from the cabin of Messrs. Harris and Collingbourne. Prosecutors identified their things at once.
In answer to prisoner witness stated that he had seen him wearing brown boots in the month of April in the Beckton Road, Canning Town.
Constable JOHN SEAL , 133 K, proved a conviction at this Court on May 27, 1905, when prisoner was sentenced to five years' penal servitude for robbery with violence. There are a number of convictions, including 12 months and 25 lashes with the cat at Essex Assizes, for robbery with violence.
Sentence, Eighteen months' hard labour.
BEFORE JUDGE RENTOUL.
(Thursday, May 20.)
STEVANS, Stephen William (23, wireless operator), pleaded guilty of obtaining by false pretences from Maria O'Neill the moneys off John O'Neill with, intent to defraud. In incurring a debt and liability to Maria O'Neill to the amount of £1 2s. 6d., unlawfully obtaining credit to that amount by false pretences.
Previous convictions were proved.
Sentence, Six months' hard labour.
BEFORE THE RECORDER.
(Wednesday, May 19.)
AYNSCOMBE, George John (19, ship's steward), who on April 21, 1909, pleaded guilty of unlawfully obtaining by false pretences the sum of £2 from Mary Poole, with intent to defraud; forging a certain telegram with intent to defraud, and uttering same knowing it to be forged (see page 105) was now released on recognisances of himself and his father in £50 each to come up for judgment if called upon.
BEFORE THE COMMON SERJEANT.
(Wednesday, May 19.)
The Jury found, on the evidence of Dr. William Norwood East, assistant officer of Brixton prison, that prisoner was unfit to plead, and he was ordered to be detained during His Majesty's pleasure.
BEFORE THE COMMON SERJEANT.
(Thursday, May 20.)
Sentence, Three years' penal servitude.
BEFORE JUDGE RENTOUL.
(Thursday, May 20.)
SUGDEN, Harold (32, traveller), pleaded guilty of obtaining by false pretences from Clara White 1 camera: and 4 spools, the goods of Oswald Barnes, from Stanley Moore 1 camera and stand, and from Jane Inwood 1 camera the goods of Frederick Inwood, in each case with intent to defraud. Obtaining by false pretences from Eliza Morris 1 gun and case the goods of John Morris with intent to defraud.
Detective-sergeant Cox produced a list of articles which had been prepared from information supplied by prisoner, the total value of which was £358 6s., and said he had been able to trace goods valued at £164 10s. which had since been identified by the owners.
Detective-sergeant DYSON, B Division, proved previous convictions.
Sentence Twelve months' hard labour.
BEFORE THE COMMON SERJEANT.
(May 22 and 24.)
LAMB, Waiter Herbert (34, journalist) ; obtaining by false pretences from George William Burroughs the sum of 10s., from Emily Farman the sum of £1 1s., and from Alfred William Siggers the sum of 16s., in each case with intent to defraud. Mr. Horace Samuel prosecuted; Mr. Patrick Hastings defended.
HERBERT DAVID MOSELEY , schoolmaster, Kingston. On January 29, 1907, prisoner called on me. He said he was going to publish "The Royal Blue Court Directory," which would circulate amongst good-class people in the neighbourhood. I paid £1 1s. for a page advertisement. He gave me a receipt signed, "For W. H. Lamb and Co., 24, Codes Hill Road, Teddington, and London, per W. H. L." I have never seen the book.
Cross-examined. Prisoner said the book was coming out in a short time; I do not remember his saying that it would be similar to one that had been published for many years by Deacon's.
Detective THOMAS MAGNER . I have been stationed at Teddington for 16 years. I know prisoner by sight. His sister lived at 24 (and afterwards at 28), Coles Hill Road, and he lodged with her for some time, about five or six years ago; he was not living there in 1907. They are private houses; no publishing business was ever 1908. carried on there; there was no name up.
DAVID KNIGHTS WHITTOME , photographic artist, The Studio, Sutton. On August 18, 1907, prisoner called on me. He said he represented W. H. Lamb and Co. and invited me to advertise in "The Court Record of Surrey," which would be published about autumn; it would contain a list of the gentry in Surrey and certain advertisements—chiefly of schools and colleges. He mentioned two convents at which 'he said he had influence, and led me to believe that I might obtain their work if I advertised in this book. I paid him, £1 11s. 6d. on account for a full-page advertisement. His receipt was on a printed form headed, "W. H. Lamb and Co., publishers, London and New York, U. S. A." I wrote several letters
without getting any satisfaction); the last I wrote on March 31, 1908, to 28, Coles Hill Road, was returned through the dead letter office. I should not have paid the money had I known that that house was a mere place of call for letters.
Cross-examined. I have many canvassers calling upon me; they all say as much as they can about their wares.
Similar evidence was given, by CHARLES GLADSTONE , school proprietor, 35, Clevedon Place, Sloane Square; Miss COWPER COLES, school proprietor, 52, Draycott Place, Chelsea; GEORGE PRATT MOYLES (of a school at Putney Bill); Dr. WILLIAM W. WINTERTON , Dr. F. W. CHAMBERLAIN , Dr. VINCENT GREEN , Miss SPACEMAN (of the South-West London College for Girls), Miss FARMAN (of a girls' school at Wimbledon), ALFRED W. SIGGERS , bootmaker, Wimbledon; J. W. BURROUGHS , grocer, Wimbledon; and Miss WILLIAMS , of the Wimbledon District Maternity Home. To some of these witnesses prisoner gave his address as 55, Sumatra Road, Hampstead, or 136, Munster Road, Fulham.
SARAH ASHMEAD , 55, Sumatra Road, Hampstead. On February 1 of last year prisoner engaged a bed-sitting-room in my house for a time; he said he had taken a flat, but it was not quite ready; the decorators had not finished. The first week he paid his rent, but afterwards I got it a few shillings at a time. When he left in August last he owed me £1 7s. When he took my room he said he was a publisher; there was no staff at all. He did not carry on any business at my place; there might have been one or two callers at the house, but what their business was I could not say; his wife used to clean his room.
AMY BOCKING , 136, Munster Road, Fulham. On September 22, 1908, prisoner and his wife rented a furnished bedroom of me at 6s. a week. No business was carried on there; there was no staff, and prisoner had no business callers.
HENRY JENNER , lately assistant librarian in the British Museum, said he had searched the Library Records and found no book published by Lamb and Co. entitled "The Court Guide," or "Court Record," or "Court Blue Book."
Cross-examined. There are books of similar titles by other publishers; two by Deacon and Co.
Detective-sergeant TOM GILL AN . About 7.45 on March 22, in company with Detective Woods, I was on duty in Whitaker Road, Wimbledon, where I saw the prisoner loitering about. We kept him under observation, and at about eight p.m. we saw him enter No. 2, Francis Grove. Ten minutes later he came out and passed into St. George's Road, and he entered a school on the right-hand side. He left there a few minutes later. We followed him up St. George's Road into Hill Road, and across into the railway yard. As he was about to enter the railway station I stopped him and said to him, "We are police officers; we have been watching you; we have seen you enter two houses. What is your business?" He said, "How do I know you are police officers" Woods showed him his authority. He then said, "You have got no business stopping, me like
this; I am going to see my barrister about this." I said, "Unless you satisfy us, we are going to take you back to the houses we have seen you leave." He then said, "You have got no right to do that." At the same time he pulled a bundle of documents from his inside pocket and handed me a billhead. On that billhead was "W. H. Lamb and Co., 136; Munster Road, Pulham." He said, "I will show you who I am," and he then presented me with the billhead and said, "That is who I am. I am one of the proprietors of W. H. Lamb and Co., publishers, 136, Munster Road, Fulham." I said to him, "Have you got offices there?" He said "Yes." I was not satisfied with the billhead and we went back to the second house we had seen him enter in St. George's Road. I do not know what the conversation there was; it was nothing in particular. We saw the principal of the school. He made a statement to the effect that Lamb called on him, But that he was about to leave the school and had done no business with him. We then went to 2, Francis Grove and there we saw the prosecutrix, Miss Williams. I asked her in prisoner's presence to fell me what had taken place when prisoner had entered shortly before. She made a statement to the effect that he had called on two occasions seeking an advertisement in a paper or journal called "The Court Record," which he said had been in existence for 15 years and that it had a large circulation amongst influential people. I said to the prisoner, "You have heard what has been said?" He said, "That is quite right." We then left the house. When we got outside on the pavement prisoner said to me, "Well, what are you going to do with me?" I said, "I am going to take you to the station pending inquiries." He said, "I protest." I said, "You heard what the lady said about" The Court Record." You will be detained pending inquiries, and if you are carrying on a genuine business you will be at once liberated." He then said, "There has been" a Court Record, "but it has not been published for 18 months; I have been working on it; it is something like this," showing me two covers with a number of papers inside. He said, "You know it is something like 'Burke's Peerage.'" We went to the station. When we got there I explained the circumstances to the officer on duty and said I proposed making inquiries at 136, Munster Road. Prisoner then said, "There is no paper in existence. I have got no business at Munster Road." He said the work had been in preparation. I told him he would be charged with attempting to obtain the sum of 7s. 6d. from. Miss Williams on that date and the previous Wednesday. The charge was read over to him and he made no reply. I then went to 136, Munster Road; I found it to be a private house let out in tenements; there was no publisher's business being carried on there. I found there about 250 circulars and papers, prospectuses from schools, and also tradesmen's billheads. Prisoner occupied a small furnished ante-room with his wife at a weekly rent of 6s. a week. On March 23 he was brought up before the justices and remanded till April 8. On that day I saw prisoner at Wimbledon Police Court, and I told him that there were several other charges going to be preferred. I showed him the documents in
each case. He examined them and was about to make a statement when I said, "Whatever statement you make will probably be used in evidence against you, and I propose putting you up for identification." He said, "It is very fair of you. I admit having the amounts of money and do not want to put you to the trouble of pulling me up for identification. I fully expected the other charges would follow. If I had published a book of any sort you could not touch me, but, you know—procrastination." The charges were taken against him and read over to him. He made no reply. At 136, Munster Road I found no correspondence between Lamb and Co., of London, and Lamb and Co., of New York.
Cross-examined. I do not know what book the blue cover represents. I do not know that prisoner has been canvassing for some years for Deacon and Co., of Charing Cross, nor that they had brought out a Court Guide of this description. From the documents found on prisoner I know the addresses he had given from time to time. The first address he gave was 18, New Street, N. W. I do not know what address that is. The next, 24, Coles Hill, Teddington was the address of prisoner's sister, with whom, I believe, he lived; they moved from there to Sumatra Road. The next address he gave was at Munster Park Road. During the whole period he lived at one or other of these addresses, but during the period covered by these charges he lived at Munster Road. All the prospectuses he carried about in his pocket were old ones, with the New Street address. So far as I know, he has never given a false address on the receipt forms. I know nothing of prisoner's brother in America. Among prisoner's papers that we found were the names and addresses of numbers of people who had subscribed.
WALTER HERBERT LAMB (prisoner, on oath). For eight or nine years prior to 1907 I was with Messrs. C. W. Deacon and Co., publishers, of Charing Cross Chambers, Duke Street, Adelphi; I had a fifth share of the business. We published a Court Guide and Royal Blue Book of each county of England, practically, and Scotland. My work was to collect subscriptions and get names for the books. I resigned in November, 1906. My brother is a councillor at law in America and head of the firm of Power, Lamb, and Co., publishers of fine art books in Pittsburg. We have always been on the best of terms. Early in 1907 he made me a good offer to go to America. I declined it, preferring to start a business of my own here. It has always been my intention to publish a Court Guide and Royal Blue Book on the lines of the 'books published by Deacon's. My brother, who is a wealthy imam, promised to support me, and for 18 months he has been coming over to England; only a few days ago I heard from him that he would support me. On my starting the business I had printed the prospectus produced. It gave the address of 18,
New Street, N. W. That was the address of Mr. Romboy, who had been with me at Deacon's, and who become practically a partner with me. He advanced about £20 in the business and promised to assist me in the literary part of the work. About September last he went to America to take up a position with my brother; he promised to arrange with my brother for the financing and publication of this work. The later address I used was the house of my sister, 24, Coles Hill Road, Teddington; I lived with her there till she left. I then took a flat at Hampstead. Finding the flat was not decorated, I went temporarily to Sumatra Road and afterwards to Munster Road. In all my canvassing I never gave an address except the place where I was to be found at the time. It is quite true that in canvassing I described myself as "W. H. Lamb and Co"; I thought there was no harm in adding "and Co." to my own name; it is done in thousands of cases. The reason I put "Of London and New York" was this: When I started it was probable that part of the work would be published in America by Power, Lamb, and Co. My brother had an interest in the work in a way. He arranged from the beginning to finance it, and twice when money was required he sent it—in 1907. As to the statements that I made in canvassing, I probably said that a similar work had been in existence for 15 years; in most cases I explained clearly my connection with Deacon and Co., and chatted about their work. I did nothing but what I believed to be legitimate in canvassing. The total of the subscriptions that I obtained down to my arrest was about £400 or £500, and the cash actually received was about half that. This is over a period of two years. All I received, and all that I and Romboy and my brother and sister put into the business was swallowed up in expenses. Throughout it has been my intention to publish the book, and I have been waiting for that purpose for my brother's return from America.
Cross-examined. The firm of "W. H. Lamb and Co., publishers and educational agents, of London and New York," came into existence early in 1907. The capital was £50 of my own, including a loan; then I had £60 owing to me by Deacon's, which, owing to the break-up of the firm, I have never had, and money was sent me from America. The firm" had no banking account, but I banked with my sister; I mean I passed cheques through her account. I cannot say that there was actually a branch of the "firm" in New York; I considered my brother to be a sleeping partner in the firm." I do not admit that an undertaking such as the book I contemplated necessitated any large capital. I never got estimates for the printing of the book.
Detective-sergeant GILLAN said that on January 28, 1905, prisoner was sentenced at Edinburgh to a fine of £5 or 30 days' imprisonment for theft from furnished apartments. From the documents found at prisoner's lodgings, the police had traced 196 persons as having made payments on account of these books.
Sentence, Nine months' hard labour.