Old Bailey Proceedings, 7th September 1909.
Reference Number: t19090907
Reference Number: f19090907

1909, SEPTEMBER.

Vol. CLI.] Part 899.

CENTRAL CRIMINAL COURT

Sessions Paper.

TRUSCOTT, MAYOR.

ELEVENTH SESSION,

HELD SEPT. 7TH, 1909, AND FOLLOWING DAYS.

MINUTES OF EVIDENCE,

TAKEN IN SHORTHAND BY

GEORGE WALPOLE

Shorthand Writer to the Court.

POINTS OF LAW AND PRACTICE

EDITED BY

R. F. GRAHAM-CAMPBELL, ESQUIRE,

OF THE INNER TEMPLE.

[Published by Annual Subscription.]

LONDON:

GEO. WALPOLE, PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W. C.

PRINTED BY

THE ARGUS PRINTING COMPANY, LIMITED,

10, TEMPLE AVENUE, AND TUDOR STREET,

LONDON, E. C.

THE

WHOLE PROCEEDINGS

On the King's Commission of

OYER AND TERMINER AND GAOL DELIVERY

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT,

Held on Tuesday, September 7th, 1909, and following days.

Before the Right Hon. Sir GEORGE WYATT TRUSCOTT , Baronet, LORD MAYOR of the City of London; the Hon. Sir CHARLES JOHN DARLING , and the Right Hon. Lord COLERIDGE, Justices of His Majesty's High Court; Sir HY. E. KNIGHT, Sir HORATIO DAVIES , K. C. M. G., Sir JOHN POUND , Bart., Sir T. VE SEY STRONG, Kt., Captain W. C. SIMMONS, and C. JOHNSTON, Esq., Aldermen of the said City; Sir FORREST FULTON , Knight, K. C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, Common Serjeant of the said City; His Honour Judge RENTOUL K. C, Commissioner, and His Honour Judge LUMLEY SMITH , K. C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.

Sir FRANCIS STANHOPE HANSON , Knight, Alderman

Sir JOHN JAMES BADDELEY , Knight, Deputy

Sheriffs.

ARTHUR D. HANSELL, Esq.

H. W. CAPPER, Esq.

Under-Sheriffs.

CENTRAL CRIMINAL COURT

TRUSCOTT, MAYOR. ELEVENTH SESSION.

LONDON AND MIDDLESEX CASES.

BEFORE THE RECORDER.

(Tuesday, September 7.)

HITCHCOOK, Ada (27, no occupation), who pleaded guilty at the June Session (see page 294) of endeavouring to conceal birth of her children, was brought up for judgment.

The Court Missionary, Mr. Scott-France, stating that satisfactory arrangements had been made for the future care of the prisoner, she was released on her own recognisances in £25 to come up for judgment if called upon.

NEWMAN, Maud (24, no occupation), who pleaded guilty last Session (see page 410) of forgery and obtaining money by false pretences, was now released on her own recognisances in £25 to come up for judgment if called upon.

Reference Number: t19090907-3

BARRETT, William (23, postman), pleaded guilty of stealing a postal packet, in course of transmission by post, containing certain valuable securities, to wit, three postal orders for the payment and of tot value of £1 1s. 3d., £1 1s. 3d., and £1 1s. 3d. respectively, the goods of His Majesty's Postmaster-General, he being employed under the Post Office.

sentence, Nine months' hard labour.

Reference Number: t19090907-4

BRADBROOK, Ernest Warren (22, postman), pleaded guilty of stealing a postal packet containing 5s. 6d. in money and six penny postage stamps, the property of His Majesty's Postmaster-General, being employed under the Post Office.

Sentence, Nine months' hard labour.

Reference Number: t19090907-5

HOWARD, Alfred (44, postman), pleaded guilty of stealing a Postal letter containing eight strips of photographs, and another postal letter of the value of 3d., the goods of His Majesty's Postmaster General, he being employed under the Post Office.

Sentence, Nine months' hard labour.

Reference Number: t19090907-6

MOORE, George (23, labourer), and BARRINGTON, William (24 carman), pleaded guilty of breaking and entering Use shop of Alexander Gaudie, and stealing therein six tobacco pouches and 11 cigars, his goods. Barrington confessed to a previous convictionseveral others were proved, the police describing him as an habitual criminal; nothing is recorded against Moore.

Sentences, Moore, Six months' hard labour; Barrington, 15 months' hard labour.

Reference Number: t19090907-7

SEATON, John (otherwise Wilson) (74, hawker), pleaded guilty of stealing a purse and money from the person of Annie Claris, and confessed to a previous conviction.

The police proved a long list of convictions, 15 on indictment sad four summary; prisoner is an habitual criminal, thieving mostly from the poorer class of women.

Sentence, 20 months' hard labour.

Reference Number: t19090907-8

THORPE, Charles ; having been entrusted by William Alfred Silcock with a ring in order that he might sell the same, sad pay the proceeds thereof to the said William Alfred Silcock, unlawfully did fraudulently convert the proceeds thereof to his own use sad benefit; stealing six pearls, the goods of Florence Maude Roberts.

Mr. Curtis Bennett prosecuted; Mr. Huntly Jenkins defended.

Mr. Curtis Ben net! said that, having gone carefully into this case, he felt that he would not be justified in asking a jury to convict, sad accordingly he offered no evidence.

Verdict, Not guilty.

Reference Number: t19090907-9

WARD, Percy William (26, traveller), pleaded guilty of forties and uttering, knowing the same to be forged, the endorsements on two orders for the payment of money, to wit, two banker's cheques for the payment of £1 1s. and 10s. 6d. respectively, in each saw with intent to defraud, and embezzling the several sums of £1 1s. and 10s. 6d. respectively, received by him for and on account of the Motorists' Protection Association, Limited, his masters.

Except for one previous conviction, to which he confessed, prisoner had an excellent character. A Baptist minister spoke highly of him, and said he would endeavour to get him regular employment. Sentence was postponed to next Session.

BEFORE THE COMMON SERJEANT.

(Tuesday, September 7.)

Reference Number: t19090907-10

COURTBNBY, Arthur Percy (40, fitter), pleaded guilty of felonioualy making 33 pieces of counterfeit coin; feloniously having is his possession 33 pieces of counterfeit coin with intent to utter the tame, and unlawfully having in his possession 33 pieces of coaster feit coin, with intent to utter the same.

Mr. Pickersgin, M. P., prosecuted.

Convictions proved: June 26, 1905. five years' penal servitude for coining, after two previous summary convictions. Prisoner was stated to have tried to get work.

sentence. Three years' penal servitude.

Reference Number: t19090907-11

JONES, Richard (40, labourer) ; unlawfully uttering counterfeit coin twice within 10 days.

Mr. Robert Wilkinson prosecuted.

FRANK ABRAHAMS , 20, West India Dock Road, tobacconist. On July 10, 1909, at about 8.30 p.m., prisoner bought of me a half an ounce of tobacco, 21/4d.,; and tendered half-crown produced. I gave him two shillings change, and while I was getting the remaining 31/4;. from the till prisoner walked out of the shop. I followed, and told him he had not his right change, and gave him the 3 3/4 d. On looking at the half-crown I found it was false. I kept the coin, and on July 15 handed it to the police. On that day, about dinner use, my wife spoke to me. I went into the shop, and recognised the prisoner, who my wife stated had passed another bad half-crown (produced). Prisoner pretended not to hear and left. I followed, and gave him into custody. The two half-crowns are from the same mould. When prisoner saw me he appeared to walk quicker.

MINNIE ABRAHAMS , wife of the last witness. On July 15, between 230 and three p.m., prisoner entered the shop and asked for half an ounce of tobacco, 21/4d., tendering half-crown produced. I thought the coin bad, and tried it on the counter, when prisoner took it up sharply and put down 2 1/2 d. in copper. I called my husband, and said is prisoner's presence, "This man has given me a bad half-crown." My husband said, "This was the very man who was here on Saturday sight and gave me a bad half-crown. "I think prisoner could star; he said nothing. I then gave him a farthing in change, which he took and went out. My husband followed; prisoner was brought back by a police officer and taken to the station.

Police-con stable FREDERICK TOWNLEY, 365 A. On July 15 prisoner was given into my custody. I asked him where the coin was that he had tendered at the tobacconist's shop, and he handed me half-crown produced from his waistcoat pocket. I took prisoner to the shop when Abrahams said, "That is the same man who tendered one to me on Saturday night. "I searched prisoner, and found two florins, two sixpences, and 23/4 d. bronze, good money upon him I took him to the police station; when charged, he said that Abrahams had made a mistake; he had never been in the shop before.

Cross-examined. When I overtook prisoner he was walking very Sharply.

WILLIAM JOHN WEBSTER , Inspector of Coins, H. M. Mint. The two half-crowns produced are bad and made from the same mould.

GEORGE HIGGINS , barman at "The Horns" beer-house, 78, Fair field Road, Bow. On May 30 at about 10.55 p.m., prisoner asked for glass of ale, 1d., and tendered two shilling-piece (produced), which I found to be bad. I called my father and pointed prisoner out. My father asked him if he had any more on him. Prisoner said, "No."

My father said, "How came you by it?" Prisoner said, "I must have got it off a 'bus man in change of half a crown." We called a constable who took him into custody.

GEORGE HIGGINS , father of the last witness. On May 30 at three or four minutes to 11 p.m. my son drew my attention to a counterfeit coin which he said the prisoner had passed to him. I asked prisoner, "Have you got any more?" He said, "No." I said, "How did you come by it?" He said, "I must have had it given me in cheap of half a crown by a 'bus conductor." I sent for a constable and gave him into custody.

Police-constable ARTHUR NEWHAM, 861 K. On May 30 at 11 p.m. I took prisoner into custody and received coin produced from the last witness. Prisoner was charged, brought before the magistrate, and discharged.

W. J. WEBSTER, recalled. The half-crown produced is dated 1894; the other two are dated 1900.

Verdict, Guilty.

Two summary convictions were proved for larceny in 1901 sad 1906 Sentence, Six months' hard labour.

Reference Number: t19090907-12

THOMPSON, George (38, hawker) , unlawfully tendering counter feit coin twice within 10 days.

Mr. Robert Wilkinson prosecuted.

HARRY GARNER , 80, Collinson Street, Borough, coffee-stall keeper. On July 13 at 11.50 p.m. prisoner with two females came to my stall which was at the corner of Union Street, and asked for three cats of tea, three eggs, and a slice of bread and butter, 6d., and gave me half-crown produced, which I found to be bad. I said, "This is no good to me, and handed it back. He then paid 6 1/2 d. in good money Prisoner did not appear to be drunk. He went away towards St. George's Church.

Cross-examined. Prisoner did not appear to be drunk.

ROCCO CARROCIERO , 142, Borough High Street, restaurant keeper On July 13 prisoner purchased two) sausage rolls, 2d., and tendered half-crown produced which I tested and broke. Prisoner became abusive, and my daughter went for a constable, who searched him see advised me to charge him, which I did. Prisoner was sober, but pretended to be drunk. I gave the coin to the constable.

Police-constable JAMBS GEHERRON, 307 M. On July 14 at midnight the last witness gave prisoner into custody and handed me broken coin, produced. Prisoner said, "I had it bunged into as—am I to lose it? I have had it in my hip pocket since this morning I took him to the station; when charged he said, "Things are so tight I do not care whether I am inside or out." I searched him at the shop and found upon him 6d. silver and 1 1/2 d. bronze good money He had been drinking, but was not drunk. He was charged the text day at the police-court and was identified out of twelve others by Garner.

W. J. WEBSTER, Inspector of Owns, H. M. Mint. The half-crown produced if counterfeit.

Prisoner's statement before the Magistrate. "I cannot remember going to the coffee-stall. I do not remember anything. I had been drinking; I have no witnesses."

GEORGE THOMPSON (prisoner, not on oath). On July 13 I had been out selling fruit, and at 12.30 p.m. received this coin which I paid to Garner at 11.50 p.m. He said, "It is no good to me." I did not understand what he meant, and thought he had not change. I afterwards tendered it to Carrociero. I have no connection with any coiners. It is quite a mistake right through. I am innocent. Verdict, Guilty—recommended to mercy.

Convictions proved, March 14, 1906, 3 1/2 years' penal servitude, for attempted shop breaking and possessing house-breaking instruments by night, after previous convictions of 10 days in 1882, six weeks in 1867; three months' in 1867; 12 months' at Greenwich in 1688; September 12, 1892, 18 months' at this Court for burglary; three years penal serviture and two years' police supervision in 1895 for burglary; May 5, 1867, one month and license revoked, willful damage; June 7, 1898, North London, 15 months' for attempted shop breaking; October 23, 1899, at this Court, five years' penal servitude for burglary; April Is, 1904, license forfeited and summary conviction as a rogue and vagabond.

Sentence, One month's hard labour.

BEFORE MR. JUSTICE COLERIDGE.

(Wednesday, September 8.)

Reference Number: t19090907-13

MUSKETT, George John Frederick (70, formerly a solicitor), pleaded guilty of forging and uttering three indentures of mortgage, with intent to defraud.

Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. George Elliott, K. C., and Mr. Travers Humphreys appeared for the prisoner.

Mr. Muir said that this prosecution was originally launched in During the police court proceedings prisoner had a serious apopectic seizure, and it was feared he would die; he recovered, almost miraculously, but, the medical adviser to the Director of public Prosecutions having reported that if prisoner was put on his trial it would be to the imminent danger of his life, the authorities decided that the charge should be with drawn for the moment, but that if ever prisoner should recover sufficiently to stand his trial, the prosecution should be reopened. A few weeks ago Mr. Barnett whose name had been forged to one of the deeds), getting to know that prisoner's health had sufficiently recovered, himself obtained Process against him. Thereupon the Director of Public Prosecutions thought it right to again proceed upon the charges which had been temporarily with drawn in 1902, and prisoner new pleaded guilty.

Mr. George Elliott, having pointed out certain circumstances which appeared to take this case out of the ordinary class of such cases, called.

Mr. WILFRID HARRIS, M. D., FRCP., 73, Wimpole Street, who said he examined prisoner on August 29. Prisoner is rather severely ruptured; his heart is much enlarged, and about an inch and a quarter to the left of its proper position, the aorta much degenerated and dilated; any strain upon a heart in such a condition might undoubtedly cause it to fail at any moment.

Sentence, Six months' hard labour, Mr. Justice Coleridge observing that, if prisoner proved to be unable to undergo that sentence, the medical authorities had power to relieve him of it.

Reference Number: t19090907-14

BELL, George James (19, stick-mounter), pleaded guilty of the manslaughter of Matthew Purnell. Prisoner declared that, although he had pleaded guilty, the blow he struck Purnell was in selfdefence, in the course of a quarrel in which Purnell had struck the first blow.

Police evidence proved that prisoner was in January, 1906, charged with malicious wounding, and bound over for 12 months.

Sentence, 12 months' hard labour.

Reference Number: t19090907-15

RHODES, Thomas (25, porter), and HARRISON, Frederick (60, writer), pleaded guilty of an unnatural offence.

Sentences: Rhodes, 1 2 months' hard labour; Harrison, 15 months' hard labour.

Reference Number: t19090907-16

HAILSTONE, Ernest George (24, watchman) ; wounding William Smith, with intent to murder.

WILLIAM SMITH , 45, Kentish Town Road, newsagent and tobacconist. On July 19 prisoner called upon me; he was a perfect stranger to me; I had had no quarrel with him. He asked me whether the Hitchin Market was a whole day or a half-day market. I told kin I thought it was on Monday; I advised him Hamp stead as an alternative; he went away with a parcel and left a box with me. He returned the next day and asked for his box, which I gave him; be asked for a glass of water and to go to the lavatory, and I let him go; he came back to the parlour where I was sitting; there were two knives on the table. I do not know how I became unconscious, but when I came partially to I was on the floor and prisoner was on top of me. He put his finger in my mouth and I found he was trying to cut my throat. I tried to stay his hand, that ii how I got my fingers cat. I called out as well as I could, and a lodger. Mr. Wiggins, came to my assistance and polled prisoner off. I locked prisoner in the parlour and Mr. Wiggins went for the police. The knife produced is my knife.

WILLIAM WIGGINS , 45, Kentish Town Road, coal porter. About five o'clock in the evening of July 20 I arrived home and heard shouts coming from Mr. Smith's parlour; I rushed in and saw prosecutor on the floor and prisoner on top of him trying to cut his throat with the knife produced. I pulled prisoner off. My wife went for the police and I went for a doctor.

Police-sergeant EVE, 33 Y. On July 20 I was called to 45. Kentish Town Road. I there saw prosecutor and prisoner; both

had blood on them. I told prisoner he would be arrested for attempted murder, and he said, "I don't know what made me do it."

CORNELIUS DERKSEN , house surgeon, Hampstead Hospital. Prosecutor was brought in to me on July 20 suffering from a out across the throat about four inches long, which had been sewn up; it was not deep. He also had a swelling around the left eye, causing protusion of the eyelids; there was also some bleeding by the tissues of the eye; the swelling would have required a hard knock by a blunt instrument. I kept him in the hospital for eight days; he was seriously injured.

Inspector ARTHUR NEIL, Y Division. I arrested prisoner on July 20. On my telling him the charge, he said, "Yes, I did it, but it did not occur quite like that. I went to the shop yesterday. I asked him if the Httchin Market was a day or half-day market. I am a pedlar. He advised me not to go to Hitcihin but to peddle Hampstead. I left my bag with some goods at hit shop. I peddled Hampstead but did no good. I was walking about all night and this afternoon. I went to get my bag. He allowed me to go to the lavatory. I afterwards went into the room at the back of the shop. We were looking at the pictures on the wall. Seeing the knife on the table the temptation overcame me, and I picked it up. I do not know what I did. We had a struggle and (referring to a slight injury on his hand) I must have done this. I do not know what node me do it. There was no need to do it. I am respectably connected. I have only had a bun and a glass of milk since yesterday, and it is very hot to-day."

SIDNEY REGINALD DYER , medical officer of Brixton Prison, said he had had prisoner under observation since July 21, and had gone into his history. Having carefully considered the case, witness expressed the opinion that at the time of the alleged offence prisoner was really not responsible, and did not know the nature and quality of his acts.

Verdict, Guilty, but that prisoner was insane at the time, so as not to be responsible for his acts. He was ordered to be detained during His Majesty's pleasure.

Reference Number: t19090907-17

JIPPS, John (35, rifle-cleaner) , carnally knowing Hilda Taylor, girl under the age of 13 years.

Verdict, Guilty of indecent assault.

Indictments for similar offences in relation to three other girls remain on the file of the Court.

Sentence, Nine months' hard labour.

Reference Number: t19090907-18

LITTLE, James (33, labourer) ; unlawfully assaulting Marie Shurety, thereby occasioning her actual bodily harm.

MARIE SHURETY , 34, Fleet Road, Hampstead. I have known prisoner 10 years, and have been keeping company with him. On August 9 we went for a walk together; after going into several public-houses we got to a footpath at East Finchley. He there asked me to be improper with him, and I refused; he threw me

down and held me down to the ground by the throat; I became unconscious. On coming to I found a bootlace had been tied twice round my neck, and a double knot in my collar. I was bleeding from my ears and mouth. I managed somehow to get home, next morning a policeman called on me, as prisoner had given himself up, and I went to the station, and made a statement. I had previously on several occasions had improper relations with prisoner.

To Prisoner. You have always treated me well. You had been on the drink for over a week before this occurred.

Detective-inspector THOMAS DUGGAN, S Division. At 10.30 an., on August 10, I was at Marylebone Police Court; prisoner was there on a charge of drunkenness. I told him I should arrest him for the attempted murder of Marie Shurety on the previous evening by attempting to strangle her with a bootlace. I showed him the bootlace; he made no remark. Later in the day I showed him handkerchief that we had found at the spot in Hampstead fields pointed out by prosecutrix as the place where the assault occurred, and he said, "That is my handkerchief." On being formally charged, he said, "I do not remember doing it; we had no quarrel. "He was wearing two odd boot-laces; one of these made a pair with the lace produced by prosecutrix. At the spot pointed out by prosecutrix the grass was flattened down and there were indications of some kind of struggle.

WILLIAM NORMAN EVANS , M. R. C. S., said that he examined prosecutrix at 2.30 p.m. on August 10. Her face was swollen, a dusty red colour, due to small hemorrhages under the skin; both eyes were very much bloodshot; her throat looked very sore inside, and there were hemorrhages into the soft palate; all her injuries were consistent with an attempt having been made to strangle her.

Police-con stable JOHN MI LHOLLAND, 505 Y. At 2.45 am., on August 10, I was on duty in Beddington Road, Kentish Town. Prisoner, who was drunk, staggered towards me; he said, "I believe I have killed somebody, a young woman, on, the fields," referring to Parliament Hill fields. I took him to the station, where He was charged with drunkenness. Search was made in Parliament Hill fields; no trace was found there of any young woman.

Inspector JOHN HOC KINGS, Y Division. I was at Kentish Town Police Station when prisoner was brought in by Mulholland. In consequence of what the latter told me I questioned prisoner; he said, "I know nothing of it; I cannot make it out; I don't remember saying it." Later in the morning, when he had partially re-covered from the drink, I entered his cell and asked him, "Who is the lady you referred to" He said, "Miss Shurety; I think she lives at 34, Fleet Road, Hampstead; she lives over a barber's shop in the back room; the last place I remember is a little beerhouse in North Hill, Highgate" I sent to that address and prosecutrix came to the station; she produced the bootlace.

Prisoner's statement before the magistrate: "What I have to say is, I do not know anything about it."

Prisoner now handed in a written statement; it detailed a number of public-houses visited by him and the "prosecutrix; he remembered going towards the field; after that his mind was a blank; he knew nothing about any murder, and he had no cause to do it whatever.

Verdict, Guilty.

Prisoner was convicted at this Court on January 10, 1909, of carnally knowing a girl over 13 and under 16 years of age (his stepdaughter), and sentenced to 12 months' hard labour. He warn described by the police as a drunken loafer in the neighbourhood of Somers Town.

Sentence, 18 months' hard labour.

BEFORE THE RECORDER.

(Wednesday, September 28.)

Reference Number: t19090907-19

GORDON, Harold Alfred (32, carpenter), pleaded guilty of burglary in the dwelling-house of Charles Marsh and stealing therein £14 and a banker's cheque for the payment of £4 12s. 5d., his goods and moneys, and feloniously uttering, knowing the same to be forged, a certain endorsement on an order for the payment of money, to wit, a banker's cheque for the payment of £4 12s. 5d., with intent to defraud; also confessed to a previous conviction at Kingston-on-Thames on April 7, 1908. A number of previous convictions were proved.

Sentence, 18 months' hard labour.

Reference Number: t19090907-20

CAMPBELL, James (62, broker), pleaded guilty of obtaining by false pretences from Harry William Grey Bell £1,909 19s., with intent to defraud.

The false pretence was the presentation of 100 original $100 shares in the Norfolk and Western Railroad, which was reconstructed in 1896, new shares being then issued to those who paid the premium end the old shares thus becoming worthless. Documentary evidence showed prisoner to be aware of these facts.

Sentence was postponed till next Sessions, with direction to the Clerk of the Court to ascertain the taxed costs of the prosecution.

Reference Number: t19090907-21

TAYLOR, Frederick (36, carman), pleaded guilty of stealing a ran, eight bales of carpets, and other articles, the goods of J. Stones and Company, Limited; stealing a horse, the goods of J. Stones and Company, Limited; also confessed to a previous conviction.

This was the common form of finding a van standing in the street and driving off" with it.

Sentence, Six months' hard labour.

Reference Number: t19090907-22

WALLIS, Edward (21, pattern-maker), pleaded guilty of forging and uttering, knowing the same to be forged, certain orders for the payment of money, to wit, banker's cheques for the payment of £20 and £5 respectively, the goods in each case of William Stephen

Hunt, in each case with intent to defraud; obtaining by false pretences from the said William Stephen Hunt the several sums of £20 and £5, in each case with intent to defraud.

Prisoner was keeping company with prosecutor's daughter, and represented that he wanted the money for the execution of orders for furnace fittings, of which he was the patentee. The cheques were made payable to tradesmen represented by prisoner to be executing the orders; he forged the endorsements and obtained the money.

Sentence, Six months' hard labour.

Reference Number: t19090907-23

PEMBROKE, Samuel (34, carman), DUPOY, William John (carman), and PICKARD, George (56, marine store dealer) ; Pembroke and Dupoy, stealing 350 canvas wrappers, the goods of the Linoleum Manufacturing Company, Limited; Pickard receiving the said goods well knowing them to have been stolen. Pembroke and Pickard pleaded guilty.

Mr. Bodkin and Mr. R. D. Roome prosecuted; Mr. Purcell appeared to prosecute on another indictment against Pickard; Mr. A. J. Lawrie appeared for Pickard.

EDWARD BRICK PRESLAND , general manager and secretary of the Linoleum Manufacturing Company, 6, Old Bailey. Prisoner Pembroke is the carter employed by our cartage contractor to do our carting, and he was continually at our premises. I do not know prisoner Dupoy. Our linoleum is sent out in large rolls wrapped in canvas stamped with our initials and address, and marked "to be returned." The wrappers cost about 1s. 6d. apiece. If returned in decent condition there is no reason why they should not be used several times. The wrappers are our property, not the property of our customers, and they are not charged for, and it is stated in the invoice that they are to be returned to us. The practice is for customers to wait until a quantity has accumulated and then send them back to us, not necessarily by Johnson's carman bat by rail or otherwise: At the Old Bailey we have a bank, and it is the practice for railway men or carmen bringing parcels to dump them on the bank. A carman like Pembroke, who is practically in our own employ, would have constant access to that bank. (A wrapper was produced and shown to the jury, stamped "L. M. C. Return to 6, Old Bailey. ') I have seen about 350 of these wrappers in the possession of the police. They correspond in every respect to that produced, and I estimate the value of them at about £17.

Detective-sergeant ERNEST NICHOLS, City. On July 14, acting upon information, I saw prisoner Pickard at 23, Rushton Street, Hoxton, where he has a marine stores shop. The place was searched and three more wrappers were found there, a quantity having previously been seized at his son-in-law's place at the time of his arrest. On July 19 I was with Detective Crocker in Upper Thames Street There prisoner Dupoy was pointed out to me by Stephen Pickard, son of prisoner Pickard. I said to Dupoy, "We are police officers You have just been pointed out to me as a man who sold a quantity of wrappers marked 'L. M. C. Return to 6, Old Bailey,' to a

marine store dealer of 23, Rushton Street, Hoxton, who has been arrested, and you will be charged with him with being concerned in stealing and receiving these wrappers, about 12 cwt., which have been recovered." He replied, "I might as well tell the truth. I had about three cwt. from Pembroke. The last was about three weeks in. It was not all at the same time. I am on the same round as Pembroke, and used to meet him accidentally, and he gave them to me sad asked me to take them round to Pickard. I got about the. rate of 7s. per cwt. for them. I handed the money to Pembroke and to give me 1s. out of it for my trouble. I did not know they were stolen. I thought they had been given to him by customers. I did not tee marks on them. I thought they were plain stuff. "I afterwards took a statement from prisoner Pembroke.

SAMUEL PEMBROKE (prisoner on oath, called for the prosecution). I am a married man, and have five children at home starving. I have been in my present employment four and a half years. Apart from this charge of stealing canvas wrappers I have borne a good character. In the statement I made to Sergeant Nichols I told him I did not know the things were stolen. I used to meet Dupoy on the round. I told him I had a few canvas wrappers, and asked him to take them to Mr. Pickard's because I had no time. I should think I first asked him to do so about six months ago. I then gave him a quarter cwt. I told him I got them from customers. He asked no questions about the things. If I only got 2s. or 3s. I would give Dupoy 1s. out of it; if I got 6s. or 7s. he would get 2s. I did not tell him to ask Pickard for soy particular price; he was to get what he could from him. I did not take them to Pickard myself, because I had not the time. I used to give Dupoy wrappers once or twice a week. I came into touch with Pickard by passing by the shop. I asked him if he bought old canvas and he said yes. No one could see the marks on the wrappers when they were folded up.

Prisoner DUPOY, asked if he had any statement to make, said that he did not know the wrappers were improperly come by.

Verdict (Dupoy), Not guilty.

Detective-sergeant GEORGE PRIDE, J Division, proved a previous conviction against Pickard at Worship Street Police Court in July, 1901, for receiving a quantity of gutta percha, valued at £150, when he was sentenced to six months' hard labour. Previously he had been fined £3 and 2s. costs for buying metal under weight. Witness had known Pickard 15 years, and until the affair of the gutta percha the police had always thought he was carrying on his business in a straightforward manner.

Mr. Roome stated that the prosecution had no wish to press the case against Pembroke.

JOSEPH PATRICE , licensed victualler, 19, Bridport Place, and Francis MASKELL, builder, both of whom have known Pickard for a number of years, gave evidence to Character.

Sentences. Pembroke, three months' hard labour; Pickard, eight months' hard labour.

Reference Number: t19090907-24

ROGERS, Alice Maud (barmaid), pleaded guilty that having been delivered of a certain female child she did by a secret disposition of the dead body endeavour to conceal the birth thereof.

The Recorder expressed the opinion that prisoner had been sufficiently punished, and sentenced her to two days' imprisonment, equivalent to immediate discharge.

Reference Number: t19090907-25

MITCHELL, Louis Mitchell (25, decorator), pleaded guilty of feloniously receiving 5 cigar tubes and 13 cigarette tubes, the goods of David Phillips; 36 watches in cases and other articles, the goods of Percy Pound and another, and 347 fountain pens and 8 pen cases, the goods of Frank Hardtmuth, in each case well knowing them to have been stolen. Prisoner endeavoured to dispose of the goods at a stall in the Arcade at Reading. A local tradesman noticing the superior nature of the articles communicated with the police, and eventually the property was recovered by Detective-Sergeant Digby of the City Police. At the prisoner lodgings in Reading he found other stolen goods, the whole being the proceeds of burglaries which took place between January, 1906, and May of the present year at the premises of Sir John Pound, Regent-street; Messrs. Litsica, Marx and Co., High Holborn; and Messrs. L. and C. Hardtmuth, Golden-lane, City. Practically everything stolen from the premises of Sir John Pound, amounting in value to £1,000, has been recovered, and £400 worth of the fountain pens stolen from Messrs. Hardtmuth. There was also found £100 worth of property which had not been identified, consisting of antique silver, miniature watches, spoons, and forks.

Mr. Forrest Fulton, on behalf of prisoner, urged that the open manner in which he had endeavoured to dispose of the goods, showed at any rate that he was not an habitual receiver, and called evidence to character.

Sentence, Eight months' hard labour.

BEFORE THE COMMON SERJEANT

(Wednesday, July 8.)

Reference Number: t19090907-26

COOPER, William (25, fitter) , Unlawfully uttering counterfeit coin twice on the same day.

Mr. Pickersgill, M.P., prosecuted.

WILLIAM IMRIE , Alfred's Head "public-house, 67, Shandy Street, Mile End. On July 29, at about 9.30 p.m., prisoner with another man came into my bar. They ordered two ales, 2d., and tendered two-shilling piece (produced). I gave 1s. 10d. change, which prisoner took up. The other man then asked for a packet of Woodbine cigarettes, and paid 1d. I was suspicious of the coin, put it aside, and five minutes afterwards tested it with acid and found it bad. About twenty minutes afterwards I saw prisoner pass, accompanied by a crowd of men. The next day I picked prisoner out from nine other men at the police-station.

Cross-examined. I am sure prisoner took up the It. 10d. I handed the coin to the inspector.

ELIZA BUTTIBFILL , "Bull's Head," beer-house, 31, Ben Jonson Road, Stepney. About a month or six weeks ago prisoner and mother man came into my bar between 9 and 10 p.m., called for two glasses of ale, 2d., and handed me half a crown. I tested and broke it, and said, "This is a bad half-crown." One of the men picked up and threw it into the street. Prisoner then paid for the ale with a good shilling.

Cross-examined. I could not swear who threw the coin away. Jane Lingley, 110, Duckett Street, E. On July 20 I was in the "Bull's Head," when prisoner with another man ordered two glasses of ale and tendered half a crown. Mrs. Butter fill said, "This is a bad one, you had better take it where you have taken it from." Jones, the manager, then asked them to get out of it—he said, "You know what you are doing." Prisoner's friend threw the coin out of the door. The two men remained in the beer-house. Prisoner's friend and to prisoner, "You will see, they will pinch us." Before that prisoner's friend said to him, "Have you 2d. "Prisoner said, "No, I have not got 2d., I have got a shilling." He pulled out four or five shillings and paid with a shilling for the beer. They stayed a minute or two in the bar; no policeman was sent for, and they went away.

RICHARD Jones, manager, "Bull's Head" beerhouse. On July 20 at 15 p.m. Mrs. Butterfill showed me broken half-crown produced, and said that prisoner's friend had tendered it. I asked them if they saw any more. Prisoner's friend said, "You can search me." I said it was not my place to search him, the best thing they could do was to get outside. Prisoner's friend threw the coin into the street. After waiting some time they left. Before going out prisoner said, "I have got a half-criwn that I have been carrying about all day," and showed a half-crown which I thought was good. About twenty minutes afterwards prisoner came back with a crowd of men, came into the bar and threw two glasses at me, which struck the parlour door. Then the police arrived.

Cross-examined. I was not outside with six or seven men. (To the Judge). Prisoner walked into the bar by himself quietly and began throwing glasses. He seemed sober.

Police-constable ROBERT HALL, H. On July 20 at 10.15 p.m. I was called to the "Bull's Head," when I saw prisoner accompanied by a crowd of people, and a bystander said he had been passing bad money. I got hold of him, when he became very violent; four or five men set upon me and the prisoner ran away. I ran after and caught him, when he said, "Ism done." I took him back to the "Bulls Head," when Mrs. Butterfill said he was the man who had uttered a counterfeit coin. I took him to the station he was searched, and 5s. 6d. silver and 9 1/2 d. bronze, good money found on him. He was charged and made no reply. Outside the "Bull's Head" he said, All right; will get chucked in the morning." I should say prisoner was sober.

WALTER HAMMOND , 129, Duckett Street, Stepney, potman at the "Bull's Head" beerhouse. On July 20 there was a disturbance in the bar. A coin was thrown out into the roadway which struck me. I thought they were playing a practical joke on me, and I threw it on the roof of a house. The row was all over in a minute.

Detective GEORGE HOUSTON, H Division. On July 21 at 9 a.m. I found the broken half-crown produced on the roof of 36, Ben Jonson Road, opposite the "Bull's Head." The "Alfred's Head" is about 200 yards from the "Bull's Head."

WILLIAM JOHN WEBSTER , inspector of coins, H. M. Mint. The florin and half-crown produced are counterfeit; the half-crown it rather better made.

(Defence.)

JANE COOPER , mother of the prisoner. On July 20 I obtained 7s. 6d. by pledging and gave prisoner 4s. 6d. out of it—a half-crown and two shillings. He had a little money besides.

WILLIAM COOPER (prisoner on oath). On July 20 at 9.30 p.m. I left my mother's house to go to Oxford Street, Stepney, when I met a man I know who was going to Duckett Street to buy a pair of boots, and we went together. He asked me to have a drink; we went into the "Alfred Head" and had a drink which he paid for. I do not know with what coin, and he picked up the change. As we got to the bottom of Duckett Street and were parting he asked me to have another drink. We went into the "Bulls Head" and he pat down the half-crown in question. The landlady said it was bad, and he asked me if I had 2d., as he said he had only 1s. 10d. left and had to pay something towards his rent. I put down a shilling and paid for the drinks. As we came out of the house Jones, with five or six men, was standing outside. Two of them made a punch at me. I knew we stood no chance with a mob like that, so I went back to Ernest Street, where I and my friend lived, and brought one or two of my friends back with me to see fair play. Someone came out of the public-house and said they would charge me with assault. Instead of that I was charged with uttering counterfeit coin. I was searched in the street, and only good money—6s. 3d.—found on me, 4s. 6d. of which I received from my mother. I swear that I put neither the florin nor the half-crown down, nor did I receive the change of either.

Cross-examined. I live in Ernest Street, about eight minutes' walk from the "Alfred's Head." The man with me has been living in the same street for two or three months. The men who were standing outside the "Bull's Head" are some of the biggest terrors in Stepney If I had been passing bad coins I should not have gone back to the public-house and caused a disturbance.

Verdict, Not Guilty.

Reference Number: t19090907-27

LEVY, Michael (22, manager), and GIGG, Thomas Albert (20, clerk) , both uttering counterfeit coin twice on same day.

Mr. Pickersgill, M. P., prosecuted.

JOHN HENRY CLARK , 26, Wennington Road, Bethnal Green, general store keeper. On Saturday, July 24, Levy came into my shop, asked for a packet of Player's cigarettes (3d.) and gave me half-crown (produced). I gave him 2s. 3d. change. About eight minutes after he had left found the coin was bad. I ran out and found the two prisoners in the helds of Davis, the landlord of the Sultan beer-house. I said, Hold him, Bill, he has just given me one." We went into the Sultan, and punting to Levy I said, This is the man that gave it to me." Levy said, "You have made a mistake. I have never seen you in my life."

Cross-examined. I recognised Levy by his face. The Sultan beer-house is directly opposite my shop.

EDWARD HAWKINS , 10, Gardener's Road, 'Bethnal Green, milk boy On July 24 at 10.15 I saw Levy purchase a packet of cigarettes is Clark's shop, and asked him for the picture, which he gave me (produced). About five minutes afterwards I saw Davis holding the two prisoners.

Cross-examined. I recognised Levy by his Jew face. I identified him in the beer-house.

WILLIAM JOSEPH DAVIS , licensee, Sultan beer-house, 45, Wennington Road. On July 24 at 10 p.m. the two prisoners came into my bar. Gigg called for a pony bitter and a ginger beer and put down half-crown (produced). I gave him 2s. 4d. change. As I picked the half-crown up I thought it was light, and put it on the mantelpiece by the till. After the prisoners had gone I tried the coin with aquafortis and it turned black. I ran out and found prisoners 20 yards of. I said, "You will have to come back; you have given me a bad half-crown." As I was coming back with them Clark came across from his shop and said, "What is the matter, Bill?" I said, "This man his given me a bad half-crown/' Clark said, "He has just given me one." I sent for a constable who took Levy to the station, I taking Gigg. On the way Gigg started threatening me—he said I was trying to strangle him.

Cross-examined. I did not know the half-crown was bad until I tried it with aquafortis. I gave Gigg the change, because I did not want him to see me trying it. Gigg said I had made a mistake.

Police-constable JAMES BARLTHROP, 138 K. On July 24 at 10.15 p.m. I was called to the Sultan beer-house where I found the two prisoners. Davis said, pointing to Gigg, "This man came in, ordered a bitter and ginger beer, and gave me this half-crown," which he preduced. Clark said, This man (Levy) gave me another half-crown. "which he produced. Gigg said, "I gave the landlord half a crown, but I did not know it was a bad one." Levy said, "I did not go into this man's shop." I searched the prisoners and found on Gigg two 2s. pieces and 4 1/2 d. bronze good money; on Levy a 2s. piece good money. Hawkins gave evidence on the Monday—I did not see him before.

Cross-examined. I found no cigarettes or bronze money on Levy.

WILLIAM JOHN WEBSTER , Inspector of Coins, H. M. Mint The two half-crowns produced are counterfeit, from the same mould, and very good imitations.

Levy's statement before the Magistrate. "I really know nothing whatever about it, and I have never been in that man's shop in my life. I can honestly say Gigg give him a Jubilee half-crown."

Gigg's statement. "I am not guilty."

(Defence.)

MICHAEL LEVY (prisoner, on oath). On July 24 I went for a walk with Gigg, having only a 2s. piece in my possession. He asked me to have a drink, and we went into the Sultan. I put my 2s. piece on the counter; Gigg pulled a Jubilee half-crown out and told me to take up my 2s. piece, which I did. I am perfectly innocent. I had never seen Clark in nr life nor the boy Hawkins. I never entered Clark's shop. I never left Gigg's company the whole evening.

Cross-examined. Gigg has been living under me for the put five months. I am deputy-manager for and have the letting of 73 furnished rooms, of which I collect the rents, at Margarets Place, Virginia Row, Bethnal Green. I went for a walk with him at about 8.45 We were walking round until 10.15 when we went into the salt. Hawkins' evidence is untrue. I think he has been put up to say it. I do not know who has put him or Clark up to say this. The owner of the houses in Margarets Place is dead and his nephew, the heir, is in America. I am employed by Fred Neptune to look after the room and to collect the rent. The detective in charge of the case has bees to see Neptune.

THOMAS ALBERT GIGG (prisoner on oath). On July 24 at 8:45 p. B. I went for a walk with Levy. We went into the Sultan and called for drinks. Levy put down a 2s. piece; I said I would pay, put down a half-crown, and received the change. We stayed there three or four minutes and left. When we had got to the next turning Davis came rushing after us and said, "I want you. You have given me a bad half-crown." I said. "You have made a mistake." We were going back to the public-house when Clark rushed across the road and said, "Hold him, Bill. That man has given me a bad half-crown," pointing to Levv. I can honestly swear Levy never left my company and never went into Clark's shop. Davis did not know who had called or paid for the drink. First he said it was Levy and then me. I said that I had called for it. The half-crown I gave him was a queen's head half-crown, and not the coin produced. As to my threatening Davis, I only told him to leave go of my neck as he was strangling me Cross-examined. I think Davis has mixed up the half-crown I gave him with another. I have lived at Margarets Place for five months during the time that Levv has been caretaker there.

MICHAEL LEVY (recalled). My wife has been caretaker at Margarets Place for 11 months—I took it over when I came back from America.

Verdict, both Guilty.

Convictions proved: Gigg, February 19, 1906, Guildhall, three months, stealing false teeth; February, 1907, one month and four months for larceny; March 3, 1906, at this court 12 months for burglary. Levy, June 26, 1907, three months larceny from the person.

Sentence, Gigg, 18 months under the Borstal system; Levy, five months' hard labour.

Reference Number: t19090907-28

PARKER, Samuel (21, tea packer), and DYE, George (24, cooper) ; both feloniously making and counterfeiting 18 pieces of counterfeit Coin; having in their possession the said coins with intent to utter the tune and feloniously having in their possession one mould upon which was impressed the figure of the sides of the King's coin called a florin and one file adapted for marking the coin around the edges.

Mr. Wilkinson prosecuted. Mr. Cohen defended Dye.

Detective sergeant HENRY RICHARDSON, H Division. On August 12, at 6.30 am., I went to 254, Commercial Road, and knocked at the door of room No. 9, on the second floor. The door was not opened; there was a scuffling noise; I entered and found the two prisoners in bed partly dressed. The gas-stove was alight, and upon it its a saucepan containing heated white metal. I said, "We are police officers. I have reason to believe you are in possession of counterfeit coin?" Dye said, "I do not know what you mean; you will find nothing here." Parker said, "I have only just come in. I searched the bed, and found under the sheet 18 unfinished counterfeit florins in a paper package. In Dye's jacket I found four counterfeit half-crowns. Sergeant Leeson searched the room and found a mould and other articles. I had not been keeping observation on the house. The restaurant was open. I cannot say how long Parker had been in.

Sergeant BENJAMIN LEESON, H Division. On August 12 I went with the last witness to 254, Commercial Road. I saw the saucepan on the gas-stove, which was alight. In the oven I found a file, a quantity of antimony wrapped in a polishing cloth, and cyanide of potassium. By the stove was a mould, hot. In the saucepan was some white metal and a guet from a coin.

Cross-examined. Both prisoners were on the bed, partly dressed.

Parker was not asleep.

Morris Lama, 254, Commercial Road, restaurant keeper. On August 10, between 6 and 7 p.m., the two prisoners hired room No. 9 from me at 5s. a week. Each paid me 2s. fid. for a week's rent, They both slept in the room for two nights, being arrested on August 12 They had the key, so that I could not go into the room.

Cross-examined. The prisoners each paid me 2s. 6d. Barney Lobe did not take the room with Dye—I have only seen the prisoners in reference to the room. I do not know Lobe by name—he may be a customer at my restaurant.

WILLIAM JOHN WEBSTER , Inspector of Coins, H. M. Mini The 18 counterfeit florins produced are unfinished and not filed; they have been made from the mould produced. The four half crowns are from one mould. The guet produced is from one of the florins, and

fits the aperture of the mould produced. The file has white metal upon it. The antimony is a component part of bad coins to the extent of 18 per cent. Cyanide of potassium is used with nitrate of silver for a plating solution. The articles produced are part of the apparatus of a coiner.

SAMUEL PARKER (prisoner, not on oath) stated that he was innocent of knowing what was in the room, and that he had been invited up to have breakfast by Dye.

Verdict, Dye, Guilty; Parker, Not guilty.

Dye was proved to have been sentenced at North London Sessions on November 19, 1907, to 18 months' hard labour and one year police supervision for house-breaking, after three summary convictions for larceny.

Sentence, 18 months' hard labour.

BEFORE JUDGE LUMLEY SMITH.

(Wednesday, September 8.)

Reference Number: t19090907-29

LOUISSON, Henry (23, shoemaker) , committing an act of gross indecency with a male person whose name is unknown.

Mr. H. C. Bickmore prosecuted; Mr. W. (B. Campbell defended.

Verdict, Not guilty. The prisoner being an imbecile, Judge Lumley Smith directed his brother to take him back to Earlswood Asylum.

Reference Number: t19090907-30

BURNS, Edward (28, jockey) , obtaining by false pretences from John Watson a certain valuable security, to wit, an order for the payment of £100 with intent to defraud. Stealing a certain valuable security, to wit, an order for the payment of £100 of which he was bailee. Having been entrusted with a certain valuable security for £100 did fraudulently convert the same to his own use and benefit Conspiring with one Morton to cheat and defraud the said John Watson of his moneys and valuable securities.

Mr. Percival prosecuted; Mr. Huntly Jenkins defended.

JOHN WATSON . I have been staying at 10, Woburn Place. I am a Justice of the Peace of Queensland, and have been a Member of Parliament for Queensland 12 years. I am a retired contractor. It is 40 years since I was in England. On July 29 a man named Morton cane to 10, Woburn Place as a boarder. He stated 'he had been in Queensland. On the 30th he asked me to go for a drive. At his suggestion we went to the Frascati Restaurant. After we had been there 10 minutes another man came in, Mr. Mason. He is the prisoner He took off his silk hat, put it on the table with his umbrella He said, "How do you do, Mr. Morton." Morton said, "I am very well thank you." Prisoner said, "I have a good thing on and I will let you know of it at two o'clock." Mr. Morton said, "Allow me to in troduce you to Mr. Watson, of Queensland." He asked me if I knew Mr. Thomas Finney, a Member of Parliament for Brisbane. I said

I did. He took oat his watch as if he were in a great hurry to get away. I said to Morton, "Why did not you ask him to have a drink." prisoner said, "I do not drink in business hours, but I will take a cigar." We then talked. By his appearance I took him to be a first-class gentleman. He had on a black frock coat and lightish trousers. Mr. Morton said to him, "How many will your motor-car carry?" He said it would carry five. Morton said, "I am going to invite Mr. and Mrs. Watson and Mr. and Mrs. Adams to go down to Windsor on Tuesday." I did not see the motor. Prisoner went away and came back again. He then asked us to go into the private room. We all three went there. Prisoner said, "Mr. Morton, the best I cat do for you is £150." Morton instantly took out his pocket-book and took out two notes; one was £5. I do not know what the other was, end that bet was finished." Now," he said, "Mr. Watson, the best I can do for you is 4 to 1, the same as Mr. Morton." Morton touched me on the leg as much as to say "Take it." I took it. Morton did not say anything to me. He said, "Mr. Watson has no money, but he has his cheque-book." I then took out my cheque-book and wrote out a cheque for £100 on the Queensland National Bank, Princes Street, B. C. I was going to cross it when Mason said, Please leave that an open cheque." Morton gave me the pen to write with. Morton had seen my cheque-book at Frascati's. I had pulled it out of my pocket when I was looking. for a letter of recommendation to show him. I gave the cheque to prisoner. He stayed about two minutes after that. Morton said to him, "Mr. Mason, when will you give us back our money." Prisoner said, "If you meet me at three o'clock at the Metropole I will give you your money back. 1' He left then. Morton and I kept the appointment. About 20 past three prisoner came in with a red newspaper in his hand and said, "I have lost. I am very sorry for you, Mr. Watson." He said to Morton, "I can manage this to 12 noon to-morrow if I could only get Mr. Watson to do more." I said "No." I had enough. Prisoner went away. Morton came with me to Trafalgar Square and saw me into a bus. It took me the wrong way. It went west and I wanted to go east. I came back and went to Woburn Place and told my wife that had happened. Later in the day I heard that a boy had come for Mr. Morton's baggage. In the evening I was asked to go to a police station. I saw there about 13 or 14 men. I was asked if I could recognise somebody. I saw prisoner. I said I was not sure about him. I mean by that that he was transformed from the handsome gentleman that got my cheque out of me. He had no hat on and wore a grey suit. Next day I went to the police-court. While one of the officers was giving evidence I heard prisoner speak. I then knew who he was. I told the inspector, "That is Mr. Mason."

Cross-examined. I have travelled a good deal, particularly in Queensland I do not think there is much racing goes on there. I am not a judge of that kind of thing. I may bet on my yacht against a friend's. I would know the name of the yacht. I have never backed a horse. I said at the police-court, I should have the curiosity no doubt to see what horse had won the Melbourne Cup." It was Morton

who first spoke to me at Woburn Place. I was in that house first He came afterwards. We got friendly. He said he was part owner of a station in Austalia. I was not able to identify prisoner at first I did not pick out somebody else. I believe I said to the police officer that he was not among those put up for identification. I said it the police-court, "I could not see their faces then; it was a dark place That was on account of my bad eyesight. My landlady also went to identify. I do not remember having any conversation with her after wards. I first suggested that prisoner was the man who took part in defrauding me when I saw him in the dock. I gave prisoner the £100 for the guarantee that he offered me of 4 to 1 for my £100. I did not know what he was going to do with it. He could do what he liked with it so long as I had the belief that he was going to girt me 4 to 1 afterwards. The money was not given for the purpose of backing a horse, I was being guided by Morton. I have never bet on a horse. I would give a man £100 to walk away with if I had good faith in him. They both knew I was not going in for honeracing. Our previous conversation was not about horse-racing. I do not recollect saying to you at the police-court, "If the horse had run at 7 to 1 I should have expected £400." The 2.30 race was not mentioned then. It had been mentioned in the Park after we had lunch. Mason was there then. I think the racing conversation at Frascati's was before the 2.30 race, and that it was during that conversation that I parted with my money. I cannot tell you why I was going to expect to receive £400 if the second horse had won He gave me the guarantee of 4 to 1 if I gave him the cheque. I did not say, "Mason came in and said I had lost. I understood I had lost the race and the £100." I know Dennis O'Connor, of Brisbane, a publican. I do not know that he is a sporting publican. He may go to races. I know Tom Wilson, the Lord Mayor of Brisbane. I do not think he goes to races at all. I do not think he is a bookmaker. I do not know what a 'bookmaker is. We have no bookmakers it Queensland. We have totalisators there. I do not know that different horses have different prices. When Morton and prisoner were talking of guaranteeing 4 to 1 I supposed they had some method of their own of making money, because the money was flowing with them both. really thought my money was as sure as a bank. When Mason came into the Metropole and said the horse was second, I believe Morton said "He might just as well be last/' The horse, Dean Swift, was not mentioned. I knew him his whole life, and if it had been mentioned I would never have forgotten it. Morton did not ask what had won the race. He said if I would meet him at supper time at Woburn Place he would return my money.

ALEXANDER MACDONALD , assistant accountant, Queensland National Bank. The cheque produced was presented to me for payment Cheques above £10 are stamped by us, and the person presenting tame is sent on to Lloyds Bank. The cheque was presented by prisoner between two and three in the afternoon. I pointed out to him that we should have to make it payable at Lloyds. He remarked that he was rather in a hurry to get away. We kept him a little bit while it

was being put through the books. He wrote "W. Mason" on the cheque when he came into the bank. This was not at our request. on the following day I was taken to Tottenham Court Road Police Station. I recognised prisoner out of ten or twelve other men.

Cross-examined. He was dressed exactly or approximately as he is sow. He had not a frock-coat or silk hat on. There was no necessity for him to endorse the cheque.

ERNEST CASHMAN , Superintendent, District Messenger Office, 279, Regent Street. On July 30, about 5.30, prisoner handed me the document produced. He asked me to send to 10, Woburn Place, and gave me £2 to pay his bill and get his luggage on to Euston Station and put it in the cloak-room, and bring the ticket back to the office. He was to call back for it. The boy came back with some detectives. I told them prisoner was coming back for his ticket. They waited. About six o'clock I had a telephone message. I did not recognise the voice. About 6.50 a boy, not one of our boys, brought me the document now produced: "Kindly give bearer cloak-room ticket and keys belonging to me, and after paying 1s. tip to boy collecting them give bearer £2, and oblige.—Yours truly, J. Motion." I showed this to tee detectives. Sergeant Stevens immediately went away with the boy. Prisoner was dressed as he is now.

MAX ARTHUR , office boy, 4, Harvest Road, Kilburn. On July 30 prisoner spoke to me in the street, giving the name of Edward Burns. He asked me to take a letter over to the messenger office and he would give me sixpence. I took it to 279, Regent Street, and there saw a detective officer. He spoke to me, and then gave me an envelope. I walked on first, and the detective was a little way behind. I was to meet prisoner at a shop in Great Portland Street. I did not tee him directly. I saw him across the road and pretended to take the letter to him, and then I ran across the road and told the detective "That's him." Prisoner ran, and the officers ran after him. I saw him captured.

Cross-examined. He was dressed as he is now.

Detective GEORGE STEVENS, E. Division. On July 30 about six o'clock I went with Detective Crawley to 279, Regent Street. I had been told what had happened at Woburn Place. While I was it 279, Regent Street a telephone message came to the manager. About half-past six a boy came with a letter. I started him off to meet prisoner with something that looked like a letter. I followed him. At the corner of Margaret Street I saw prisoner. The boy shouted, "That's him" Prisoner ran away. We caught him 600 or 700 yards away. I said to him, "We are police officers and shall arrest you on a charge of being concerned with others in stealing £100 by means of a trick." He said, "I did not have the cheque; you have made a mistake; I am not Morton." He struggled to get away. He eventually became quiet and said, "I will give you no further trouble if you will put me in a cab." We put him in a cab and conveyed him to Tottenham Court Road Police Station. When searched he had £5210s. in gold on him and two £5 notes, also a gold watch and chain and a diamond ring.

Cross-examined. The boy shouted, "That's him," and prisoner began to run. I believe after what is called the "mid-day betting" comes out a horse may start at a shorter price. I do not interest myself in horse-racing. When arrested prisoner was dressed as be is now.

Detective PERCY CRAWLEY, E. Division. I was with last witness. On the way to the station prisoner said he was running for a taxi. At the station he said he was running for a 'bus.

ELIZABETH HARDIN , 10, Woburn Place. I had a Mr. Morton staying at my boarding-house. On July 29 prisoner called for bin. Mr. Morton was not in. I asked prisoner to leave his name and a message. He gave the name of Burnt and asked me to tell Mr. Morton that one of his agents had called. He said, "He will know who I am." I saw Mr. Morton next morning. I have not seen him since. That afternoon Mrs. Watson told me something. In the evening the boy came from the District Messengers with the note to pay Morton's bill and get the luggage. I did not let the luggage go I detained the boy and sent to the police-station, and Detective Stevens came. I afterwards saw a number of men at the station and recognised prisoner.

Cross-examined. There was a good light at the station. I could see well. Prisoner was dressed as he is now. He was dressed differently when he called to see Mr. Morton. He looked like I jockey. No one else called to see Mr. Morton. I had some conversation with Mr. Watson after leaving the station about the person who had robbed him.

(Defence.)

EDWARD BURNS (prisoner, on oath). I know a man named Meson I first met him about January last. I became well acquainted with him. I dined at his house on several occasions. He is taller than I am, has sharp features, clean-shaved, and thin lips. He is a racing man. I have done commissions for him on several occasions with bookmakers and on the course. I met Mason on July 30 about half-past two. He asked me if I had anything to do that day. I might have told him I was not busy. He asked if I would drive down to the bank and cash a cheque for him that was made out in his favour He gave me the cheque produced. I noticed it was not endorsed, and he asked me to endorse it for him. I got to the Queensland Banks little after 2.30. I endorsed the cheque and presented it for payment After I had waited about ten minutes the cashier told me it would have to be cashed at Lloyds Bank. Lloyds paid me in gold. I went back to Frascati's, where I had arranged to meet Mason. I had to wait for him. He came about ten past three. I gave him the money, and had a drink. He gave me 10s. to pay for the taxi. I then left him. I saw Morton that evening. He asked me if I would go to the Messenger office and take a note to get his luggage. Morton said he had to go somewhere, and if I would be back about half past six he would give me the note. I was to get the cloak-room ticket and meet him at Great Portland Street. I did not meet him because I

was arrested. I waited for him in a hotel. I saw the boy coming wards me and the detectives, whom I knew to be police officers. the idea struck me that there was something wrong with the luggage. It aster struck me there was anything wrong with the cheque. I bew nothing about the transaction between Morton and Mason and prosecutor. I did not then know prosecutor. I never wore a frock cost or silk hat in my life. When I called to see Morton on July 2$ I was dressed respectably. I had called on him the night before. I tai wearing the suit I have on now, also on the day I cashed the cheque.

Cross-examined. I have met Morton and Mason on racecourses. I have dined two or three times at Mason's house, where he was Mopping. I think it was Hallam Street, Regent's Park. I might talk there, or go in a 'bus. I forget the number just at present I sue not heard of him lately; I wish I had. My friends have endeavoured to find him. As far as I know he is respectable. I think he aid rooms at Hallam Street. We played whist there in a front room, I think, on the left-hand side as you go in the door. I do not think Mason is like me; there is a resemblance, certainly. When Mason asked me to cash the cheque I had over £50 in gold on me. I had had a good time at the races. I got the money from the bookmakers. I cannot tell you the names. I backed a horse called Lagos. I think it ran at Goodwood the day before I was arrested. I think the last bookmaker I had a bet with was named Chalmers. I gut Mason every cent of the money I got from the bank. I met Morton in company with Mason at Frascati's about an hour after I gave the money to Mason. It was not accidentally; we had a little inner on that night. Morton asked me to go to the Messenger office at I said I had to go that way. I had letters to call for there and intended to go. He never mentioned any particular place. I had letters to collect at 279, Regent Street. As to suggesting it would be quicker for him to take a taxi and go himself to Woburn Place, it did not occur to me. I think he had to go away on the spot. I do not think the distance from Frascati's to Woburn Place is shorter than to 279, Regent Street. I understood he was pressed for time. When I saw the detectives I thought there might be something wrong about the luggage and perhaps the idea that struck me was a silly one. I tare known Morton three or four months. I do not know what he If. I thought he was a racing man. I should pay his bill and get his luggage if I knew a man. Racing people do not ask one another's characters. I did not say to one of the officers that I ran after a taxicab or a 'bus. I said nothing when charged at the station, because I expected Mason would come forward on the following day. I did not tell the officer who arrested me, or the officer who took the charge, that simply cashed the cheque for Mason, because they did not ask me for an explanation. I did not explain to the magistrate; I reserved my defence. My friends have inquired after Mr. Morton. I have not seen him here. I did not give my address when I was arrested as I was stopping at a very respectable place and I would not like it to be put in the paper that I was living there. I occupied

two rooms there, one on the ground floor and one on the third. My landlady would know whether I had a frock coat and chimney pot hat. I told a friend who visited me in prison to hand up my keys to the police. There is nothing wrong in my place.

FREDERICK GARDNER , 29, Hallam Street. I had a man living at my house named Mason. He came about the middle of July, Ascot race week. I have seen prisoner at my house about four times. He has dined there. He is not Mason. He is not the same build. I have never seen prisoner in a frock coat and top hat.

Cross-examined. I have not seen prisoner elsewhere than when he came to my house. Twice he came to dinner and twice in the morning. I should say Mason was 33 or 34. He is fairer than prisoner and much taller. I could not mistake the two. Mason stayed with me about six weeks. I do not know Mr. Morton by name. Mason paid part of his rent before he left and part afterwards by letter on July 31. He owes nothing now. The postmark was Southampton and the address Rover Hotel. I was subpœnaed by prisoner's solicitor.

Mrs. GARDNER, wife of last witness. I am at home practically all day. I recognise prisoner. He is not Mason. Prisoner has bees to our house about three times. He has had meals there once or twice. He is not like Mason.

Cross-examined. Mason is a little taller than prisoner, about 5 ft. 9 in. I should think. I should not think anyone could mistake the one for the other.

Verdict, Guilty.

Detective-sergeant MARTIN, Plymouth Police, proved a conviction and sentence of 12 months' imprisonment at Plymouth Quarter Sessions on July 3, 1904, for burglary, and another at Stonehouse Police Court in June, 1906, 14 days' hard labour, for stealing from the person.

Detective-inspector WILLIAM GOUGH, E Division. We have has several complaints about this man. He has been mixed up with several Australians who have been practising the confidence trick. In one case a gentleman was going to prefer a charge, but be could not stay in this country. In prisoner's possession was found two £5 notes marked with the New Zealand Bank's stamp, and they formed part of the proceeds of a similar trick where a gentleman lost £75. He also had to go back to Australia and could not prosecute. Prisoner ran away from his last lodgings and has not done any honest work since his last conviction.

Sentence, 15 months' hard labour.

BEFORE MR. JUSTICE COLERIDGE.

(Thursday, September 9.)

Reference Number: t19090907-31

POTTS, Allen (30. horsekeeper), was indicted for and charged on the coroner's inquisition with the manslaughter of Albert Edward Elston.

Mr. Beaumont Moriee prosecuted.

EMMA THERESA ELSTON . Pomeroy Street, New Cross. I am the widow of Albert Edward Elston; he was about 42 yean of age; prisoner is my son; he lived at home with me and my husband. On August 28, about seven p.m., my husband and the prisoner went out together; they had had a few sharp words; my husband was not quite sober. Shortly afterwards I saw my husband lying on the pavement about 10 yards from the house; he was unconscious and bleeding from the nose and ears; prisoner was just by, leaning against the wall. He said, "Stand back, mother; he'll be all right." My husband was taken to the infirmary and died at half-past two the following morning.

WALTER THOMPSON , of the "Arrow" public-house, Pomeroy Street. On August 28, at half-past seven, I saw prisoner and deceased standing on the edge of the kerb at the corner of Pomeroy Street and Clifton Road; prisoner struck Elston on the back of the neck and Elston fell straight to the ground flat on his face. There was no fight or struggle.

HURT BUTT . I was passing along Clifton Road on this night when I saw prisoner and deceased on the opposite side of the road talking together—not struggling or fighting. Prisoner struck Elston safer the left ear and knocked him down. I went across with a am named Bradley and a doctor and the police were sent for. To Prisoner. When I got across I did not sec you holding Elston's bead; you were leaning against the wall.

Police-constable ALBERT GUNS. 110 B. On August 28, about half-past seven p.m., I saw Elston lying on the footway in Clifton Road. He was unconscious and bleeding from both ears. I called a doctor, sad on his advice had Elston sent to Camberwell Infirmary. Upon vast was told me by Butt, I told prisoner I should arrest him for causing the injury; he said, "All right, I will walk down."

THOMAS WILFRID PARRY , acting medical superintendent at Camberwill Infirmary. Elston was brought to the infirmary about 8.30; he was unconscious, suffering from collapse, bleeding profusely from both ears and the nose and the back of the throat. He did not "cover consciousness and died about 2.15 on the following morning. The post-mortem examination discovered an extensive fracture at the base of the skull and a fractured jaw. The injuries might have been caused by a blow; I think the fall on the pavement had nothing to do with the death.

Inspector THISTLE, B Division. On August 28 I saw prisoner at Peckham Police Station. I said. "The man you recently knocked down is now unconscious in the infirmary. I shall charge you with causing him grievous bodily harm." He replied, "All I done was to push him with my hand and he fell down." He was charged and said, "I am sorry." Later, upon the death of Elston, prisoner was charged with manslaughter. He said, "I understand."

Prisoner now handed in a written statement, in which he said. "It was far from my intention to quarrel, let alone to strike, my stepfather. What I did was done in self-defence and under great provocation.

He was the worse for drink at the time; we had a few words; he struck at me and then I struck back. As soon as I discovered that the blow was serious I did my beat to try and help him till the police arrived. I can assure you it grieved me greatly to learn the fatal result of my action. I throw myself on your mercy and beg for leniency for my mother's sake, as I am her only support."

Verdict, Guilty.

Police evidence gave prisoner a very bad character and proved three summary convictions.

Sentence, Three years' penal servitude.

Reference Number: t19090907-32

REYNOLDS, Joseph (27, porter), pleaded guilty of feloniously setting fire to a warehouse, the property of the London County Council.

Mr. Leonard C. Thomas prosecuted; Mr. Forrest Fulton appeared for prisoner.

The warehouse, which was situated in Lorenzo Street, was the property of the London County Council, but in the occupation of the Salvation Army, who provided men with work there. The prisoner who had worked at the premises for some time, set fire to the warehouse to avenge an imaginary wrong by a foreman. To the building damage was done to the extent of £250, and stock to the value of £200 was destroyed.

Mr. Forrest Fulton, for the prisoner, urged that the act was committed in a moment of weakness of mind. So far from his hiving been ill-treated by the Salvation Army, they had employed and kept him for the last 18 months while he was looking for work. Prisoner had expressed his deep regret for his conduct. It was his first offence.

Sentence, Nine months' hard labour.

Reference Number: t19090907-33

COOPER, James (35, painter) : feloniously sending to Annie Rigglesford two letters demanding with menaces from her £5.

ANNIE RIGGLESFORD . In December prisoner was working for my husband at our house, 322, Kilburn Lane. He left us in April. He subsequently called to see my husband and asked for further employment, which was refused. I received the letters produced dated August 6 and August 10 and at once handed them to my husband (In these letters prisoner attributed to witness his failure to secure work from her husband and threatened that unless she sent him £5 he would expose to her husband her misconduct with the writer.) There is no foundation whatever for the allegations made in the letters. By arrangement with the police, I kept the appointment prisoner made in the last letter, and he was arrested.

To Prisoner. I cannot say that you did not act straightforwardly while working for my husband; I treated you just as an ordinary workman.

Detective WILLIAM HUBBARD. On August 13 I was with another officer in Euston Road. On seeing prisoner speak to prosecutrix, crossed over to him and told him I should arrest him for demanding

money by threatening letters from prosecutrix. He replied, "The letters were only asking for £5." While he was being charged at the police station he turned to prosecutrix and said, "Do you know what you are doing? I do not want to have to say anything, but it will all come out." He turned to me and said, "She cannot say it it false pretences if I say it is the truth."

Verdict, Guilty.

Prisoner confessed to having been convicted at North London Sessions on August 1, 1905, in the name of George Clements, when he was sentenced to 3 £ years' penal servitude and two years' police supervision for housebreaking; many other convictions were proved, Sentence, 12 months' hard labour.

Reference Number: t19090907-34

BEVINGTON, Angelina (47) ; feloniously sending letters, knowing the contents thereof, demanding money with menaces and threats from Isabella Vyner; being an accessory before the fact to the commission of the said offence.

Mr. Curtis Bennett prosecuted; Mr. T. Bircham defended.

ISABILLA VYNER . I have been employed for five years by Mr. Udloff, a music printer, at 34, Eagle Street, Holborn. I have known prisoner about four years; her daughter Alice (now Mrs. Webster) worked at Udloff's until May 24. (Witness deposed to the receipt of a number of letters signed, "The Black Hand Company," some signed "Mrs. Bevington and Family." It was not alleged by the prosecution that these were written by the prisoner, it being stated that she was unable to write; from the contents of the letters it was contended that she must have either caused them to be sent or sided and abetted whoever sent them.) On one occasion I was stopped in the street on my way home by a man who told me that unless I paid 10s. as demanded in one of the letters I should be so more; I cannot identify the man; fronts that time I was always accompanied home by a police officer. On another occasion an attempt was made to poison me. (This was referred to in one of the letters.) Acting with the police, I wrote asking prisoner to call. She came with her daughter Alice. She asked me why I had sent for her. I said, "In answer to the letters you have been sending to?e." She said, "I can't write, so I have not wrote you any letters." I said. "The letters are signed in your name." She said, "I don't bow anything about it, neither does my Ada or Alice." She asked me if I had kept the letters and I said I had burnt them—in fact, I had kept them all. She said, "If you burnt the letters you have no proof I wrote them." Since this prosecution was commenced the letters have ceased.

Cross-examined. Prisoner has been on bail. I never had any quarrel with prisoner or with her daughters or with Webster. I cannot say that prisoner had anything to do with the attempt to poison me.

GEORGE UDLOFF spoke to the prosecutrix handing him the letters produced, which he handed to the police.

Cross-examined. I employ about 35 hands; they are not a rough class.

Detective-sergeant GEORGE MERCER, E. Division. On July 10 I went with another officer to prisoner's house. I said to her, "We are police officers; we are making inquiries with regard to a number of threatening letters sent to Miss Vyner at Mr. Udloff's shop; a letter was sent to you by Miss Vyner by the direction of the police, and that letter was delivered to you at about 8 a.m. on July 3 A postcard in reply was received on the same day bearing the 9.30 a.m. postmark; therefore the letter was received by you and a postcard, which is in the same handwriting as the threatening letters, was received and posted between the time you received it at 8 a.m. sad 30 a.m.; can you throw any light on the matter by telling us into whose hands the letter passed after you received it?" I then formally cautioned her and she said, "The letter did not leave my possession until six p.m. When I received the letter there was no one present; I showed it to Ada at six p.m., and she said the knew nothing about it. My husband saw me read the letter and asked who it was from. I said, 'I expect it is from one of the girls,' but be has never seen it." On July 30 I arrested prisoner on a warrant. She said, "I did not write the letters." I said, "The charge against you is sending them, not writing them." She said. "I will go with you." On the way to the station she said, "No one saw that letter but you and me until my son saw it after you saw me on the last occasion." On being formally charged she said, "I understand."

Cross-examined. I have made inquiries about prisoner and her family; they are quite respectable people. Prisoner answered all my questions quite frankly.

Detective-sergeant WILLIAM HAYMAN, E Division, said he believes it was the fact that prisoner could not write. He confirmed Mercers story of the interview with prisoner on July 10. On the day of the arrest witness searched the premises and discovered behind a picture on the mantelpiece the letter written by Miss Vyner under police directions.

Prisoner's statement before the magistrate: "I am innocent; I do not wish to call any witnesses here."

(Defence.)

ANGELINA BEVINGTON (prisoner, on oath). I cannot write. I hate no knowledge of any of the letters that have been read, of their contents, or how they came to be written. (As to the letter from Miss Vyner and the postcard received, apparently, in reply, witness repeated her statement to Mercer. She declared that she did not post a letter or postcard on the day in question.)

Cross-examined. I have absolutely no idea who wrote these letters. (Various passages in the letters were put to witness; she could give no explanation as to how the writer came to have knowledge shown of her business and family arrangements.)

WALTER BEVINGTON , prisoner's son, who was at home on the morning of July 3. said that he went out that morning at 7.30 and did not see Miss Vvner's letter till the following day; he did not post any letter for his mother.

ADA BEVINGTON , sister of last witness, gave similar evidence.

Mrs. ROBERTS, living at the same house as prisoner, said that she did not post any letter or card for prisoner on July 3, nor could any member of her family have done so.

FREDERCK MILLS , a lodger in the house, declared that he did not post the card.

The Rev. PEERING TON BICKFORD, Rector of St. Clement's Danes, and Mrs. BICKFORD, gave prisoner a most excellent character.

Verdict, Not guilty.

BEFORE THE RECORDER.

(Thursday, September 9.)

OSHOBA, Jaiyeola George (30, mining engineer), who pleaded guilty at the July Sessions (see page 410) of forging and uttering, bowing the same to be forged, an order for the payment of £15, with intent to defraud, came up for judgment. It was stated that arrangements had been made for his return to his home at Lagos, and he was released on his own recognisances.

Reference Number: t19090907-36

TAYLOR, John (34, painter), RUSSELL, William (38, tailor), TAYLOR, George (32, no occupation), GURRON, Charles (44, fitter), and KNIGHT, Charles (26, porter) ; all breaking and entering the shop of Mappin and Webb, Limited, and stealing therein Avers large quantities of jewellery, value £43,533 17s. 8d., their foods; John Taylor, William Russell, and George Taylor, feloniously wounding and causing grievous bodily harm to William Henry Smith, with intent to disable him. John Taylor, Russell, and George Taylor pleaded guilty to the charge of breaking and entering.

Mr. F. E. Smith, K. C., M. P., and Mr. Huntly Jenkins prosecuted; Mr. Gilbert Beyfus appeared for John Taylor, Mr. Purcell for Russell, Mr. Edmundson for George Taylor, Mr. H. J. Turreli ad Mr. Martin O'Connor respectively defended Gurron and Knight.

WILLIAM HENRY SMITH . I am plate-cleaner in the employment of Mappin and Webb, Limited. On Sunday, August 22, I went to their premises at a quarter past eight in the morning and was to do watchman's duty up till seven o'clock in the evening, when the night watchman would come on. The keys produced are those I received from the night watchman. I locked the padlock on the outer gate at the Poultry entrance and also the inner door. I then went all over the premises as far as I could and found everything quite correct. The windows are fitted with revolving shutters, but when the inner door is open you can see through the iron gap into the shop. At about a quarter past one I left the premises and went to the Cannon Hotel, which is just opposite Cannon Street Station, to have a drink, though I had brought my dinner beer from home. I locked the inner door as I came out and put the padlock on the

gate outside securely fastened. I put the keys in my right-hand trousers pocket. I was away I should think about 10 minutes-no longer. When I returned the padlock was secure so far as I could see. I undid the inner door and went inside, and again fastened both the outer gate and the inner door. I then went into toe basement to cook my dinner at the gas stove. That took me about quarter of an hour or 20 minutes. Having cooked my dinner I brought it upstairs into the small office under the staircase, which is called the cashier's office, where I proceeded to eat it. While doing so I heard a slight noise at the door of the office. I looked at the door and saw one man with a mask on. (The mask exhibited proved to be extemporized from a piece of linen with holes for the eyes.) He was standing at the office door and beside him was another man not masked. I have never been able to recognise either of the men. I got off the stool I had been sitting on and west towards the door. I was then struck several times with some blast instrument; I could not tell what it was. I was knocked almost insensible, and I found afterwards that one of my finger nails had been torn off. I shouted "Murder" and "Police!" I was then bound with rope round my arms and legs. I suggest there was I third man there. I did not see him, but could hear him moving about. I was then gagged and a coat or cloth was put over my head. My ankles were bound as well. I became unconscious, and was dragged or moved some distance from the cashier's office to the place where I was lying in the shop when I came round. I found then I was lying in a pool of blood. The gag had been removed from my mouth but the cloth remained on my head. My hands were tied across my chest. I listened for a few minutes after I came to, Is hear if there was anybody about before I attempted to untie myself. I first tried to do so by getting my two hands up to my teeth, but lying on my back I could not get power enough, so I rolled over on to my face and managed to untie the cord with my teeth. Then I undid the ankle cords. The keys which had been in my right-hand trousers pocket were gone. Then I got to the door, which was opened by the policeman outside. He heard me knocking inside and opened the door. I knocked with the round handled; hook which we use to bring the lift up. I was shown two jemmies sad two pieces of piping by the police officers. I had not seen these before.

Cross-examined by Mr. Turrell. There are not shutters all the way round the building. Half of it is under building repair sad there is a hoarding half way round the shop. Where the hoarding is there is a wooden partition from the ceiling to the shop floor. There is no glass because the frontage has all been taken out of the shop. The articles stolen were taken from the shop.

By Mr. O'Connor. The police could see through the gate into one part of the shop. There is a light burning inside. A person to the right of the shop could not be seen at all. A person inside where the shutters are could see a person on the pavement.

Detective-inspector ROBERT LYON, City. On Sunday, August 22, it 1.20 p.m., I was with Detective Shuard in Poultry, and saw a man, who afterwards gave the name of Gurron, on the pavement just about opposite Old Jewry. He bad this paper ("News of the World") in his hand as if reading it, but was looking over the top of it in the direction of the Bank. I was close to him as I passed along. On that occasion I kept him under observation about a quarter of an hour. I then left alter giving certain instructions to Shuard. I returned about 3.45 when I again saw Shuard and tastier officer, Detective Dyer, who were by the Bank in Prince's Street. They made a statement to me and I patrolled the neighbourhood with them. I saw prisoner Knight wheeling a bicycle out of Backlersbury directly after I had returned. He stopped by Bucklersbury in Cheapside by Bird in Hand Court. I was standing opposite Bucklerabury and saw him stoop down and commence to handle the hind wheel tyre, at the same time looking across the street to where we were standing. From what I saw I suggested to the officers that we should move away. I walked along to King Street and was joined there by the two officers. I kept Knight under observation all the time, but he was out of eight a few minutes as I walked back. He was arrested about half an hour after I first we him. I did not see him make any repairs to his bicycle. About a quarter past four I was nearly opposite Mappin and Webb's by Grocer's Hall Court still watching Knight, and saw prisoners John Taylor, Russell, and George Taylor come out of Mappin and Webb's doorway. George Taylor walked away from the door and John Taylor and Russell stopped by the doorway and were about to fasten is the door. All three were arrested, and I saw Dyer arrest Knight, Gurron had been previously arrested. At the Cloak Lane Station jewellery valued at £10,538 11s. 1d. was found on John Taylor. A quantity of jewellery valued at £1,861 was found in a "Dorothy" tag. On him were also found two pairs of gloves, a white handkerchief stained with blood, a bunch of keys and a chisel. On Gorge Taylor there was found jewellery valued at £29,084 10s. 6d., and a jemmy wrapped in paper. No property connected with the charge was found on Gurron or Knight. I subsequently examined Mappin and Webs premises and found the ground floor in great disorder. There was a second "Dorothy" bag containing jewellery of the value of £1,683 2s., also two jemmies and two broken padlocks. Three bars (one produced) had been forced off the show cases which were almost empty. In the south-east corner of the room there was a quantity of congealed blood, a uniform coat, a loft 'saturated with blood, pieces of rope saturated with blood, and piece of brown paper with blood upon it. I was not able at the time to ascertain how the premises had been entered, but on further searching prisoners I found a duplicate set of keys on George Taylor, facsimile of the original keys belonging to the premises. Two of them open the door of the shop and the other opens the gate. The actual keys taken from the pocket of the watchman were found upon Russell, who was about to lock the door with the original keys when

arrested. But for the vigilance of the police Smith would undoubtedly have been looked in.

Cross-examined by Mr. Turrell. I suggest that when the two Taylors and Russell were inside they locked themselves in, and when they came out they were going to lock the place up again. When I first saw Gurron he was reading a newspaper looking towards the Bank of England in an opposite direction to Mappin and Webb's. I cannot say ft papers are sold at the corner of Prince's Street on Sunday. There are a great many people moving about this part at this time of the day. Most people buy a paper to look at and even do so in the street. The omnibuses stop opposite Mappin and Webb's doorway. I do not know that it is a common thing for appointments to be made for that neighbourhood. There were only three officers keeping observation.

By Mr. O'Connor. I did not notice that Knight had a spanner in his hand. I was not really close enough to see what he was doing. At the time he was arrested he was just about to move away. The distance from where he was standing outside Bird in Hand Court is 112 yards. There was a fair number of people pawing along the streets. From where Knight was standing he could see Mappin and Webb's premises. I made the experiment myself on the Tuesday after the arrest. I could recognise anybody leaving Mappin and Webb's from that distance. I examined the bicycle to see if there was anything the matter with it, but I am not as expert. I can ride a bicycle. I caused inquiries to be made of the owner of the cycle. Knight gave his correct name and address. I am aware that Knight denies all knowledge of the other prisoners I have not been able to ascertain anything to the contrary. Knight gave the police the names of the persons by whom he is employed.

To Mr. Huntly Jenkins. There was a carrier on the bicycle to which parcels might be attached. (The bicycle was brought into court and shown to the jury.)

To Mr. O'Connor. The bicycle is suitable for carrying a bag. I should expect to see a carrier on a tradesman's cycle.

Police-constable WILLIAM POOLE proved a plan to scale of the locality.

Mr. O'Connor objected that the plan was not admissible, there being four representations of bicycles on the face of it.

The Recorder: You mean it is a marked plan.

Mr. O'Connor: Yes.

The Recorder: You have had it before the jury. You were asked if you had say objection to it. I supposed you had seen it.

Mr. Huntly Jenkins: My friend Mr. Smith opened the case and placed the plan in front of my friend. I asked if he had any objection and he said "No."

Mr. O'Connor: We agree on everything except this—I had not looked at the plan I assumed it was a plan drawn by a competent surveyor. I said to my friend. "If you call the surveyor to prove this I have no objection." I submit it is an inadmissible plan and ought not to be put in.

The Recorder: It seems to me an extraordinary objection to take. Mr. Smith, in opening the case, drew attention to the plan. It was shown to you and you asked if you objected to it, and you said "No."

Mr. O'Connor: I had not looked at the plan at the time. Another defect of this plan it that it ii not by a surveyor.

Mr. Huntly Jenkine: The officer who made the plan it a qualified surveyor.

The Recorder: What do you want me to do—exclude it from the evidence?

Mr. O'Connor: Yes, my lord.

The Recorder made a note of the objection, but said he thought it would be better to admit the plan and let Mr. O'Connor take any course he pleased, the plan hating been Actually handed to the Jury in the belief that no objection was going to be taken to it. Of course it might be said under the circumstances that the Jury had law influenced by something that was not fair and not evidence.

Inspector LYON was then examined as to the positions in which he saw Knight with the bicycle as marked on the plan, and similar evidence was given by Detective-constable FRANCIS DYER, and Detective-constable SHUARD.

Detective-constable FRANCIS DYER, City, further examined. On the afternoon of Sunday, August 22, I arrived at the Poultry about 1.20 pa. I was by myself, acting under instructions. Button (another fitness) was not with me at that time. I saw him about 2.15 p.m., and after that he was occasionally in my company. When I arrived at Poultry I saw Gurron, who was standing outside Mappin and Webb's gateway, with a newspaper in his right hand. I then went round the apex of the triangle into Queen Victoria Street, where I met Detective Shuard. We both returned to Poultry. Gurron was then leaning on the handrail of the raised footway of the hoarding with his back to the gate, having moved his position about 2 ft It was possible for him to see Shuard and myself, because we were dodging about—sometimes together and sometimes apart. Besides Gurron, I saw another man not in custody. He stood at the corner of Poultry by Queen Victoria Street; that would be just the point of the triangle. When he moved I followed him. He walked to the corner of King Street, where he stood looking in the direction of the Mansion House. Then he appeared to be looking in the direction of Gurron, who was still leaning; on the handrail. I followed the man up Cheapside; he kept looking back until fie got to St. Paul's Churchyard, where I lost sight of him. I then returned to ✗Shuard in Poultry. Gurron was still leaning on the handrail. A third man, not in custody, carrying a newspaper, walked past Gurron and touched him with his left hand in this way (indicating). It did not appear that he touched him accidentally. Gurron then walked across to the Bank corner of Prince's Street, Shuaro, following him, and a few minutes later he was joined by the third man. They walked a few yards down Prince's Street and returned to the corner of Queen Victoria Street by Mappin and Webb's, where they stood in conversation. Gurron then walked into Poultry round by Mappin's door, turned round, and read his newspaper facing the gate. About a minute later the other man crossed over and beckoned Gurron with his newspaper. They joined in Grocers' Hall Court and together entered the saloon bar of the "Three Crowns" in Old Jewry. I did not see them join, as I went the other way, but I taw them enter the bar. They had a conversation there and appeared to by very excited and hurried away after they had had a drink. That would be about 10 minutes past two, as near as I can say. They

both returned to Poultry. It was as I came out of the public-house that I met the witness Sutton. I went through Bucklersbury, returned and spoke to Sutton. Gurron was standing then outside Lyons's Restaurant, almost opposite Mappin's. The third man crossed to the handrail and took out a newspaper from under his waistcoat. Shortly afterwards they both returned to Grocers' Hill Court, subsequently entered the same bar, had refreshment, sad returned to Poultry. Gurron then crossed over to Mappin sad Webb's, went close up to the gate, and appeared to be looking in. There are iron railings to the gate. The other man crossed over and stood with his back to Gurron, immediately behind him, holding his newspaper up in that fashion (indicating) and appeared to be reading. They remained in that position a few minutes. Then both suddenly hurried away up Cheapside. By Bucklersbury I lost tight of the third man. By that time it was about 10 minutes past three. I had not seen Knight yet. I followed Gurron. He walked up Cheapside very excited and kept looking back. Having gone as far as Newgate Street, he doubled back to outside Sweeting's by the O., where he got into a motor 'bus and immediately took off his hat. I got into the motor 'bus immediately afterwards and requested him to leave, which he did. I then told him I was a police officer and should take him into custody as a suspected person frequenting Cheapside for the supposed purpose of breaking into a shop. He said, "You have made a mistake." I then handed him over to two other officers, who were walking along Cheapside and directed then to take him to the police station. Shuard was present. Shuard and I then went in search of the third man, going in different directions, and as near as I can say, about a quarter to four, I met Inspector Lyon by the subway at Prince's Street. Shortly afterwards we were joined by Detective Shuard. We all went up Cheapside together. At the corner of King Street I noticed Knight standing with bit bicycle outside Bird-in-Hand Court. The bicycle was in the gutter with the hind wheel towards the Mansion House. Knight was is ft stooping position, looking over the top of the bicycle, apparently watching us and other people in Cheapside. He frequently stood up and looked in the direction of the Mansion House. From the tine we first saw him till the time we arrested him would be about 25 minutes. I crossed over and walked past him to see if I could see whether there was anything wrong with the bicycle. There was apparently nothing wrong and he was simply rubbing his fingers as and down the spokes. Of the three men who left Mappin and Webb's I arrested Russell and handed him over to another officer. I then immediately ran up and arrested Knight, who, as soon as he saw me, mounted his bicycle and had just got his right leg over toe saddle as I came up. I pulled him off and told him I was a police officer and he would be charged with the other men who, I believed, had broken into Messrs. Mappin and Webb's shop. He replied, have not been here a minute."

Cross-examined by Mr. Turrell. I was told to go to Poultry and keep observation as there were some men loitering about there. I

saw several hundreds of people daring the three hours I was there. As to the two men not in custody I thought the action, of the first was suspicious because he went off in such a hurried way. When Gurron got from the 'bus opposite Sweeting's it was stationary; he turned back from Newgate Street to get into it. I thought his action extraordinary as he could have caught a 'bus going east at the Mansion House. I should! have arrested him otherwise.

Cross-examined by Mr. O'Connor. The first time I met Shuard would be about 25 minutes to two in Queen Victoria Street. I had then left Gurron standing about a foot away from Mappin's door. Shuard and I, as near as I can remember, went through Bucklersbury; we were frequently meeting and parting. I did not see Knight until a quarter to four. Of the two men not in custody I saw the first one about half-past one o'clock and the second about two o'clock. I may have communicated my suspicions to Shuard; bit a lot occurred during three hours. I think it was Shuard who first noticed the second man. I was in and out of Poultry, Cheapside, Grocers' Hall Court, and Old Jewry perhaps 30 times. To the best of my belief Inspector Lyon first directed my attention to Knight; I had already formed an opinion when he spoke to me. I did not notice other cyclists waiting opposite some baulks of wood is Queen Victoria Street (one of the positions occupied by Knight). I suggest that when Knight was stooping behind his bicycle at Birdin-Hand Court he was watching me and other persons passing. I suggest he was there for the purpose of watching the men coming oil of Mappin's under pretence of mending his bicycle. There were not many people passing on that side of the pavement. I suggest that from the position in which he was he could see them leave the door of Mappin's premises and tell who they were. It is impossible to see the door, but you can see anybody emerge from the door. Immediately a man put his foot outside the door he could be seen; I hive proved it. Where Knight was standing was just in a line with the handrail round the hoarding. When the iron gate opposite Mappin and Webb's door is shut it is flush with the front of the other buildings. I did not see prisoner Knight do anything with ft spanner. His gear, including the spanner, was all wrapped up in cloth in a little tin box which I produce here. The cloth is marked with a "K." When I lost the second man I asked Shuard if he could say whore" he had gone; he said he could not. King Street is 51 yards from Bird-in-Hand Court. No one was left at the corner of Bird-in-Hand Court to arrest Knight and there was nothing to prevent him riding off down Bucklersbury.

Detective-constable JOHN SHUARD, further examined. On the afternoon of Sunday, August 22, I was with Detective Lyon, whom I met in the Poultry about 1.20. I there saw prisoner Gurron by Mappin and Webb's apparently reading a newspaper and facing east. I passed him and went as far as Price's Street, keeping him under observation from there. He walked up and down the street. He walked to the raised footway outside Mappin and Webb's and commenced reading the newspaper. Having remained

there some time he walked further on and had a look at the doorway of Mappin and Webb's. Then I saw another man and followed him along the triangular block through Bucklersbury. When I got through there I saw another officer, and as the man passed prisoner Gurron he touched him with his left hand. At that time I had Gurron under observation from 1.20 to three o'clock, when he left the vicinity and was arrested. After Gurron was arrested I returned to Queen Victoria Street and went through Pancras Lane to the corner of Bucklersbury, where I noticed prisoner Knight standing with his bicycle at the Bucklersbury corner of Queen Victoria Street with his left foot resting on a baulk of timber. He remained there a quarter of an hour and then rode round into Poultry. When he got opposite Wheeler's (the haberdasher's) shop, he got off his bicycle.

Cross-examined by Mr. Turrell. I had Gurron under observation the whole of the time excepting for about two minutes. I saw him meet a friend. I did not see him go into the tube station, but I saw him walking in that direction. I saw him have two drinks at the "Three Crowns," which I should say is about 80 yards or 90 yards from Mappings. I lost sight of them when they west down the tube steps. I followed the second man down to the tube railway at the entrance of Threadneedle Street. They went up the steps and crossed over to the Bank, all within the space of two minutes. The other man has disappeared.

By Mr. O'Connor. I only saw the back of the second man. I should say I mentioned about Knight to Dyer. I believe I said something about a man with a bike as I passed him, but I cannot say whether he heard me or not. It was not policy for us to be all together. If there had been officers enough you may take it we should have kept each suspected person in view the whole of the time. Inspector Lyon spoke to those in his company, which included the witness Sutton, at the corner of King Street. I do not remember the words but I remember Dyer going away. Lyon may have said, "The man standing by the bicycle looks a bit suspicious," but I cannot remember the words. I gave Inspector Lyon an account of what I had done, but I had not paid much interest to Knight.

HUBERT WILLIAM SUTTON , electrician I am acquainted with Detective Dyer. On August 22, about 2.15 p.m., I met him at the Queen Victoria Street end of Bucklersbury by accident. After conversing with him I accompanied him into Poultry, where I saw prisoner Gurron outside Lyons's Restaurant, opposite Mappin sad Webb's. I first saw prisoner Knight about 3.10 riding a bicycle through Bucklersbury from the Victoria Street corner. He dismounted outside Bird-in-Hand Court and there looked about him in both directions. He then mounted his bicycle and rode throngs King Street and Gresham Street, returning through Old Jewry and again dismounted outside Bird-in-Hand Court. He again looked about him and stayed there 15 minutes or 20 minutes. He then walked with his bicycle through Bucklersbury into Queen Victoria

Street and I lost sight of him. After that I again met Dyer and was with him about five minutes. At about four o'clock I met Dyer with Inspector Lyon and Shuard at the corner of Prince's Street. We walked along Poultry towards Cheapside. Just before we came to King Street I observed Knight in a stooping position by his "bike" outside Bird-in Hand Court, rubbing his fingers up and down the spokes and looking over the top of the saddle and through the spokes of the wheel all round him, but principally towards the Mansion House. Ten or 15 minutes afterwards I saw Russell and the two Taylors arrested. Dyer arrested Knight just as he was mounting his bicycle to ride away.

Cross-examined. I am employed by the City of London Electric Light Company. I was strolling along Queen Victoria Street when I met Inspector Dyer. There is generally a number of people going by there on Sunday afternoon. I was in the neighbourhood about two hours after I met Detective Dyer. I was present at the police court proceedings. Detective Dyer came to my place and wrote out a statement from my dictation. We did not talk the matter over; I told it him voluntarily. I know Detective Shuard quite well tad saw him there that afternoon and asked him where Gurron had ✗ I saw Inspector Lyon about half-past three at the corner of Prince's Street. I did not hear what passed between Inspector Lyon and Dyer, or between Lyon and Shuard. At the corner of King Street I heard Inspector Lyon tell Dyer to walk round Knight, who was in a stooping position by his bicycle. I had called Shuard's attention to Knight. I said, "I have seen him here before." Having watched Dyer walk round Knight: we walked into Grocers' Hail Court, where we waited until Dyer joined us. Then we walked down Cheapside and saw the three men come out of Mappin and Webb's gateway. Several other bicyclists passed along Cheapside. I watched the two other men not in custody. They spoke to Gurron outside Lyons's Restaurant. I did not see any of these people talk to Knight. I was watching Gurron and two other men a good half-hour. Then Gurron went along Cheapside and the other two disappeared down Bucklersbury. It was while looking down Bucklersbury to see if I could see the two men that I noticed Knight coming up with his bicycle. To my knowledge, the detectives were not watching Knight before Inspector Lyon said his movements were suspicious. I did not think at first Knight was watching for an improper purpose, but on his second appearance I did, after he had gone through King Street and come back through Old Jewry. Until the three men came out it was not known that anybody had broken into Happin and Webb's, but it was suspected that it was intended to do so, and I thought myself these persons were there for the purpose of breaking in. I was not called as a witness at the police court as the Alderman (Sir Horatio Davies) said he had enough evidence.

Re-examined. I did not see any other cyclist besides Knight looking over the wheel of his bicycle.

(Friday, September 10.)

Detective-sergeant ARTHUR WOOLLARD, L. I have seen all the prisoners in this case. I knew Gurron and Russell previously to August 22 and have seen them together on two occasions. On August 2, the night of August Bank Holiday, I saw them together in Waterloo Road visiting public-houses. I had them under observation on that occasion about an hour and a quarter. They gave me no sign of recognition. The next occasion was on August 20, about 8.20 in the evening, just outside the "Dover Castle," Westminster Bridge Road On that occasion I had them under observation about 10 minutes As Gurron left the "Castle" he saw me, nodded his head and smiled.

Cross-examined by Mr. Turrell. When before the Alderman I did not say anything with regard to Gurron recognising me. I was, of course, in plain clothes. When Gurron left Russell he entered the "Dover Castle," and Russell went into the "Crown and Cushion" across the way. There were three other men in their company. One of them accompanied Russell to the "Crown and Cushion," and the other two went into a public house in the vicinity. I am perfectly convinced that Russell and Gurron were in each other's company When I saw them in the Waterloo Road there were thousands of people about, as is usual after a race meeting. Prisoners after their arrest were seen by about 100 officers for the purposes of recognition.

To Mr. Smith. I have not the slightest doubt that Gurron and Russell were the men I saw.

WILLIAM SYDAL , jewellery manager of Messrs. Mappin and Webb, gave evidence as to the value of the jewellery. The total value handed over to him by the police was £43,533, and he produced a complete list of the property.

HENRY ERNEST WRIXON . I am a gold chain maker, and carry on ray business at 72, Herbert Street, Hoxton, which is a private house I have known prisoner Knight between eight and 10 years. He is scarcely a friend, but has often been sent to my place by his father on business. On Saturday, August 21, he came to my house and asked for the loan of my bicycle. I had never lent the bicycle whim before. He spoke of a trip to Brighton on the following Monday or early in the week. I lent it to him and he took it away.

Cross-examined by Mr. O'Connor. During the time that I have known him he has borne the reputation of a respectable man. I have never heard anything said against his honesty. I know his father well. He is a second hand furniture dealer. The intention was that prisoner Knight should have the loan of the bicycle for a few days, to the end of the week if he wanted it. The bicycle was not perfectly sound; it was rideable, but there was a fault in the free wheel, the pedals sometimes revolving without the bicycle going forward. It would not be necessary to tighten the chain to get the adjustments right again; it would right itself in another revolution.

To Mr. Smith. I consider the bicycle was in a condition to be safely run a trip to Brighton. I did not think it necessary to mention this defect to Knight; it did not occur to me; I attached very little importance to it.

The bicycle was brought into court and Detective Shuard gave a demonstration of Knight kneeling by the bicycle and peering furtively over the wheel at passers by. Knight is 11 in. shorter than the detective.

(Defence.)

CHARLES GURRON (prisoner, on oath). I very well remember being outside Mappin and Webb's in Cheapside on Sunday, August 22, at 1.10 p.m. It is quite true that I was leaning against the railing outside the hoarding reading a newspaper. I had come from Oakley Buildings, Oakley Street, Lambeth, where I had been staying with my brother. I was in Cheapside because I had an appointment with a friend of mine at the Bank corner of Prince's Street; he never came. I did not see either of the prisoners there. I had never seen Knight Won he came into the police station. I do not know either of the Taylors I do not know Russell personally; I may have seen him at race meetings; I think I should know him by sight. On August Bank Holiday I went to Sandown Park. I have no recollection of seeing Russell that day. I was not in Westminster Bridge Road in the evening of August 20; to say I was is a lie. I know Sergeant Woollard very well. I did not see him on that day. I did not go into a public house with Russell on that day. On Sunday, August 22, I had given up waiting just after two for my friend, and I went across to the Tube Railway and booked my ticket to Kennington. I was about to get into the lift when a man I know very well came out and asked me where I was going. We stood talking a little while and then went and had a drink in the Old Jewry. I strolled a little way Up Cheapside and said "Good day" to the party I was drinking with. I thought I would wait a little longer, thinking possibly my friend might turn up. Then I went back to the Bank corner, where I stayed some little time. Then I walked up Cheapside to Sweeting's, thinking that there might be some mistake as to the place of meeting. I crossed to the middle of the road, and seeing the motor 'bus pass I thought to myself, "I will not wait any longer," and got into the bus. To my great surprise I was beckoned out. I had no idea that any shop or warehouse breaking was to take place that aftertoon.

Cross-examined by Mr. Smith. Mr. Barker was the name of the man I had an appointment with. He was up till within a fortnight ago foreman at Pettitt's, the cab proprietors, and he resides in Riverside Street, but I do not know the number. I was going to accompany him that Sunday afternoon to Chadwell Heath, where he was thinking of taking new premises. I have sent a message to him by a friend, and as he has not replied I conclude he has changed his address. I am quite certain I told my solicitor the name of the man with whom I had an appointment. I am very much surprised that he has not come forward to speak for me. The friend I asked to ascertain Barker's whereabouts has a coffee shop at 11, St. George's Circus. The friend I afterwards met on the afternoon of August 22 is named

Alfred Green. He is in the billiard profession, but I do not knot where he lives. I have made no attempt to bring him here; I do not see why I should. It is a falsehood to suggest I was hiving suspicious conversations with different men outside Mappin and Webb's shop. I listened to the evidence in the court below, hut I did not then think the case was so serious. I am confident I only spoke to that one man. I deny that I was loitering round Mappin and Webb's pretending not to look at the premises while really looking at them. I did not know Russell on August 22, nor what hit name was. I should not have known him as a racing man if I had met him in the street. I cannot call to mind that I saw him on the August Bank Holiday. When I came off Waterloo Station on that day I went into the "Lord Hill" and the "Hero." I have seen Russell at race meetings. I went into the "Lord Hill" and the "Hero" to look for someone. I may explain that among people who frequent race meetings, if a man has had a bad day, someone who has had a good day will perhaps give him a bit of silver, and I was going about to see if I could Bee any friends who had had a good day so that I might be able to get a little bit of money. Russell was not in my company. I spoke to perhaps two or three doses people, and I think someone took me into the "Hero."

CHARLES KNIGHT (prisoner, on oath). I have lived at Warden Place, Clerkenwell Green, for two years, and before that lived it Charlton Place, Euston Road. By occupation I am a furniture porter employed by Messrs. Furber, Price, and Furber, auctioneers and estate agents, of Warwick Court, Gray's Inn. Before this I have never been charged with any offence against honesty. I first saw the prisoners John and George Taylor, Russell, and Gurron it the police station. I have never lived in Lambeth. Before I was arrested I knew nothing of Mappin and Webb's premises being broken into. What Mr. Wrixon has said about lending me tin bicycle on Saturday, August 21, is correct. I had the option from my employers of taking a week's holiday, and arranged with Mr. Wrixon to have the use of it for a week. I took the bicycle away on the Saturday. On the Sunday, about three o'clock I was in the "Crown" public house, Clerkenwell Green, at closing time. From there I went across Clerkenwell Green, up Goswell Road, turned don City Road, past Finsbury Pavement, into Aldgate, and so to Petticoat Lane, where I bought a pair of trouser clips to tighten my trousers for the bicycle. Then I bought some fried fish at a shop in Middlesex Street, and eat it inside the shop. Then I got on the bicycle and rode towards the Bank. Coming along I stopped to look at the machine because I could not get a proper treadle on it. I could not exactly tell you through what streets I passed became I do not know the names of the streets in the City. The machine broke down a second time just by Bird in Hand Court. I could not make out what was the matter with the machine, because every now and then when I worked the treadle it turned without moving the wheel; the attachment being lose the pedals revolved without the machine moving. Then I got my spanner out to tighten the nuts,

thinking that might make a little difference. I did not leave Petticoat Lane until 10 minutes to 4, and when I stopped at Bird in Hand Court it was about 4.10 p.m. I might have been at Bird in Hand Court quarter hour or 20 minutes. I stooped down to examine the bicycle, but did not watch passers by over the top or through the spokes. I may have looked towards the Bank, as Shuard said, and also up Cheapside, but I was looking at the bicycle mostly. I thought I had put the machine right, and put the spanner with the other tools in a parcel, in the tool box, but I never had a chance to try the machine, as I was arrested. That was my only stoppage in Cheapside. I was not, as the witness Sutton said, outside Bird in Hand Court at 3.10. I did not cycle through King; Street, Gresham Street, and Old Jewry. There were plenty of cyclists passing. I did not sell the police whose bicycle I was riding they never asked me the question. I did not know what I was charged with till 10.30 on Sunday night. I did not know any of the detectives by appearance, and, as far as I know, had never seen them before this case. When Dyer arrested me he said, "I want you; you are concerned with these men." I said, "What men?" He said, "You will know all about it when you get down there. We have got a friend of your'n down here." I did not make any reply to that. I could not make it out; I was fairly done. I could hardly stand, and was trembling all war. He then claimed me and "scurfed" me down to the station. I asked one of the detectives what I was there for. He said, "You till know later on." I did not say when arrested," I have only fast here one minute," or anything like that. If the machine would go I intended riding to Brighton on the Monday. I stopped at Bird in Hand Court to be out of the way of the traffic. I intended to ride from there to my father's place in Holborn.

Cross-examined. The "Crown" on Clerkenwell Green is a house I use, and they know me there. I have not been there to ask if they would come here to say I was there at three o'clock on August 22, but my niece, a girl about 13 years of age, can prove that she fold my bicycle while I went to get a drink. It was so close to time that the people of the house probably would not remember wring me. Since I have been in Brixton I have asked my father to see if they did remember. I saw my father afterwards, but forgot to ask him about the matter, as I had so much to tell him. It took me 10 minutes or quarter hour to ride to Petticoat Lane; there are 60 or 70 stalls there, and I bought the clips at one of the stalls. The fish shop is about 100 yards from where I bought the clips. I remained there 10 minutes or quarter hour. I do not know whether they know me at the fish shop. I may have been there a dozen times in the last 12 months. The name of the waitress is Polly. I cannot say for certain that she would recognise me; she serves so many hundreds of people. I have made no attempt to get evidence from the fish shop. I do not know that it is written up in the cell that the police would get any witness I wanted. I am not much of a scholar; I cannot read; I can write my name. I am 26. I did go to school, but left when I was in the second standard. I told

my solicitor I had been to the fish shop. I do not know whether he has made enquiries. I have not seen anyone from the fish shop court. It would be about 20 minutes to 4 that I left the fish shop The first trouble I had with the bicycle was at Finsbury Pavement. Nothing happened to it afterwards till I got to Bird in Hand Court. When I left the fish shop I did not go straight to the Bank, bet looked at the stalls again on my way back to see what I could pick up. I was in the roadway, but the stalls are flat, and you can look over them. It would be about 5 minutes to 4 when 1 left for the Bank. I saw the time I arrived in Bird in Hand Court by Bennetts clock. I was not at the spot where Bucklersbury meets Queen Victoria Street at 3.10; if anybody says I was there that is incorrect It is not true that I stood by Mappin and Webb's where Poultry meets Queen Victoria Street with my foot resting upon a baulk of timber. I did not stop in the Poultry just beyond Mappin and Webb's shop going in the direction of Bird in Hand Court at 3.30 The only place I stopped at was outside Bird in Hand Court. My father's house is No. 9, Beecham Street, Holborn, just at the back of the "Prudential." My father lives and used to carry on business there, but the business has been discontinued now for about six months, and I have kept the bicycle in the shop since it has been empty. On the Sunday morning I went to see Mr. Wrizon because I had promised to take the bicycle back that day as he wanted to go out on it, bet I had overslept myself, and went to tell him so. I was to have had the bicycle again on the Monday. I had it on Saturday to have a trial spin. The tools were wrapped up in the bag, and after I had used the spanner I wrapped them up again. Notwithstanding the evidence to the contrary, I say I did use the spanner. There is so truth in the suggestion that I was in the neighbourhood of Cheapside before four o'clock. I did not say when arrested I had only bees there quarter hour. I made no remark at all. I said when Dyer came up, "What is this for? I do not know nothing about it."

Re-examined. There were many people in the bar of the "Crown" at three o'clock. I usually call at the fish shop when I am that way, which may be once in three months or once a week. It is necessary to have practice on a bicycle before going a long journey, like that to Brighton. I have not communicated with Mr. Wrixon since the date of my arrest.

WILLIAM MARTIN , furniture dealer, 70, Margaret Street, Clerken well; PETER WALSH, furniture porter, 137, Fotheringham Road, Enfield; and RICHARD SAMUEL HOLT, house agent, 3a, Beecham Street, Brook Street, Holborn, gave prisoner Knight a good character.

(Saturday, September 11.)

Verdict: Gurron, Guilty; Knight, Not guilty.

Mr. Huntley Jenkins said he did not propose to proceed with the wounding indictment, all the facts in connection with it having come out in the hearing of the charge of breaking and entering.

Detective-sergeant ROBERT HOWELL, Liverpool police, proved the conviction of Russell at Liverpool Assizes on November 27, 1902. He was then tried on three indictments for shop breaking, on two of which he was convicted, the sentences being two terms of three years penal servitude, to run concurrently. In February 1905, he was discharged on license. On May 17, 1905, he was sentenced to four months' hard labour at Preston Sessions for welching, and his license was revoked. He was let out again on license on March 16, 1906, in the Manchester district, and there were subsequent convictions, the date of the last being July 8, 1907. when he had three months at Leeds for loitering. His criminal career commenced in 1899, Witness also said that he had had occasion to keep prisoner under observation, and knew him to be the companion of expert thieves. At the time of the Liverpool conviction he was taken in company with a notorious old convict.

To Mr. Purcell. When I have seen him at Liverpool since his conviction it has been during the racing season. Before he received the sentence of penal servitude his longest term of imprisonment was two months.

Detective-sergeant GEORGE MARSH, Halifax police, proved previous convictions against George Taylor. On October 14, 1901, he was convicted of shopbreaking at the West Riding Sessions at Wakefield, and sentenced to ten years' penal servitude, and released on June 5 of tail year, with two years and 130 days to serve, so that when this offence was committed he had only been out of prison two months. There were many previous convictions, and his record was a terrible one. He had had seven years three times, and was sentenced to penal servitude twice within one year. On March, 1899, he was sentenced at York to seven years for shopbreaking. On June 29, 1890, he escaped from Wakefield Gaol. He immediately committed a similar offence at Rochester, and was sentenced to another term of seven years. There was a large number of other convictions, prisoner having commenced his career of crime in 1879.

Inspector THOMAS DIVALL, J. Division, and speaking to the conviction against John Taylor, said he was not related to George Taylor. About 12 years ago, when his lordship was Common Serjeant, prisoner John Taylor was charged with another man with stealing the watch of Mr. Spencer. Charrington within the precincts of the House of Common, and sentenced as John Pickett to 18 months' hard labour. Witness happened to be passing through the court and recognised him as a dangerous criminal, prisoner then posing as a respectable man. There was only one other conviction for loitering at Newbury, but witness thought that was because the police had been unfortunate. He had known prisoner from boyhood; he had never done any work in his life, but was the associate of thieves, and had been a pickpocket almost since he was able to move about.

To Mr. Huntley Jenkins. I cannot tell whether this prisoner was concerned in stealing the motor trophy.

To Mr. Purcell. I believe the men concerned in stealing the motor trophy came from America.

To Mr. Gilbert Beyfus. I have seen prisoner John Taylor about racecourses. I cannot say he has done work as a commission agent because no one would trust him with money.

Police-constable THOMAS BROTHERHOOD, 318 A, proved a number of convictions against Gurron.

Detective-inspector FRANK PIKE stated that Gurron was the leader of and the brains of a very dangerous gang of thieves infesting Waterloo Station and the neighbourhood of the Elephant and Cattle. On many occasions he had seen him going away with gangs of thieves to race meetings, and had seen him on racecourses in all parts of the country. He did not pretend ever to do any work, but was an habitual criminal pure and simple.

Prisoner Gurron. You are a liar.

To Mr. Turrell. I do not know that Gurron was employed at a restaurant for three years.

The Recorder asked for the evidence of the doctor who attended Smith, the caretaker.

HAROLD THOMAS HAY WARD BUTT , house surgeon, St. Bartholomew's Hospital. On Sunday, August 22, between four and five in the afternoon, the man Smith was brought to the hospital by ambulance. He was very collapsed and white, and had obviously recently lost a good deal of blood. He had three wounds on the left side of the head, two of them down to the bone. The instrument with which they were inflicted could not have been quite blunt, the cuts were too sharp for that. A jemmy would have done them. He was bleeding from his mouth, one of his finger nails was torn off his left hand; both his wrists were very swollen as if something had been tied round them; he could not move his right arm, and had an injury or injuries to his shoulder. That was the extent of his injuries He was an inpatient for six days. He could just speak, that was all; he could speak when we got him into bed and got him warm, but he was very bad when he came in. His lips and gums were bleeding as if something had been done to them We gave him restoratives. He is still an out-patient. His nervous system was very much upset, so much so that he could not sleep, and we had to give him opiates; he was always talking about the matter; it was on his nerves, and we kept him in a separate room. He is much better now; his external injuries are practically healed, but he is still suffering from the effects. Three weeks in a Convalescent Home would probably do him a great deal of good.

Detective-inspector WILLIAM GOUGH, BOW Street, gave evidence as to the connection of prisoners Russell and Gurron with the robbery of the motor trophy. A gang of American criminals came over here, and were kept under observation, but their arrest was not effected until the 17th of May last, when they were caught red-handed stealing the motor trophy of the Rover Motor Company from the shop in New Oxford Street. Two men were convicted and sentenced at the County of London Sessions shortly afterwards, and prisoners Gurron and Russell had since been identified by three of the witnesses as being two of the men who got away on that occasion. It had been

decided that the matter should be mentioned to hit lordship. One man went into the shop and took the assistant to the other end of it; another went in and stole the cup; a man outside held a newspaper to the window to hide the man inside; another man stood in the doorway. There were only two detectives keeping observation; the result was that only two of the men were caught, and the trophy unfortunately was carried off and never recovered.

To Mr. Purcell. As a matter of fact, we knew who the other men were that were concerned in this robbery, but were unable to effect their arrest, but as soon as they were in custody, on the very first say they came up, I had a witness at the Mansion House Police Court, and they were identified from amongst a number of other men. A detective is in court now who established their identity.

To the Recorder. In the ordinary way they would have been brought up on a Home Office order, and the indictment would have been proceeded with had they not been in custody on this serious charge. On release they will be rearrested.

Mr. Turrell (for Gurron) said that, although he did not cross-examine, he did not admit anything of the kind.

Sentences: John Taylor, Russell, and George Taylor, Ten years' penal servitude; Gurron (who could have taken no part in the wounding), eight years' penal servitude.

Mr. Huntley Jenkins mentioned that Sir Horatio Davies, when committing the case for trial, paid the highest possible compliment to the police concerned, and those who instructed him for the prosecution would like to associate themselves with that very high component. This matter was discovered by a cabman. His suspicions were aroused; he did not know what was likely to take place, but to knew prisoners as bad characters; he went round to the police station, and Inspector Lyon went out with his men and surrounded the piece.

The Recorder remarked that probably Messrs. Mappin and Webb would think the cabman's particular service was entitled to recognition.

Mr. Huntley Jenkins said he understood that the cabman and everybody connected with the case was to be rewarded.

The Recorder agreed in everything that had been said with regard to the police. The capture reflected the greatest credit on Inspector Lyon and his subordinates, and only emphasized what he had known for many years—and in this the Alderman beside him (Sir Horatio Davies) concurred—that there was no finer body of police in the world than the City police.

Mr. Jenkins asked for an order of restitution.

The Recorder said it was not necessary to make such an order, but he would make it.

BEFORK THE COMMON SERJEANT.

(Thursday, September 9.)

Reference Number: t19090907-37

CLIFFORD, Henry, otherwise Conrad Harms (33, no occupation) ; feloniously uttering, knowing the same to be forged, two several forged bills of exchange for the payment of £1,637 14s. each and an authority and request for the payment of money, to wit, a banker's advice note for the payment of £1,727 Os. 7d., in each case with intent to defraud; feloniously marrying Freda Braun, his wife being then alive.

Mr. Muir and Mr. Elsley Zeitlyn prosecuted.

Prisoner was tried on the indictment for uttering forged bill of exchange for £1,637 14s., the forgery having been committed in United States.

NEWBOLD JACOB LYON , manager, foreign department, J. 8. Bache and Co., New York, bankers. I recognise prisoner as Conrad Harms. On January 20, 1909, he called on me asking me to cash a Russian draft for 1,000 roubles. I told him I did not know him and could not take the draft. He referred me to a letter of introduction he had presented in August, 1907, to Mr. J. S. Bache, who was absent in Cuba. I next saw him on March 22 or 23, when he was speaking to our manager, Mr. Hensley, and again on March 29, when he had been engaged as clerk in the foreign department. He has since worked at the desk next to mine up to May 6, when I sailed for Europe. My firm is accustomed to draw bills on the Swiss Bankverein in London. A clerk in the foreign department would have the order to draw a bill, filling in the particulars on the counterfoil, and would then produce the bill book to a member of the firm for signature. A statement would be made for a bookkeeping entry. On May 6 I had to leave for Europe for six to eight weeks, and I instructed prisoner to conduct part of my duties in the foreign department. Original and duplicate bills (produced), dated May 7, 1909, are drawn in favour of Parr's Bank, Limited, for £1,637 14s. on demand; the body is in the handwriting of prisoner; the signature is an imitation of the signature of Leopold S. Bache. The counterfoil is dated May 1, 1909, and is for £1 10s. 2d., being in the handwriting of prisoner. Cheque produced on Parr's Bank for £1,437 3s. 11d., dated June 1, 1909, signed Conrad Harms, is entirely in prisoner's writing and is also endorsed Conrad Harms in his handwriting. Typewritten letter to Parr's Bank is signed by prisoner as "Conrad Harms." It gives a list of code words to be used and encloses bill for £1,637 14s. Pencil letter of May 19 requesting a transfer by cable of £100 to James Gorman, attorney, 56, Pine Street, New York, signed "C. Harms" is in prisoner's writing. I reached Amsterdam on June 2, when I received a cable stating that a forgery had been committed. I arrived in London on June 3, went to the Swiss Bankverein, saw the cables which had passed, and instructed Messrs. Cohen and Cohen. A warrant was obtained for the arrest of Conrad Harms. Book of counterfoils contains many specimens of prisoner's handwriting.

Cross-examined. Conrad Harms was clean shaven. When I identified prisoner at West London Police Station I had seen a photograph of Harms. Every foreign bill drawn by my office is advised by letter; the letter would be taken by the clerk to the principal to be signed and posted in the ordinary way. Conrad Harms received a salary of $10 a week; he was on the staff of the foreign department; I do not know the particulars of his engagement. The typewritten letter (produced) is apparently written by a typewriter used it my office.

HUBERT ARTHUR HENSLEY , general manager of J. S. Bache and Co., New York. I produce letter of August 14, 1907, from Sutherland and Co., London, introducing Conrad Harms to my firm. I first saw prisoner (whom I identify as Conrad Harms) on March 22, 1909, then he asked me to collect a Russian bill and to make an advance. I refuted to do so. On March 22 I received letter produced stating that he was in great need. After communicating with my firm I wrote to prisoner to call, which he did on March 24, when I paid him $10 by cheque produced. Prisoner signed receipt produced in my presence. I then offered him a small position in our foreign department at $10 a week. He began work on the following Monday-and continued in the office until May 15, when he left without notice, sending me a note stating that he resigned his position in order to accept work its higher salary. I never saw him again until Monday last, when I identified prisoner from a number of other men. I have searched the books of the firm and find no record of bill produced for £1,637 14s. It is forged on a form, the counterfoil of which is for £1 10s. 2d. The body of it is in the handwriting of Conrad Harms; the signature is an imitation of that of Leopold S. Bache.

Cross-examined. When I identified prisoner I had not been shown my photograph. I was about to discharge prisoner when he left because the office was not satisfied with his record. When a letter of advice is presented to a manager of my firm he would probably sign it without satisfying himself about it—that is not done now.

Re-examined. I have had many conversations with Harms and wow his voice. The prisoner's voice is absolutely that of Harms.

HENRY SADLER ALFORD , 22, Denmark Road, Ealing, accountant at Parr's Bank, Notting Hill Gate. In 1906 prisoner had an account at my bank. I recognise him as Conrad Harms. I have seen him half a dozen times during the twelve months the account was open. Letter of May 7 referring to his account and enclosing cheque £1,637 14s., was received by me about May 17; the signature of Conrad Harms I recognise as the prisoner's. The draft was presented at the Swiss Bankverein, paid, and the amount credited to prisoner. I received cable instructing me to cable £100 to James Gorman, attorney, 26, Fifth Street, New York, and the amount was cabled. Letter of May 19 confirming the cable is in prisoner's writting. On June 1, at 9.30 a.m., prisoner called at my bank, asked if we had received the draft for £1,637 14s., asked for a cheque book, and drew out £1,437 3s. 11d. by cheque produced, which prisoner signed in my presence. Prisoner asked if it was our custom to certify

cheques for payment. I told him it was not and he then elected to take notes and gold for the cheque. He was paid two notes of £500, four of £100, and £37 3s. 11d. in coin. Two £500 and three £100 notes produced are those given in payment of the cheque. I next saw prisoner at Bow Street on June 28, when I picked him out from a number of other men. I afterwards saw prisoner at the police court and heard his voice, which dissipated any doubt I might have had and assured me that he was Conrad Harms.

Cross-examined. When prisoner called on June 1 I recognised him before he spoke, and at once said, "Good morning, Mr. Harms"; he wore a bowler hat. When I identified him he had no hat—I hid no doubt of his identity. Hearing his voice afterwards only confirmed my belief that he was Harms. I had been shown photographs of Harms by Inspector Dew.

Re-examined. I swore to information before hearing prisoner in court.

THOMAS ZWINGER , clerk, Bank of England. I produce two £500, three £100, 16 £5, one £5, and 20 £5 notes from the custody of my bank. The 20 £5 notes have been paid through the London and County Bank, Dover.

REGINALD WILLIAM SAINSBURY , clerk, Parr's Bank, Charing Cross. Hands and Co., money changers, Charing Cross, are customers of my bank. I produce certified extract from our books showing that on May 29, 1909, 17 £5 notes and on June 1 20 £5 notes (produced) were issued to Hands and Co.

WILLIAM ERNEST FARR , manager to Hands and Co., money changers, Charing Cross. On June 1, at 10 a.m., prisoner changed with me a £500 note for £300 in German money and £200 in £5 Bank of England notes and gold. He asked the rate of exchange and wished to change £1,000, but I had not enough German money. I am not able to identify the £5 notes. The police afterwards called upon me, and, at the West London Police Court on June 28, I was asked to pick out from a number of men the man who had changed the £500 note with me. I was not able to identify the prisoner. I have since repeatedly seen him in the dock and I now identify him.

Cross-examined. I have no recollection as to what hats were worn by the men put up for identification.

JOHN CHISHOLM , former manager to the Crown Emporium Jewellery Company, 418, Strand. On Whit Monday, May 31, prisoner (whom I identify) purchased field glasses (produced) from me. On that day I showed prisoner a silver watch. He said he would like to buy a similar one in gold. I offered to get one by the following morning; he called on June 1, and I sold him gold watch and silver watch produced for £20. He tendered a £100 note, which I could not change, and he paid me in gold from a brown leather purse, which I identity as the one produced. I saw he had other notes in his breast pocket I afterwards had a communication from the police. On Saturday, June 26. at about 3.30 p.m., prisoner entered the shop, walked to me at the end of the shop and asked me if I remembered selling him this gold watch, producing it. I said I perfectly recollected it. He said

he was not satisfied with the watch, that he had been overcharged. I denied that. He told me that it was not going well and I suggested the return of the money less 30s. I asked him to call in half an hour, when I should have had an opportunity of communicating with my employers. He promised to do so and asked for a receipt for the watch. When making out the receipt I asked prisoner for his name and address. He then said it did not matter—he should call himself. I gave him one of my firm's cards as a receipt. He then left. I immediately telephoned to Scotland Yard. Sergeant Crutchett and another officer came and were concealed on the staircase when the prisoner returned. I said I had not been able to see my employer and kept him in talk for two or three minutes. He said he was leaving England on Monday. I asked him to call again in half an hour. The detectives then arrested him.

Cross-examined. On June 261 immediately recognised prisoner before he spoke to me. He did not say, "Do you remember having sold tail watch," but "selling me this watch." We had ten field glasses similar to those produced. I recognise this one as that sold to prisoner, because I supplied a case to it which did not exactly fit. When prisoner brought back the gold watch the glass was broken and the cue damaged. I promised to put it right. I was visited by the inspector, gave him a description of prisoner, and was asked to detain him if he came again.

WALTER MATHEW LAWLOR , assistant to T. M. Sutton, Victoria Street, money changer. On June 1 prisoner (whom I have identified from 15 or 20 other men at Bow Street) purchased from me 4,000 fr. French money and 800 fr. Belgian money, paying for it with two £100 total, receiving the balance in English money. Three £100 notes produced were paid into our account at the National Bank, Grosvenor Gardens. Two of them bear the signature of S. P. Davey, my manager. On June 1 prisoner appeared to have some difficulty in shutting to watch and I asked to look as it to see if I could put it right. It is similar to that produced. He asked me what I thought of it and told me he had paid £17 or £18 for it. I said it was very dear and asked where he purchased it. He told me at an Emporium in the Strand. He paid me the notes from a roll of notes and asked me to change a £500 note which he handed me into French money. He also had a cheque book on Parr's Bank, from which one or two cheques had been taken. The police afterwards called upon me.

Cross-examined. I cannot say what hat prisoner was wearing. I am a jeweller and consider six or seven guineas would be a good price for the gold watch. Prisoner may have said he bought it at an Emporium in Fleet Street or in the Strand.

BENJAMIN ASSERSON , 85, Hatton Garden, diamond merchant. On June 8 I sold diamonds to Sutton for which he gave me two £100 notes, which I paid to Bartolotti.

GUISEPPE BARTOLOTTI , 7, Finsbury Park Road, diamond dealer. In June 1909, I had a transaction with Asserson, in which he paid me two £100 notes, which I paid into the London and County Bank, Islington.

ARTHUR WILLIAM LANE , manager, London and County Bank, Islington On June 9 Bartolotti paid into his account at my bank two £100 notes, one of which is No. 09,230.

CHARLES FRAME , clerk, Credit Lyonnaise. I produce extract from our books showing receipt of a banknote for £500, No. 81,378, from the Algemeiner Vokelstbank of Vienna on June 23, which is the note now produced to me.

Cross-examined. It is not stated who changed the note in Vienna.

JOHN TURNER PANKHURST , chief clerk, London and County Bank, Dover. Receipt produced, dated June 23, 1909, for £180 to Henry Clifford is an acknowledgment for money received by me, personally on that date from the prisoner, whom I identify. Prisoner came to the cashier and said he wished to remit money to the Union Bank of Vienna, who are our correspondents. He paid 36 £5 notes, Nos. 12711-16, 12731-40, 12851-70. The notes now produced to me bear those numbers and are the notes received by me.

(Friday, September 10.)

EDWIN ARCHIBALD HIGGS , ledger keeper, National Bank, 21, Grosvenor Gardens. I produce extract from the account of Sutton and Co., jewellers and money changers, with my bank, showing that on June 1 we gave cash for a £100 note, endorsed by Davey, Sutton's manager; on June 22 we cashed another £100 note endorsed by Davey, giving small notes. The notes produced to me bear Davey's endorsement and are those in question.

ANNIE BASS , chambermaid, Grand Hotel, Charing Cross. I know prisoner as occupying, with a lady, Room 442 on June 24, 25, and 26. He left on the morning of Saturday, June 26. We have a large bag and a small case, his luggage.

JOHN BUCKHART GERRARD , clerk, National Safe Deposit, Queen Victoria Street. I produce application form of May 4, 1906, for a safe, signed by Conrad Harms, of Cannon Street Hotel, also the lease to Conrad Harms of the same date. Keys produced are those of the safe and tin box therein, let to Harms. The keys have not been surrendered to us and two years' rent are owing, payable in advance. I recognise the prisoner as the renter of the safe.

MARTIN SAMUEL TABLAKIAN , 2, Broad Street Place, merchant. On May 4, 1906, the prisoner (whom I knew as Conrad Harms) gave my name as a reference in renting a safe at the National Safe Deposit—he mentioned to me that he had done so. I had then known prisoner for about a month and frequently saw him. I had business relations with prisoner down to June, 1907, in financial transactions in which we were jointly interested; I saw him almost daily. He had a banking account at a French bank and I introduced him to Parr's Bank, Notting Hill. He used my office, which was in May, 1906, 359 and 360, Mansion House Chambers. I moved to 2, Broad Street Place in October, 1906, and prisoner also used that office. As far as I knew, he was unmarried. On December 1, 1906, I was

present at hit marriage to Edith Kate Garman and feigned the register at a witness. Copy certificate produced bears my name. Christmas card produced bears a photograph of the prisoner Conrad Harms and his wife. Application for safe is signed by the prisoner. I am familiar with his handwriting. Counterfoil of cheque on Parr's Bank to Herbert Gregg and Dowson for £500, No. A212382 is in prisoner's writing. I introduced him to that firm, who are stockbrokers in Manchester. Letter produced of June 3 signed "Conrad Harms" is in prisoner's handwriting. Letter of July 7, 1909, signed "Henry Clifford," from Brixton Prison, I should say is prisoner's handwriting disguised. Entry in Dover Castle Hotel visitors' book on June 21, "Henry Clifford, Vienna; Freda Braun, Wien," is prisoner's handwriting disguised. I recognise the signature in the application for marriage of Henry Clifford and Freda Braun of June 22, and in the register on June 24 as prisoner's writing.

Cross-examined. I first knew Conrad Harms in May, 1906, two days before Derby Day. I cannot say if Derby Day is in June. I should say I knew Harms about a month before the application for the safe; I cannot remember the date exactly. He told me he had given my name as a reference. I have known prisoner very intimately. I do not remember any special birthmarks on his face.

Re-examined. I knew Harms voice. Having now heard prisoner voice, I have absolutely no doubt he is the prisoner.

HARRY CLIFTON BRISTOW , passenger lift attendant, 2, Broad Street Place. I recognise prisoner by having seen him almost daily as a passenger in my lift. He used the lift 10 or 12 times a day from October, 1906, to June, 1907. He wore a brown leather belt below his vest, which I identify as the belt produced. On July 13, at West London Police Court I picked prisoner out from a number of other ten. I know him as Conrad Harms.

Cross-examined. Prisoner wore a silver watch in a left-hand pocket of the belt.

ARTHUR JAMES EAST , 71, Hamilton Terrace, N. W., colonial merchant. I know the prisoner perfectly well as having married my wife's sister, Edith Kate Garman, on December 1, 1906. I was present at the breakfast after the marriage. I had then known him about a month and saw him every day for six or eight months afterwards; he sailed for New York about the end of August 1907, he bring financially broke in London. On his wedding day I took photograph produced of the prisoner. The larger photograph produced is an enlargement of the same photograph. In July, 1907, I took another photograph produced of the prisoner up the river. I received letter produced of September 1 from Brixton Prison signed "Henry Clifford" asking me to call with Mrs. Conrad Harms, stating that Conrad Harms was the prisoner's cousin and that there was a superficial likeness between them. I visited the prisoner at Brixton with Mrs. Harms, accompanied by Sergeant Berwick. When I went in prisoner said, "I presume you are Mr. Arthur James East?" I said, "Yes, Conrad, I am." I said I was sorry to see him in that position. He then asked if the lady was Mrs. Harms. I said, Yes,

that is Edith." He thanked us for coming to see him and asked us if we were quite sure we had not made a mistake.

Prisoner submitted that this evidence could not be given as he had not beta cautioned. Objection overruled.

Prisoner asked if we had not made a mistake, especially of Mrs. Harms. She said, "Conrad, you do not expect me to commit perjury, do you?" He said, "Oh, no," and shrugged his shoulders. The conversation went on for some time, he insisting that we had made a mistake and we insisting that we had not. I asked prisoner if he had some witnesses. He said he had a list of eight or 10 witnesses, but had no money to get them over, and they would not come without their expenses being paid. He shrugged his shoulders again but did not produce the list, and said if that was all we could do the interview was ended. He said Conrad Harms was his cousin. I asked him why he had not mentioned it before; he shrugged his shoulders. He said Harms had gone to Australia—Sydney or Melbourne—but he had seen him quite recently, because Harms had paid him £100. I told him what a peculiar looking fellow he was, that anybody who had once seen him for an hour or two would always recognise him. His voice could not be mistaken by anyone who had known him. Harms, my brother-in-law, was not taller or darker than the prisoner; Harms was rather stouter than prisoner now is, and he had a nice fresh-looking complexion in those days.

Cross-examined. The letter from Brixton has similarities to Conrad Harms's writing; some of it is disguised. In that letter Conrad is spelt with a K. I told prisoner if he would give me a list of his witnesses I would see they were communicated with. He shrugged his shoulders. I did not understand him to ask whether I would bring his witnesses over if he gave me a list. I was willing to do anything I could, but directly we asked for any definite name or person he simply shrugged his shoulders. He said three or four times if we still believed he was Conrad Harms it was no use prolonging the interview. I have not known any birth marks or accident marks on Conrad Harms's face.

Re-examined. In the first line of prisoner's letter from Brixton "Conrad" is spelt with a "C."

NELLIE ADA JARMAN , Melton Avenue, East Molesey. I assist my parents in keeping a boarding house. From July 18 to August 15, 1907, the prisoner and a lady, in the name of Mr. and Mrs. Harms, boarded at our house. Letters were received addressed "Conrad Harms, Esq." I next saw prisoner at Bow Street in June, 1909, and identified him from a number of other men.

Cross-examined. I had a message at 9.30 p.m., and arrived at Bow Street at 11 p.m. on a Saturday with my father, when I was asked to pick prisoner out.

JULIA WEINBEBG , chief English correspondence branch, Swiss Bankverein, 43, Lothbury. J. S. Bache and Co., New York, draw bills on my bank. On May 18 bill of exchange for £1,637 14s. produced was presented and accepted by one of our cashiers. On May 17

letter of advice dated May 7 was received. The letter bears the genuine signature of J. S. Bache and Co. On seeing the bill I thought it was genuine.

Cross-examined. I am now quite certain the bill is forged. On receiving advice of a bill we enter the particulars in a ledger and honour the bill unless we have reasons to suspect the signature, in I which case we should cable or write for further instructions.

Detective-sergeant JAMES BERRETT, New Scotland Yard. On September 2 I accompanied Arthur James East and Mrs. Edith Kate Harms to Brixton Prison, where they had an interview with the prisoner in my presence. I took no part in the interview but carefully listened, and immediately afterwards made notes of the conversion which I produce. It was at 3.15 p.m. when we were shown into the room where the prisoner was waiting for Mr. East and Mrs. Harms. As soon as we went into the room the prisoner looked to Mr. East and said to Mr. East, "You are Mr. East?" Mr. East replied, "Yes, Conrad, I am, and I am very sorry for you, old boy, and what is it you have sent to see us for?" Clifford then said, pointing to Mrs. Harms, "Is this Mrs. Harms?" Mr. East said, "You know it is, Conrad." Harms then said, "I have asked you to come and see me so that you can see the difference between me and Conrad Harms, my cousin." Mr. East then said, "What is the use of talking bite that when you know you are Conrad Harms?" Harms then said to Mrs. Harms, "Do you say I am your husband?" Mrs. Harms replied, "Of course I do, Conrad, and so you are my husband, and why do you ask me such a question causing me pain, as you have already caused me sufficient pain, I am sorry you sent to see me, but I came because the solicitors, Messrs. Cohen and Cohen, requested me to do so." Harms then said to Mrs. Harms, "Did you see me at the court?" Mrs. Harms said, "Yes, but you have altered now." Clifford then said, "And do you now still say I am your husband?" Mrs. Hums said, "Yes, I do say that you are Conrad Harms that I married, and I am sorry to see you here, and if I could help you without perjuring myself, I would willingly do so, as I have forgiven you for all." Harms then said, "If you say you are my wife I do not wish you to perjure yourself, you say I am Conrad Harms, your husbind, and that I deny, as I am Conrad Harms's cousin; do you object to my calling you as a witness, but I do not wish to cause you pain by doing so." Mrs. Harms said, "I don't suppose I can object if you call me, but if you do, I can only say what is true, that you are Conrad Harms, my husband, and you know you are." Harms said, "That is funny, I want to see Conrad Harms's brother and sister, as I want to call some witnesses. I got to know about 11 persons in me two months." Mr. East then said to Harms, "If you want to call some witnesses give me their names, and I will get them at the trial for you." Harms did not furnish Mr. East with any names, but said to Mr. East, "What would you do if you were locked up in a strange country and had all your money taken from you so that you could not send away for witnesses?" Mr. East said, "If you put forward the names of persons you require for your defence, you will

find they will be there." Mrs. Harms then said to Clifford, "Look here, you keep saying you are cousin to Conrad Harms, where do you say Conrad Harms is now then?" Harms replied, "I saw him on June 18 last, when he paid me £300 which he owed me." Mrs. Harms said, "Nonsense, Conrad Harms never had that amount of money." Clifford said, "Yes he had, because he paid me that money, and I have witnesses that can prove that I was not in London on June 1 last." Mrs. Harms again said to Clifford, "Where do you say Conrad Harms is gone now then?" Harms replied," He said he was going to Sydney." Clifford said to Mrs. Harms, "Do you still say I am your husband?" Mrs. Harms said, "Of course I do, how can I say otherwise, Conrad? and as I have said before, I would help you if I could." Clifford then said, "Well, nothing further can he said, I am very thankful you came to see me as I asked, but I am very disappointed, as I did not expect such a result."

Cross-examined. Prisoner said that on June 18 Conrad Harms had paid him £300. He did not say that June 18 was the last time he had seen him and that he had previously paid him £300.

JOHN BALCOMBE , proprietor, "Dover Castle Hotel," Dover. I produce my hotel register containing, on June 21, the signature, "Henry Clifford" written by prisoner in my presence. I attended his marriage on June 24 to Freda Braun and signed the register as a witness in book produced. Prisoner and Freda Braun left my hotel the same day.

GEORGE JOHN CARTER , superintendent registrar of births, marriages, and deaths, Dover On June 22, 1909, I received notice of marriage by license (produced) of Henry Clifford and Freda Braun. I produce register of the marriage on June 24.

Sergeant ALFRED CRUTCHRTT, E Division. On June 26 I went with Detective Bishop to the Crown Emporium Jewellery Company, 418, Strand. At 5.45 p.m. prisoner and a lady drove up in a motor. They spoke to Chisholm and after some conversation with him I said to prisoner, "Excuse me; what is your name?" He said, "Why—what is it for?" I said, "We are police officers and you are very much like the photograph of a man named Conrad Harms who is wanted for forgery." He said, "My name is Henry Clifford." I said, "What are you residing?" He said, "Grand Hotel, No. 442" I said, "It may be unfortunate for you, but you see the photograph is very like you," showing him a woodcut portrait of Conrad Harms I said, "You must accompany me to Bow Street Police Station." He said, "I will take my wife to the hotel and then go with you with pleasure." I said, "No, you cannot go to the hotel, you must accompany us; you can send your wife to the hotel in the car." He spoke to his wife and directed the chauffeur to drive to the Grand Hotel. On the way to the station prisoner said, "The photograph is very like me—too much like me." I said, "How long have you been in England?" He said, "Two days. I came here from Dover. "I said, "Where did you come from" to Dover?" He said, "Vienna. I left there on the 18th of this month." At Bow Street Inspector Gough asked him, "When were you in England before this visit?" He said,

I passed through about six weeks ago. I went to South America, to the United States, then to England, and on to Vienna." I said to prisoner, "What nationality are you?" He replied, "British. My father was English and my mother French. I was born in England, but I was brought up in France. I have also lived in Germany." I said, "Do you speak both French and German?" He said, "Yes." prisoner was told to empty his pockets out on to a table, and he put out a number of things, amongst which was a six-chambered magazine pistol. I said that prisoner could prove he was Henry Clifford by referring to people in Vienna. Inspector Gough then asked him to write their names and addresses down. He wrote the names of a lady he said was his mother-in-law in Vienna and the hotel proprietor at Dover Gough asked him to write the name "Conrad Harms" and some other names, which he did. I accompanied Inspector Dew to the Grand Hotel, Room 442, and we took possession of a number of articles from his luggage.

Cross-examined. I was present once when prisoner was identified. Prisoner was wearing a bowler hat which was supplied to him, as it was suggested that he should wear a hat similar to the set of one of the others, as it was not fair for him to wear his own hat, a white panama.

Inspector FRANK HALLAM, City Police. I went with Inspector Dew to the National Safe Deposit's premise's in Queen Victoria Street with a search warrant. Inspector Dew had two keys with which safe No. 720 was opened in my presence. This is the lease of the safe (produced); inside the safe we found the duplicate lease; cheque book on Parr's Bank, Christmas card with photograph of Mr. and Mrs. Harms, letter to Mr. Wilkinson, letter from Messrs. Bache and Co. (produced), and a number of other documents. We also found a passenger list (produced) of the steamer Furnisia, of the Anchor line, from Glasgow to New York, via Moville, including "C. Harms" as first-class passenger, sailing August 17, 1907.

Chief Inspector WALTER DEW, Scotland Yard. On June 3 I received information of the forgery of a bill of exchange of J. S. Bache and Co., and thereupon caused inquiries to be made. On June 26, shortly before eight o'clock, I saw the prisoner at Bow forest, and said, "Mr. Conrad Harms?" He said, "No, you are making a mistake. My name is Henry Clifford." I told him who I was, and said, "You are detained here on suspicion of being Conrad Harms, wanted for obtaining £1,600 from Parr's Bank on the first of this month." He said, "Oh, no. My name is Henry Clifford. I only came from Vienna on Tuesday and was married on Thursday. We are staying at the Grand Hotel. Has my wife keen told I am arrested?" I said to him, "If you are Conrad Harms, as I am convinced you are, you already have a wife in, London who you deserted, and therefore you have committed bigamy. "He said, "It is all a mistake, my first wife died five years ago. "I said, "The man who obtained £1,600 changed three of the Men notes at Sutton's, Victoria Street, for foreign money, and showed a watch which he said he had just purchased for about £17

at an Emporium in the Strand. I caused the jeweller to be seen and shown a photograph, and when you called to-day he sent for the police. That is why you are here. "He said, "I do not blame anyone. I am very much like that photograph—too much like it—anyone would take it for me, but my name is Henry Clifford." I pointed out to prisoner that the initials "H. C." reversed would stand for "Conrad Harms. "He smiled and said, 'They might stand for anything." He then said. "I must send to Vienna to bring witnesses who know me as Henry Clifford. My wife had better go back at once." Mr. Lawlor, from Sutton's, was there, and then identified him from others, and I told the prisoner who Mr. Lawlor was and what he proved. Harms said, "Nothing could be worse. I must send to Vienna for my friend." I said, "One of the stolen £500 notes was changed at Sutton's a few days ago and two suspected notes at Dover;" he said, "It is all a mistake; it is all because I am like the photograph." I told him he would be charged as Conrad Harms, and he said, "You make a mistake, my name is Henry Clifford. I afterwards read the warrant and he made no reply. He was picked out by several other persons but he still denied his identity. He then asked me to see his wife and to arrange for her return to Austria. He turned out his pockets in my presence, and among the things turned out were receipt by a bank in Vienna for 2,500 kronen (£100), a credit note dated June 12, issued by a bank in Vienna for £100; receipt from the Union Bank of Vienna, dated June 18; foreign money to the value of £172, English currency; a paying in slip (produced) identified by the witness from the London and County Bank; copy certificate of marriage between Henry Clifford and Freda Braun, of June 24, 1909; handkerchief marked "C. H."; and two keys which I fitted to a steel box I found at the house of Freda Braun's mother in Vienna. I then searched room 442 at the Grand Hotel, and took from prisoner's luggage handkerchief marked "C. H.," of which there were eight others, bunch of eight keys, including two which fitted the safe of Conrad Harms at the Safe Deposit, Limited; bank book of the Union Bank of ✗ for 2,400 kronen in the name of Frau Freda Clifford and unused cheque book. I told prisoner as he persisted in his innocence I was most anxious to do all I possibly could to assist him if he could prove his identity. On July 21, at the police court, prisoner said, "You have taken all my money away and therefore I cannot call any witnesses from abroad—I cannot do it without money." I said, "That need not stand in your way at all because if you will give me the names and addresses of any persons. no matter where they reside, the whole energies of the police force shall be put forward to bring them to the Court. "He said, "I have not any money and I cannot pay them. "I said, "Undoubtedly the Court if they attend on your behalf will pay them." With that he shrugged his shoulders. He never gave any names of witnesses until September 4, when he requested us to warn three witnesses from Park Hotel, Vienna, one from Russia and three in London. The two in London have been asked to attend, but I told prisoner

could take no action at that late date as to the witnesses in Vienna and Russia. Prisoner never said he knew Conrad Harms. I received letter signed Henry Clifford from Brixton.

Cross-examined. When prisoner was put up for identification, at my suggestion he wore a black bowler hat instead of the panama in which he had been arrested; that was for his own benefit. Prisoner did not sign a list of property taken from him and from the Grand Hotel—he signed a statement showing the money found upon him. I saw the eight keys and the field glasses on my first visit to the Grand Hotel. I took possession of them at a later date, because they became material to the case after Chisholm had made a supplementary statement. Freda Braun made a statement through an interpreter. She said prisoner had made very rapid love to her, induced her to come to Dover and be married, stating that he was a mining engineer, and would open a shop for her so that she could carry on a business. No reward was offered for the apprehension of Conrad Harms.

Re-examined. Chisholm made his supplementary statement on Monday last. The manager of the Grand Hotel was present and knew everything I took possession of. Prisoner's luggage was claimed by the Grand Hotel in respect of his bill.

THOMAS HENRY GURRIN , expert in handwriting, of 24 years' experience, gave evidence of similarities in handwriting of Conrad Harms and Henry Clifford.

(Defence.)

HENRY CLIFFORD (prisoner, on oath). I did not give information then arrested as to Harms being my cousin, because I thought I should go to the police station for half an hour, explain matters, and go away, and not wishing to be detained as a witness or an accomplice. When at the police court I was represented by solicitors, who advised me to say nothing and reserve my defence. On August 15 I was able no longer to retain my solicitor and wrote to the Clerk of the Central Criminal Court asking if I could have the evidence of foreign witnesses taken on commission. He said he could give no such directions and referred me to my solicitor. I then informed him that I had no solicitor and asked for legal aid. I was then told that I could apply here, and until September 7 I did not know whether I should have legal aid or not, when the Recorder declined to give it, as I had not disclosed my defence. I was not aware that was necessary. I then gave a list of ten witnesses in Vienna, St. Petersburg, New York, and South America who could prove that Conrad Harms and myself are two distinctly different persons; that during October and November, 1908, when Harms was in New York, I was staying at the "Park Hotel," Vienna, also that in April and May, 1909, when Harms was employed at Bache and Co. and living at 32 East 22nd Street. New York, I was living in St. Petersburg. I have known Harms for 10 years. He is my cousin through my father, is of Jewish descent, and, I believe, an English subject; 45 years ago my father left Russia and afterwards became an English subject. In 1906 I saw Harms in

London; he had considerable means. I met him next in 1906 in Vienna; he was without means and I lent him money. In September, 1908, he went to New York and wrote to me from 32, East 22nd Street. On November 2, 1908, I remitted Harms cheque for $900 from Vienna. Freud, of Vienna, a witness whose name I have given, knew me in Vienna as Henry Clifford and knew of the cheque of $900 being sent to Harms. On May 25, 1909, Harms wrote asking me to meet him in Cattowitz, Silesia, and promising to repay £300 I had lent him. During April and May, 1909, I was in St. Petersburg, and on May 25 I went to Cattowitz, met Harms on June 6, when he gave me £312 and the gold and silver watches, which have been produced, he also gave me a black leather case containing documents, etc., to keep for him. I afterwards put the documents in my steel box, which has been searched in Vienna. The belt produced is mine. The £300 I received from Harms was in one £100 note, 40 £5 notes, £13 in gold, and the two watches which he said he had bought for £20 and was entitled to return at a deduction of £3, viz., £17—making £330 in all. He gave me the address of the Crown Emporium Jewellery Company, where he had bought the watches. I afterwards saw him in Vienna on June 18, when he called on me at the Park Hotel. I have witnesses at Cattowitz and Vienna who could prove my being there. It is my misfortune, not my fault, that I have not the witnesses here. I have three marks on my face—a birthmark like a hole in the left ear, a mark on the upper lip, and my hair will only part in the middle—photographs produced show that Harms parted his hair on the left. The mark on my lip can be seen through the moustache which I am wearing. It would have been noticed by any witness seeing me shaven. I ask permission now to be shaved.

Cross-examined. My father's real name was Walter Abraham Friedland—not Friedlandski. He went by the name of Walter Abraham Clifford. He was born in Russia; I do not recollect his native town. My mother was Charlotte Guilot, a Frenchwoman. I never knew her native town. I was born in Tientsin, China. My father died there in 1891, when I was 15; my mother died when I was a child. I remained in China five years after my father's death. For two years, 1892 and 1893, I was employed by Marlow, a druggist at Tientsin; I do not know the name of the street; there is only one street there, and it would have no name. I then went to Shanghai and was employed for three years by the Russo-Chinese Bank, the Strand, Shanghai I do not speak Chinese—I formerly knew a few words. I could not speak in Chinese to a Chinese interpreter. I speak Russian. My father was a merchant. I then went to Hankow, where I was employed from 1896 to 1898. The bank was on the river. I could not tell you the name of the street. The manager was a Hungarian named Foremny. The manager at Shanghai was Humbert. From Hankow I with many others was sent to Quanchang, in Manchuria, in consequence of the Boxer rising. We afterwards with drew to Harbin—that was in 1900. I was there several months and afterwards went to Kirin, 250 miles south of Harbin, where I remained a few days, leaving for Shanghai, where I stayed a

week or two at the Astor House Hotel, and thence came for the first use to Europe by the P. and O. to Brindisi, going straight on to St. Petersburg. I was then on leave from the bank. After two months in St. Petersburg I left the bank and travelled for pleasure for some months to different places in Europe; I was 10 days in Vienna—that was the longest time I stayed in one place. In 1901 I went to Beira, Portuguese South Africa, and on to Bamboo Creek, 100 to 150 miles up the country. I stayed there two or three years until 1904, when I sailed from Lorenzo Marques, arriving in Marseilles December, 1904, went straight on to St. Petersburg, and thence sailed to Buenos Ayres, where I stayed for a few weeks at Astor Hosts Hotel. I then went to the Fortuna copper mining camp, 800 miles up the country; stayed there 1 1/2 years prospecting, and in the spring of 1906 sailed from Buenos Ayres to Southampton, as a firstthings passenger, I think, by the Royal Mail Steam Packet Company. I do not know the name of the ship or the captain. I travelled under to name of Henry Clifford; I have never been: known by any other came. I stayed one night in London—I cannot recollect the hotel—and went on to St. Petersburg.

(Saturday, September 11.)

HENRY CLIFFORD , recalled, further cross-examined. I stayed about a fortnight in St. Petersburg and then went to Vienna, where I stayed at 54, Tabor Strasse, continuously to June 20, 1909, when I arrived in Dover. Up to that date I had never left the continent of Europe, tithed made short visits to St. Petersburg and other places. I was not is England on May 15, I do not recollect saying so to Crutchett—if I did it would be a lie. I did not say that I had been here six weeks ago, coming from South America, via the United States, and going on to Vienna. I did not say I was born in England and brought up in France—I gave Tientsin as my place of birth at Brixton. When I married Freda Braun I had never been married. I described myself ats widower at the registry office and stated my wife died 10 months ago. I did so because I had lived with the lady as my wife who had then died. I first met Harms in St. Petersburg in 1901. He lived with his mother at No. 40, Perspective; I saw him again in 1904 at St. Petersburg, again in 1906 at Vienna when I lent him £100, and afterwards forwarded him $900 to New York. He was living in Vienna from March to September, 1908; I was there all that time and on to June, 1909. Harms is 35—two years older than me. I was born on February 17, 1876. Harms was half or one inch taller than me. I do not know my height—it was taken at Brixton as 5 f. 1 1/2 in. in my stockings and 5 ft. 2 1/2 in. in my boots. I had two keys of my steel box in Vienna, which contained Harms's documents and a receipted bill of mine. The documents of Harms were passport, Notification papers, birth certificate, photograph, etc. His real June is Moses Friedlandski. He was married. I learnt in 1908, at St. Petersburg, that his wife had been dead some years. Certificate produced states that she died and was buried at Minsk in 1904. Photograph

of Moses Friedlandski (Harms) is signed by Harms and witnessed as "Minsk, 8th July, 1904." Russian passport (produced) is for Moses Friedlandski, dated January 16, 1906, giving him leave to go to Austria. It is again dated February 14, 1908, at Alexander of, and states that he was fined 45 roubles for having outstayed hit leave three half years. Belt produced is mine. I bought it in South America in 1903. The mark on the two handkerchiefs (produced) is a monogram—it might be either "H. C." or "C. H." I possess property from my father which was invested with a solicitor in St. Petersburg. I received £1,200, the balance due to me, in May, 1906. I have no letter addressed to me in the name of Henry Clifford.

Verdict, Guilty.

The evidence of M. S. Taslakian and John Balcombe on the bigamy charge was then repeated and the Jury returned a verdict of Guilty.

Sentence, Six years' penal servitude; recommended for expulsion.

BEFORE JUDGE LUMLEY SMITH.

(Thursday, September 9.)

Reference Number: t19090907-38

THOMPSON, Harriet (26, factory hand), pleaded guilty of hiving been delivered of a male child, did by a certain secret disposition of the dead body, endeavour to conceal the birth thereof.

Sergeant SMITH, G Division. Prisoner's mother died when she was about 13 years of age. Two years later her father ran away. Prisoner was placed in a home and was afterwards placed in a situation as domestic servant, where she remained six years and bore a good character. She then went to a factory and after that worked at blous making for a relative. That lady will take her back.

Mrs. ELIZABETH HAWKER. Prisoner has been in my employ for some time. I will guarantee to look after her. I do not think she will get into mischief again.

Sentence, Three days' imprisonment.

Reference Number: t19090907-39

BOLAND, Kathleen (17, servant), pleaded guilty of forging a certain order for the payment of money, to wit, a banker's cheque for the payment of £2, with intent to defraud.

Detective JOHN HOWARD, B Division. Prisoner has never been in trouble before. Her parents are poor people in Woolwich, but are now away hopping.

Miss WRIGHT, of the Roman Catholic Home, West Kensington, undertook to receive prisoner into the home, and to report to the Court every six months.

Prisoner was released on her own recognisances in £5 to come up for judgment if called upon.

Reference Number: t19090907-40

GLBSON, George (17, porter), pleaded guilty of unlawfully opening certain letters, the goods of Henry Kelsey, with intent feloniously to steal any uncrossed postal orders for the payment of money that might be therein; embezzling and stealing the sum of 5s. 6d.

received by him for and on account of Henry Kelsey, his matter; stealing two postal orders for the payment and of the value of 12s. 6d. and 3s. 6d. respectively, the goods of the said Henry Kelsey, his master; and feloniously forging and uttering, knowing the same to be forged, two receipts for money, to wit, two receipts on postal orders for the payment of 12s. 6d. and 3s. 6d. respectively, with intent to defraud.

Sergeant DANIEL TOMLIN, D Division. I was called on July 9, when prisoner admitted having stolen these letters. His idea was to open them and if they contained postal orders to steal them. the majority of them contained cheques, and he closed them up again, and was going to re-address them, and, on going out, put stamps on them and send them through the post again. He did that the day before. He had been in this situation six weeks and letters had been missing during all that time. Since his arrest nothing of the kind has happened.

Mrs. GLBSON (prisoner's mother). He has always been a good boy. My husband will get him employment where be is working. I do not think be will do anything wrong again.

Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.

Reference Number: t19090907-41

JOHNSON, Reginald (25, bailiff) pleaded guilty of obtaining by false pretences from Ernest Bremond £2 19s., 8d., with intent to defraud; feloniously uttering to Ernest Bremond, knowing the same to be forged, a certain order, to wit, a banker's cheque for the payment of £5. with intent to defraud.

Mr. Lister Drummond, who prosecuted, stated that on July 31 prisoner stayed at prosecutor's lodgings with his wife, and after War there a week he tendered a cheque for £5 and received back is change £2 19s. 8d. The cheque was returned from the bank marked "No account" The cheque was part of the proceeds of a burglary.

Detective-sergeant ALBERT WARD, L Division, proved a conviction and sentence of four months' imprisonment at this Court on April 20, 1909, for three cases of housebreaking.

Sentence, Pour months' hard labour.

Reference Number: t19090907-42

JACKSON, Walter tailor), pleaded guilty of, on May 20, 1909, stealing one bicycle, the goods of George Sharradd Stone; on July 20, 1909, stealing one bicycle, the goods of George Matthews; on July 31, 1909, unlawfully attempting to steal one bicycle, the goods of William Hannam; on July 19, 1909, stealing one bicycle, the goods or William Robert Hutton; and on July 23,1909, stealing one bicycle, the goods of Charles John Champ.

Mr. Rooth, who prosecuted, said that on July 19 prisoner went to a bicycle maker in Petherton Road, Canonbury, to hire a bicycle and handed in a card on which was printed, "Bravo Company, 26, Rosebery Avenue," that purporting to be the firm by whom he was employed. That card was a forgery; there was no such firm at Rosebery Avenue. The bicycle was hired and never returned, but prisoner

sold it on or about the same day. In other cases he stated that he was travelling for a Mr. Hayward, who was going to do his travelling business by bicycles, and if he found it satisfactory he would order four machines. The bicycles so obtained were immediately pawned, prisoner in one case signing a declaration in the name of Hayward that the bicycle was his absolute property. That was a forgery.

Detective-sergeant PURDY, X Division. Prisoner is a tailor's salesman and was in one situation two years. Prisoner wrote from prison saving his brother had forged the receipts for the bicycles before he pledged them. The three receipts are in the brother's handwriting. It was through the brother that prisoner was discharged from his last situation.

Mrs. JACKSON (prisoner's mother) confirmed the officer's statement that prisoner had done this at the instigation of his elder brother, who had been a trouble to them for 20 years.

Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.

Reference Number: t19090907-43

SCOTT, Alfred (39, letter sorter) ; maliciously writing and publishing an indecent and obscene libel concerning Alice Catherine Husk, in the form of letters.

The prosecution offering no evidence, the Jury were directed to find a verdict of Not guilty.

BEFORE MR. JUSTICE COLERIDGE.

(Friday, September 10.)

Reference Number: t19090907-44

ALDRED, Guy Alfred (22, publisher) ; unlawfully and seditiously printing and publishing and causing to be printed and published in a certain periodical called the "Indian Sociologist" a seditious libel of and concerning the Government of our Lord the King of and in the Indian Empire and the administration of the laws in force in the said Indian Empire.

The Attorney-General (Sir William Robson, K. C., M. P.), Mr. Bodkin, Mr. Rowlatt, and Mr. Graham-Campbell prosecuted.

Reference may be made to the trial of A. F. Horsley at the July Sessions (page 458) and the trial of Madar Lal Dhingra at the same Sessions (page 461).

Prisoner's connection with the "Indian Sociologist" commenced with the publication of the August number. On the conviction of Horsley prisoner communicated with Krishnavarma, the editor and proprietor of the paper, residing in Paris, and volunteered to continue the printing of the paper. He actually printed the August number. That issue contained articles by Krishnavarma advocating the view that "political assassination is no murder," and proclaiming Dhingra "a martyr in the cause of Indian independence"; it also contained a violent article by the prisoner, justifying the methods of Indian "Nationalists."

Chief-Inspector JOHN MCCARTHY, New Scotland Yard, attached to the Special Branch of the Criminal Investigation Department. It is my duty to keep observation upon and to attend meetings of Anarchists in London. I first knew prisoner about two years and a half ago. On August 25 I arrested him on a warrant for this offence. He banded me a number of letters from Krishnavarma to himself; I asked him whether he had any manuscript (articles); he said, "No; my own I tore up, and that I received from Paris was sent back." He produced 369 copies of the August number of the "Indian Sociologist"; he said he had printed 1,500 copies, sent 1,000 to Paris, kept 500, and had sold or given away 41 copies. There were no appliances for printing at prisoner's house, 35, Stanlake Road, Shepherd's Bush. I asked him, "Do you do any printing here?" He replied, "No, I cannot tell you anything about that; I must not give other people away." At the door of the house there was pasted on, "The Bakunin Press." (Bakunin, it was explained by the AttorneyGeneral, was the name of a well-known Russian Anarchist.)

To Prisoner. I have heard you speak at Anarchist and Socialist led Freethought meetings.

Prisoner put in the following letter, which he said he had received from Mr. Krishnavarma from Paris, dated September 5, 1909: "Dear Sir,—I was glad to receive your letter of the 3rd inst. and learn from it that it would keep by all that was promised. In view of your difficulties I am prepared to release you from all liability with reference to the sum of £12 advanced by me for your undertaking to print off wren issues of my paper (only one of which has appeared up to date) is the terms of your agreement of July 22 last. I shall be happy to remit to you £2 for the September issue on hearing from you that you or your representative can receive the manuscript thereof for printing off the same.—Sympathising with you heartily, I am, yours truly, SHYAMAJI KRISHNAVARMA.—A. Aldred, Esq."

Inspector FRANCIS POWELL, Criminal Investigation Department, said that he was engaged in the proceedings against Horsley, and produced the number of the "Indian Sociologist" upon which Horsey was indicted.

To Prisoner. Horsley pleaded guilty and urged that he hail acted in ignorance, because, owing to pressure of business, the proofs of the incriminated articles had been passed by his assistants. I have seen other publications of the Bakunin Press, but nothing has come under my notice worthy of serious attention.

Detective WILLIAM SAUGE, Criminal Investigation Department, spoke to writing, in an assumed name, to prisoner for four copies of to incriminated number, enclosing stamps for same, and receiving to copies.

Detective HAROLD BRUST, Criminal Investigation Department, gave similar evidence as to a parcel of 12 copies.

Detective-sergeant MATTHEW MACLOUGHLIN, Criminal Investigation Department, said that on August 5 he had prisoner under observation and saw him post a certain letter (referred to in one of KrishnaAnna's letters.)

To Prisoner. You made no attempt to evade my observation. I have heard you address various meetings; I agree that you have not directly advocated violence, but have "sought to inculcate an educational idea which should find expression at some future time—perhaps in rebellion."

ERNEST ARTHUR TOOKE , formerly in the employ of Horsley, proved the posting to Krishnavarma of copies of the July number of the "Indian Sociologist."

ANNIE GARRY , 35, Stanlake Road. Prisoner and his wife have been lodgers of mine since January, occupying two rooms. There were never any printing appliances there.

Prisoner, having stated that he had no witnesses to call, and that he thought it unnecessary to give evidence himself, made a long address to the Jury. He denied emphatically that he had ever advocated political assassination; on the contrary, he had always deplored it. He had always sought to inculcate the importance of moral suasion, which was the only thing he looked to for remedying the evils which existed in this country and in India. He desired to see the spread of education, as by that means the need of political assassinnation would be removed. He pointed out that the circulation of the "Indian Sociologist" was only 1,000, whereas the population of India was 300 millions. He had never said that Dhingra was a hero. A Socialist newspaper, with a circulation of 25,000, had said that the Indian people would be right in regarding him as a hero. That paper had not been prosecuted and was allowed free circulation in India. He had printed the "Indian Sociologist" because he claimed the right of an enlightened race to have a free Press. Krishnavarma had publicly stated that if the English Courts decided that the publication of the "Indian Sociologist" was illegal he would not publish it in England. He (prisoner) had desired to assist Krishnavarma in obtaining a definite decision on that point.

Mr. Justice Coleridge, in the course of his summing-up to the jury, said: It is not necessary for me in this case to give you a full, accurate, and comprehensive definition of all that could come under the head of seditious libel, because the prosecution have practically limited their case to one form of seditious libel, and that is, that by a publication for which the defendant was responsible he used language implying that it was lawful and commendable to employ physical force in any manner or form whatsoever against the Government of our Lord the King or towards and against the British liege subjects of our Lord the King; and the case has all turned upon that form or that species of seditious libel. Nothing is clearer than the law on this head namely, that whoever by language either written or spoken incites or encourages others to use physical force or violence in some public matter connected with the State is guilty of publishing a seditious libel. The word "sedition" in its ordinary natural signification denotes a tumult, an insurrection, a popular commotion, or an uproar; it implies violence and lawlessness in some form; but the man who is accused may not plead the truth of the statements that he makes as a defence to the charge, nor may

he plead the innocence of his motive; that is not a defence to the charge. The test is not either the truth of the language or the innocence of the motive with which he published it, but the teat is this: Was the language used calculated, or was it not, to promote public disorder or physical force or violence in a matter of State? and I need hardly say that anything in the way of assassination would be comprehended in that definition. That is the test; and that test is not for me or for the prosecution; it is for you, the jury, to decide, having heard all the circumstances connected with the case. In arriving at a decision of this test you are entitled to look it all the circumstances surrounding the publication with the view of seeing whether the language used is calculated to produce the results imputed; that is to say, you are entitled to look at the audience addressed, because language which would he innocuous, practically speaking, if used to an assembly of professors or divines sight produce a different result if used before an excited audience of young and uneducated men. You are entitled also to take into account the state of public feeling. Of course, there are times when a spark will explode a powder magazine; the effect of language may be very different at one time from what it would be at another. You are entitled also to take into account the place and the mode of publication. All these matters are surrounding circumstances which a jury may take into account in solving the test which is for them, whether the language used is calculated to produce the disorders or crimes or violence imputed. It is quite true, as the defendant has put before you, that a prosecution for seditious libel is somewhat of a rarity. It is a weapon that is not often taken down from the armoury is which it hangs, but it is a necessary accompaniment to every civilised Government; it is liable to be abused, and if it is abused there is one wholesome corrective, and that is a jury of English men such as you. Having said this much, I should like to say by way of comment upon a good deal that has fallen from the defendant in the speech that he has addressed to you—that the expression of abstract academic opinion in this country is free. A man may lawfully express his opinion on any public matter, however distasteful, however repugnant, to others if, of course, he avoids. Defamatory matter, or if he avoids anything that can be characterized either as a blasphemous or as an obscene libel. Matters of State, Betters of policy, matters even of morals—all these axe open to him. He may state his opinion freely, he may buttress it by argument, he may try to persuade others to share his views. Courts and juries are not the judges in such matters. For instance, if he thinks that either a despotism, or an oligarchy, or a republic, or even no Government at all is the best way of conducting human affairs he is at perfect liberty to say so. He may assail politicians, he may attack Governments, he may warn the executive of the day against taking a particular course, or he may remonstrate with the executive of the day for not taking a particular course; he may seek to show that rebellions, insurrections, outrages, assassinations, and suchlike, are the natural, the deplorable, the inevitable outcome of the policy which he is combating. All that is allowed, because

all that is innocuous; but, on the other hand, if he makes use of language calculated to advocate or to incite others to public disorders, to wit, rebellions, insurrections, assassinations, outrages, or any physical force or violence of any kind, then whatever his motives, whatever his intentions, there would be evidence on which a jury might, on which I should think a jury ought, and on which a jury would, decide that he was guilty of a seditious publication.

Verdict, Guilty.

Sentence, 12 months' imprisonment as a first-class misdemeanant.

Reference Number: t19090907-45

JONES, William (24, labourer) ; feloniously causing grievous bodily harm to Frank Rhodes.

Mr. Purcell, who prosecuted, intimated that he would put the case as one of wounding with intent to do grievous bodily harm.

FRANK RHODES , labour master at the Strand Union, Edmonton. On August 3 I was in the room where prisoner (an inmate of the union) was working. I asked him what he meant by his conduct on the previous Monday; he replied, "What the hell is it to do with you"; I told him he had better see the master; lie said he did not care a b——about the master; he went on, "I will knock you rab——head off with one of those weights," attempting to pick up a weight from the floor. I pushed him away. He slipped out into the yard and picked up a chopper (produced); he said he would chop my b——head off. I walked away from him; I heard his footsteps behind me; I turned round quick and he was just in the act of striking; I caught the chopper on my arm and prevented the full delivery of the blow, but I was stunned and fell to the ground; prisoner got on top of me and punched and kicked me and bit my fingers. Assistance came and prisoner was arrested.

Prisoner cross-examined witness, suggesting that, in consequence of a quarrel prisoner had had with another officer of the workhouse, witness, a more powerful man than that officer, had been put on by him to annoy and assault prisoner; witness denied the suggestion.

REGINALD PEARSON , another labour master at the Union, who witnessed the assault and went to the rescue, corroborated prosecutor's account.

Sergeant ERNEST Cox, 88 N. On August 3, on being called to the Strand Union, I saw prisoner in the receiving ward struggling with prosecutor. I said to him, "I am going to take you into custody for the assault; are you going quietly?" He replied, "Yes, guv'nor; the f——g bounder has pulled my nose; I have had enough. "On the way to the station he said, "I expected some trouble this morning; I was going to get some tobacco last night; we are not allowed to have that; I saw the f——r there, and I put my fingers up to my nose I let go with the chopper; I wonder I did not knock his b——head off; the other chaps are a lot of b——curs; they set you on to a chap, and then wont help you when they see you are getting a good hiding; I have got as much as I give, only I don't show it."

FRANCIS EDWARD CANES , divisional surgeon, who examined prosecutor after the assault, described the injuries, which were consistent

with an assault with the chopper produced; considerable force must have been used; prosecutor is now entirely recovered.

Verdict, Guilty of wounding with intent to do grievous bodily harm.

Sentence, 12 months' hard labour.

Reference Number: t19090907-46

MCLAREN, Henry Joseph (37, bookbinder), pleaded guilty of having unlawful and carnal knowledge of Catherine Ethel Ruth McLaren, who to his knowledge was his own daughter." (The indictment was under the Punishment of Incest Act, 1808, and the proceedings were in camera.)

Sentence, Three years' penal servitude.

BEFORE THE RECORDER.

(Friday, September 10.)

Reference Number: t19090907-47

KEHLER, Maud (36, native of South Africa), pleaded guilty of forging an order for the delivery of a banker's cheque book, with intent to defraud.

The prosecutors were the Standard Bank of South Africa, with whom Mr. Rolfe, a retired South African farmer, now living at Worthing, has an account. On June 13 a telegram was received by the bank purporting to come from Mr. Rolfe asking that a cheque book might be sent to Adam Street, Manchester Square, by return of post. The cheque book was not sent, but the bank wrote to Mr. Rolfe at Adam Street and the letter was forwarded to him at Worthing. He wrote back on July 15 warning the bank against giving the cheque book as some woman was using his name. On July 17 prisoner came into the bank and she was so confident and her manner was so good that she completely disarmed the cashier when she produced the forged order signed "F. Rolfe," "Let my wife have a new cheque book." The signature was so good (said Mr. Lawless, prosecuting) that the cashier was completely taken in. He asked if she was Mrs. Rolfe, and, on her replying yes, he gave her the cheque book and she signed the book in the name of "Maud Rolfe." Prisoner having left the bank Mr. Rolfe's warning was recalled to mind. The bank again wired to Mr. Rolfe, who replied that he had no wife. The police were communicated with and prisoner was arrested by Inspector Collison. Prisoner and Mr. Rolfe had been living together until recently and each side appeared to have a grievance.

The Recorder, having read certain letters handed to him, said he was satisfied that the relations which had subsisted between prisoner and Mr. Rolfe placed an entirely different complexion on the case, and sentenced prisoner to four days' imprisonment, equivalent to immediate discharge.

Reference Number: t19090907-48

TIFFEN, Samuel William (15, schoolboy) ; committing an act of gross indecency with David Hammond, a male person, aged four years.

No evidence being offered by the prosecution a formal verdict of Not guilty was returned.

Reference Number: t19090907-49

COLEMAN, William Henry (34, tram conductor employed by the London County Council), and KEEFE, James Frederick (postman), pleaded guilty of unlawfully conspiring and agreeing together to obtain by false pretences from Thomas Henry Dey the several sums of £3 7s. 6d. and £4 7s. 6d., in each case with intent to defraud; Keefe feloniously endeavouring to obtain by virtue of a forged instrument, to wit, a forged post letter, knowing the same to be forged, from Thomas Henry Dey the sum of £3, with intent to defraud.

Mr. Forster Boulton, M. P., who prosecuted, explained that this was a betting fraud involving an arrangement between a postman and some one outside the Post Office, by which letters addressed to the betting agent, in this case Mr. Dey, were timed as being posted previous to the running of races, though, in fact, posted after the races had been run and after betting slips with the names of winning horses had been enclosed. Suspicion was aroused by the fact that letters which should have reached Mr. Dey early in the afternoon did not reach him until the last delivery at night or on the following morning.

Sentences: Coleman, who has been on bail, Six months hard labour; Keefe, also Six months' hard labour, he having already been two months in custody.

Mr. Marshall Hall, K. C., mentioned that Dey was the subject of indictment, but the bill had not yet been presented to the Grand Jury. The charge against him was one that, as a rule, was dealt with summarily, namely, that of keeping a gaming-house within the meaning of the Betting House Act, but the defendant had elected to go for trial. As the essential witness in the case was living permanently out of the jurisdiction, and process would not run as against him, counsel now asked, after mature consideration with Mr. Bodkin, that the recognisances of the witnesses might be discharged and that the bill might not be presented before the Grand Jury.

Mr. George Elliott, K. C., appearing for defendant, repudiated any suggestion against Mr. Dey's financial honesty. Mr. Dey had carried on for many years a very large betting business both in this country and abroad, and had always maintained a good name for honesty and integrity.

The Recorder assenting, the indictment of Dey was not presented.

BEFORE THE COMMON SERJEANT.

(Friday, September 10.)

Reference Number: t19090907-50

ALLEN, Edward, otherwise Henry Watson (41, dealer), pleaded guilty of, being entrusted with one piano, the goods of Harry Calde-cott and another, and with divers articles of furniture, the goods of the Highbury Furnishing Company, Limited, and one piano, the goods of Shenstone and Company, Limited, in order that he might retain the goods in safe custody, did fraudulently convert the said goods to his own use and benefit.

Prisoner was proved to have been convicted on March 15, 1907, it Clerkenwell Police Court, and sentenced to three months' hard labour for assisting in the management of a brothel.

Sentence postponed to next Sessions for prisoner to have an opporrunity to give information to the police as to the recovery of the property.

BEFORE JUDGE RENTOUL.

(Friday, September 10.)

Reference Number: t19090907-51

MARTIN, James (28, dealer), pleaded guilty of, being the bailee of one bicycle, the goods of George Matthews, fraudulently converting the said bicycle to his own use, thereby feloniously stealing the same; stealing one bicycle, the goods of Edward Burgess, and stealing one bicycle, the goods of Elias Covey.

sentence, 12 months' hard labour.

Reference Number: t19090907-52

CAMPBELL, Philip (28, clerk), pleaded guilty of forging endorsements upon certain valuable securities, to wit, banker's cheques for tat payment of £10 8s., £9 15s., £8, and £3 18s., respectively, and uttering the said cheques well knowing them to have been forged, in each case with intent to defraud.

A previous conviction was proved.

Sentence, One month's imprisonment, second division.

Reference Number: t19090907-53

SKINNER, Charles William, otherwise Robert Jones (28, labourer), pleaded guilty of breaking and entering the shop of James Hill and Co., Limited, and stealing therein four pocket knives, their goods.

PRISONER said that he committed the offence under the influence of drink.

Previous convictions were proved.

It appearing that a former employer of prisoner was willing to employ him again, he was released on his own recognisances in £5 to come up for judgment if called upon.

Reference Number: t19090907-54

WEST, George (68, hawker), pleaded guilty of burglary in the dwelling-house at 106, Regent Street, and stealing therein one mole-skin case, the property of the London Stereoscopic Company, Limited.

Several previous convictions were proved.

Sentence, Four months' hard labour.

Reference Number: t19090907-55

STRINGER, Bertram Travers (41, traveller) ; obtaining by false Pretences from George Thomas Frost the sum of £20 with intent todefraud, and having been entrusted with certain property—to wit, £20 by the said G. T. Frost in order that he might retain the same in safe custody, unlawfully did fraudulently convert the said property to his own use and benefit.

Mr. Leycester prosecuted; Mr. Lionel Benson and Mr. H. Samuel defended.

GEORGE THOMAS FROST . In February last I was out of employment and put an advertisement in the paper. I received a reply from prisoner stating he had five agencies and wanted an assistant to take orders and collect accounts and offered me 25s. a week and 7 1/2 per cent, commission on orders and collections. I called and saw him at Carlton Chambers, Regent Street. He told me he wanted someone to go with him and call on some of his customers to collect accounts and travel for him generally; he was doing a large amount of trade; there were large sums of money to collect and if I thought it Suitable he should require a security as he also had to find security himself. He told me he was sole agent to Dessauz Fils, vinegar makers, of Cross Lane, E. C., Jones and Kleiser, Ironmonger Lane, E. C., Revy Phillips and Co., Queen Victoria Street, E. C., agent for an American sweetmeat firm, whose address I do not know, and the Coal Tar Disinfectant Company, Devonshire Square. I said I would think the matter over. He then wrote me a letter enclosing a copy agreement. I saw him on February 20 at Carlton Chambers, agreed to the terms, and paid him a deposit of £5. He told me he was very glad I could start as he was very busy, otherwise he would have had to give up some of his work. On the following Monday I started and paid him the balance, £15. He gave me a receipt for the full amount. He told me he had some letters to write and gave me this bit of paper (a form of order for customers to sign) and asked me to go to Finchley Road. I went there. When I came back I went with him to the City. There was no work to do really. We called at a very few places. I was with him about three weeks. For two weeks he paid me salary; on the third week none. During the three weeks I went about with him to be introduced to customers. Sometimes he would send me to interview somebody with a nozzle he was trying to get on the market for Revy Phillips. I took a few orders. I collected nothing for him; only for orders I got myself. At the end of the first three weeks he tried to ignore me all he possibly could. At the end of the first week I lent him £3. I met him by accident in Edgware Road. He told me he was on his way to see the Sunrise Company; he did not want to go in and bother them then, could I lend him some money. I lent him £1. He asked me to go to Lewis and Borrows in Brompton Road and to meet him afterwards in Regent Street. I met him. He told me he was going into Market Street, which is at the back of Regent Street, to try and get some orders. We went into a licensed house there and he told me he came away without any money. I lent him a further £2 on condition he gave it me back the following morning. I did not see him again until Monday, the 15th. He did not pay me back. He gave me 10s. I had previously lent him. He then owed me my

diary and the £3. He told me he had great difficulty in getting money in and would pay me as soon as he could. On April 11 wrote him. I next saw him on April 15 at Carlton Chambers. I said to him, "You promised to pay the £3 you" borrowed the day after borrowing it." He said, I know I did." I told him I could not get about without money and I did not feel inclined to be stuck up in a street like a stone. He said he did not care. I told him I had collected 8s., and he told me he would send me some money on the following day by post and I should get it next morning. I had a letter next morning giving me a month's notice. I replied to that and afterwards consulted a solicitor. I next saw him on May 15. I considered myself in his service at that time. He gave me no instructions what to do and was paying me no salary. He asked me what he could do for me. I told him I had come for a settlement, as my time had expired under the notice. He said, "I am not going to pay you until I have verified the accounts you have collected." I told him I advised him I had only collected one account and that he had no right to keep my money. I saw him again on the 18th at Southall and asked him if he was going to give me my money. He said, "You have had a letter from my solicitors." I said, "I have not." He said, "Are you sure?" To which I replied, "I know what I am talking about. "He said, "They are going to deal with you." In walking away I said, "The police had best deal with you." On the 19th I had a letter from Messrs. Osborn and Osborn. (Letter read.) I did not apologise or pay him any compensation or get any compensation myself. I next saw him at Marlborough Street, when he was in custody. I laid an information against him on July 8. A warrant was granted for his arrest. On April 15 I accused him to his face of obtaining money by false pretences. I told him I believed that he had to pay security. He admitted it was a lie. I was induced to part with my money believing he had a bona-fide business and that he was doing a large amount of trade. He also told he took on no agency unless it was for 12 months. I thought he was sole agent for Dessaux Fils; his card which I had been shown five me that impression; it had a great deal to do with my parting with my money. He told me he had placed about 300 of Jones and Kleiser's instruments on the market. regards that agency, he said they had failed to get the things on the market, and he had taken on the agency on condition that he was the sole agent. I thought he was sole agent for the American Sweetmeat Company He did not give me their address.

Cross-examined. I started work on February 20. I cannot show you any place on the card he handed me where it says "Sole agent." There was a genuine business, but I suggest there was very little—not enough to keep one person employed. I think he was very much exaggerating. I did not make careful inquiries. I thought he was doing a sound, good trade. I do not always take upon credit everything a man says. I pride myself upon being cautious in business. I consider I was cautious with prisoner. I was very much deceived. His not having an office deceived me. I never saw an

office of prisoner's. He told me he had the use of part of the offices. I knew he had no office; he was only using it. I was not deceived by that. I did not go very carefully into matters at the early interviews. I took everything for granted. My complaint is that he very much exaggerated the business that was being done. There were no moneys to collect as far as I was concerned. I do not know if there were any outstanding accounts. There was not an amount of business being done, as far as I was concerned, to warrant a £20 deposit being asked. I could not swear there were not sufficient outstanding debts on the books to warrant it. I had not seen the books He told me he had a 12 months' sole agency with Jones and Kleiser. I have heard that they dispute it. He took up two agencies after I joined him. He told me to call on one or two customers, not more than 12. To that extent it is not true to say I was without instructions. I was only disappointed in the size of the business. I got six orders myself. I swear he did not take any orders in my presence. I found out the day I started that false pretences had been made to me. On February 22 he sent me to Parkes's Drug Stores in Finchley Road, and I found another traveller had been there that morning. He told me he was sole agent for three firms. I told counsel for the prosecution that it was a card that gave me the impression he was sole agent.

(Saturday, September 11.)

The card handed to me (Dessaux's) I have never seen before. I should say putting his name in such type above that of the firm would represent him to be a member of the firm. I do not say it means "sole." A card like that would not be used in business in a straightforward way. No doubt the firm would have executed any orders I got. I got one order from Sam Isaacs for 30s. worth of nozzles weekly. Prisoner sent me to get a nozzle and I canvassed people myself. The reason I only got such small orders in the time was that I was ostensibly taken round to be introduced to his customers. He afterwards treated me with the utmost contempt. Certainly I was worrying him for my salary; I had a right to ask for it. I got no orders after about March 9. I was kept at home, having no money for my expenses. Prisoner suggested the £20 deposit himself. He did not say he was a little hard pressed while he was working these various agencies and if I would put £20 in he would allow me 5 per cent, upon the money. I supposed he would keep it in safety and return it to me at the end of my time. He could use it if he liked. It was not borrowed. His solicitors wrote me that he complained that I had collected 8s. without telling him of it. I told him the day I collected it and notified him by letter the following day. I wrote to the Sunrise Company. I did not say I was bringing an action against prisoner. I told them I had collected 8s.; what should I do with it? I did not communicate with prisoner about this time because I could not find him. He made appointments but never kept them. I was in hopes he would pay

me and save this bother. About May 18 I had a letter from Osborn and Osborn claiming damages for alleged libel. A month later I asked them why the writ was not issued, to which they did not reply. I did not know prisoner was being pressed for accounts early in March. I thought he was very well-to-do. He told me he was getting £1 a week here and £1 a week there. He told me he wanted a partner with more capital than he had got. I told him I was not going to pot any money into the business. As to the inquiries prisoner made regarding my capacity as a traveller, I told him I had not been doing travelling lately, that I had been in an electrical engineering factory, and met with an accident there, and had been advised to work out of doors. I wrote him on April 16 that I could not get about to do work, and asked what I was to do, but he did not reply.

JOSEPH GEORGE JONES (Jones and Kleiser, electrical agents, Ironmonger Lane. E. G.). About December, 1908, defendant was appointed traveller for us, at 10s. a week and 10 per cent, commission on orders executed. He represented other people at the time. I had three other agents working in London. From February 12 to March 8 he had placed about 86 instruments; seven have been sold, the others have all been returned. His commission would amount to 11s. 11d. He remained 15 weeks in our employment and drew £7 15s. in wages. The value of the instruments is 18s. each. On March 11 he had an account of £2 to pay us. He has never paid the money. We gave him notice.

Cross-examined. Prisoner has paid us no money. His solicitors threatened to take proceedings against us for breach of contract. He introduced our instruments to 29 firms. It is easy to introduce on sale or return. I did not say I gave him notice; I wrote him. We wanted to make an arrangement for commission only.

ALBERT EDWARD MUNRO , wine and vinegar merchant, Cross Lane, E. C. I trade as Dessaux Fils. I have not a business at Orleans. Prisoner was and is a traveller for me, on commission only. There was no arrangement made as to collecting accounts. If he collected them I should not object. He was not my sole agent. The total business he has done amounts to about £16 since January 1, most of it before the middle of February. His total commission amounts to £3 12s. If he sold goods at higher than my fixed prices he would be entitled to the difference. (Dessaux Fils' card handed to witness.) I did not have this printed. I found out that prisoner was using it. I only object to the wording of it. It is headed, "Dessaux Fils Orleans, France"; that is quite a distinct business, nothing to do with me.

Cross-examined. I have a 12 months' agreement with prisoner. It would be against the interest of the prisoner to give the name of Dessaux Fils, of Orleans, to people like Selfridges. He told me that name was there through a clerical error. I consider there is a legitimate business for prisoner or any other active canvasser to do.

THOMAS HOWARD , of Barnard and Howard, trading as the American darnel Company, Limited. At the beginning of the year we employed

defendant as traveller on commission only. He has done no business for us. He was not our sole agent.

Cross-examined. No question was raised during the negotiations as to a guarantee. Our travellers are guaranteed by the Guarantee Society at our own expense.

ALEXANDER ROBERTSON , Sunrise Proprietary Company. Defendant was a traveller for us. He began in February, I think. His retaining fee was £1 a week. He had commission as well. He was engaged for four weeks. His orders only amounted to £8 16s. 6d. and the engagement terminated. His leaving had nothing to do with a letter we received from Mr. Frost.

Cross-examined. I was present at all the interviews with Mr. Frost except one. We would not have anything to do with the prosecution. There was a dispute between our firm and prisoner at to certain accounts he claimed. I do not remember any claim put in by prisoner. The claim was from our company for accounts prisoner had collected. I believe at an interview with prisoner the secretary said he could continue selling on commission only. I could not say that was subsequent to the first letter written by Mr. Frost. As far as I know prisoner made bona-fide efforts to do business.

Detective-sergeant CHARLES VENNER, E Division. On July 8 I went, with Sergeant Protheroe, to prisoner's address, 32, Ealing Park Gardens. We told him we were police officers and had a warrant for his arrest for obtaining £5 and £15 by fraud. He said, "That refers to Mr. Frost's security; I kept it back because he did not account for several sums he had collected for me." When the warrant was read he said, "I have a complete answer to the charge." When charged he made no reply.

Verdict, Not guilty.

BEFORE MR. JUSTICE COLERIDGE.

(Saturday, September 11.)

Reference Number: t19090907-56

RICHARDS, Elizabeth (48, charwoman), was indicted for and charged on the coroner's inquisition with the manslaughter of Ellen Rennie.

Mr. Bodkin and Mr. Graham-Campbell prosecuted; Mr. Herman Cohen (at the request of the Court) defended.

FLORENCE GOWER . I knew Rennie for about 18 months; she kept charge of 99, Coventry Street, Bethnal Green, a house belonging to prisoner and used by myself and other prostitutes. On July 12 I wont there with a man; he gave Rennie a shilling for the room. Later that night I saw prisoner and told her. We went together to the house; I and Florence Page stayed outside and prisoner went in; I heard shouting and swearing and I went in. In the upstairs front room I saw Rennie sitting on the floor; she was helplessly drunk; prisoner was saying to her, "You cow, I'll kill you for spending

my money in drink"; she struck her once or twice about the temple—heavy punches. When we left, Rennie was lying on the floor, apparently asleep. At midnight prisoner and I and a man went to tat house; the man spent the night with me in the upstairs back room; prisoner slept in the front room. At eight the next morning I went into the front room; Rennie was still lying on the floor asleep, I thought. Prisoner and I left the house about nine. Some time tail morning prisoner said to me, "Second thoughts have come over at; I wonder whether Nell is dead"; I said, "She is not dead; she is sleeping heavy; look how drunk she was last night"; prisoner said, "You keep out of the way; if anyone asks you where you slept last night, say at your mother's at Bow, and say I slept at Dalston." That night I saw prisoner again; she was raving and shouting; she said, "I have been to the house to-day and I can't get any answer; I think there is something wrong; I told the people next door that she pawned all my clothes and spent a week's rent and they have got sympathy for me."

Cross-examined. Rennie was a very quiet woman and did not usually drink much. I am certain that I saw prisoner strike Rennie; the latter never spoke a word; she did not tell prisoner that I had never given her a shilling.

FLOUNCE PAGE , who was with Gower for a little time outside the house, spoke to hearing holloaing and loud, angry talking.

ELIZABETH DONOVAN , living next door to 99, Coventry Street, said that the saw prisoner go into that house on the night in question and then heard her saying, "Get up; give me my money," and swearing; witness also heard a noise like crockery smashing. After Gower had gone into the house, witness heard prisoner say two or three times, "Throw her down the stairs."

Cross-examined. I am sure the words I heard were not "Go downstairs"; she said, "Flo, get hold of her and throw her down the stairs."

Police-constable CHARLES SKINNER, 169 J. I was on duty in Coventry Street, about a quarter to 12 on the night of July 12. I heard a scream and, in consequence, looked up at No. 99; in the first floor front window I saw the back of a woman; she moved forward and backward again, as though stooping, apparently reaching for something; I heard a woman say, "Get up, you f—g cow," repeatedly; I have since heard prisoner speak and I am sure it was her voice that I heard say that.

Cross-examined. I only heard the prisoner say a few words at the police court, but I am certain I recognise the voice. The women about the neighbourhood of Coventry Street are a pretty low lot.

WILLIAM AUSTIN . I am a nephew of prisoner. At five p.m. on July 13 she came to my house in a very excited state; she had been drinking. She said, "Oh, Bill, I'm in trouble again; I have killed a woman in Three Colt Lane; it is Nell, the one that looks after my house."

Cross-examined. Of my own accord I went to the police the next day, and told them what prisoner had said to me. I did that because,

as prisoner had told me that the woman was lying dead in the house, I thought I might get into trouble. I did not know Rennie.

Police-constable THOMAS PRESTON, 186 J. On the morning of July 14 I went to 99, Coventry Street. In the top front room I saw the body of the deceased; she was lying flat on her face on the floor; from the mouth there had come a quantity of slime, and there was a little blood on the floor. Prisoner was there; she said she knew the dead woman as Nellie Rennie; that she first saw her about three weeks previous; that she had put her into 99, Coventry Street, through pity; that the furniture in the place belonged to her; that she had last seen her on the previous Monday (July 12).

Dr. ROBERT GEORGE STILES. About 11.45 a.m., on July 14, I was called to 99, Coventry Street. I saw the body of deceased lying on the floor; both eyes were bruised and very swollen, also the mouth and nose; the face was almost unrecognisable; the bruises on the eyes were recent, within 48 hours. The woman had died from 24 to 36 hours before I saw her. I subsequently made a post-mortem examination. In my judgment the cause of death was the injury to the right ere; this might have been caused by a blow with the fist. An artery in the meningeal membrane of the brain had been ruptured, giving rise to cerebral hemorrhage.

Sergeant ALFRED HANDLEY, J Division. On July 15 I went to prisoner's house, 30, Derby Road, Kingsland. I told her that I was a police officer, and was making inquiries respecting the body of a woman named Nelly Rennie, found dead at 99, Coventry Street; I said, "I believe you are the landlady of that house, and that you visited there about midnight on Monday." She said, "Good God, I have never been near the place since about two o'clock Monday dinner time, until I went to get my sewing machine, and if anyone has said they saw me in that street after that time they are telling lies."

Detective-inspector THOMAS DIVALL. On July 15 I formally charged prisoner at the police station. She handed me a piece of paper, and said, "She gave me that on Monday, and said it would be her name; my God, I have not seen her since 1.30 or two o'clock on Monday"; on the charge being read over, she said, "My God, I never done such a thing."

Police-constable FREDERICK DANIELS, 93 H, coroner's officer, produced the evidence given by prisoner at the inquest (after being cautioned). The evidence was read, as follows: "Elizabeth Davey. I am known as Elizabeth Richards. On Monday, July 12, at 1.30 p.m., I went into 99, Coventry Street, with my niece, Sarah Jackson, and found Nell, the deceased woman, all shaking; she had been drinking; she said she had been very dicky for weeks; she said, I wish it was one o'clock, so I could get a drink"; she thought it was Sunday; I gave her 2d. for drink. At seven that evening I left my niece and went home to 30, Derby Road; I fetched a pint of ale in a can after going home; I had supper with my husband about 10 p.m. and then went to bed. My husband fell asleep, and at 10.45 p.m. I got up, dressed, and came out; got in a motor' bus and went

to the 'Salmon and Ball,' where I met Florrie Cole (Page) and Gower; we had a glass of ale each. I asked them to come round to forestry Street to get the shilling from Nell that Flo said she had given her. They both came with me; Cole waited under the archway; I and Gower went upstairs to the front room; there was a chair at the front door; I shouted 'Nell,' asking her if she bad gone to bed; she was then standing up; I asked her for the money Flo id given her; she said she had none; Flo said, 'You're a liar, you drunken old bitch; take that,' and pushed her so that she fell; this was Flo Gower. I began to quarrel with Flo about not giving Nell the money, and we went away together. She was lying on the floor. I did not see her alive again."

(Defence.)

ELIZABETH RICHARDS (prisoner, on oath), repeated the evidence given by her before the coroner (with the variation that Gower did not push the deceased, but struck her with her fist). She said that after she left with Gower she went back home and slept with her husband; it was not true that she slept the night at Coventry Street. See denied the conversation spoken to by Gower on the 13th. She did go to Austin's house on the 15th to see her niece, but she did not speak to Austin at all; they we're not on speaking terms. She swore that Austin knew Rennie and had been with her in prisoner's company.

Cross-examined. I did tell Handley on the 15th that I had not seen Rennie since midday on Monday; I told that lie because my husband was then present, and I did not want him to know that I went out on the Monday night. I only stayed in Coventry Street 10 minutes; I got back home about twenty to two in the morning. While with deceased I did not shout and use bad language, or have any quarrel with her. I swear that Gower hit Rennie with her fist, and as she hit her so the woman fell.

Verdict, Guilty.

Sentence, Nine months' hard labour.

BEFORE JUDGE RENTOUL.

(Saturday, September 11.)

Reference Number: t19090907-57

OWEN, Charles (21, tailor), pleaded guilty of breaking and entering the shop of Samuel Alderton, and stealing therein eight suits of clothes, four pairs of trousers, two overcoats, and one banker's cheque for £3 17s. 6d., his goods.

Mr. G. Tully Christie, who appeared to prosecute, said that Prisoner stole these goods on the night of July 31 and morning of August 1. He made a statement to the police to the effect that he went on the premises, 132, Fleet Street, in the afternoon, stayed

on the second floor till they were closed for the night, then broke a panel of a door and stole the goods. His excuse was that he was walking about and hard up.

Prisoner confessed to a conviction at this Court on November 10 last for obtaining money by false pretences, receiving six months' imprisonment. He had been previously bound over at this Court for attempting to obtain money by a forged cheque. Prisoner stated that he was in bad health, and his friends were willing to send him to Queensland.

Judge Rentoul said he was inclined to agree to this course if it could be arranged; meantime the case would stand over till next Sessions.

BEFORE MR. JUSTICE COLERIDGE.

(Monday, September 13.)

Reference Number: t19090907-58

BUNYAN, Sidney (22, barman), was indicted for and charged on the coroner's inquisition with the wilful murder of Lucy Smith.

Mr. Muir and Mr. Travers Humphreys prosecuted; Mr. Warburton (at the request of the Court) defended.

EDWARD SMITH , 46, Harringay Road, Green Lanes. Prisoner had been courting my daughter Lucy for some time; she was 19 years old. On August 14, when they met at my house, there was some little quarrel between them; this was made up. He called again on the 18th, and they seemed on affectionate terms. On August 21 prisoner slept at our house, as he had done before; on the following day, Sunday, he and my daughter left together, saying that they were going to my nephew's at Enfield, and would be back for dinner at two. I did not again see my daughter alive.

Cross-examined. I have always known prisoner as a well-conducted, peaceable, honest, and kind young fellow. I know that he had just given notice to leave his situation because they would not have a married barman. He had been out of work and looking for a situation about a fortnight before this tragedy.

Mrs. LUCY SMITH, wife of last witness. I remember the quarrel between prisoner and my daughter on August 141; prisoner accused her of going with other young fellows, which she had not. Before that he had said that if she had been out with others he would murder her if he found it out; that was six months before; he was sober, but in a shocking temper, when he said this.

Cross-examined. On Sunday, August 22, when they left our house, they were quite jolly together. I know that he had been hunting for a situation. I had always found him a well-conducts young man. My daughter was a thoroughly good moral girl; prisoner was under a delusion when he thought she had been flirting, there was no shadow of foundation for his suspicions.

JOSEPH METZKER , hairdresser, Harringay, identified the razor produced as one sold by him to prisoner on August 19.

HERBERT F. BECKETT , Woodlands Road, Enfield. On August 22 prisoner and Lucy came to my house about 2.30; they had dinner with us, and left about half-past six; I saw them on a tramcar going to Finsbury Park. All the time they seemed on excellent terms; prisoner was quite sober. I recognise the rings, bracelet, and brooch produced as having been worn by Lucy on that day.

LILIAN MAY HARRIS , barmaid at the "Green Dragon," Winchmore Hill, said that on August 22, between seven and half-past, she served a young man with whisky in a bottle similar to the one produced; she could not identify the man.

ALBERT EDWARD SKINNER , Drayton Drive, Winchmore Hill. On August 23, about 20 past one a.m., I was in bed, and was awakened by a knocking at my door. On going down I saw prisoner, who said, "I have murdered my sweetheart; I want to give myself up; show me the nearest police station." I directed him to the station, about a mile away, and he started in that direction. I dressed and went out shortly afterwards; I met prisoner in charge of two constables, and heard him say, pointing to my house, "That is the house where I have been knocking up a man."

Cross-examined. Prisoner was a perfect stranger to me. He itemed very excited.

Police-constable ARTHUR BACON, 710 Y. On August 23, at 1.40 a.m., I was on duty in Green Lanes, when prisoner came up to me and said, "I want you to come with me; I have murdered my girl in a field. "I went with him to the World's End Lane footpath, Enfield, where I found the body of Lucy Smith lying 60 yards from the path, on her back, with her throat cut; she was quite dead; a blood-stained razor (produced) was lying by her side, half opened. I left another constable with the body and took prisoner to the station; in reply to the charge, he said, "That is right." When he first approached me prisoner's hands and face were covered with blood; he seemed rather excited; he smelt slightly of drink, but spoke very clearly.

Cross-examined. Prisoner was not trying to avoid me; he was seeking me; ha took me to the scene of the murder; he went quite quietly to the station.

Sergeant FRANK JOHNSON, 101 Y., who accompanied Bacon and prisoner to the scene of the murder, stated that on the way prisoner said, "I have killed my young lady; I cut her throat with a razor just as the clock finished striking 12. If I had had more whisky I should have done myself in as well. "

Detective ALBERT COURT. On August 23, at 3.45 a.m., I went to the field and saw the dead body of Lucy Smith lying there; by the side of a tree where she was lying I found the letter (produced) torn in two pieces; it says: "Dear friends, we have both arranged to die together, as people will not let us alone," signed "Lucy Smith" and "S. Bunyan"; across it is written," We have both agreed to die together; love one another," with "one another" crossed out. Close to the tree I also found the bottle (produced); it contained a small quantity of whisky. I was at the station when prisoner was charged.

Pointing to the razor, he said he had bought it of a hairdresser in Harringay for 2s. 6d.; he said, "I have carried it about for three days; have you found the letter I tore up and threw away in the road near?" I said, "No, I found a torn letter near the body"; I showed him the letter, and he said, "Lucy signed it first, I signed it afterwards."

Inspector THOMAS TWIGG produced a statement made by prisoner, after being cautioned, repeating the confession. Prisoner handed to witness the brooch, etc. (identified by Beckett). Later, prisoner said to witness, "Do you know, I had to drink half a pint of whisky before I could do it; I paid 2s. for it; we spent all our money to get rid of it; I spent £8 last week on drink for myself and others; she said to me as the clock was striking 12, 'Give me the last kiss,' and as the clock struck 12 I drew the razor across her throat, and she died at once."

Dr. HOWARD RAYMOND HUNT, Enfield, who was called to the field and examined the body of Lucy Smith, said that the only injury was a clean-cut wound across the throat (such as might have been made with a razor); the cause of death was hemorrhage, due to the division of the principal artery in the neck.

Cross-examined. A homicidal impulse may come very suddenly upon a person who had been up to that time quite sane; if anything of that kind is latent in a person, distress from a love affair, or the taking of an unaccustomed quantity of drink, would be a pre-disposing cause.

This concluded the case for the prosecution; Mr. Warburton intimated that he would call no witnesses.

Mr. Muir asked his Lordship to say whether there was any evidence on which the jury could find that prisoner was insane; if it was held that there was, counsel would desire to call the prison doctor. His Lordship might be reminded of the resolution of the Judges that the Crown should not call evidence as to sanity until some evidence had been given as to insanity.

Mr. Justice Coleridge thought it would be highly unsatisfactory that any evidence directed to She condition of the prisoner's mind should be excluded on a formal ruling, and therefore Mr. Muir had better call any evidence he had.

SIDNEY REGINALD DYER , medical officer of Brixton Prison. Since August 23 prisoner has been under special observation in the prison hospital, with a view to determining his mental condition. He has always conversed and behaved perfectly rationally and sensibly and I am unable to discover any symptoms of insanity about him.

Cross-examined. I agree with the answers given by Dr. Hunt upon the hypothetical cases put to him. I have had twenty-four years' experience as a prison doctor.

Re-examined. While prisoner has been under my observation he has never shown any symptom of homicidal tendency.

Verdict, Guilty. Sentence, Death.

Reference Number: t19090907-59

TILLER, Percy (26, trunk maker) , unlawfully, maliciously, and feloniously wounding Frank Tiller, with intent to do him grievous bodily harm.

Mr. Bickmore prosecuted.

Police-constable ARTHUR GODDARD, 138 N. About 5 p.m. on August 7 I was called to 1, Cavendish Road, Edmonton. Prisoner was lying on the ground in front of the house, detained by two men. I saw the baby (Frank Tiller) and saw the wound. I arrested prisoner.

VIOLET TILLER (8 years old). On August 7 I was in the kitchen with my little brother Frank. Percy was there drinking some beer and eating bread and cheese. He put a bread knife in his pocket and took baby upstairs.

FRANK WALTER WILLS . I live next door to prisoner's house. On August 7 the Tiller children came in to me screaming and I went into No. 1. In the upstairs bedroom I saw prisoner and the baby lying on the bed; the baby was on his back, with the knife across his throat. I kept hold of prisoner until assistance came; he kept saying, "Oh, my head." He was intoxicated.

To prisoner. I never knew you to bear any malice or grudge against the child.

ERNEST W. WHITBREAD , another neighbour, who went to the assistance of Wills, corroborated his story. Prisoner begged of witness to give him a razor, as he wished to do himself in.

FRANCIS EDWARD KANE , Divisional Surgeon, described the child's injuries. There was a straight incision about the middle of the neck just through the skin and a few other cuts, all superficial and not dangerous.

Inspector FRANK BURROWS. I saw prisoner at the police station between five and six on August 7. He was very drunk and behaving very strangely. At half-past nine, when he had got over the effects of the drink I read to him the charge of murder. He swooned away. On recovering, before I could caution him, he said, "Charged with murder! Why don't the father look after it? I would do the lot in. He has left them with me for fifteen weeks, and I have pawned my clothes to get them food."

Prisoner's statement before the magistrate: "I don't remember it."

Verdict, Guilty of unlawfully wounding.

Sentence, six months' hard labour.

Reference Number: t19090907-60

HOOLEY, Isabella (58) , feloniously throwing a corrosive fluid (sulphuric acid) upon Bridget Carey, with intent to do her some grievous bodily harm.

Mr. Warburton prosecuted.

BRIDGET CAREY , 55, Wells Street, Poplar. I have known prisoner all my life and have generally been on good terms with her. On August 13 we had a quarrel about some money she owed me. On August 14, just after five o'clock, as I was walking with Mary Pawling up Robin Hood Lane prisoner came towards me and said,

Biddy, I want to speak to you for a minute. I stepped to one side and she took a cup from under her cape and threw it into my face, saying, "Take that." I felt a burning sensation; I screamed out, 'I'm burnt: it's vitriol. I was taken to Poplar Hospital, where I was kept for a fortnight. I am still an out-patient. I gave prisoner no provocation whatever.

MARY PAWLING , who witnessed the assault, corroborated prosecutrix's statement.

Sergeant WILLIAM BRADLEY, K Division. On my charging prisoner, she said, "Thanks; that's good enough. She hurt me, and I hurt her. She has been persecuting me for a long time." At prisoner's house I found the bottle (produced): it had had vitriol in it; it has the label, "Poison—sulphuric acid." In Robin Hood Lane I found broken pieces of the cup.

GEORGE PALMER , assistant at an oil stores, proved the purchase from him by prisoner of a penny worth of vitriol, just before five o'clock on August 14.

Police-constable WILLIAM BAGNALL, who arrested prisoner, said that she admitted throwing the vitriol, saying, "She has hurt me and I have hurt her."

JEREMIAH GRACE , Divisional Surgeon, described the injuries; prosecutrix was badly burnt on the whole of the left side of the face, the neck, the ear, and the top of the cheat; permanent scars were left.

Prisoner, called on for her defence, made an incoherent statement about prosecutrix having abused and assaulted her. On August 14 she (prisoner) had been drinking all day.

Verdict, Guilty. The police stated that prisoner has not been in trouble before, but is very addicted to drink.

Sentence, three years' penal servitude.

BEFORE THE RECORDER.

(Monday, September 13.)

Reference Number: t19090907-61

CARR, Samuel (32, porter), pleaded guilty of feloniously assaulting Violet Pearce with intent to rob and of a previous conviction.

Prosecutrix is employed as manageress of a confectioner's shop at 99, Leather Lane. When she arrived on the morning of August 7 she was accosted by prisoner, who said he had been sent to clean the glass and showed her that he had done so on the outside, and asked to be allowed to enter the shop for the purpose of cleaning it inside. When they were both inside he locked the door and assaulted her violently in the basement, where she had gone to show him where to get water, by striking her with a broomstick. When they were struggling on the ground she offered him all the money on the premises to let her get up. Once on her feet she broke one of the shop windows and screamed for help. Prisoner got away,

but the followed him, and found a constable at the corner of the street, who went in pursuit and took him into custody.

Dr. BERNARD ROWLAND, 67, Pitfield Street, Hoxton, described the injuries, which consisted of bruises and contusions of the head and shoulders.

Sentence, 15 months' hard labour.

Reference Number: t19090907-62

DWYER, Joseph (42, tea packer), pleaded guilty of feloniously marrying Flora Hate Shawyer, his wife being then alive.

Prisoner was first married in 1887. After living with his wife for some time he picked up with another woman, whom he married in 1892, after she had had a child by him, she knowing him to be a married man. In 1906 she obtained a separation order, and subsequently summoned him for maintenance, when he was sent to prison for two months, and while he was doing that term she gave information to the police.

The Recorder observed that prisoner was really under no obligation to maintain her as she was not his wife; therefore he had had two months for an offence he had never committed.

The officer in charge of the case said that as the result of inquiries it was found that prisoner had married a third woman.

The Recorder said he had nothing to do with a third woman; that offence was not before him.

Prisoner said he left his wife in 1900 because she used to go about getting drunk.

The Recorder said he had nothing to do with that. The injury caused by bigamy was to the person with whom he went through the form of marriage, but seeing that she had already given herself my and had had a child by prisoner, and particularly as prisoner had had two months for an offence he had never committed, he would be sentenced to seven days' imprisonment, entitling him to be now discharged.

Reference Number: t19090907-63

RUSSELL, Victor Stanley (17, hall porter), pleaded guilty of forging and uttering, knowing the same to be forged, two orders for the payment of money, to wit, two banker's cheques for £5 each, with intent to defraud.

Prisoner was employed at the Badminton Club as page. He took two of the cheques kept by the club for the use of members, filled them in for £5 each, signed them with the names of two members of the club, and got them cashed at the Junior Constitutional next door, it appearing that the two clubs oblige each other in this way. Prisoner's downfall was stated to be due to betting. With this exception prisoner has an excellent character.

The Recorder said he could not allow an offence of this kind to go entirely without punishment, and postponed sentence until next Sessions, prisoner in the meantime to remain in custody.

Reference Number: t19090907-64

MAY, William Thomas Ingram (36, labourer), pleaded guilty of feloniously marrying Ellen Rose, his wife being alive.

Prisoner was married in June, 1895, deserted his wife, and merried Rose in 1897 by whom he had five children, three living. The

whole family are now inmates of Willesden Workhouse. A letter from prisoner's wife accidentally addressed "Mrs. May," was handed to the woman Rose, who in that way discovered that her marriage was bigamous. Prisoner was formerly a horse-keeper, but fell out of employment owing to the introduction of motors.

Sentence, 13 months' hard labour.

Reference Number: t19090907-65

JACKSON, Thomas (29, labourer), pleaded guilty of robbery with violence upon Samuel Barrett and stealing from him one watch and one chain, his goods.

On August 30, as prosecutor was leaving the London and Provincial Bank in Commercial Street, he was struck in the stomach by prisoner, who was in company with several other men, and robbed of his watch and chain, valued at £15. Many previous convictions were proved.

Sentence, Five years' penal servitude.

Reference Number: t19090907-66

PARSONS, Henry Albert (38, butcher), pleaded guilty of stealing in the dwelling-house of Marie Lemasle one bag, containing a £5 Bank of England note, £4 14s. 6d. in money, and some papers, her goods and moneys.

The offence was committed in April when prosecutrix was keeping a general shop in Judd Street. Prisoner called with an order to view, the shop being for sale, and prosecutrix interviewed him in the back parlour, where she left him while she went to attend customers. Prisoner said he would call again, and after he had gone she missed the bag and money. Last month the landlord of the house where prisoner had been lodging found there was an obstruction in the w. c., and on removing it he found the torn Bank of England note, which was afterwards identified by the number as that stolen from prosecutrix. Previous convictions were proved.

Sentence, 12 months' hard labour.

Reference Number: t19090907-67

RYAN, James (40, labourer) ; wounding George Hudson with intent to do him grievous bodily harm.

Mr. Aubrey Davies prosecuted.

Detective-constable DAVID BAKER, B Division. On August 2 I went to 36, Eckfield Place, Fulham. I saw prisoner at the door and told him I was a police officer and was going to arrest him for stabbing a fellow who was at the station. Prisoner replied, "Yes; that's me. "He then made a rush at me; I closed with him, and in the struggle we fell to the bottom of the stairs. I got the assistance of two more officers—Detective-sergeant Hancock and Sergeant Chatfield—and took him to the station. At the station I pointed out George Hudson, the prosecutor, to him, and said, "This in the man you stabbed." He replied, "Yes, George, I done it; I wish that I had f—g well killed you." On searching prisoner we found the pocket knife produced in his back pocket stained with blood. I showed it to him and he said, "Yes; that is what I done it with." They were both sober. Prisoner also said, "I done it because he hit me with his fist."

WILLIAM HALLEY , divisional surgeon, B Division. On August 2 I examined prosecutor, George Hudson, at the police station. That would be about half past six. He was suffering from two incised rounds at the top of the left shoulder. One extended half an inch is length and half an inch in depth; the other was not so long and comparatively superficial. He had lost a quantity of blood and there were cuts in the clothing corresponding to the wounds on the shoulder. He had lost a quantity of blood, but not sufficient to cause any real weakness. The wounds must have been caused by some sharp instrument and might have been caused by the knife produced.

GEORGE HUDSON . I live at 36, Eckfield Place, Fulham, with my mother. Prisoner lives there also. I arrived home on August 2, just before 6. I asked for a cup of tea and was refused by prisoner, who said I was not welcome to it. My mother was present. We started a little row between ourselves and I struck prisoner in the face with my hand two or three times. There was a fight and I got stabbed. I did not know I was stabbed till I found blood was running down my side about half an hour after the occurrence. I did not become unconscious. I was taken to the station by two young chaps. The knife produced belongs to prisoner. I was not sober; prisoner also seemed to me to be drunk. I am a costermonger. I had not been at work that day. Prisoner lives with my mother. At the station prisoner said he was very sorry for what he had done. I did not hear prisoner say, "Yes, George, I done it; I wish I had f—g well killed you."

(Defence.)

JAMS RYAN (prisoner, not on oath), said that he acted in selfdefence. On Bank Holiday afternoon he came home and went to bed. Hearing Mrs. Hudson moving about, he asked her to pour him out a cup of tea. Prosecutor, coming in, poured himself out a cup, and he said to him, "Somebody else wants a cup of tea besides you." He got out his knife to cut the seams of his socks because they hurt him, and prosecutor, after striking him, threw a knife at him, saying, "You f—g bastard, I will have your b——life. "With that, having the knife in his hand, he made a plunge at prosecutor and cut him. When the police officers came he told them he had no recollection of doing it.

GEORGE HUDSON , recalled, denied that he assaulted prisoner with the table knife and did not recollect calling him a f—g bastard.

Detective BAKER, recalled. There was no cut upon prisoner's clothing and there was no blood upon him.

FREDRICK HUDSON , brother of prosecutor, spoke to seeing him throw the table knife at prisoner. Then prisoner rushed round and stabbed Prosecutor in the shoulder. He considered the affair was George's fault.

To Mr. Davies. I am a little bit afraid of prisoner.

Prisoner wished to call other members of the Hudson family, but they did not answer to their names.

Verdict. Guilty of unlawful wounding, under provocation.

Police-constable SAMUEL PRIOR, 68 B R, said he had known prisoner for the past 20 years, during which time he had been a great trouble to the police. He was now living with Mrs. Hudson, did very little work, was the associate of prostitutes and lived on prostitution, was a public-house loafer, and had been many times convicted of drunkenness and disorderly conduct.

Sentence, Nine months' hard labour.

BEFORE THE COMMON SERJEANT.

(Monday, September 13.)

Reference Number: t19090907-68

HUNTER, John (22, clerk) ; on August 21, stealing one hand bag, one purse, two keys, one railway season ticket, and 2s. 6d., the goods and moneys of Jessie McDougal; one hand bag, one purse and one railway season ticket and £1 1s., the goods and moneys of Minnie Edith Brown; one card case, one railway season ticket and 2 1/2 d., the goods and moneys of Jean Sillars; one portmanteau, one dressing case, three bottles, two hair brushes, and other articles, the goods of Edward Percy Reed.

Mr. H. O. L. Davidson prosecuted.

Prisoner was tried on the indictment relating to Jean Sillars.

JEAN SILLARS , 9, Westfield Road, Bowes Park, typist, employed at 5, East India Avenue. On Saturday, August 21, at about 12.30 p.m., I left my card case containing a season ticket, 2 1/2 d., photos, and vulcanite card, value £1 3s., on the table at the office when I was called downstairs; when I returned they were gone. I identify card case, vulcanite card and memo, produced as part of the property missing.

Cross-examined. I have never seen prisoner; it was between 12.30 and one p.m.

Detective FREDERICK HAYWARD, City Police. On August 21, at 12.40 p.m., I saw prisoner in Mark Lane looking at a small piece of paper, which he doubled up and threw in the gutter and which I picked up (produced). He also threw a season ticket and a paper (produced) into a wine cellar, which I obtained on the following Monday. I followed prisoner to Mark Lane Station. I afterwards went to 5, East India Avenue and produced the two papers to Jessie McDougal and M. E. Brown, who had reported their purses being stolen, and who identified the papers. With Detective Green I afterwards kept observation at 84, Hewlett Road, Old Ford, and at midnight arrested prisoner there. I found in prisoner's room property of which I produce list, including card case, identified by Jean Sillars, and 18 pawntickets.

Cross-examined. I did not arrest prisoner when I saw him at 12.40 p.m.; 15 of the pawntickets do not relate to any of the present

charges. The other three do not relate to the charge respecting Jean Sillara.

JESSIE MCDOUGAL , 27, Denton Park Road, West Hampstead, typist, at 5, East India Avenue. I work in the same office as Jean Sillars. On August 21, at about 12.45, I lost a hand bag containing a green purse, 2s. 6d., a key, and a season ticket (value £1 7s. 6d.) I identify purse, season ticket, and key produced.

Cross-examined. I have never seen prisoner before.

Moms EDITH BROWN, 123, Addison Road, typist, of 5, East India Avenue. On August 21, at about 12.30, I lost, from the office, a purse containing season ticket, 21s., and several pieces of paper, total value £2 10s. I identify paper produced at having been in my purse.

(Defence.)

JOHN HUNTER (prisoner, not on oath). This is the first time I have ever been charged with theft. When in Mark Lane I picked up this little green card case and was looking at its contents; I threw the pieces of paper away, put the card case in my pocket, and went home. I am now charged with stealing. If I had stolen the things I had every chance of getting rid of them. If the detective had thought I was acting suspiciously, why did he not arrest one at the time? I am not guilty.

Verdict, Guilty.

Prisoner confessed to having been convicted at Tower Bridge Police Court, on April 29, 1908, receiving 10 days' for stealing clothes from a ladies' lavatory. He was said to have been suspected of several robberies from offices.

Sentence, 15 months' hard labour.

Reference Number: t19090907-69

STAKNETT, Margaret (43, no occupation) ; feloniously causing grievous bodily harm to Walter Dunn, with intent to prevent her lawful arrest.

Mr. Roome prosecuted.

Police-constable WALTER DUNN, 821 V. On July 18, 1909, at a little after 12 midnight, I was on patrol duty in Plough Road, Battersea, with Police-constable Meyer. A whistle was blown and Meyer left me. I then heard singing and shouting down Benham Street, Battersea, which crosses Plough Road. I went there and found prisoner with others singing and dancing on the pavement. I asked her to desist and go indoors. She told me, with foul language, to mind my own business, "You are only a schoolboy; I will stick a knife though you If you touch me." A man behind me said, "You leave her alone, constable." I turned round and said, "You have nothing to do with it." The prisoner then struck me on the head with a bottle of beer, which broke, the beer running all over my tunic. I fell down partly unconscious, seizing the woman, who fell to the ground with me. Someone in the crowd blew my whistle. I got up and prisoner kicked me on the leg. I closed with her again; we

both fell, prisoner on the top. She grasped my testicles and caused me most severe pain. Other officers arrived and pulled her off me and took her to the station. I was assisted there and seen by Dr. Kempster. I vomited both before and after I got to the station. I have since been on the sick list.

Cross-examined. Prisoner was in the company of five or six others. I saw her holding the bottle before she struck me with it.

Police-constable GEORGE MEYER, 84 V R. On July 18 I was in Plough Road with the prosecutor when I heard a police whistle and left prosecutor. I afterwards heard a whistle and went to Benham Street, where I saw the prosecutor on the ground with the prisoner on top of him. I pulled her off and took her to the station. Prosecutor was badly injured and was assisted to the station. He vomited on the road.

Police-constable EDWARD HAWKES, 495 V. On July 18, at 12.15 a.m., I was on duty in Plough Road, when I heard a whistle; I went to Benham Street and found prisoner in custody, prosecutor being assisted by last witness. Prisoner was drunk and very violent, using very bad language. She assaulted me on the way to the station.

Police-constable WALTER POWELL, 376. On July 18, hearing a whistle, I went into Benham Street, where I saw a large crowd. Prisoner was struggling on the ground with prosecutor, who appeared very exhausted. We took prisoner to the station; she was very drunk and very violent.

FELIX CHARLES KEMPSTER , M. R. C. S., divisional surgeon. On July 18, at 12.20 a.m., I was called to Lavender Hill Police Station and found prosecutor in a very exhausted and collapsed condition; he was only partly conscious and was sobbing bitterly. On the left temple there was a large bruise and several cuts, which were bleeding. I tested him by what is known as the Rhomberg test and found that he was suffering from the effects of concussion of the brain; he was unable to stand without staggering; he vomited, which is a wellknown effect of the reaction after concussion. The injury may have been inflicted by a bottle full of beer; that is a very dangerous weapon and the blow must have been given with great force to break the bottle. I found that both testicles were crushed, the left one more severely, showing that great force had been used. The surrounding parts were considerably bruised and there were marks as if the nails had been dug into the flesh. He must have suffered great agony. He was unable to give evidence and was confined to bed for a week. A week afterwards I examined him before he gave evidence. The wounds were healing. The left testicle showed signs of wasting. I examined him last Friday—the wounds are healed. The right testicle is still swollen; the left is still wasting. He is quite unfit for duty at present. I think he will ultimately recover.

Cross-examined. Prosecutor on the 21st was in bed. I visited him on that day.

(Defence.)

LOUISA STANNETT , daughter of the prisoner. I live with my mother.

At midnight, July 18, my mother was standing on the doorstep; there were people singing opposite and up the street. Prosecutor told her to go in or else he would take her. Prisoner said, "All right—go and see to those up the street." Prosecutor then took hold of her, threw her to the ground, and fell on her. I screamed out for father. I told the constable my mother was in a certain condition—he took no notice. None of. us had a bottle of beer. I held my baby two years old. If a bottle was used it was done by someone in the crowd. Prosecutor was not struck by me or my mother.

Cross-examined. I did not go before the magistrate. I was in Court. There were not five or six people round our door—I and prisoner were the only people there; we were on the doorstep. Prisoner did not use filthy language—it is absolutely an invention. Prosecutor threw prisoner on the ground and held her. When I saw he had got my mother down I told him of her condition. Then my father took me in. We always get our beer in a jug. No bottle was used at all. She could not have done anything to him, because he held her hands.

MARGARET STANNETT (prisoner, not on oath). I am pregnant. I had no bottle or anything in my hand.

Verdict, Guilty, with a recommendation to mercy on account of her condition.

Prisoner was stated to be a very drunken and violent woman; she bad had several summary convictions as drunk and disorderly and on July 21, 1905, had six weeks' hard labour for assaulting an insurmet agent.

Sentence, 18 months' hard labour.

Reference Number: t19090907-70

SAUNDERS, Stephen (42, contractor) ; stealing two sauce boats and other articles, the goods of the Bits Hotel (London), Limited; six knives and other articles, the goods of the Carlton Hotel, Limited; and one sauce boat and other articles, the goods of the Gordon Hotels, Limited, and feloniously receiving the same in each case.

Mr. Richard Oldfield prosecuted; Mr. H. I. Turrell defended.

Prisoner was tried on the indictment for stealing and receiving the property of the Carlton Hotel.

JOHN JOSEPH KENNY , accountant, Carlton Hotel, Limited. I identify plated forks, spoons, and knives (produced) as the property of the Carlton Hotel. They are stamped "Carlton Hotel," and are worth about £3 10s. 6d.

Cross-examined. £3 10s. 6d. is the purchase value. Some of the articles are considerably worn. They could not have been thrown into the dust heap, as the Carlton Hotel consumes all its dust on the premises.

Re-examined. These articles only require cleaning to be fit for use. I first saw them on July 29, at Barking Police Station. In

taking stock we have found a number of spoons, knives, and forks missing.

CHARLES WESTWOOD , foreman to Alfred Keefe, Limited, dust contractors, Barking. My firm have had dealings with prisoner—he employs lads to pick over our dirt heaps and take away bottles, glass and rags, but he is not allowed to take tins. On July 29, about one p.m., I saw prisoner about 10 minutes' walk from the shoot, which is on the Marshes, two miles from Barking. He was carrying wooden box produced. I asked him By way of a joke, "What have you got in the box?" He showed me the contents (a quantity of plated knives, forks, etc.), and said, "I will sell them to you." I asked him where he had got them; he said he found them from time to time on the shoot.

Cross-examined. Prisoner at once showed me the contents of the box. I work for Keefe and know prisoner quite well. I should not be likely to receive stolen goods. Prisoner, under a written agreement, pays 10s. a week for the privilege of picking out and taking away materials other than tins or metals.

Detective-sergeant WILLIAM ELSAM, K Division. On July 29, at 1.15 p.m., I saw prisoner at Creek's Mouth Road, Barking, carrying box produced; he placed it in his van and drove on towards Keefe's dust shoot. I ran after him and called to him to stop, which he did. I said, "I am a police officer—what have you got in that box which you placed in the van?" He said, "Only a few spoons and a fork or two that the boys have picked up." I got into the van, examined the box, and found it contained 96 pieces of silver plate. I said, "Where do you say you got this plate from?" He said, "I found it myself about a fortnight ago on Keefe's dust shoot. It was in a brown paper parcel, all together." I said, "Did anyone see you find it?" He said, "No." I said, "Have you reported it to the police?" He replied, "No." I said, "But you are driving towards Keefe's dust shoot; how do you account for that?" He said, "I have told you where I got it from—find out." I said, "I shall have to arrest you on the charge of being in the unlawful possession of the plate." He said, "Very well." I conveyed him to Barking Police Station, where he was detained and subsequently charged.

Sergeant CHARLES VANNER, C Division. On July 29, at 10 a.m., I saw prisoner at Barking Police Station and told him he would be charged with stealing and receiving property of the Carlton Hotel and the Ritz Hotel. He said, "I did not steal them; I found the property upon the dust shoot about a fortnight ago. It is pity I did not tell the police—I passed the police station nearly every day. This would not have happened if I had not tried to conceal it." In reply to the charge he said, "I told you before how I became possessed of them." On being cautioned he said, "I was on the dust shoot about a fortnight ago sifting some paper, etc., and I came across a brown paper parcel, tied up with string, which contained all the articles produced, except half a dozen forks which the boys picked up."

(Defence.)

STEPHEN SAUNDERS (prisoner, on oath). I have never been charged before. I picked up some of these articles myself, others were found by boys that I employ. I found a quantity in a paper parcel. The box contained those and a number that the boys picked up from time to time. I put them together in box (produced) at home. I cannot read. I have here a number of similar articles which were all collected of the dust shoot. (Producing and emptying out a leather bag full.) I showed Westwood the articles, but I did not offer to sell them to him. I thought he might make an offer for them. I put the box in the van intending to take it to the station to see if it was of any value, but I did not pass the station that morning.

Cross-examined. I found the parcel on the dust heap. Some one lined Smith works for me. Michael Daintry does not work for me sow. I do not know that they have got into trouble through finding things.

Verdict, Guilty of receiving, knowing the goods to have been stolen.

Sentence, Nine months' hard labour.

BEFORE JUDGE RENTOUL.

(Monday, September 13.)

Reference Number: t19090907-71

LIPMAN, Woolf (18, tailor) ; stealing one roll of silk, the goods of Reuben Goodman.

Mr. Macdonald prosecuted; Mr. Grain defended.

FREDERICK WHITE , 96, Newold Street, E. On July 26 I was in Friday Street, E. C., sitting on my barrow, at half-past five. Prisoner came up and asked me if I would have a cigarette; I said, "Yes." Then Saunders, another witness, a porter the same as myself, came running downstairs at No. 5 and 6, Friday Street Mr. Goodman works for that warehouse. Saunders asked me to give him a hand. I said I could not leave my barrow. Saunders then asked accused. They went upetairs together. Saunders stooped down to pick up one bundle and prisoner stooped down to pick up the other. While Saunders was coming down the stairs with his bundle on his shoulder prisoner like stooped down and undone the bundle, took the silk out of it, and put it up his waistcoat. Then he ran away. He ran past me. I see his waistcoat was bulged out. It was 24 yards of silk. I saw accused on the next Saturday. He came down Friday Street. He walked towards Friday Street; an inspector was behind him; I nodded to the inspector that he was the man, and he arrested him. Saunders was there as well and identified him.

Cross-examined. Lewis Cohen is my master. His address is 96, Newold Street, and he is a master tailor. At the time of the robbery my barrow was in the roadway in Friday Street. I saw Saunders go in—we are chums. He was going to get his parcels at

Palmer and Co. They are on the third floor, right at the top of the building. There are other tailors on the first floor. I could not see the third floor from the street; he fetched it down on the lift which goes from the ground to the top floor. Saunders pot his parcels on his landing on the first floor when he fetched them out of the lift. Then Saunders picked up one and came down. I could see what went on on the first floor from the street. It is all glass windows at the back and there is a fairly good light. I was not sitting on the barrow, I was standing up. (Witness described the size of the bundle.) It was tied up with thick string. I saw prisoner undo it; he had a knife and cut it.) His waistcoat was the same as he has on now. He undone his waistcoat, put the silk up, and buttoned it up again. He could have doubled it over. I did not see it sticking out here at all. Of course he ran past me. It might have been sticking out. It is quite a narrow entrance. I am still working for Mr. Goodman. I had seen prisoner on two or three occasions before July 26 round Friday Street to talk to. I have seen him once, I think, on a Tuesday, and again on a Tuesday—always in the afternoon.

ROBERT THOMAS SAUNDERS . I am employed at 54, Lucas Street On July 26 I was fetching a parcel from Friday Street. I got prisoner to help me. I had first asked previous witness; he said he could not. Prisoner and I went upstairs together. I picked up one bundle and prisoner picked up the other as I thought. I then went downstairs with the bundle and put it in the passage on the ground floor. I then went upstairs, Prisoner came running down as I was going up. He was buttoning up his waistcoat. I noticed he was very bulky; his waistcoat sticking out. I could not cell out, I was exhausted. I had lost my breath. I went upstairs and found the parcel all open and the roll of silk was gone from the top of the bundle. I saw prisoner again on the next Saturday in the street. I came running down and said, "That is the man we want." I was with the inspector then. He had arrested prisoner and White was down there as well.

Cross-examined. I was at work at 5 and 6, Friday Street, on July 26, for Reuben Goodman. I was doing a job for him. He is not here. He is a ladies' tailor. I asked my governor if I could do this job and he said, "Yes." He is not here. I went for two parcels. Prisoner went to the first floor with me. I went up by the stairs. I asked for my two parcels and brought them down by the lift by myself. I put them on the landing on the first floor. It is light there, there are windows all the way round. White was downstairs on the barrow. I saw the silk packed in the parcel; it was a 24 yards roll. Each parcel of silk was not wrapped in paper. I have seen prisoner in Friday Street about twice before; a long time back—about three months. The other parcel belonged to my governor, Levy. I brought them from Palmer's; Palmer's they belonged to. I had to take them and one was for Abraham Levy. It was not all silk—costumes trimmed up, lining and linenette. I was to take the silk to Goodman. I saw

him when I got back. The string was cut. It was pinned and tied with strings.

Detective FRANCIS DYER, City Police. I was in Cheapside at one o'clock on July 31. I saw prisoner at the end of Fountain Court peeping up the court. There were two barrows there laden with tailors' material. He walked up the court, round these two barrows, looked about, and subsequently left. He crossed over to the other suit of Cheapside and looked down Friday Street. Suspecting him I followed. He entered Friday Street, walked down the east side under the cover of a van. He appeared to look across to 5 and 6, Friday Street, and then suddenly turn back and hurried away. I then noticed the leather wristband on his arm. Having previously had a description of a man who stole a roll of silk I stopped him and told him I had reason to believe he was the man. He said, "I did lot steal the silk. "I then took him through Friday Street and witness White, who was on the footway, ran across and said, "That in the man that stole the silk." At that moment Saunders ran across tad said he was the man. In consequence of that prisoner was taken to the station and charged. He made no reply. Cross-examined. I have made inquiries about prisoner at the places I have been told about. His mother is here. She is a very respectalls woman. I have made inquiries of Mr. David Larholdt and find he was employed there for about six weeks, from the middle of July, us tailor's presser. He gives him a good character and says he is a good workman. Prisoner has been in the Army. Mr. Goodman has been here every day; he was not subpœnaed after the alderman's remarks that he could state the value of the property and that was all that was required.

(Defence.)

WOOLF LIPMAN (prisoner, on oath). At the time of my arrest I lived with my mother at Humberston Street, E. I began work when I was about 16 for Mr. Simons, a wholesale grocer, and from that time I have contributed to my mother's keep. From Mr. Simons I went to Mr. Haskell, in Osborne Street. I worked there a year. I then joined the Royal Field Artillery in March, 1908. I went to Mr. Urhold when I finished my training; that was June 28. I left Larholdt's on July 25. I did not cut open any bale of silk or take any piece of silk and put it under my waistcoat. I went upstairs for the purpose of helping, but I did not help at all. The day I was arrested I went to meet one of my friends at one o'clock, as I can prove.

Cross-examined. I went upstairs to help Saunders. The bundle was too heavy, I could not manage it myself. Looking down I thought I would see my friend to go home with, which I went through Friday Street to meet my friend, so I went downstairs I thought I would meet him in Cheapside, so I went right home. I purposely go through Friday Street to meet my friend coming from Friday Street. I did not run off. I was not exactly running. My friend

was passing along the street. I wanted to catch him up. I passed Saunders on the landing. He says to me, "Where are you going?" I told him I was going home. My friend's name is Bernstein. I do not know it he is here. I have not tried to get him here, because I did not meet him after all. On the day of my arrest I went to meet Bernstien again. When I have nothing to do I generally go up to the City. I was out of work that day. He works in Albert Square; that is half an hour's walk from Friday Street. I was to meet him in Friday Street. He generally gets the work there and takes it to Albert Square. He does that sort of thing at half-pest one on Saturday. The warehouses are open between 12 and one. I do not know anything about Fountain Court. I started from home about half-past 12 and walked up. I took the left-hand side of Cheapside—the same side as Friday Street. I did not see anybody following me. I was not in Friday Street till the detective arrested me at the junction between Friday Street and Cheapside.

DAVID LARHOLDT , 134, Cable Street, E. Prisoner was employed by me from July 1 until two days before his arrest. I found him perfectly honest and hard-working. He was recommended to me by friends of mine. I am prepared to take him back.

Verdict, Not guilty.

Reference Number: t19090907-72

FRENCH, George (24, billiard marker) ; on July 3 and 17, unlawfully uttering counterfeit coin. Mr. Pickersgill, M. P., prosecuted.

ALFRED STERN , 39, Central Street, St. Luke's. On July 3 prisoner came to my shop and bought one or two pennyworth of biscuits and gave me in payment the half-crown produced. I told him it was bad and got my biscuits back. He wanted the coin back. I declined to give it to him. He left. On the following Sunday fortnight I was called to the police station to see if I could identify a man arrested for a similar offence. I picked prisoner out from a number of other men.

Cross-examined. I told the inspector when I came to identify you that the man who passed the coin on me had a drab cap, and he said I must go and touch him. He did not say, "Go close up and when you see him touch him." I first went over the row of men and recognised you, then I fold the inspector, who then told me I must touch the man.

JAMES COOK , barman, "Macclesfield Arms," City Road. On July 17 prisoner came in and asked for three drinks. He tendered a 4s. piece and I gave him the change. I tested it and asked him if I had made a mistake in his change. He pulled out the change; I took it out of his hand and showed him the coin. I called the governor and he was given in charge.

Cross-examined. I said, "Have you any more like this?" You did not have a chance to get away, the doors were closed.

WILLIAM CRANWELL , "Macclesfield Arms," City Road. Last witness gave me a coin on July 17. I went to prisoner and asked him if he had any more. He said, "No." I said, "I have had one or

two lately, so I'm going to lock you up." I sent for a constable and he said, "You don't want to make a fuss. I have not got anymore. 1 did not know it was bad."

Cross-examined. You bad plenty of chance in the first place of getting away.

Police-constable ALFRED ANDREWS, 107 G. I was called to the "Macclesfield Arms" to arrest prisoner. I searched him there and then. I found on him a good 2s. piece and a bronze French coin. Prisoner made no statement whatever.

Cross-examined. You did not say when I searched you, "I did tot know it was bad."

Sergeant HENRY GARRARD, G Division. I was at City Road Police Station when prisoner was placed with nine others and identified by Mr. Stern. He walked up and down the row, looked at prisoner, and said to the inspector, "That is the man with the drab cap on." The inspector said, "If that is the man touch him."

Cross-examined. When Mr. Stern first came into the yard the inspector told him to look up and down the row to see if be could identify anyone in the row.

WILLIAM JOHN WEBSTER , Inspector of Coins for His Majesty's Mint. The double florin and half-crown handed to me are both bad. The double florin is the better made.

(Defence.)

GEORGE FRENCH (prisoner, on oath). On July 17 I was returning from the Islington Empire. Coming down City Road I met an old school friend. After a little conversation I asked him to come and have a drink. We were outside all public-house at the time. He said, "Don't come in here, come across the street." We went across. I asked what he would have to drink. He had a small ale, his friend and I had a pony-bitter. I had a 4s. bit for the charge to be taken out of. I gets the change. All of a sudden the barman comes up and says, "Have I gave you the right change!" I said "Yes," and showed him. He said, "Have you got any more coins like this!" Then he said it was bad. I said, "I do not know whether it is bed." The policeman searched me in the public-house with a lot of people round and he found nothing else on me. I was charged and put in the cell. While there I asked the constable what they had done with the other two men. He said they had let them go. I want to know why they let them go. I might have been able to call them in?y defence. I knew one of them, but not his address.

Cross-examined. I was not in fit. Luke's at all on July 3. I dare say was in Spitalfields. I daresay I was drinking with my brother at the time. I did not appreciate the importance when I was charged of being able to show where I was on that Saturday night. I am generally with my brother on Saturday nights in Commercial Street. He is not here. I cannot prove exactly I was in his company. I how I was that way. I have never been in St. Luke's. As to the

Macclesfield Arms, the reason I paid for the drinks with the 4s. piece instead of the florin was that I took the first coin that came to my hand.

Verdict, Guilty.

Several previous convictions were proved.

Sentence (after finishing unexpired term of 221 days), Two months on each of these two charges, to run concurrently.

Reference Number: t19090907-73

HAMM, William (22, gardener) ; unlawfully having in his possession pieces of counterfeit coin with intent to utter the same. Mr. Pickersgill, M. P., prosecuted.

Sergeant HENRY RICHARDSON, H Division. On August 17, about 15 a.m., I went with other officers to 97, Ernest Street, Mile End. We went to the back room on the first floor. It was padlocked outside. I knocked at the door, but received no answer. I heard whispering inside I forced the door. On entering the prisoner and a girl named White was standing by the side of the bed in their nightclothes. I noticed prisoner had something in his hand. I said, "What have you got there?" He said, "Nothing." On opening his hand I found this bag, containing 20 counterfeit florins. The girl said, "I knew we should get into trouble having these things here." Prisoner said, "You won't get into trouble; I will take all the blame. I do not care if I get 10 years so long as you get out of it." They were taken to the station, and when formally charged 21. neither made any reply. The girl was discharged at the police 22. court.

Cross-examined. If the padlock had not been fastened I should have simply opened the door. Somebody must have locked them in. It was not locked from the inside.

Detective-sergeant BENJAMIN MEESOM, H Division, confirmed the evidence of previous witness.

WILLIAM JOHN WEBSTER . H. M. Mint, deposed to the coins being counterfeit.

(Defence.)

WILLIAM HAMM (prisoner, on oath). On August 16 I had been walking about all day; I had earned two or three shillings with fruit. On my way home I went into a coffee shop. A man there asked me to hand him a newspaper. He was telling me one thing and other, and I told him how I was situated. I owed 16s. rent and did not know how to pay. He said, "Take these—very likely this will help you." I took them, the man walked out of the coffee shop and left me. I got home about 7.30. Next morning I found my place, back and front, guarded by police officers. I had 19 counterfeit coins given me. The police say they found 20. Where did they get this other coin? I really believe it is a put-up case. Do you think I should nave taken them if I had known they were counterfeit, because where did they get the other coin from?

Verdict, Guilty.

Several previous convictions were proved.

Sentence, Six months' hard labour.

Reference Number: t19090907-74

WOOD, Jack (26, labourer) ; stealing one box, £2 16s., and other articles, the goods and money of William Stratton; one purse and 4s. 6d., the goods and moneys of Margaret Sarah Badham; and two chains and other articles, the goods of Thomas Hunt.

Mr. Samuel prosecuted.

SARAH STRATTON , 2, Wyran Street, Putney. I remember prisoner calling on August 3. He asked for a bed-sitting-room for himself and friend. I took him upstairs and showed him the room; he asked if I would get it ready in the afternoon. I said, "Well, that is rather quick, but if you will come downstairs I will speak it over with my mother." On the way down he asked where the lavatory was. I showed him, and he asked permission to go. I went down a few stairs, then suddenly thought of something I had left in my bedroom. I ran back quickly and caught him coming out of my bedroom. I asked him why he went there. He said, "That is all right," he had adjusted a bandage to his wounded leg. I went to see if he had taken anything; in the meanwhile leg. I ran downstairs quickly and followed him for about an hour. He was caught by two young men. I identify the property. The lavatory is four stairs down from the bedroom.

EDWARD MARSDEN , 185, Earlsfield Road, Putney. On August 3 I aw prisoner come out of No. 2, Wyran Street, followed by a lady. Another lady came out of the house and said prisoner had stolen her daughter's money, would I mind following him. I gave chase. I followed him till he got to the towing-path. He was too far in front of me and, seeing a man with a bicycle, I asked him to lend it to me. I then pursued prisoner as far as the Banelagh Club. Then he pulled out a razor and flourished it. I stood by till somebody came to help me. He said he would do for me. When the other man came to help me prisoner said to him if he would knock me down he would share the spoils with him. He did hand the money to him, and the other man helped me to arrest him afterwards.

PRISONER said he wanted the doctor called from the asylum in which he had been.

Dr. H. G. HILL, medical superintendent, Middlesex County Asylum, Upper Tooting. I cannot say whether. prisoner is the man who was in our asylum in the name of Henry George Bunce, from Member, 1897, to May, 1899. That was a boy 14. He was considered very backward and somewhat feeble-minded. He very much improved, and was discharged after repeated applications by his parents.

SIDNET REGINALD DYER , medical officer, of Brixton Prison. I have had prisoner under observation about three weeks. I have not been able to discover any symptoms of insanity. He has behaved and talked quite rationally and sensibly.

In reply to the Judge, prisoner said he knew nothing about the matter with which he was charged.

Verdict, Guilty.

Warder TUCKIY, Wormwood Scrubs Prison, proved several convictions.

Sentence, 12 months' hard labour.

Reference Number: t19090907-75

JOHNSON, Charles (35, engineer), and NUTLEY, Henry (30, horsekeeper) ; both uttering counterfeit coin, possessing counterfeit coin. Johnson, making counterfeit coin.

Mr. Herman Cohen prosecuted.

Detective-sergeant CHARLES HAWKINS, W Division. On July 25 I was in Clapham Park Road with Divisional-inspector Ward. About eight o'clock I saw both prisoners enter the King's Head" public-house in that road. They left there after about 20 minutes and went towards and entered the "Coach and Horses" in the same road. After they had been there some time the left and went towards Brixton. When they got to the "Crown and Anchor, Acre Lane, I saw Johnson enter, the other man entered the tobacconists shop a few doors further on. I went in to the public-house and spoke to Johnson. I said, "I am a police officer. What were you doing acting so suspiciously in Acre Lane?" No sooner bad I uttered those words than he struck me a violent blow on the chest and tried to escape. I closed with him. As I was doing so he put his hand in his pocket and threw out a small parcel containing 13 florins and 15 shillings. I searched him at the station, and found two florins in his left-hand trousers pocket, a sixpence in his righthand trousers pocket, and some good money. I have not made a note of the good money I found.

Cross-examined by Johnson. I saw you go into the public-house where I arrested you, and Nutley went into the tobacconist's shop. You wrote me a letter asking me to arrest a man named Carroll, I have not arrested him because I had no evidence on which to arrest him.

Inspector WARD. I was with Sergeant Hawkins when prisoners entered the "King's Head." They stayed there a quarter of an hour. They came down towards Brixton and entered another little house which I understand is called the "Coach and Horses." I am not well acquainted with the district; I have not been there long They left there and went down towards another public-house Johnson went in there. Nutley went into the tobacconists. I went after Nutley. He came out of the tobacconist's, went across the road and into a public-house opposite to the one in which Johnson had gone. He remained a few seconds only, and as he came out I arrested him. I asked him what he was doing about here. He said, "Nothing." I took him across the road to Johnson, and in consequence of what he told me I conveyed them to Brixton. I felt in Nutley's pockets in the road. He had some money. I did not take it from him. I subsequently took him to the station and searched him. In his waistcoat pocket, I think it was, there was a

counterfeit shilling, and one in his trousers pocket in a handkerchief. They were charged and neither made any reply.

Cross-examined by Nutley. I went to the tobacconist and asked if they had had any bad money passed there; they said no, they had given some change just then. This was not long before you fist in.

CHARLES HENRY HOWE , "King's Head," Clapham Park Road. On July 25, at the request of Inspector Ward, I looked over my till and found a coin which I gave him, a sixpence. It was marked in ay presence. I should think it was paid in about seven o'clock, as up to that time 1 had a young lady in the bar, who was more likely to take it than anybody else. I do not know either of the prisoners.

WILLIAM CHARLES SMITH , "Coach and Horses," 175, Clapham Park Road. I have never seen prisoners before. In the evening of July 25 I looked into my till and saw what I thought was a counterfeit sixpence. I gave it to the police, who marked it in my presence. It would have been taken, I should think, on the Sunday sight, while I was out, about seven o'clock. It would be taken between seven and ten.

WILLIAM JOHN WEBSTER , Inspector of Coins to His Majesty's Mist, deposed to the coins being all counterfeit.

(Defence.)

CHARLES JOHNSON (prisoner, on oath), examined by Nutley. I had not seen you for nine weeks on July 25. You were not aware of what I had in my possession. I asked you to have a drink. After we had a drink I asked if you were going to walk as far as Old Town, Clapham, as I had a friend to meet. I met my friend there. You did tot know him.

Cross-examined. I have known Nutley about three years. Previous to my arrest I bad not teen Nutley for nine or 10 weeks. He wants to show that it is a put-up job by Carroll. Carroll is the man that ought to be here instead of him.

HENRY NUTLEY (not on oath.) I saw Johnson on this Sunday about Half-past seven outside the "Nag's Head," to my surprise, and he said, "How are you going on?" I told him I was going on all right. He asked me to have a drink. We went into the "Nag's Head" and had a drink. I said, "Which way are you going? I am going as far as Old Town, Clapham." He said, "I am going that way. I have to meet a man at 'The Plough' at eight o'clock, you can have a walk up with me." I accompanied him with his wife up to "The Plough." On arrival there Johnson's wife laid, "Here 11 that man across the road that came down home at dinner time." I see Johnson look across the road in the direction the man was taking, and this man beckoned. Johnson went over and some conversation took place. After a time Johnson's wife went and spoke to two women she knew. Johnson then came to me and asked where

his wife was. I said, "There she is, speaking to them two young women there." He then said, "You might tell her that I am going down to the" King's Head "with this man. You can have a walk down if you like." I said, "Very good." They went on towards the 11 King's Head." I waited three or four minutes for his wife. She said, "Very good. I will be down in a few minutes. "I walked down to the 'King's Head. There I saw Johnson with another man, who I've heard is Carroll, standing at the bar of the public-house. Carroll asked me to have a glass of ale. I said, I didn't mind. After two or three minutes I heard Carroll say to Johnson, "Will you have a walk round the corner with me?" Johnson said, 'All right." They went out and returned about 10 minutes after that. The 2s. found on me was given to me by Carroll. On arriving at "The Open Hand "public-house, he said tome, "Don't you come in here as I have a friend to meet," and he dropped the 2s. into my hand. I do not know whether it was to do me a good turn or whether it was a trick to bring me here. I put it in my pocket and took no more notice of it. The man took me into the tobacco shop, where I purchased tobacco and asked if they had taken had money. I have a good character. I have a letter here from my last employer. I have been with him five years. I had been out just three weeks. There was little call for horse cabs and he sold them up.

Verdict: Johnson, Guilty; Nutley, Not guilty. Several convictions were proved against Johnson.

Sentence, Twelve months' hard labour.

Reference Number: t19090907-76

CHITTY, Frederick (22, decorator), and WOODS, George (21, machine man) ; Woods, unlawfully attempting to carnally know Ivy Ellen Mardell, a girl under the age of 13 years; Chitty, aiding and abetting the said George Woods to do and commit the said offence.

Verdict, Guilty.

Sentence (each): Six months' hard labour.

BEFORE MR. JUSTICE COLERIDGE.

(Tuesday, September 14.)

Reference Number: t19090907-77

HALL, Harold (27) ; wilful murder of Kitty Roran.

Mr. Muir and Mr. Leycester prosecuted; Mr. H. D. Harben, at the request of the Court, defended.

ALFRED WILKINS , market porter, Spitalfields. I am now in custody awaiting trial. I knew deceased by sight as walking about Commercial Street and that wav. She lived in Miller's Court, Duval Street, and was a prostitute. I last saw her at midnight on July 1 last. I had seen her earlier standing at the top of Duval Street. At 12 o'clock she was walking down Duval Street with a man. I would not be quite certain that it was prisoner. When I first said I recognised him I had just got up out of a drunken sleep—I pointed prisoner out. I had given the police a description on the morning of

July 2 as of a man about 5 ft. 6 in. or 5 ft. 7 in., with dark hair, and rather a darkish complexion, with a dark moustache and no beard, dressed in a dark suit. He had the appearance of a soldier about 27 or 28. They went up Miller's Court. I was standing outside a lodging-house opposite. I saw the man come out of the court alone about 20 minutes after. I did not see what house it was. I saw no more of him or the girl. I afterwards saw prisoner with several liters at Old Street Police Court. I said, "That is the man," or like the man." He did not say anything. It was the same day that I gave my evidence, July 27. I had not seen prisoner during the lbs. I was at Felixstowe part of the time.

Cross-examined. When I first saw the man I was standing outside 17, Duval Street, the third door away on the left-hand side from Commercial Street, about 50 yards from the corner. He was coming fawn the court in the middle of the road. There was a light from a public-house at the top and a light just opposite where I was standing. I first told the detective when he spoke to me about 1.30 or 1.45 a.m. on July 2. I told Patchy Macquire. I was at the inquest when Charles Watson gave his evidence. He left me just before 12 sad I was alone when I saw the man and girl. I was sent for by Inspector Wensley to identify the man. I went out into the yard and picked prisoner out from seven or eight others. I don't remember the others had dark moustaches. I am not quite so sure of him tot. I am committed for highway robbery with violence. I have been once convicted.

JOHN CUNNINGHAM . I was employed as paper sorter by the Salvation Army. I knew prisoner as working with me at the Salvation Army in Spa Road, Bermondsey. I knew prisoner by the name of Johnson. We found this knife (produced) on the screen when sorting paper. I believe I was the last who sharpened it; we used it far cutting the strings on the backs of books. I last saw it on July 1. When prisoner left work between one and two p.m. I understood he was not returning. I next saw him at Old Street when I gave evidence. The small blade of the knife was broken when we found it. Another man named Maloney also left the Salvation Army works when he did.

Cross-examined. Prisoner said he was not coming back.

Police-constable HARRY WOODLEY, H Division. I made this plan of the first floor front room, No. 12, Miller's Court, Spitalfields (produced). It is correct. No. 12 is the room—not the house. No. 11 is the ground floor. I have shown the furniture in the room as it was at 4.45 a.m. on July 2. The room is 12 ft. by 12 ft. 2 in. The mantelpiece is about 8 ft. The first floor is the top. There is no gas there. The distance to the Victoria Seamen's Rest, Poplar, is two miles 530 yards, and from Miller's Court to Shoreditch Empire is 920 yards.

Cross-examined. The mantelpiece is opposite the bed. There tone dirty blinds. I do not know about the lamps in Duval street.

HENRY BENSTEAD , labourer. I lived with deceased for five weeks and three days before her death. I last saw her at 9.30 p.m. on July 1 going with another girl to get some ointment in Commercial Street. I gave her a shilling and some coppers. I returned home between 1.15 and 1.30 a.m., and found the room door three parts open. The downstairs door was also open. There was no light in the room, but I could see by the light in the street. I found the girl lying down. I thought she was asleep till I tapped her on the shoulder, when I saw blood on the top of her lip and the side of her neck. I ran down the court and said, "Someone has cut my Kitty's throat." I went to McCarthy's shop and found Jeremiah O'Callighan there, and went to the police station and reported it. I first saw this knife at Commercial Street Police Station. It is not mine or Kitty's. I did not see it in the room. I did not disturb the body.

Cross-examined. She was not earning money of her own, as far as I know. I went out to support her.

JEREMIAH O'CALLIGHAN , stableman, Duval Street In the early morning of July 2, Benstead came to me. I rushed up to his room from what he told me. There was no light there but I could see a little. John Day came up with me and struck a few matches. I sent for two candles when the inspector came. Kitty Noran was lying on her back on the bed. Her eyes were wide open and she appeared to be breathing when I put my face by her mouth. I found this knife on the bed on her left side. It was covered with blood and I put it on the edge of the table. The blood was just drying. I did not disturb the body and waited for the inspector.

Cross-examined. I did not notice candle or matches in the room.

Inspector THOMAS TRAVIS, H Division. At 1.55 a.m., on July 2, I went to the room. Jeremiah O'Callighan was there. I found the body of deceased lying on its back. Her dress was turned up to the neck. The knife was on a towel on the dressing-table at the head of the bed. I took possession of it. There was no sign of a struggle. There were two candles freshly lighted in ornaments on the mantelpiece, and a portion of a candle not lighted in an egg-cup.

Cross-examined. I did not know deceased. I do not think that part of prisoner's statement, I flew in a rage, caught her by the throat, threw her on the bed, and took out my knife," truly represents the murder, as there was no sign of a struggle. She was lying in a position to indicate recent sexual intercourse.

PERCY JOHN CLARKE , divisional surgeon. I was called to the house at the time in question, and found the body lying perfectly flat There were appearances of intercourse having taken place within a couple of hours of my seeing the body. Her clothes were up. I saw the knife, which was covered with dried blood. There was a wound in her throat which had apparently caused death by dividing the large vessels and nerves on the right-hand side of the neck. A good deal of force must have been used because the knife is not at all sharp. Death would be almost immediate. The wound could not have been self-inflicted.

Cross-examined. I did not detect marks of fingers on the throat, The excessive bleeding would have obliterated them. The tongue was between the teeth and the pupils dilated, and at the postmortem examination I found both lungs engorged with blood. That might be caused by blood going into the windpipe on the throat being cut. Strangulation was the more likely cause. If blood went into the windpipe it might cause certain signs of suffocation, but hardly such marked signs as I found.

Re-examined. The signs were consistent with the woman having been strangled with the hand first and then cutting her throat.

Mr. Justice Coleridge: Did you notice anything about the nostrils? (A.) frothy blood exuding from the nostrils. (Q.) What does that point to? (A.) Strangulation or suffocation. (Q.) Rather than death by hemorrhage? (A.) Yes, my lord. (Q.) The tongue between the teeth; does that rather point to death by strangulation or death by hemorrhage? (A.) It was more a sign of strangulation.

JON ABTHUR THOMPSON , porter at Queen Victoria's Seamen's Rest, Poplar. Between four and six o'clock p.m., on. July 1, two beds were booked by Johnson in the names of Johnson and Maloney. I to Johnson in at 1.30 a.m. Maloney did not come in. Johnson did tot sleep there after and I saw nothing more of him. I cannot identify him.

Sergeant SIDNEY RICHARDS, 14 A, Bristol. I was on duty in Bristol on the evening of July 18, when prisoner came up and said his name was Harold Hall and he was wanted in London for the murder of a woman whose name he believed was "Kate Rooney" in a house in a street off Commercial Street, London, at about 12 midnight on July 1. He explained the reason why he thought the name was Rooney—that he had seen an account of the murder in newspaper, but could not give the name or the date of the paper—that he was a labourer it of employment and worked his passage from Spain to Liverpool, and went from there to London as a stowaway, and that sometimes he went by the name of William Johnson. He seemed to have a great load on his mind, so I cautioned him as to the serious charge he was making against himself and told him that what he was saying sight be given in evidence against him. I then asked him if he would like to make a statement. He said he would, and I took down a voluntary statement. This is it (produced). I read it over to him and he signed it. I told him that he would be detained on that statement, and, in consequence of a wire from Scotland Yard the following morning, he was charged on his own confession with the murder' of Kate Rooney and cautioned. The charge was read over to him and he replied, "Yes, sir," and he was taken before the justices on the 19th and handed over to the custody of Detectiveinspector Wensley. (Statement read.) "I, Harry Hall, of no fixed ✗ wish to give myself up for the murder of Kate Rooney," etc.

Cross-examined. Prisoner appeared to be in great trouble and not to have had much rest for some time and not much food. He was not very tidy. His boots were worn and dilapidated.

Detective-inspector WENSLEY, H Division. Soon after two am. On July 2 I went to the top room, 12, Miller's Court, where I saw the body of deceased. Her left hand was under her left hip and when the body was moved a penny dropped from the hand on the bed. The body was searched and a purse found containing 3s. 6d. in silver, 8 1/2 d. in bronze, and the photo of a girl. There were no signs of a struggle. There were then two candles alight and a piece in an egg-cup on the mantelpiece not alight; also some cigarette ash in this. I was at the inquest on July 12, up to which time no one was in custody. I was in (Bristol on the 19th, where I saw prisoner about three p.m. I saw a copy of this statement, which I read. Inspector Hopkins, of Bristol, also gave me some information. I said to prisoner, "We are police officers from London, and we shall arrest you on your own confession for the murder of Kate Koran at 12, Miller's Court on the 2nd of this month." Prisoner replied, "Yes, that is true. I did it, and intended when I came here to act like a man and I mean to see it through." I am reading from my notes. On the way to London prisoner said, "I want to tell you how it all happened." I said, "You must understand that what you tell me must be voluntary and I shall repeat it to the Court." He replied, I want you to. I have not any friends here. Me and my three brothers were sent from Strange ways Workhouse to Canada when we were children, and I have been nearly all over the world. I once went to a brothel with a French woman at Johannesburg and the robbed me of all I had—about £30. I didn't do anything to her, but I made up my mind if it occurred again what I would do. I came to England last October and have been in the Seamen's Hospital suffering from rupture. About six weeks ago I went to work at the Salvation Army Shelter, Spa Road, Bermondsey. While I was there I found the knife I did it with. A man named Cunningham, who worked with me used to use it. The little blade is broken. I left there at two in the afternoon on July 1 and did not intend to go back. I came out of the Empire about twelve o'clock, and a girl came up to me in Commercial Street and I went with her into a room down a court in a street off Commercial Street. There was no light in the room. I took off my jacket and waistcoat and asked her to light the gas. She said there was none. She then asked me to light a candle. I struck a match and just as I was lighting the candle on the mantel-piece, I turned round sharp and saw she had her hand inside my coat pocket. I said, 'Is that your game?' I flew at her in a rage and caught her by the throat, and threw her on the bed and held here there. She never spoke. I took out my knife, which I opened with my teeth, and stuck it into the side of her neck. I then threw the knife on the bed. I was frightened and put on my jacket and waistcoat and came out. There was no one about and I walked to the Sailors' Rest, Limehouse, where I booked a bed in the name of Johnson, and I left there the following day, and have been tramping about ever since." I went to Commercial Street police-station that day when prisoner was charged. He made no reply. The knife was lying on the Inspector's desk, and prisoner said, "That is my

knife." He was searched, but nothing found relating to this case. The case was reported in the newspapers on the morning of July 3, and the inquest opened on the 4th, and was published in the papers on the 5th. The adjourned inquest took place on the 12th and was published on the 13th. There was nothing said in it about the room bill at the top of the house, or about the girl having been strangled, or shout the knife having one blade broken. This passage in the "Morning Advertiser": "The doors of the houses in this court are never locked at night, so that anyone might enter," is the only reference that I know of to the door being open. There was nothing said about there being no gas in the room, or about a candle being found on the mantel-piece, or about the mantel-piece being by the side of the bed.

Cross-examined. I have looked through the newspaper reports with considerable care with the view of ascertaining the facts I have been asked. It was, of course, a good deal discussed, and the representatives of various papers came to inquire. I have in my experience net with bogus confessions. The deceased was a prostitute and her friends are. She mixed with all sorts of characters. We have a good many crimes of violence in the neighbourhood. This is quite a ordinary knife. The inference I drew from the penny in her hand was that she was in the act of robbing someone and I reported ✗the effect that she had been murdered practically in the act or immediately after connection. I was present when Wilkins identified prisoner. I was present at the inquest and heard the evidence of Charles Watson. He said that at 11.45 on the Thursday night he set Alfred Wilkins outside 17, Duval Street—that they were talking, sad he noticed a man standing at the corner of Miller's Court. The then called to identify prisoner failed to do so. My report on the posy incident was sent to the Assistant Commissioner of Police. It was confidential and has not been published.

HARRY WOODLEY , recalled. Since I was in the box I have been to Duval Street and examined the lamps. I have marked them on my plan. There is an electric lamp at the corner of Duval Street and Commercial Street. I have also marked the lodging-house described by Wilkins (No. 17). The plan shows two street lamps in Duval Street, and one on each side of Miller's Court, and one nearly opposite the lodging-house.

Verdict, Guilty.

Sentence, Death.

Reference Number: t19090907-78

BROKENSHIRE, Nicholas (59, solicitor) ; having received the sum of £250 as money for and on behalf of Lewis Charles Walden and Emily Jane Melluish, fraudulently converting the same to his own use end benefit.

Mr. Muir and Mr. Travers Humphreys prosecuted; Mr. Spratling defended.

LEWIS CHARLES WALDEN , 1, Newcastle Street, B. C. In June, 1906, I had £250 to invest on mortgage, which I held jointly with my

sister, Mrs. Melluish, as trustees of my father's will. I knew the defendant as a solicitor practising at Broad Street Avenue, City, and I had an interview with him as to the investment. I think he put the question to me, had I any money for investment. I said "Yes," and on June 4, 1906, I paid him over the £250. This is the receipt, "Received of L. C. Walden, Esq., the sum of £250, the amount of mortgage on 88 and 90, Priory-road, East Ham. "This is the mortgage dated June 30, 1906. I got this letter of August 19, 1907. from the defendant, "Dear Sir,—We have received notice that it is intended to pay off this mortgage in six months' time." I handed back the deeds relating to the security to defendant on January 10, 1906, for him to complete the matter. This is a list of the securities. The reconveyance, signed by myself and sister in defendants presence and dated January 4, 1906, is endorsed on the mortgage Exhibit 5 is a letter from defendant of February, Dear Sir,—Priory Road mortgage: We have not yet parted with this mortgage, as the parties require a few days' grace," etc. "P. S.—I will let you have a cheque for interest in a few days. I hope you are well." I was not aware that the mortgage had been paid off. I shortly afterwards received a cheque for £21 19s. 6d. for the interest. I received a letter from defendant, dated May 14, 1906: "Dear Sir,—Priory Road mortgage: We are pleased to say we shall be able to complete this matter early next week, Tuesday or Wednesday, as the duties will be paid on Monday," etc. I did not understand the part referring to estate duties. He said there were some legal formalities that were not quite complete, or words to that effect, and that was why he could not hand over the cheque. In another letter, dated July 10, defendant said, "I am sorry I was out when you rung up yesterday. I rang you up at 3, but it was your turn to be out," etc. I had telephoned on July 9 asking to see him, as I wanted to know what the delay was with the cheque. On August 1, 1906, I received a letter from defendant, "Dear Sir,—The information you asked for is Mrs. Fanny Harrington and Mrs. Annie Suffield, both of King Street, Stanford-le-Hope, Essex." I did not go or write there. On October 28, 1908, defendant wrote, "Dear Sir,—In reply to your letter of the 26th inst., we are appointing Tuesday next, at 3 o'clock, to complete this matter, and shall be glad if you will attend then and re-execute this conveyance," etc. I did not understand "re-execute the conveyance." I believe I had a letter to postpone the appointment. On November 2, 1906, defendant wrote, "Dear Sir, East Ham. I will call upon you to-morrow about 1.30. "He did not come. I think I say him about that time. Some of the excuses made were that there were some legal technicalities that were not quite completed. I am under the impression the cheque was posted. I got it about that time. It is dated November 11 for £260, payable to myself and sister, and we endorsed it. I believe I handed it to my solicitor and that he paid it in or presented it. I think I was asked to hold it over for three or four days by defendant. On November 14 defendant wrote. "Dear Mr. Walden,-The announcement in enclosed paper, relating to my sad bereavement," etc. That was the reason for holding over the cheque. A little later I handed over the cheque to my solicitors,

Messrs. Langharas, and consulted them. I have not been paid my part of the money.

Cross-examined. I think my solicitors presented it. As I said in my depositions, if prisoner had found me another investment before this I daresay I should have been very pleased. I also said if the cheque had been met there would have been an end of the matter. I had known prisoner for seven or eight years and had one or two gill transactions with him. I had nothing to complain of. I had to do with him in a building society of which I was a director and to which he was solicitor. I think there were six directors. He gave me another mortgage on 58, Adelaide Road, where he lived, and on which I lent £200. It is a fairly nice house, but it will not let or sell. He may have given £375 for it. It is empty—rent £36. If I said in my affidavit before the Law Society that the present utter was the first transaction it could not be correct. I know nothing of this building society cheque in this account for £104 15s. The defendant paid me the interest on the mortgages. The £4 15s. is interest on his own house. In the letter of May 14 defendant said, 'We hope to be able to offer you another security." I did not know that defendant had the £250 or I should have wanted it. I think he asked me if this mortgage were paid off if I would invest again and I task I said yes, if the security was all right. On February 18, 1908. defendant paid me the interest, which was handed to him by the mortgagor. I think he handed me the cheque (£18 3s. 9d.). I should have had a great objection to defendant holding the money. I asked him to pay it over. I do not know that I owed him anything for ✗ I settled up with him I suppose four years ago. I heard to wife was dangerously ill and died on November 10. The building society is wound up—I believe satisfactorily. I do not think we paid him a salary. We did not pay him rent for his office. There were no directors' fees. I noticed defendant was worried. I suppose be would be by his wife's illness. I did not know that his wife was financing him. I thought the money safe at first I never lent him the money. I held the cheque over because he asked me to. I think it was marked, "Refer to drawer." I do not suppose the solicitors would refer to drawer. He issued a writ and charged interest to date of issue. I made up my mind I had been robbed.

Re-examined. I would meet defendant every two or three months, perhaps. He never told me at any of those meetings that he had received the £250.

ERNEST JOHN MARSH (solicitor, 2, Fen Court, E. C.). I acted for the mortgagors on the mortgage of June 30, '06, and my clerk received from defendant £250 on completion, which was held at the bank. On August 12, 1907, I gave notice that the mortgagors intended to pay off. In reply, I received this letter from defendant, of August 29."Walden and another and Harrington, 88 and 90, Priory Road. Referring to your letter of the 17th inst., would your clients desire to pay off at once if our clients are willing to receive their principal?" I replied on September 6, 1907. It was then arranged that payment off should be put off till January 14, when I

attended at defendant's office, and handed him £250 in bank note, which I drew out for the purpose. I got all the deeds with the exception of the mortgage as defendant said it had not been executed, but he would get it executed and let me have it in due course, and I did not at that time pay interest or his costs, but did on January 20 by a cheque for £21 19s. 6d. He acknowledged it on January 24, and said: "I will let you have deed as soon as it is executed." About March or April I received the reconveyance from Messrs. Langhams, unstamped. I put the circumstances before the authorities at Somerset House, and as I had not had the deed in my possession they remitted the penalty. I did not ask for ways of grace for my clients in February, 1908, because I had paid off before then. Referring to Ex. 6, there were no duties to pay, apart from the 1s. 6d., that I know of. I know of no "estate account." I should have thought that meant probate work.

RICHARD SEER , clerk in London and County Bank, 21, Lombard Street. The last witness has an account at our Limehouse branch. He drew out two bank notes on January 14 for £200 and £50, Nos. 12524 and 51199. These are the actual notes.

CHARLES FRANCIS WOODS , cashier, Capital and Counties Bank, Broad Street Place. Defendant had an account at our bank from November, 1905, to the present time. No one else had power to draw on it. I produce a certified extract from June 2, 1906. On June 5, 1906, there was a payment in of cash of £250. On the night of January 13, 1908, there was an overdraw of £5 17s. 8d. At the close of business on November 3, 1908, it was £32 6s. 8d., and on November 11, 17s. 8d. These are the notes that were paid in on June 5, 1906.

Cross-examined. The entries marked "B. L." mean "bill lodged." Defendant had three loans with us. At the end of my examination at the police-court I said defendant left with £650 in our debt. We recovered that. On January 2, 1907, there was an outstanding loan of £100. It was. paid off by a transfer from current account. In the first half year ending December 31, 1906, he passed £1,344 4s. 4d. through the bank bar balance brought forward.

Mr. Justice Coleridge. I do not want to stop you; but how am I to understand what this is directed to? Supposing he passed ten millions through his bank, you have to show that he did not misappropriate the £250.

Mr. Spratling. My point is that it shows he was on good terms with his bank.

Cross-examination (continued). We should probably lend two-thirds on leasehold property. Mrs. Brokenshire has a deposit account at the bank. There is a balance of £35. Money from the defendant's loan account would be put to his current account. I do not think if defendant had seen the manager that he would have arranged to meet the cheque. We have sold some of the properties and have some bank shares left worth about £38. We have some house property of defendants at Southend and Dalston.

Re-examined. The paying-in side of the account for January, 1908, shows £343 5s. 6d. and the paying-out side £113 16s. 9d.—a difference of £229 8s. 9d., so that but for the £250 the account had been overdrawn.

ANNIE SUFFIILD , wife of Robert Suffield. I have never lived at Stanford-le-Hope, Essex, or my mother. A mortgage for £250 was paid off, but I cannot say when. I never asked for time.

MAURICE WARD EVANS , clerk to Messrs. Langhorns, solicitors, Birtlett's Buildings, Holborn. In November, 1908, Mr. Walden consulted us and gave us certain instructions. He handed us tome documents, amongst which was Ex. 8, and one giving the address of tit mortgagors, Mrs. Harrington and Mrs. Suffield. We wrote to their address, but had no reply. On November 28 we wrote to the defendant: "Dear Sir,—88 and 90, Priory Road. Our clients, Mr. Wilden and Mrs. Mellish, have consulted us with reference to your letter. As we cannot understand from your letter why the mortgagors tare not paid off we have written to the mortgagors for an explanation," etc. The reply is dated December 1: "We beg to acknowledge receipt of your letter of the 28th ult.," etc. On December 5 we received a letter from Brokenshire and Co. saying: "Mr. Brokenshire will call upon you on Thursday next to pay off this mortgage." He did not call. On December 5 we paid in a cheque for £260 with receipt. It was returned marked, "Refer to drawer." We then, on instructions, issued a writ against defendant, and obtained judgment, but did not recover under it.

Cross-examined. We did not issue the writ for a considerable time. We did not refer to drawer. The amount on the writ was £261 18s., let £11 18s. over the £250 being for interest. I have no doubt my principals believed that defendant had not the money.

GEORGE INGLIS , Bankruptcy Court messenger. I produce the defendant's file, Frederick Lewis being the petitioner, whose debt was £85 13s. 7d. There was judgment in the Mayor's Court, and the other matter is in reference to a promissory note. No statement of affairs was field. He never surrendered. His public examination was adjourned sine die on March 29, 1909. There is nothing on the file to show the amount of liabilities.

Cross-examined. If there were a certificate of ill-health it would be attached.

Detective-Inspector ERNEST THOMPSON, City police. On August 25 last, I saw defendant in Jersey. I read the warrant to him' for his arrest. He made no reply. He was brought to London and formally charged, but made no reply.

Cross-examined. I searched prisoner and found upon him 2s. 7d. in money, and various articles of wearing apparel in a handbag with him. He had a return ticket.

Prisoners statement before magistrates. "I plead not guilty."

HERBERT BROKENSHIRE , prisoner's son, 13, The Pavement, Lady well. My step-mother has been dead nearly 12 months. My mother died in 1896. My brother is a confectioner of St. Saviour's Road, Jersey, where he has been for six years. My father took a return ticket intending to come back. My father and step-mother lived happily together as far as I know, and he was much cut up on her death, which occurred in Cornwall. He went three or four times to see her. He then seemed to be always moping about, and when she died we had the hardest job possible to get him up in the morning and fit for business in any shape or form. He seemed to want a holiday, and to get right away—in fact, he seemed to be pretty well demented.

Cross-examined. My father is 59. My step-mother went to Cornwall in the beginning of the summer, but I did not take much interest in her doings. I lived at home with them. She always suffered with a weak heart. My father married her about ten years after my mother's death.

Lieut. Colonel CROSSLER, Junior United Service Club. I have known prisoner for five or six years, and my general impression of him is very favourable, but I have not seen him for the last year or so. He is of most regular habits as far as I know, and not addicted to drink.

Cross-examined. I do not know that he was suspended from practice for three months on the report of the Incorporated Law Society on November 4, 1892.

HENRIQUE OPPENHEIMER , M. D., 53, Finsbury Pavement. I have known prisoner for three years or over. I have made a special study of mental diseases, and have written treatises on the subject. He has appeared to be depressed and occasionally stupid.

Mr. Justice Coleridge. Does he know right from wrong? (A.) I cannot answer that in the affirmative or negative, for I have not examined him.

By Mr. Spratling. I have thought him straightforward, but some-what incapable.

Mr. Spratling. I should have liked to put prisoner in the box, but I think having regard to his health, I will not call him. We have a doctor's certificate.

Mr. Justice Coleridge: That is no use unless it is produced.

Mr. Spratling: We cannot find that, my lord.

Verdict, Guilty.

Sentence, 9 months' hard labour.

BEFORE THE RECORDER.

(Tuesday, September 14.)

Reference Number: t19090907-79

CONOLLY, John (30, barman), COSTELLO, James Frederick (26, electrician), and BISHOP, Elizabeth Ann (married woman, formerly licensee of a beerhouse in Whitechapel); Conolly stealing £11 10s., the moneys of James Metcalfe Stansfield, his master Conolly and Costello conspiring and agreeing together in, the said John Conolly offering himself as a, servant to James Metcalfe Stans field, asserting and pretending that he had served in the service of John Carle, in which he had not actually served, and conspiring and agreeing together to cheat and defraud James Metcalfe Stansfield and to steal his moneys; Bishop conspiring with Costello to give false characters concerning him whenever he should offer himself as servant to publicans.

Mr. Bodkin prosecuted.

(Case against Conolly.)

IAMES METCALFE STANSFIELD , licensee, "Fox and Hounds," Put-sey. At the end of July last I was desirous of engaging a barman and answered an advertisement in the "Morning Advertiser" inserted a the name of Frederick Fryer. I saw prisoner and engaged him sad he entered my employment on July 28 at about two o'clock in 1st day. I have one barman, an under barman, and a pot-barman. It was prisoner's duty to go into the bar and attend to customers; also to collect glasses. The house has three compartments, from two of which prisoner would collect glasses. I have a patent till and a gold changer by the side of it in which there is always £15, made up of half-sovereigns and various silver coins. On the evening of Saturday, July 29, I checked the till about 10 minutes to 10. Prisoner was at the time in the bar in his shirt-sleeves and apron. At about 10 o'clock he went to the public side of the bar to collect glasses. I was in the saloon bar and saw him go out, but I could not see the till from where I was standing. To collect the glasses in the other to he would have to go out into the street. Having collected the flutes in the first bar he went out into the street and did not return. He lived in the house, but had very little clothes. His coat was not is his room after he had left, so, presumably, was taken away before had. He left behind a shirt and one or two small items of clothing. His coat would ordinarily be left in the bedroom; the barmen come down in their shirt-sleeves. They supply their own aprons. Immediately after he had left I went to the £15 till and found there was a deficiency of £11 10s. I had no knowledge that he was going. I communicated with the police. On August 10 I saw prisoner close to the Kew Gardens Hotel. He was dressed in the suit he is wearing now and had on a straw hat. I caught hold of him and told him I wanted him for stealing £11 10s. from my till. He said, "It is no good your giving me in charge; I have got no money." I told him I did not intend to let him go and was going to have him arrested.

Detective-constable THOMAS MULLER, V Division. On August 10 I saw prisoner detained at Richmond Police Station and told him the charge. He replied, "I know nothing about the money. The reason I left in the way I did was because I wanted a change." I

conveyed him to Putney Police Station. He had 6s. 9 1/2 d. in money.

DENNIS FUDDE , candidate for the Metropolitan Police. was head barman at the M Fox and Hounds "when prisoner entered Mr. Stansfields service. On the evening of July 31 I saw him go into one of the bars and collect the glasses. He went out into the street, as I thought, to collect the glasses in the other bar, and I did not see him again until he was in custody. Mr. Stansfield afterwards went to the till and missed the money. Any barman could go to the till to get change without attracting attention.

To Prisoner. There were behind the bar at the time one barman, Mr. Stansfield, and Mr. Mathews, the manager.

Prisoner, by way of defence handed in a statement in which he said that he left his situation in the way he did because he thought Mr. Stansfield had found out that he had obtained his situation by a false reference. He denied stealing any money and stated it was almost impossible to take the money without being seen, as there were always two or three people in the bar at that time of night. He expressed an honest belief that Mr. Stansfield had brought this charge against him because he had got away before he could give him in charge for obtaining a situation on a false reference. He wished to add that since he had been in prison his 'home had been broken up; his wife was now lying dangerously ill in hospital and his poor little children had been taken to the workhouse.

Verdict, Guilty.

(Case against Conolly and Costello.)

Mr. Bodkin stated that this indictment was framed under the Servants' Characters Act of 1792, which made it an offence for people to give false characters to those seeking employment or to personate servants who have been in honest employment. The offence was summary, but where, as in the present case, people conspired the offence was indictable.

JAMES METCALFE STANSFIELD , licensee, "Fox and Hounds," Put-ney. On July 26 I saw in the "Morning Advertiser" of that date this advertisement: "As Barman. Age 23; experienced; good personal references; not afraid of work; used to early rising and quick counter trade. Can come in at once; distance no object. Direct F 313, Kingsland Road, N. In reply I wrote, "Fox and Hounds, Upper Richmond Road. Putney. In reply to your advertisement please call here as soon as possible, and oblige (signed) J. M. Stansfield. Prisoner Conolly called upon me with the postcard the same day. He gave the name of "Fred Fryer." I noted it down on the post-card as it now appears. I asked him where he was last employed. He replied at Mr. Curie's, "Duke of Cornwall," Battersea. I noted that down and also that he had left Mr. Curie's employment the same day and had been there three months. Thereupon I wrote a letter 'to Mr. Curie, and in reply received a letter stating that the man he had employed was named Albert Fryer, who had been with him nine weeks and could do his work satisfactorily, but gave him notice

because he (Mr. Curle) objected to him constantly drinking with customers and when collecting glasses constantly asking customers to call for drinks for him. I believed that the man Conolly, who called upon me was the Fryer who had been in Curie's employment. I engaged him and he came into my service on July 28. On July 31 he left suddenly without giving notice, in his shirt-sleeves and apron. Shortly before he left I checked the change till and found £15 on it. A few minutes after he had left I checked it again and found £3 10s. on it. I saw nothing more of prisoner Conolly until August 10, then I happened to meet him at Kew. I communicated with the police and left the matter in the hands of Detective Muller. Amongst other places I went with him to 21, De Beauvoir Road, Kingsland, there I saw prisoner Costello. I had no conversation with him, but simply looked at him to see if I could recognise him. The visit was paid about one o'clock in the morning. Costello was in his nightshirt in bed.

JOHN CURLE , licensee of the "Duke of Cornwall," Battersea, said neither of the prisoner had been in his employment. A man named Albert Fryer was in his employment for about nine weeks. He Received prosecutor's letter three or four days after Fryer hadleft.

ALBERT EDWARD FRYER , formerly in the employ of last witness, and now barman at the "Green Dragon," Wells Street, Hackney, gave evidence that he did not know either of the prisoners.

FREDERICK DAVIS , 313, Kingsland Road, electrical engineer. I formerly lived at 21, De Beauvoir Road. I there got acquainted with Costello. We both lodged there. In June I removed to Kingsland Bead. I remember in the month of July having a conversation with Costello. He called on me and asked me if he could have letters addressed there, and stated that he was advertising in the "Morning Advertiser" for a situation as barman. He said the letters would come under the initial "F." but I did not take much notice at the tine. I did not ask him why he did not wish to have the letters sent to De Beauvoir Road. I did not ask him who "F." was. This conversation took place about a fortnight before Bank Holiday. About half-a-dozen letters and postcards came addressed "F." about midday on Monday, July 26. As I was coming out I met Costello and Med the letters to him. I met him again on the following Wednesday in Downham Road. He asked me if there were any more letters, and I told him no. I have not seen him since until this case.

Detective THOMAS MULLIR, V Division. On August 15 I went to 21. De Beauvoir Road. I was directed to a room on the first floor and there saw prisoner, Costello, with his legs out of the window, king on the window-sill. I said to him "James Costello, I am a police officer, and hold a warrant for your arrest." He replied, using a foul expression, "Not this time," and dropped about 16 ft. into the back yard. When I arrived at the house he was standing close by the front window, and there are doors dividing the front room from the back. I also dropped into the back yard and followed the prisoner over the garden wall into the back garden of No. 23, through the back door of No. 23, and up three flights of stairs, where he got inside the

pantry door and locked himself in. As I was in the act of forcing the door he said, "All right, I will come out." He accordingly came out. I said to him, "I am Detective Muller, from Putney, and hold a warrant for your arrest, which I will read to you at Dalston Lane Police Station, where we are now going." At the station I read the warrant charging him with conspiracy to defraud and conspiracy to give false characters. With foul expressions he said, "Who's Conolly, who's Curie, who's Metcalfe?" I subsequently conveyed him to Putney Police Station, where he was charged, and made no reply. On August 18 I found Conolly at the back of the South-Western Police Court, where he was already in custody on the charge of larceny. Costello was present. I said to Conolly, "You are now going to we further charged with conspiring with James Costello to offer yourself to James Metcalfe Stansfield, pretending that you had served with Curie, of the "Duke of Cornwall Hotel," with whom you had not actually served." Conolly replied," I do not know Costello. "Costello replied, "I do not know Conolly."

(Defence.)

JOHN CONOLLY (prisoner, on oath). I did not get from Costello the postcard which I presented to Mr. Stansneld, but I got it from a man named Rogers, who lives at Battersea, and gave me the particulars of Fred Fryer. Rogers asked me if I was doing any work, and I answered "No." "Well," he said, "here is a postcard here; you can go after the job." He gave me the card, and I went to see Mr. Stansfield, and was engaged. I did not insert the advertisement, and do not know anything about it. Occasionally I advertise, but did not do so on that day. I do not know Mr. Davis.

Cross-examined. I am a barman, and before I went to Mr. Stansfield I was last employed in a club at Birmingham. That was last February. In the interval I was trying for a situation, and doing anything I could. My wife was doing a bit of work; she is a barmaid. I met Rogers in the Uxbridge Road, Shepherd's Bush, not far from where I was living. Knowing me as a casual acquaintance, he came up to me and asked me if I was doing any work or had any luck, and I said no. He was also looking for work; he is a potman and barman as far as I know, and lives in Battersea. He did not tell me who gave him the postcard. I did not agree at once to personate Fryer; I bad not thought it over. I went to see Mr. Stansfield the same evening; I was out of work; I had to do something. Mr. Stansfield never spoke to me about collecting glasses; that is not a barman's duty at all. On the evening I left I did not collect any glasses at all; I simply walked straight out. Rogers did not go after the situation himself, because he wanted a potman and barman's job as he did not want to be behind the bar all day. I did not ask him how the post-card had come from the other side of London; it is common in our line to give away postcards to people out of work. It is not also the practice to personate people, but it is sometimes done. I did not

take away my coat the night I left; I left it upstairs in the bedroom with two pairs of trousers, two shirts, collars, one apron, a pair of canvas boots, a hard hat, and a bag. I did not have anybody outside with my coat. I know the "Rising Sun," Willesden Green. I was employed there one week. I have been to situations in different guiles, but I generally work in the name of Collins; that is my name in the line. I give the name of Conolly now, because that is my proper name. This is the first moment I have mentioned Rogers. I did not tell this story to the magistrate because I reserved my defence.

JAMES FREDERICK COSTELLO (prisoner, on oath). By occupation I am a cellarman. I inserted the advertisement in question. I went to the office of the "Morning Advertiser" on Sunday evening, July 25, and the advertisment appeared on the following day. The office is open on Sundays for two hours, 6 p.m. to 8 p.m. I used the letter "F" as that is the initial of my second name. I asked permission to use Davis's address, because when I had previously advertised from my own address I got no replies, and I thought the address was unlucky. I had four replies to this advertisement; one I tore up as no good, it being from an agency in the Strand; one was from the "Fox and Hounds," Putney, and another from Poplar. Those I gave away to another barman named Frank Cole in High Street, Shore-ditch. I think he is in court; I asked him to come as a witness. I do not know Rogers.

Cross-examined. I do not know Fryer at all. I intended the "F" to refer to myself. I hold myself out by that advertisement as a respectable person; I have not been proved otherwise yet. I knew it was an offence to give a false reference; I did not give any. I was not convicted in October, 1900, at Westminster Police-Court of giving a Mae reference to Albert William Norris, and fined £15. I should save been only sixteen years old then; I was not in employment at the time. (Mr. Bodkin then put to prisoner a list of eight situations in which he had been, staying at the longest five weeks, and in one instance only a couple of days, between April, 1908, and July, 1909.) I can give no explanation of how the postcard from Mr. Stansfield got into the hands of Conolly, but I suppose Frank Cole gave it to somebody else. To-day is the first time I have mentioned Frank Cole, bat I was not allowed to speak at the police-court.

FRANK COLE , barman, Eagle Wharf Road, Islington. On Monday, July 26, prisoner Costello gave me three letters. If the postcard produced is one of them it has been altered. It was then addressed "F." (Mr. Stansfield added the name of "Fryer" when Conolly called upon him.) When Costello met me he asked me if the card was of any use to me; otherwise he was going to destroy it. I told him the letters were of no use to me, but might be useful to somebody else. I gave them away afterwards to a barman in Fleet Street, whose name I do not know. I met him in the "Morning Advertiser" office and gave them to him.

Cross-examined. After meeting Costello in Sboreditch I walked to Fleet Street. I generally walk up there when I have nothing to do, as I meet people there I know. I have seen the barman I gave the letters to several times since in different places. To my knowledge I do not know a man named Rogers. I have seen Conolly about when I have been applying for situations. I have never spoken to him in my life. I did not hear anybody mention the name of "Fryer" in connection with these letters. I have never heard the name of "Fryer" as a barman. There was nothing on the postcard to indicate that it referred to "Fryer' It was simply addressed "F." I cannot explain how it is that with a card passing from hind to hand like that, the one producing it to Mr. Stansfield should give the name of Fryer, which is the name of an actual barman who had been in the employ of Mr. Curie. I consider it an improper thing for a barman out of a situation, and who has not a character, to personate another barman who has got a character. I should not do such a thing myself. I know the penalty.

Verdict, Both guilty.

(Case against Costello and Bishop.)

HENRY WEIDNER , High Constable, Tower Division. I produce the register book of the division, which contains the name of the "George and Dragon" beerhouse, 3, Church Lane, Whitechapel. It is a small house at the corner of Spectacle Alley, and, according to my entry, the licensee was prisoner Bishop, who is the wife of Albert Bishop, from December, 1905, to June 21 last. I have been high constable for about two years. I was before that police inspector of the division from 1896, and used to visit the house in that capacity. I have never seen Costello there to my knowledge. Sometimes I saw Bishop himself, sometimes Mrs. Bishop, and there was a young person behind the bar; I cannot say who he was. The Bishops afterwards kept the "Green Man," James Street, St. George's-in-the-East. On June 21 notices were served for the transfer of the license of that house to prisoner Bishop; the application was adjourned to July 26, and further adjourned to the 27th of the present month, but I understand that notice of with drawal has since been received.

ALFRED CHARLES TIBBITTS , licensee, "Durham Arms," Hackney Road. In April of last year I advertised for a barman, and prisoner Costello called upon me. I asked him if he had been in any previous employment, and he said he had been eleven months with Mr. Bishop at the "George and Dragon," Church Lane, Whitechapel. He said he left because the son was going to take his place. I cannot quite recollect when he said he had left, but it was quite recently, I know within a week or two. I went to the "George and Dragon" and saw Mrs. Bishop. I asked for Mr. Bishop first, and she said that he was lying down, so I told her what I had come about, and asked her if she could give me all the information I wanted, and she said yes. I asked her how long Costello had been with her. She said he had been a very good man, and had been there eleven months; he was sober

and honest, and she had left him in charge of the business, and had always found everything all right. That was an excellent character—all that I wanted in a barman. I know I asked as to when he had left, bat I cannot tell you what she said now; I know it was recent; it would be the same as prisoner had told me. If she had said it was twelve months before I should not, of course, have attached much importance to it. The reason she pave for him leaving was that her ✗ had fallen out of work, and she could not afford to keep him at home doing nothing, so he was going to take up the situation. She said prisoner had been in her employment for eleven months. After hearing her I engaged Costello. He came to live in the house on April 14, 1908, and remained one week, leaving on the 21st. As to how he came to leave, one of my rules is that I do not allow any making behind the bar, and I caught him myself having two drinks of spirits, for which he did not put any money into the till. I did not say anything to him at the time, as this was Sunday evening, and next day being Easter Monday, it was a bit awkward, but I did not are him in the bar alone afterwards, and on the Tuesday morning I called him in, paid him off, told him the reason Why, and he admitted it. He came into the house once drunk after that and I ordered him out. From what I saw of him I do not consider that he deserved the character given him by Mrs. Bishop of being a sober man amongst other things. When a reference is given by a barman it is usual for a licensed victualler to make personal inquiries, so as to be quite sure, as anybody might write a letter. The points upon which information is required are as to applicants sobriety and honesty, whether he keeps his time well, keeps the bar clean; if you got a good reference you would probably not trouble about how long he win his last place, and Mrs. Bishop having stated that prisoner had been with her for eleven months, I thought that was good enough and did not bother about why he left.

Similar evidence as to the characters consecutively given of Costello by prisoner Bishop was given by HERBERT CHARLES WRIGGLESWORTH, "Sun," Drury Lane; WALTER WRIGHT, in the employ of Mr. George Allen, licensee of the "Lord Nelson"; SIDNEY POSNER, manager, "Belvedere," Pentonville; JOHN JAMES MARTIN, licensee, 'Kenilworth Castle," New North Road; ALBERT BOUSDEN, employed by Mrs. Mead, licensee of the "Marlborough," and NORMAN RICE, son of David Wm. Rice, "Park Tavern," Merton Road, Wandsworth.

(Wednesday, September 15.)

Further evidence of the same character was given by FRANCIS JAMES GIBES, licensee, the "Plough," Stockwell, and ERNEST WIL. LIAN BOND, licensee, the "Cock," Charlton Street, St. Pancras.

Detective sergeant FRANK PAGE, Y Division. On June 22 last, at 12.30 p.m., I went to the "Cock" Tavern in Charlton Street with a warrant for the arrest of Costello. He was behind the bar serving in apron and shirt-sleeves. Mr. Bond called him out and took him into a room. I then told him I had a warrant for his arrest, which

I read to him. He said, Yes. I have had several situations but I have always gone bark to the Bishops. I went because he'(Mr. Bishop) Was ill." He also said, "A mistake has been made, because I have been mistaken for somebody else." I told him he would have to come with me and had better go and put on his jacket. After he got upstairs he took his waistcoat off and threw it down on the bed. 1 picked it up. He said, "You will find nothing in there. "I searched the pockets and in the right hand waistcoat pocket I found three sixpences. He afterwards made some observation about having gone to the barber's to get change during the morning. He told me at first he had nothing in the pockets. I took him to the station, where he was charged with conspiring with the Bishops. In reply he said, "I want to know the name of the prosecutor, because this is not a false character." The same evening I went down to the "Green Man in James Street, where I saw Mr. and Mrs. Bishop. I had summonses for them both for being concerned with Costello. I told Mr. Bishop I had a summons for his attendance at the police-court. In the presence of his wife he said, "I am only the potman." Bishop was found to be so ill that the summons against him was not proceeded with. He also said, "My wife does all the business. I refer people to her. Costello has been in our employ for about two years, except when he came when I was ill." I also read the summons to the woman and served it. She said, "Would not you do a turn for a fellow you had known for such a long time."

Prisoner Bishop: The officer has made a mistake. My husband said he was not as good as a potman there; he had nothing to do with the business and I told the officer it was not a false character. I said, "Costello has been with me so long that I always send for him when I want him."

(Defence.)

JAMES COSTELLO (prisoner, on oath). I have been in Mrs. Bishop's employment about six and a half years, ever since 1901. I was first employed by her at the "Golden Quoit," Angel Lane, Stratford. I was with her there for two and a half years until she sold the house. Then I went with her to the "Warrior," a beerhouse in Commercial Road, and was with her eighteen months or two years, until she sold the house. Some time afterwards she went to the "George and Dragon," Church Lane. I was with her there the first time about twelve months. Then I had a bit of a quarrel with Mr. Bishop and left; there was no actual quarrel, but he was not quite in his right mind. After being in one or two situations I went back there again. Then I was taken queer myself and was in the Great Northern Hospital, Holloway Road, about seven months. After that I stayed at the "George and Dragon" until April, 1908. Then I was in one or two situations, but only stayed a short time. I went back to Mrs. Bishop again last August and stayed until January. I have been with her on and off ever since, owing to Mr. Bishop's bad health. Young Bishop was not able to do it all himself when Mrs. Bishop was queer; she suffered from bad legs.

Cross-examined. I was barman at the "George and Dragon"; I was single handed; I was anything. Occasionally I lived in. I had the option of sleeping out if I liked. I went to live at De Beauvoir gold about two years ago—that would be about September, 1907. I have been married five or six years and have children. My family have been living continuously at De Beauvoir Road for two years. In April. 1908, I went to the "Durham Arms," probably about a week after I left the "George and Dragon. "I was not discharged from thus for drunkenness or for taking my master's liquor and drinking it without paying for it; I gave him notice and he told me I could go at once. I drank the liquor behind the bar instead of taking it outside; I refused to take it outside. Mr. Tibbitts did not give me that reason for discharging me at the time; he said I did not suit him. It is true I had a drink, but it was an allowance. It was against the rules to drink it behind the bar, but not to my knowledge it the time; he had not told me. There was no stealing about it; I drank it in the bar instead of taking it outside. I did not think that was anything against my character. I went back to Mrs. Bishop before I went to Mr. Wrigglesworth. I did not mention that, or that I had been at the "Durham Arms." I left Mr. Wrigglesworth alter 13 days. I next went to the "Lord Nelson." I did not mention there that I had been with Mr. Wrigglesworth; the reference was too short to mention. Nobody without a six months' reference need apply. I left the "Lord Nelson" in July and. went back to Mrs. Bishop and stayed there till January. The next house I went to was the "Belvedere." I stayed there two days and was then discharged. The reason given was that I was drunk behind the bar; to the witness Posner said. I always went back to Mrs. Bishop after I had been in a station, but she did not know I had been in these places; that is why the spoke for me again. I had been with Mrs. Bishop for the period I stated, 18 months or two years. I do not see how you can make out that is a false character or false statement Nobody asked me for any dates and I gave none.

Prisoner Bishop handed in a statement, in which she contended that it was the duty of Costello's numerous employers to inform her that he was no longer in their employ, as she understood him to be, and atop her from giving other references. She had been kept in the dark all through the piece. Costello had been in her employ for years, and had always behaved himself, and when she had had trouble with her husband, or her own legs were very bad—from which she was a great sufferer—she always sent for Costello as she could rely on him, as though he was her own son. She could only speak as she found; he had always done his duty towards her, and she thought it very wrong to condemn him, as not one of his employers had let her know a word of his character with them.

ANNIE CHESHIRE , wife of a drayman, 115, Lucas Street, Cable Street, E., spoke to having seen prisoner Costello working for Mrs. Bishop, both at the "Warrior" and "George and Dragon," when she went to do Mrs. Bishop's cooking; also to Mrs. Bishop's son having latterly come to assist his mother.

Prisoner Bishop further said her son was a fretworker, and did not like the business, and did not draw half-pint of beer if he could help it. When Mann, Crossman and Co. opened a rival house against her, her business failed, and she lost her trade, and lost almost everything. As to Costello, she thought she was only doing her duty in giving him a reference, and doing no harm to herself or anyone else Verdict, Both guilty.

Mr. Bodkin stated that this prosecution had been taken up by the Licensed Victuallers' Central Protection Board as a matter which affected the trade. Nothing was more mischievous to licensed victuallers than to have barmen of disreputable character in their employment. Costello having denied that he had been convicted of obtaining a situation by means of a false character, he produced the certificate of the conviction of "James Costello" before Mr. Horace Smith, dated October 3, 1900. Every inquiry had been made, but owing to nine years having elapsed the identity of prisoner with the man convicted could not be established. As to prisoner Bishop it was not necessary under the Act to show pecuniary motive, and that was not suggested against her, and if such a course could be taken as to make it quite clear that licensed victuallers are under an obligation by statute to give true characters, the prosecution, so far as Mrs. Bishop was concerned, would be content.

The Recorder said he thought he might properly release Bishop upon recognisances, as he did not think she had been party to any frauds.

Detective MULLER proved a previous conviction against Conolly at Clerkenwell Police Court of obtaining a situation by a false character. He had asked both prisoners if they could give references to people by whom they had been employed, and both said they could not.

Sentences, Conolly, 20 months', imprisonment for felony, and 12 months for conspiracy, to run concurrently; Costello, 18 months' hard labour for conspiracy to defraud, conspiracy to steal, and conspiracy to obtain false characters; Bishop released on her own recognisances in the sum of £50 to come up for judgment if called upon.

BEFORE THE COMMON SERJEANT.

(Tuesday, September 14.)

Reference Number: t19090907-80

SWELL, Harry Oliver (31, newsagent) ; attempting to carnally know Mirian Green, a girl under the age of 13 years. Verdict, Guilty of indecent assault.

Sentence, Two months' hard labour.

Reference Number: t19090907-81

O'NEIL, John, otherwise John Donovan (27, weightlifter) ; stealing one watch and one chain, the goods of Thomas Albinus Thomson, from his person.

Mr. F. J. Green prosecuted.

police-constable WALTER IRAVIS, 876, City. On Saturday, August 7, 1909, at 11.20 p.m. I was in the Minories, and received a communication and went into George Street, where I saw three men round another man. On my approach the three walked away into Jewry Street. As soon as they turned the corner I ran and got within 20 yards of them, when prisoner (who was one of the three) took off his Panama hat, rolled it up, and put it in the top of his towers. When they saw me close to them they ran. I gave the alarm by blowing my whistle, gave chase, and caught prisoner at the up of Jewry Street, He wrested himself away and ran about 30 yards into Aldgate. As I got up with him he threw watch and chain produced in front of him along the footway. I arrested him, picked up the watch and chain, took him to the station, and he was charged, on the way he said, "I am not the man." At the station he said he was a friend of the man who had lost the watch and chain and asked to see the prosecutor. Prosecutor was brought in and did not know the prisoner. Prosecutor was drunk. Cross-examined. I was in the Minories about two yards from George Street, when I was informed a crime was being committed. The three men were round the prosecutor opposite the "Grapes "public-house, about 30 yards from me. Jewry Street is a long street prisoner ran when he was 20 yards from the top. When I seized the prisoner in Aldgate the watch was about 10 yards in front of him. prosecutor did not say at the station that prisoner was not the man; he said he did not know him. When I arrested prisoner I did not take him back to the prosecutor—it was quite sufficient for me to arrest him when I saw him run and throw the watch and chain away. I picked the watch and chain off a glass light in the pavement THOMAS ALBINUS THOMSON, nurseryman, Waltham Cross. On Saturday August 7, at 11 p.m. I was near the Tower. I do not remember clearly what happened. The buttonhole of my waistcoat was torn and my WATCH and chain, which are those produced, gone. I saw prisoner a the station. He is not a friend of mine.

FREDERICK ALFRED GOODCHILD , 12, Cooper's Row, lighterman. On August 7 I was in Jewry Street, looking down George Street, when I saw five men, who appeared to be struggling. Three of them came towards me into Jewry Street. The constable followed, and when they saw him they all ran away. The constable caught the prisoner, who got away, ran into Aldgate, and was again caught. Just before that I saw prisoner throw a watch and chain along the pavement, which the constable picked up.

Cross-examined. There were only five men collected in a bunch in George Street; the prisoner and the other two all ran together. I did not see anything in prisoner's hand. I was about four yards away when prisoner was seized in Aldgate. The constable blew his whistle, and about 80 or 100 people collected. The constable seized prisoner and then stooped and picked up the watch. I am certain it was not Picked up by any one else. The prosecutor did not accuse the prisoner.

DENNIS NEWTON , 20, Minories. On August 7, at 11 p.m., I was with the last witness when I saw a scuffle going on in front of the "Grapes" public-house, George Street. Three men, of whom the prisoner was one, walked away from the fourth man towards Jewry Street. They made a remark, "If it is going to be a fight, let us stick together." Just then the policeman came down George Street, and someone said." That is the man, with the Panama." The three of them ran up Jewry Street with the policeman after them. The prisoner turned to the left into Aldgate, the other two running the other way. The policeman arrested prisoner, and as he seized him prisoner slid the watch and chain from him along the footpath, which the officer picked up.

Cross-examined. Prisoner was a few inches from the other men. I saw the officer grasp him twice—the first time by the right shoulder. The watch and chain might have been four feet ahead when prisoner was seized, and the officer picked it up.

(Defence.)

JOHN O'NEIL (prisoner, on oath). On the night of August 7, when this crime was committed, I was in the "Grapes" public-house. There were several men outside, and when I came outside I saw the prosecutor with several others. I saw no police-officer there, so I had nothing to run away from. I turned round into Jewry Street to take a 'bus to the "Abbey Arms "near where I live. I got about 20 or 30 yards up the street, or just about 90 or 100 yards from the "Grapes," when I found some other men were running up the street behind me. I happened to run a few yards, and when I got to the corner the officer arrested me. I said, "You have made a mistake, governor. I have not done anything, I am catching a 'bus." He said, "All right, come to the station." I go to the station, and he there charges me with stealing this watch and chain. Of course, when I asked to have the proper man brought up to prosecute me, he said, "All right." Then after a lot of trouble he brought the prosecutor in, and asked the prosecutor whether I stole his watch or not. The man turned round and said, "No, I have never seen the man before in my life." Then they charged me with stealing the mans watch which, of course, I know nothing at all about. I did not have the watch and chain, and it was not found on my person. The watch and chain were picked up ten yards from me. One of the witnesses said it was picked up on the pavement, and another said on the road. One says it was ten yards away, and the other three or four feet. One says it was on the kerb, and another on a foot-light. The officer says, I threw it 20 yards away. Another witness says that the watch was against my feet.

Verdict, Guilty.

Prisoner confessed to having been convicted at this court on March 6, 1905, in the name of John Donovan, receiving five years' penal servitude for larceny from a jeweller'-shop. Other convictions proved: October 12,1897, bound over for stealing a coat; December

19,1897, North London Sessions, nine months for shop-breaking; April 6,1901, Thames Police Court, one month for stealing a watch; May 13, 1902, North London Sessions, 20 months for assault and robbery. The last conviction expires March 5, 1910. Sentience, Five years' penal servitude.

BEFORE JUDGE LUMLEY SMITH.

(Tuesday September 14.)

Reference Number: t19090907-82

BRIZZIE, Antonio (22, porter), and DYER, John (22, labourer) ; both feloniously causing grievous bodily harm to James Carey; Brizzie assaulting George Harris, a peace officer in the execution of his duty; Dyer assaulting William Griffin, a peace officer, in the execution of his duty; Dyer feloniously causing grievous bodily harm to Frederick Fisher.

Mr. Travers Humphreys prosecuted; Mr. Bickmore defended Dyer. FREDERICK FISHER, 13, Windmill Street, W. C. I have known Brizzie for five years. I knew Dyer only about three weeks before August 2. On that evening I was with Charles Milman in Denmark Street. I saw both prisoners there. Dyer asked me for a piece of silver. I refused. I said I had not got any; with that I was knocked down from the back. I got up again, and I was struck and knocked on the ground a second time by Brizzie. While on the ground I was kicked in the eye. I did not see who did it. I do not know who struck the first blow on the back of my head. When I got up I was struck again by Dyer on the shoulder. On the second occasion (Brizzie knocked me down. I was knocked down twice. I do not know who knocked me down the first time. Brizzie knocked me down the second time. Dyer never knocked me down. Dyer kicked as in the eye when I was on the ground. Nothing else happened then. A police whistle was blown. Prisoners ran, and I was taken away by a friend. While this assault was going on Milman was being attacked. I did not see what happened to him. He was away when I got up. I had to go to Middlesex Hospital. I next saw prisoners at Bow Street Police Station. I charged Dyer with assault, for the kick in the eye.

Cross-examined by Mr. Bickmore. When I was struck on the head and knocked down I was not talking to Dyer, or he to me. I am not a commission agent, and do not do betting. I first met Milman on this evening coming into Denmark Street from Charing Cross Road. He did not tell me of any previous quarrel which he had that night. I dmit I had a few drinks that day, only four ale. Dyer had never asked me before for a piece of silver. It is very common amongst our class to ask one another for pieces of silver. Brizzie had asked me more than once for silver. Milman is a friend of mine; he is straightforward. 1 would accept what he says. When we went into Denmark street Dyer was talking to another man, not Brizzie. Neither Milran nor I spoke to Dyer and the other man. Dyer spoke to me; he

asked for silver, that is all. I refused. I could not pass along; I was struck on the head. I could not say who struck that blow. I was struck with the fist. A crowd of 20 or 30 collected. I was not on the ground two minutes. Up to the time that Brizzie knocked me down Dyer had not struck me. Dyer kicked me in the eye. I could not be perfectly certain who kicked me.

Cross-examined by Brizzie. I first came along Denmark Street between 9 and 9.30. At 9 I was in Greek Street. At 12 o'clock I was at home, and at half-past I was not at the coffee-stall. When I first came along Denmark-street and met Dyer he was not along with you. Dyer first stopped me. You were with two or three other people. You were across the road away from Dyer. He knocked me down. You ran over then. You started on Milman. I admit you were there then. I do not know that you had had a row with Milman. You left Milman alone after you set about him. I was standing up then. I was not knocked down till you came up. You did not strike me in the eye. Very likely you had a fight with Milman. Then you had a fight with me. You did not strike me in the eye and knock me to the ground; it was Dyer. I did not say to you, "What is this for, By field." I swear I never came into the "Lion "with Milman and a mob of bookmakers at a quarter-past nine; I was not there at all. I never went with Milman down Lloyd's Court after I left Denmark Street. I went home. I never came baok.

CHARLES MILMAN , 11, Buckingham Street, Portland Road, commission agent. I know last witness. I saw both prisoners on August 2. As I was walking through Denmark Street, Brizzie said something to me, I did not catch what it was. I turned back again to cross Charing Cross Road. I met Fisher; he asked me to go for a walk. We went through Denmark Street again. Brizzie asked Fisher for something. I could not say what he asked for. He set about Fisher. I tried to stop them. Dyer got hold of me by the collar and pulled me away. Brizzie punched him left and right. Dyer held me by the collar, and pulled me away. He said, "Don't two set on to one." It was nothing of the kind. I see Fisher on the ground. I suppose he was knocked unconscious. Brizzie came for me, and set about me. He said something to me: I stopped and answered him back: he claimed me by the collar, put his head right in my face, and pushed me away. I was unconscious then. Brizzie kicked me on my privates. I did not see anybody kick Fisher. I was picked up and taken away by some strangers.

Cross-examined by Brizzie. You first met me in Denmark Street between 9 and 9.30; you were then with Dyer. You were leaning on a lamppost. You said something to me. I turned back again, and you said something else. With that you set about me left and right. I walked across Charing Cross Road, and happened to meet a friend coming across there. He says, "Coming for a walk." I never mentioned anything about the trouble: I said, "Yes." As we were going through Denmark Street, you asked something: I do not know what it was. You set about Fisher left and right. I did not set about

you started on Fisher first. I didn't shout out, "There he is." I did not say you punched him in the eye. I went into no public-house. I knew you were in "The White Lion." Fisher was not then with time.

James CARET, Hopkin Street, Golden Square, commission agent. On August 3 at 2.30 I was in Stacey Street, doing street betting. I know Brizzie. I only knew Dyer by sight. I was listening to the organ playing, and watching people dancing. I looked round, and saw Brizzie with a knife half way out of his pocket. He said to me, "you had a lot to say last night, have you anything to say now." I said, "I did not have nothing to say last night." With that he palled something out of his pocket, and hit me on the head with it. It was the piece of gaspipe produced. I fell into the corner of the wall unconscious. I was taken to the hospital. The knife produced is the one I saw. When I regained consciousness Brizzie had gone away. While Brizzie was attacking me Dyer was in the street. Dyer had a stick in his hand. It resembled the one produced. I was kept about a quarter of an hour at Middlesex Hospital, then I went to Bow Street Police Station. Both prisoners were there then. I charged Brizzie with assault.

Cross-examined by Mr. Bickmore. I had no conversation with Dyer on the 3rd. He never touched me.

Cross-examined by Brizzie. I never saw any row at the coffee stall I was not with you there. I saw several fights, but took no part in it. I did not see you fight. Milman was not at the coffee stall. Fisher was not with me. I never struck you. I don't know that one of my touts gave you up; no one told me. I did not see you come along Stacey Street. You came right in front of me. I don't know where you came from.

Police-constable GRIFFIN, 173 E. At 2.30 p.m. on August 3 I was given information and went after the prisoners. I came across them in Neal's Yard, about 10 minutes' walk from Stacey Street. I spoke to Brizzie first. I told him I believed he had a knife up his sleeve with which he intended to do somebody some grievous harm. He said he had nothing. I then caught hold of his arm and felt the knife. He pulled it out of his sleeve and said, "If you don't leave go of me I will stick it through you." This is the knife. I straggled with him, got the knife away, and threw it to a boy in the crowd. I blew my whistle. Constable Harris came up. While we were struggling on the ground Brizzie kicked Harris in the aide of the face. A lump of iron fell from Brizzie's clothes. Dyer knocked my helmet off with a stick of some description and then struck me in the face with his fist. I tried to get at him, but he was hustled way by the crowd. Brizzie was taken to the station. On the way I saw Dyer and arrested him.

Cross-examined by Mr. Bickmore. Neal's Yard, at the place where this occurred, would be about three yards wide. I should think there was 200 or 300 people there. There would be difficulty in people reaching me. It was a hostile crowd. Dyer had not a stick

when I arrested him. I said before the Magistrate that whilst I was struggling with Brizzie, Dyer struck at me with a stick.

Police-constable GEORGE HARRIS, 165 E. I saw Constable Griffin struggling with Brizzie. I went to his assistance. Brizzie kicked me on the right temple. It did not do me much injury.

Cross-examined by Mr. Bickmore. I made no complaint about Dyer. I did not see him do anything.

Cross-examined by Brizzie. When I came up you were standing against the wall. You were on the ground when you kicked me.

Police-constable EDWARDS, 149 E. I heard a police whistle and went to Neal's Yard. Brizzie was lying on the ground. Police-con-stable Griffin was holding him down, leaning over his head. Policeconstable Harris was holding his feet down. I saw Dyer hit Policeconstable Griffen with a stick and knock his helmet off. It was a long stick with a piece of lead on the end. Dyer struck him on the side of his face with his fist after the helmet was off. I believe Dyer's wife handed the stick to the police.

Cross-examined by Mr. Bickmore. I was five or six feet away from Brizzie and Griffin when Dyer struck the latter. I said at the police-station it was half a dozen yards. I wish to correct that. The crowd was very hostile. I had great difficulty in getting to Griffin and Brizzie. I am certain this is the stick Dyer struck Griffin with. We looked at Griffin's helmet in the station; there was no mark. It is a dangerous weapon for a powerful man to use. I was not at the arrest of Dyer; the two officers were very exhausted and I paid my attention to Brizzie.

Gross-examined by Brizzie. I came on the scene alone. Griffin and Harris were holding you down, Griffin your head and Harris your legs. Just as I got there Dyer struck Griffin on the head with his stick. I did not see you strike either of them. After I heard the whistle I should think it would be less than two minutes before I got there. I do not say you were standing up when I got there.

Inspector CHARLES RICHARDSON. I was in charge of Bow Street Police Station about 3.15 on August 3, when Brizzie was brought in. After that Carey came in and Brizzie was charged with assaulting Carey and Police-constable Harris. Dyer was brought in 20 minutes to half an hour after Brizzie and charged with assault. Carey said he was injured on the back of the head; it had been bandaged. He appeared very weak, too. Fisher came to the station about the same time that Dyer was brought in and before Carey came. He preferred a charge of assault against both prisoners, as having occurred on the day before. That was the first I heard of the alleged assault on Fisher. Dyer's wife came to the station about the same time as Brizzie was brought in. I could not say exactly the time. I saw her in the passage leading to the charge-room. She produced this loaded stick.

Cross-examined by Mr. Bickmore. I saw Mrs. Dyer was concealing something, and she took it from underneath her dress. She said she took it from her husband before the assault, as she feared trouble.

JOHN DYER (prisoner, on oath). On August 3, at 2.30 p.m., I was with Brizzie. Prior to that I had been with my wife. I was with Brizzie in Tottenham Court Road about 10.30 a.m. I was with him all day till he was arrested. I met my wife in Oxford Street at two o'clock. My wife said to me, "You had better give me that stick; you will only get into trouble." I handed it to her. My wife then want to work and I went with Brizzie. I next saw my wife in Stacey Street, soon after the assault on Carey. She walked with us towards Neal's Yard. When Police-constable Griffin came up and spoke to Brizzie my wife said to Brizzie, "Go on, give him the knife," because the constable said, "Give me the knife and you can go." My wife and mother woman asked me to come away and I did so. We went to the bottom of Shaftesbury Avenue. I never struck Griffin. He was the only constable there when I went away.

Cross-examined by Mr. Travers Humphreys. The stick don't belong to me; it was left by a friend, handed to my wife. I never carried it is my life. On August Bank Holiday I was assaulted by Carey, the bookmaker's looker-up, and about 20 others. I had the stick on August 3. I met Brizzie as I was coming out at 10 in the morning. I was with him all day till we were arrested. I knew he had that gaspipe, but I did not know he had the knife until we were in Stacey Street. He pulled it out because there was a mob there. We had these weapons in case we were attacked. I could not say if Brizzie pulled out the knife before he was attacked. I was called away by a man, and when I came back Brizzie was rowing with Carey. Brizzie had not been assaulted by anybody before he pulled out the knife and showed it to Carey. I was not assaulted that afternoon. My wife asked me to give her the stick about two o'clock in a public-house. She said it might get me into trouble. I gave it to her. She then went to work; there was no work for her, and she met me in Stacey street about 2.30. She had the stick with her, but did not tell me so. I did not know she had it. She must have had it under her skirts. When Brizzie was arrested I was by his side with my wife and another woman talking to the constables. I did not give the stick to my wife then. The constable's helmet was not knocked off while I was there; he was not assaulted by anybody while I was there.

MAUD DYER . I have not been to church with prisoner. On August 3 I was going to work. I had to be there at 'wo o'clock. I work at 47, Poland Street. I met my husband in Oxford Street. He had a stick with him. Brizzie was with him. We went into a public-house. Nothing took place there with reference to the stick. At some other time I asked him to give it me, because he was in drink and I thought he might get into trouble. I took the stick with me when I went to work. I put it in the placket-hole of my skirt and kept it in my hand all the time by this strap. I don't think my husband knew I had the stick after that. My husband asked me to meet him in High Street if I had no work to do, but I saw him as he was walking along St. Andrews Street. Brizzie was a little distance

in front of him. In Neal's Yard I saw a policeman running; he caught hold of Brizzie and held him against the wall. I ran up and caught my husband by the arm; I asked him to come away and not say nothing. I did not notice any other constables till I came away. Mrs. Douglas helped me to take my husband away. I did not see my husband use any stick, or strike any blow.

Cross-examined by Mr. Travers Humphreys. I knew my husband went out in the morning with the stick, and he promised he would not use it unless he was attacked the same as he was on Monday night. He said if they saw he was protected perhaps they would not interfere with him. He was sober at ten in the morning and drunk at two. Brizzie was also drunk. I heard the constable ask Brizzie for something up his sleeve. I did not see him produce anything. I then asked my husband to come away. I did not stop to see anything. I saw only one constable; he had Brizzie against the wall. I did not notice the whistle being blown. I saw one other constable come into the mews as me and my husband and Mrs. Douglas was walking out of the yard. He had a plank in his hand; he lifted it up for us to pass. I should know the constable. It is police-constable Edwards. The one standing next to him is the one that came up first with Brizzie. I had the stick under my skirt all the time. After I took my husband away, we all went across Shaftesbury Avenue, near Harper Street. We then went through High Street, into Denmark Street, through Stacey Street, White Lion Street, and was walking down Castle Street, when the policeman came and took my husband. My husband said, "What are you taking me for?" He was not charged with assault when he was arrested. I was taken by the constable to the station, but not charged. A policeman at the station asked me if I had a knife. They said I had taken a knife. A detective took the stick away from me. He said, "What have you here?" and I then produced the stick from under my skirt.

MARY ANN DOUGLAS , of Tudor Place, Tottenham Court Road, I did not know prisoner Dyer before the Tuesday after the holiday. I have known Mrs. Dyer four years. I was in the "George" public-house, when we heard a row going on in the yard opposite. Mrs. Dyer was not with me then. I saw her over in the passage leading to Neal's Yard with her husband. She had hold of his arm, and was asking him to come away. They were not in the yard. I saw Mrs. Dyer take her husband away.

Cross-examined by Mr. Travers Humphreys. The row was going on in the yard. They were at the top of the passage. I saw one policeman run past before she asked her husband to come away. we stayed there two minutes. I was not in the public-house with her that afternoon.

ANTONIO BRIZZIE (prisoner, on oath). On August Bank Holiday, I was with Dyer all day. About half-past eight p.m. in Charing Cross Road I met a friend. Dyer said, "Don't be long talking to him" I says, "Wait a minute, we will go and have another drink"; then Milman came along. He said something to me; I told him to go

away, and he struck me in the face. I said, "I will see what you can do." He brings back Fisher. Me and Dyer are still talking to this other friend. Fisher says, "What are you going to do now; set about the two of us?" I stepped back, struck him in the eye, and knocked him to the ground, and then I ran over and struck Milman. I said, "Now I have the two; I have beat one, I will beat the two of you." Milman goes away; we go to the public-house. Milman, Fisher, and Carey, and all his other people come into the public-house and calls me out. I would not come; I knew there was a mob. Carey says, "What are you going to do now?" and Keeley comes in and says, "Come out and have a fight." I said, "You have a mob" and I would not come out. When I come out Fisher says, "That is the one that kicked me in the eye." I said, "I punched him in the eye." Constable come along; we dispersed; we got to the coffeestall. There is a shower of cups of coffee come at us; one catches my friend in the eye. They said, "Now we have them on their own." They struck at us, and naturally we defended ourselves. We had nothing in our hands. We go away. Next morning I met Dyer. He said, "I will come with you"; I said, "No, you go home." I met him later. I had that lump of iron and the knife. I says, "I am going myself." I did not tell him I had the knife. When I get through Neal's Yard the bookmaker shouts, "There he comes," and at Stacey Street, Carey said, "Now we have got him on our own in the court." With that Carey strikes at me, flies at my head, and I knocked him to the ground. Then they all went for me. I drew out the knife, and they all ran away. My friend could do nothing. As I was going home through Neal's Yard the constable arrested me, blew his whistle, the other constable come up and took me away to the station. If I had never pulled out that knife or struck that man I would not be here. (To the Judge.) Carey is the bookmaker; Milman looks out for him. Carey would not come and give evidence. He put these men up to give me a hiding.

Cross-examined by Mr. Travers Humphreys. It was to protect myself against other people's violence that I had the carving-knife and the piece of gaspipe. It was for the same reason Dyer had the loaded stick. We were expecting to be attacked. I was attacked the previous night. I expected to find them in Stacey Street. I have to go through there to my uncle's shop in Queen Street in the Dials.

Verdict: Brizzie, Guilty of common assault and occasioning actual bodily harm; Dyer, Not Guilty.

Numerous convictions were proved.

Sentence, Brizzie 12 months' hard labour for the assault on Carey, two months' hard labour on each case of assault on the constables, to run concurrently; recommended for expulsion.

Reference Number: t19090907-83

PECK, Walter Chas. Lancelot (42, bricklayer). Feloniously maxrying Amelia Peck, his wife being then alive.

The prosecution not proving that accused knew that his wife was living at the time, of the second ceremony of marriage, the Jury, by the direction of the Court, returned a verdict of Not Guilty.

Reference Number: t19090907-84

WILKINS, Alfred (24, labourer) . Robbery with violence upon George Smith, and stealing from him one watch and one chain, hit goods.

Mr. Fleming prosecuted.

GEORGE SMITH , carpenter on ss."Heron." On August 28, about 11 o'clock, p.m., I was walking in Commercial Street, three men seized me, two held my hands, and one took my watch and chain. One of them let my right hand go, and I was able to seize prisoner.

Police-constable JOSEPH WALKER, 324 H. I heard prosecutor call "Police "; I ran and saw him holding prisoner by the throat. He said prisoner was one of three men who had just stolen his watch sad chain. I told prisoner I should take him into custody. He said, "I know nothing about it; I asked him for a drink."

Verdict, Guilty.

Several previous convictions were proved.

Sentence, Four months' hard labour.

Reference Number: t19090907-85

PEARCE, James (20, newsvendor) ; robbery with violence upon George Steeger, and stealing from him one purse, the sum of 8s., and one watch, his goods.

Mr. L. A. Lucas prosecuted.

GEORGE STEEGER , piano dealer, 163, Gray's Inn Road. On August 30 last, at 1.15 a.m. I was passing a coffee-stall near the Electric Railway Station at Islington, when I was hustled by certain men. I thought they were larking. I tried to avoid a blow and tried to get into a passage at the station to avoid these roughs. They got me behind the coffee-stall, and five or six fellows hit me in the face. I felt about four hands in my pockets. I called for the police. Prisoner was holding and speaking to me. I saw him throughout the whole incident, which lasted two or three minutes. I lost the watch and snatched it back. I did not miss the purse immediately. None of them tried to run away when the policeman came; they simply stood aside. I could not give the other four or five in charge; they were standing in front of the coffee-stall with 12 or 15 others. Prisoner seemed to act as a spokesman, and he was taller than the other five or six.

Cross-examined. The inspector asked me to see if I had lost any money. I said "No," then I said "Yes, I'Ve lost my purse." I said this at the coffee-stall as well. I might have told the constable I lost nothing, because I did not miss it. I said I lost a sovereign purse at the station. I said there was 8s. in it. It was a purse like this. When I gave you in charge I said you were the ringleader. I swore someone struck me. I am not sure it was you. I am sure you had hold of me. I did not have others arrested because I did not recognises them; it was semi-dark.

Police-constable KINO, 718 N. I heard prosecutor shout "Police!" There were 13 or 14 men. I ran across and saw prosecutor with his watch in his waistcoat with the chain broken. He said he had lost a parse and his watch; they had attempted to steal his watch. I asked if he could recognise the men who did it; he said, "Yes," pointing to prisoner. I said, "Are you sure he is the man t" He said, "Yes." I said I should take him into cutody. He said, "I did not do it; the men who did it are round there," but at the station he laid, "I saw some men holding prosecutor; it was no good me interfering, as one of them had a big stick' On the charge being read he made no reply.

Cross-examined. Prosecutor said they had stolen his purse and made an attempt to take his watch. He did not say at the coffee-stall that he had lost nothing. He said he had lost a sovereign purse with 8s. in it before he got to the station. You made no attempt at resistonce, and accompanied us to the station.

DENNIS KENNEDY , paperseller, 39, Camden Passage. I was at the coffee-stall and saw prosecutor. We had just come from the Shoreditch Empire. I had a cup of coffee; four or five more came up; they stood there and bought nothing. Prosecutor came up, and the five fellows hustled him round to the back. Prisoner said, "Is it any good interfering!" I said, "No, stand as we are." They knocked him down. The first one accused was prisoner. Prosecutor said he had lost nothing; he was not sure whether he had lost anything. Cross-examined. I left the Shoreditch Empire about 11.45. I have only been there once. I live near this coffee-stall. It is hard to say how long it takes to walk from the Empire. We had a slow walk straight down City Road. Prosecutor seemed stupid or half drunk. He is in the habit of accusing anybody. I did not give any assistance. Prisoner sent me a letter asking me to give evdence. I was not at the police court. I did not think it necessary to go there. Verdict, Not guilty.

BEFORE MR. JUSTICE COLERIDGE.

(Wednesday, September 15.)

Reference Number: t19090907-86

LEEKS, Walter (39, paperhanger) ; feloniously wounding Abraham Leeks, with intent to kill and murder him; second count, with intent to do himself grievous bodily harm.

Mr. B. A. Smith prosecuted.

ABRAHAM LEEKS , 7, Rockcliffe Street, City Road. Prisoner is my brother. We worked together for some time prior to July 3, carrying on business as paper-hangers and decorators. Prisoner worked "under me. On July 3, having finished work at 12 o'clock, we went to Lamb's Conduit Street. My brother went into a public-house there while I went to get the money. After I came tack we remained there about three-quarters of an hour. We then went to a public-house in Guilford Street; then to another in the same street.

I there settled with my brother for the work he had done. A half of 3s., which I had expended for materials, I deducted. My brother did not agree to that and we quarrelled. This was just after one o'clock. We adjourned from the public-house to the street and continued the quarrel there. Something was said later about tools. He came up to me and made a rush at me with something in hit hand, as I thought. I knocked him down. This was about half-past three. There had been no struggle between us before. He followed me down the street. I asked him for the tools he had, mine and his own. He would not give them to me. I went to take them and he struggled with me. I decided to let him have the tools and away he went with them. I went home. I saw him go into bit house with the tools about 3.45. I did not see him again that afternoon. Later on I was in Vincent Terrace, which is close to Graham Street. Somebody came behind me, pulled my head back, and said, "This is your last"; I did not see who it was, but the voice was my brother's. I was pulled to the ground and felt my throat cut and the blood rushing out. I became unconscious, and was taken to the hospital, where I remained till July 19. Nearly rour years, ago prisoner attacked me with a razor. I am not in the habit of carrying any weapon, with me.

To Prisoner. We had a quarrel about 18 months ago; I deny that I then assaulted you.

MARY REYNOLDS (a child of 11). On July 3 I was in Graham Street about six o'clock. I saw prosecutor coming along and prisoner coming behind him; prisoner caught hold of prosecutor at the back of the neck and drew his right hand across his throat; then prisoner drew his hand across his own throat and fell to the ground.

WILLIAM MARKDEN . On July 3 I was in Graham Street about six o'clock. I heard a girl streaming, and turning round I saw prosecutor fall to the ground, with his throat cut; almost immediately I saw prisoner put his hand to his throat and fall to the ground, throwing from him a razor as he fell.

Police-constable JAMES JOEL, 496 G, spoke to seeing prisoner detained by Markden, and sending prosecutor to the hospital.

HARRY JOHN KENDREN , house surgeon at St. Bartholomew's Hospital, described prosecutor's injuries; there was a gash across the throat side to side about 8 in. long, about 1 1/2 in. deep.

Inspector SAMUEL LEE, G Division, said that he arrested prisoner on July 20; prisoner made no reply to the charge.

Prisoner's statement before the magistrate: "On July 3 my brother and I had high words; he assaulted me twice; I went home and found my money short; I went round to his place with my wife to get a settlement; he was not at home and I waited at the corner of the street; when he came up he put his hand in his pocket; he is in the habit of carrying a knuckleduster; thinking that he was going to strike me I pulled out a razor and cut his throat. In the meantime he had been to my house threatening my life."

(Defence.)

Him LEE. On July 3, between five and six, I was in the Robin Hood "beershop; prosecutor came in and asked me if I had ion his brother Wally; I said no; he said, "I want to see him; I have had one fight with him this morning, and now I have come up to his own house where he uses to have another one."

Prisoner handed in a written statement, in which he repeated his statement made before the magistrate, and pleaded that be bad been more sinned against than sinning, and asked to be dealt with leniently.

Verdict, Guilty on the first count. The prosecution offered no evidence on an indictment for attempted suicide, and on this a verdict of Not guilty was returned. The police proved several previous convictions, and generally gave prisoner a very bad character.

Sentence, Five years' penal' servitude.

Reference Number: t19090907-87

CHAPMAN, John Spencer (40, solicitor) , being entrusted by Mary Scott with the sum of £3,238 14s. 1d. in order that he might invest the said money, did fraudulently convert part thereof—to wit, the several sums of £1,000, £250, and £838 14s. 1d., to his own use and benefit.

Mr. Muir, Mr. Travers Humphreys, and Mr. Curtis Bennett prosecuted; Mr. C. F. Gill, K. C., and Mr. Horace J. Rowlands Mended.

Miss. MARY SCOTT, Queen's Club Gardens, West Kensington. In 1305 friend named Alexander Muir introduced me to the defendant. I had just come into possession of £3,000 and desired to invest it. On March 21, 1905, I handed defendant £2,000 and obtained his receipt for the same."to be advanced on mortgage"; defendant promised "that the investments should be completed in the course of a few days." Later I sent defendant another £1,000, which he said he could "invest with safety "at 5 per cent.; later I sent him for investment £158 14s. and £80. I received from time to time various nuns for interest, down to June, 1908. I had several interviews with defendant and he always led me to believe that my money was lately invested, but that, owing to the depreciation of property, he money was not coming in, and that it would be all right in time. Eventually I put the matter in the hands of my solicitors, Messrs. Burchell's.

Cross-examined. At the time this prosecution was started I bought I had lost nearly everything; I now know that the greater part of my money is quite well secured. Defendant promised to secure me, as I desired, a continuous income from interest, and this I had down to June, 1908. I know that at that time extensive forgeries were discovered on the part of a clerk of defendant's named Pope, resulting in a loss to defendant's firm of about £17,000. I behaved the object of the present prosecution was to get me back my money.

JAMES MELVILLE BURCHELL , articled clerk to Messrs. Burchell's said that his firm acted for Miss Scott. He produced the deeds that had been handed over by defendant securing certain moneys of Miss Scott.

DAVID LEWIS , secretary of the Cheltenham and Gloucestershire Building Society. My society are mortgagees of some houses erected by J. H. Rafferty at Bush Hill Park, Enfield. We hold cash deposits as security for our advances to purchasers; Rafferty or his assignees will eventually have those deposits back. In 1906 Rafferty assigned his interest to the defendant. We have had notice that he has appropriated his interest in favour of Miss Scott. The present value is about £900.

Cross-examined. No inquiries were made of us by the prosecution as to the value of defendant's interest in these deposits.

JOHN HENRY RAFFERTY , architect. I was engaged in developing building property at Portslade, near Brighton, and was financed by defendant among others. I understood that defendant was investing money for clients of his. I produce a mortgage by me to Miss Scott for £1,000 at 5 per cent. I became bankrupt in July, 1907, but I maintain that my estate will show £100,000 to the right side.

Cross-examined. Miss Scott's advances are absolutely secured.

WILLIAM R. PALGRAVE , solicitor. From October, 1906, to January last I was managing clerk to defendant. In June, 1907, I borrowed of defendant £250, giving as security (Miss Scott being named is the lender) a second charge on my house at Sunbury and a life policy for £200. The interest has been regularly paid. I have tendered the £250 to prosecutrixs solicitors; they would not take it.

WILLIAM S. HENDERSON , of the Gresham Life Assurance Society, said that in June, 1907, the surrender value of the policy spoken to by the last witness was £23 7s.

GEORGE ERNEST SENDALL , chartered accountant. I have investigated the books and accounts of the defendant. On March 21, 1905. when Miss Scott's cheque for £2,000 was paid into defendants bank, his account was overdrawn £1,170. On April 19, when her cheque for £1,000 was paid in there was an overdraft of £1,421. (Witness detailed the entries of the various advances made with Miss Scott's moneys.)

Cross-examined. These books were placed at my disposal by the defendant. All the transactions are shown clearly. In the defendant's banking accounts very large sums are dealt with.

Detective-sergeant ALFRED CRUTCHETT. I arrested prisoner on July 14 on a warrant charging him with fraudulently misappropriating £838 14s. 1d., the moneys of Miss Scott; he made no reply. Mr. Gill was proceeding to submit that there was no case to go to the Jury, when the Jury intimated that, on the evidence offered by the prosceution, they would not be prepared to convict. Mr. Justice Coleridge. I am of the same opinion. Verdict, Not guilty.

BEFORE THE RECORDER.

(Wednesday, September 15.)

TURNER, George (29, porter), who pleaded guilty at the May Sessions (see p. 113) of breaking and entering the shop of the Non-Treadover 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-Treadover Boot Company, to an amount exceeding £5, and also confessed to a previous conviction, was brought up for judgment. Prisoner is a consumptive and physically unfit to undergo confinement in prison.

Mr. Scott-France, the Court missionary, said that after some difficulty he had been able to find prisoner board and lodgings and light employment until it could be found what kind of employment he is fitted for, when he will get permanent work. Owing to the Workmen's Compensation Act people were very chary of giving employment to a man with such a detriment as consumption. He said this in the hope that prisoner would make some effort to retain this work, as he was not likely to get many more chances. Prisoner was released on his own recognisances in the sum of £5 to come up for judgment if called upon, and discharged to Mr. Scott-France's care.

Reference Number: t19090907-89

BILLINGS, Walter (69, no occupation), and BILLINGS, Emily (58, his wife), both pleaded guilty of maliciously publishing diversdefamatory libels concerning Frederick William Albert Radford; Wilier Billings maliciously publishing divers defamatory libels, bowing them to be false; the male prisoner was also indicted for obtaining £360 with intent to defaud, for a common law forgery, and for uttering a forged document and pleaded not guilty. Mr. Huntly Jenkins, prosecuting, stated that the male prisoner was a younger brother of Mr. Radford's mother. Mr. Radford is an engineer living at Croydon and carrying on business in Hatton Garden. In 1880 Walter Billings by the death of an uncle became entitled to certain property in the form of a reversion. The reversion was sold to a member of the Radford family and the libellous matter complained of accused various members of the family of robbery in connection with the sale. The prisoners were prosecuted by Mr. Radford at Guildford in December, 1905, for exactly similar libels and were bound over by Mr. Justice Grantham on promising not to repeat the offence. The male prisoner has been twice previously convicted for: obtaining money on this imaginary reversion and has undergone sentences of four years' penal servitude and twelve months' hard labour. Notwithstanding this he again attempted this year to raise money by the same means.

Sentences: Walter Billings, Nine months' hard labour; Emily.

Billings. Six months'

Reference Number: t19090907-90

SIBBE, Frederick Charles (42, joiner) ; feloniously wounding William James Waller and Constance Waller with intent to do them one grievous bodily harm.

Mr. Pickersgill, M. P., prosecuted.

CONSTANCE WALLER , 19, Townsend Street, Lambeth. I live with my husband and we have occupied the ground floor for about a year and eight months. Prisoner and his wife occupy the floor above. I think they were there three or four months before we came. We have not lived on neighbourly terms; his wife would not let me. Every time she got drunk she slapped me. On the afternoon of Saturday, August 21, I saw prisoner about 20 to five, I was standing in my kitchen as he came through the street and went upstairs to his own apartments About three or four minutes afterwards he came downstairs and rushed into my kitchen and said, "Now, Mrs. Waller, where are you? There is no time to apologise. "I did not understand what he meant by apologising. I had not time to understand anything He at once made two "digs at me. He stabbed me as soon as he saw me. My mother, an old lady of 70, was in the kitchen with the baby. I knew of no reason why I should apologise. He struck me with a chisel or something in the shape of a chisel. I called out to my husband, who was in the bedroom, "Oh! Bill; I am stabbed." As my husband came running through the passage prisoner stabbed me again in the shoulder and neck. I was not rendered unconscious. Sibbe fell and I helped to hold him. I was taken to Rodney Road Station and examined by the doctor there. The chisel produced was what he struck me with.

WILLIAM JAMES WALLER , carman, husband of last witness. As I rushed into the kitchen I saw prisoner stabbing my wife about the head. I struck him a blow behind the ear and on the nose. I then seized him by the throat, put my knees in his back, and dragged him to the floor. My wife and I held him till two men came to our assistance, one of whom is named Wright. From what I saw of him at the station I judged that he had been drinking. After Wright came in my wife left the room. In the struggle after that prisoner got on to one hand and one knee, and, calling me a filthy name, he lunged the chisel into my eye. I seized his wrist and wrenched the chisel from him. The chisel would be one of the tools of his trade.

CHARLES WRIGHT , porter, Dover Buildings, Old Kent Road. On Saturday, August 21, I was passing along Townsend Street, when my attention was attracted by cries for help. I went into 19, Townsend Street and into the kitchen. I saw Mrs. Waller on the ground bleeding. I saw a chisel on the ground. The next thing was I claimed him by the throat and left wrist. Whilst I was holding him he struck Mr. Waller on the leg with his chisel. At the end of eight minutes Police-constable Woodger came in and arrested him. Prisoner was not exactly drunk, but I should say he had had one or two glasses.

Police-constable CHARLES W'OODGER, 261 L. On the afternoon of Saturday, August 21, about five o'clock, I was called to 19, Townsend Street. Outside the house I saw Mrs. Waller, who complained of being stabbed. I then went inside and I saw the witness Wright holding prisoner down in the kitchen on the ground floor. I arrested prisoner. When the charge was read over to him he said, "That is quite true; I cannot deny the charge."

ARTHUR CHARLES REARDON , surgeon, 129, Camberwell Road. At 20 minutes past five on Saturday, August 21, I examined Mrs. Waller. she was suffering from four punctured wounds, one on the top of the left shoulder, one on the right side at the ridge of the neck, and two in the back of the skull. The chisel produced would cause such rounds. The deepest was that on the left shoulder, about 1/2 in., and that must have been a pretty good blow. The two on the skull had gone through the third coating to the bone. None of the wounds was dangerous, but they were in a dangerous position, and if the chisel had not been clean there might have been erysipelas. I dressed the wounds at the station, but have not attended her.

(Defence.)

FREDERICK CHARLES SIBBE (prisoner, on oath). On this Saturday when I came home my wife told me that Mrs. Waller had badly insulted her and ill-treated her by throwing her to the bottom of the stain, calling her bad names, which my wife did not deserve. I told my wife I would see Mrs. Waller about this, but I did not intend to do her any harm. The chisel was amongst a number of tools I was going to take to be sharpened, so I put it in my coat-pocket wrapped in a piece of newspaper. I went to prosecutor's kitchen and asked Mrs. Waller what for she had ill-treated my wife. I had hardly spoken two words when I felt something hit me rather hard alongside the head. With that I fell backwards to the ground, and Mrs. Waller started clawing my face with her nails, and Mr. Waller starts 'booting" me on the head, which caused me to have a black eye, and likewise drew blood in other places where he kicked me, which I pot down to a nail he had in his boot, so in the struggle, not knowing what I was doing, I must have pulled this chisel out of my pocket and made use of it. Of course, I do not know why I did it; I did lot know what I was doing. I heard Mrs. Waller say, "I am Stabbed"; that is the first I can remember.

Cross-examined. When I saw the chisel lying on the desk at the police-station, of course I could not deny the charge.

Verdict, Guilty of unlawful wounding, under great provocation.

The police-officer, recalled, stated that prisoner was a hard working and industrious man and had been five years with one firm, nine months with another, and three years with another. When arrested he had the appearance of having been drinking. Mrs. Sibbe appeared be a clean and respectable woman. There had been quarrels between the two women and this was the result. The locality was a very low one. Six or seven years ago prisoner was convicted of an assault on his wife in a railway carriage and sentenced to six weeks' hard labour. There was no doubt he was a very violent man and consequently he was unable to obtain bail. It appearing that prisoner had now moved from the Townsend Street Dwellings, the Recorder, taking into consideration that he had been three weeks in prison, and was of good character, and that thes

result of sending him to prison would probably be that his family would become destitute, sentenced him to nine days' imprisonment equivalent to immediate discharge.

BEFORE THE COMMON SERJEANT.

(Wednesday, September 15.)

Reference Number: t19090907-91

HAYDEN, Charles (46, milk carrier), and BUTLER, Charles (36, milk carrier) ; both conspiring and agreeing together to obtain by false pretences certain jewellery of and from Sidney Barnard with intent to defraud; obtaining by false pretences from the said Sidney Barnard certain jewellery with intent to defraud.

Mr. A. C. Fox-Davies prosecuted; Mr. W. A. Lawton defended Butler.

SIDNEY BARNARD , 82, Flaxman Road, Camberwell, superintendent of agents to Lovejoy and Co., 58, Addis Road, Wimbledon, jewellers and clothiers. On June 10, 1909, I saw Butler at the "Lilford" public-house. I had known him as delivering milk to me and he had sent a message that he wanted to see me. He said, "I have got three good agents for you." I said, "Are these trustworthy men?" He said, "I have known these men for years," and handed me paper produced: "Robert Rogers, 1, Riverhall Street, Wandsworth, vaux hall Gas Works, 10 years; Charles Gibbons, 1, Bond Street, carman, London and South-Western Railway, 12 years; George Sinclair, 47, Goding Street, Vauxhall, Moore Bros., dairies, Lavender Hill, for years." Hayden (whom I knew) was seated there, hearing the conversation. I sent the addresses to my firm and parcels of clothes and jewellery as per lists produced were forwarded to Rogers, value £6 2s. 11d.; to Gibbons, value £4 15s. 7d.; to Sinclair, value £5 6s. 5d. Rogers's parcel was returned marked "Unknown." I saw Butler a week or 10 days afterwards and said to him, "Those last addresses you have given me are all wrong." He said, "I know nothing about that—I have known those men for years." A day afterwards I called on Butler. I told him that from inquiries I had made I found that he had had the parcels sent to Sinclair and Gibbons. I knew Hayden as a man who had a milk round. I asked him where the goods were. He said Butler came to him to get three addresses, as I wanted them. He offered to pay for the goods at 4s. a week, which I declined. He said he had met Gibbons, knew him as living in Rowton House, and that he had handed him the parcel. He said he knew nothing about the Sinclair parcel—he was offering the 4s. a week for Gibbons's parcel. Butler has obtained from 15 to 20 agents for me—about five only of them have turned out genuine.

Cross-examined by Hayden. I am suspended by Lovejoy and to. I did not make inquiries about the names because Butler told me he knew the men. I did not know they came from Hayden. Hayden wrote letter dated July 15 (produced) to my firm: "Gentlemen,—Iss

write to crave your indulgence. I am sorry to say that through drink I have been very foolish," saying that he would hold himself responsible, that he did not mean to be dishonest, and would repay the lost at 4s. or 5s. a week. He came to see me after that, told me he had written to the firm, and asked me what I was going to do. I afterwards wrote asking him to call, which he did, when I told him that a representative of Messrs. Lovejoy was at the top of the street and wanted to speak to him. He was then seen by a detective and arrested. He said it was some mistake. (To Mr. Lawton.) I is suspended on account of this matter. Agents are appointed by me to sell goods on the tally system to servant girls. I have known Butler 12 months, during which he has been an agent and has found agents, for which I have made him a small remuneration. Of the 15 or 20 agents he has found me five are selling our goods properly; the others are not, and we have been unable to get the goods back. Butler did not guarantee the agents; he gave me the names on slips of paper of agents to whom we sent goods, for which they signed a printed form. In some cases I signed the form in their name. I only know the contents of the parcels from the office—I did not see the foods sent off. I first saw Hayden in April or May, 1909, in a public-house and I asked him if he could recommend people as agents. He said he would do so and would give the names to Butler. Butler brought me some addresses of agents from Hayden, whom I refused, as I found they did not live at the addresses given. I did not ask Hayden in May to get me addresses. I went to Hayden because I found he had received the parcels. I borrowed money from Butler and still owe him a few shillings. I received letter of July 19 from Hayden asking me to call and see him, "as I wish to speak to you privately regarding repaying the amount of instalments." Hayden was arrested July 23. Hayden said to me, "I hear you have been making inquiries round Vauxhall. If there is any trouble going to arise out of this others will have to go with me." I said, "I will see what I can do for you. Hayden became an agent on April 29 and had had goods to the value of £8 14s. 6d., on which he had only repaid 6s. 6d. He had hire and purchase agreement forms, but has not sent any filled-up forms in. The amounts I have (mentioned are the selling value of the goods.

Detective JOHN CONWAY, P Division. On July 23, at 11 p.m., I saw Hayden, and told him I held a warrant for his arrest, which I read. He said, "It is all a mistake." I took him to Kennington Lane Police Station. On the way he said, "I wish to goodness I had never seen any of them, and I would not have been in this strait." I then went to 25, Thorne Street, Wandsworth Road, where I saw Butler. I said, "I am a police officer, and hold a warrant for your arrest," and read the warrant. He said, "I know nothing about Hayden—I will prove it." I then took him to Kennington Lane Police Station, and from there I took both prisoners to Camber well Police Station, where I read the warrant to both. Hayden made no reply. Butler said, "I know nothing about them" When charged they made no reply.

Cross-examined. I have made inquiries, and understand Hayden has an excellent character. I have also made in quiries at firms Butler has worked for, and at Ainsleys, milk carriers, where he is now employed. There is nothing against Butler whatever; he bears a good character; he used to be in business for himself.

JACOB HARRIS , 1, Bond Street, Vauxhall, hairdresser. Letters are addressed to my shop for persons who pay a small charge. I know Hayden as "Charles" Seven or eight weeks ago I received a parcel addressed to Charles Gibbons, which I delivered to Hayden. There is no one living at my house named Gibbons—I only know the name in connection with Hayden.

MINNIE GREENHILL , 47, Goding Street, Vauxhall. Somebody came and left a parcel at my place in the name of Sinclair. Some time in June Hayden had asked me for "Charlie"—that was my milkman. I said I had not seen him that morning. Hayden said, "Do you mind taking in a parcel for me. I have had a few words at home and am going to move. It will come in the name of Sinclair." The parcel came by Carter, Patersons, addressed to "George Sinclair," and I gave it to Hayden. No one named Sinclair lives at my house—I only know the name in connection with Hayden.

(Defence.)

CHARLES HAYDEN (prisoner, on oath). There was no intention or thought of fraud or conspiracy with Butler. I knew Gibbons and Sinclair for about 15 or 18 months through working in Bond Street. Barnard asked me, if I knew any agents, to give the names to Butler. I had a conversation with Gibbons and Sinclair together, and they asked me if I would give their names as agents for Lovejoy; they thought the parcel would not be sent to their addresses, and they asked me if I could get the parcels for them. I said I thought I could, and I gave the addresses of No. 1, Bond Street, and 47, Goding Street, and received the parcels, which I handed to Gibbons and Sinclair. I was sorry afterwards I had given those addresses, but I thought Barnard or some one from Lovejoy's would make inquiries and I could introduce the men before the parcels would be sent. I handed the parcels to Gibbons and Sinclair in a public-house in Vauxhall. They told me they did not think much of the goods, and I told them in that case to send them back again. On July 5 I wrote to Lovejoy that I was very sorry it had happened, and offering to pay in full. I said, "I had two friends, as I thought, and they have served me very badly," and offered to be responsible. They replied that they had placed the matter in the hands of the police. I did it with good intention. Butler knew nothing about it except that I had given the names to him.

Cross-examined. The names were written down by Butler on the paper. I knew Rogers by having a glass of beer with him as also with Gibbons and Sinclair. Rogers gave me the address at l, Riverhall Street. I took the places where the men lived from them I wrote their names and addresses down in the first place myself an

then dictated them to Butler; I put down what the men told me. I thought they were all right. I have never seen Gibbons in the uniform of the L. and S. W. Railway. He told me he lived at Rowton House. I gave the false addresses because I thought Lovejoy and Co. would not deliver goods at Rowton House. I was under the impression inquiries would be made. I have known Sinclair 15 to 18 months. I know nothing about two other names that are on the paper sent in by Butler. (To the Judge.) A good many respectable working men live at Rowton House. I have made inquiries at Rowton House and elsewhere, but have been unable to find the men.

CHARLES BUTLER (prisoner, on oath). I first met Barnard 12 or 18 months ago at the "Lilford," where I go to dinner every day, and I see him daily on my milk round. He asked me to get him agents and I have got him 15 or 16, 11 of whom are still acting for the firm. I have given him 30 addresses altogether. I said to him, I hope if these agents do not turn out satisfactorily I shall not be brought into trouble." He said, "Certainly not; we take all risk. All I want you to do is to get the names and addresses, hand them to me, and I will fill up the forms and hand them the jewellery." He told me he had 4s. for each agent he got and he promised me 6d. each, which is not paid. I have lent him 2s. 6d., 1s., and odd money mounting to £1. About May he saw Hayden with me in the "Lilford" and asked me if he would be an agent. I said, "You had better ask him." Hayden agreed to be an agent and Barnard said, "Can you get me agents?" Hayden said, "I am well known on the milk round and I will get you one or two." Barnard said, "If you do, give the addresses to Butler and he will give them to me, as he serves me with milk." The addresses Hayden gave me I put in my book, tore out the page, and handed it to Barnard. Barnard said, "I find there are two parcels gone wrong which were delivered to the addresses that Hayden gave you." I said, "I cannot help that; it is nothing to do with me." He said, "No, I know it is not—I will not bring you into it." I know no more about these parcels than any gentleman in the court.

Cross-examined. I am an agent and have had a parcel on which there is a little money owing. I told Detective Conway that I knew nothing about this affair. Hayden gave me two addresses, which Barnard told me were wrong. He did not say he would have no more of Hayden's addresses. Hayden was present when I gave Barnard the three addresses in question. I did not say I could recommend them—that is a falsehood.

THOMAS DOWSE , 31, Canbury Street, Camberwell, and FREDERICK JOHN BLUNTACHE, 25, Thorne Street, Wandsworth Road, testified to the good character of Butler. C. S. REDFERN, draughtsman, and GEORGE MARK BRIDEN, manufacturer, gave evidence of character for Harden, Mr. Briden stating that he would give him a start in business.

Verdict, Butler, Not guilty; Hayden, Guilty of receiving.

"The Jury desired to severely condemn the methods of the prosecutors in sending goods to prospective agents concerning whom they had made no independent or adequate inquiries."

Sentence, Hayden, Three months' hard labour.

Reference Number: t19090907-92

WILDE, Robert (22, labourer) ; stealing one watch, the goods of Charles Philp Madden, from his person; assaulting Frederick Gunner with intent to prevent and resist his lawful apprehension. Prisoner pleaded guilty to the charge of larceny. Mr. S. Ingleby Oddy prosecuted on the charge of assault.

Detective FREDERICK GUNNER, City Police. On August 14, at 12 noon, I was on duty in Cheapside when I saw the prisoner with two other men. I suspected them and kept them under observation. The two men not in custody placed themselves on each side of a gentleman looking into a shop window at the corner of Foster Lane. I saw prisoner stand immediately behind the gentleman and suddenly leave, with the watch (produced) in his left hand. I seized him, when he threw the watch into the roadway, and, before he could see who I was, he dealt me a violent blow on the mouth and left jaw. I closed with him; in the struggle he knocked me down; as I fell I caught hold of his coat and as I lay on the ground he gave me a savage kick on the left side of the head. I felt dazed, but clung to the prisoner's leg, threw him to the ground, and we continued our struggle in the roadway in Foster Lane. We regained our feet, he broke away and I reclaimed him. As we were struggling I threw my whistle amongst the crowd of people who were there and somebody was kind enough to blow it. Police-constable 547 came to my assistance and prisoner was taken to Cloak Lane Police Station. This watch and my whistle were handed to me. Prisoner made no reply to the charge. I was afterwards examined by Dr. Brown. I had a large bruise on the left side of the head and was put on the sick list. The next day I was examined and still had a bump on my head and the skin slightly broken; also a bump on the left buttock. After two days I returned to duty. I have still a bump and have suffered from headache—the effect of the kick. (To the Judge.) Prisoner did not know I was a detective, because I had not time to tell him.

Police-constable EDWIN MILLS, 547 City. On August 4, about noon, I heard a whistle blown in Foster Lane. I saw the prisoner strike Police-constable Gunner three or four times in the chest—they were on their feet. I went through the crowd, arrested the prisoner, and took him to the station, where he was charged; he made no reply.

CHARLES MADDEN , manager to Bush and Co., rubber manufacturers. On August 4, about. midday, I was going to my place of business when, at the corner of Foster Lane, there was a small crowd and I stopped for a moment. I. discovered that my chain fell and struck me and then found that my watch was gone. A few yards off I saw what I took to be a street fight between the prisoner and Policeconstable Gunner, and I afterwards saw my watch on the ground I saw prisoner struggling with Gunner He broke away and managed

to trip the constable and get him down; he on top. He went on fighting away until a police-constable arrived and arrested him. prisoner struck the detective officer with his fists and also kicked him by using his foot to trip him in his efforts to get away. The nine of the watch is £2 10s.

(Defence,)

ROBERT WILDE (prisoner, not on oath). I want to say I am innocent of kicking the detective-constable. He claimed hold of me, I tried to get away from him, he got me down on the ground. I tried to slip away from him. I was only using my foot to try to get up that is the only way I used my foot.

Verdict, Guilty.

Convictions proved: April 28, 1908, North London Sessions, 18 months' hard labour for larceny from the person after two previous convictions of frequenting.

Sentence: For the assault, 12 months' hard labour; for the robbery, Four, years' penal servitude; to run concurrently.

BEFORE JUDGE LUMLEY SMITH.

(Wednesday, September 15.)

Reference Number: t19090907-93

TRAINOR, Patrick E. (45); obtaining by false pretences from Montague Smith £2 10s., from Thomas Chubb £2, from Arthur Cecil Allder £5, from Henry Cross £2, from Frederick James Ashdown £5, from George Samuel Richards £2 10s., from Henry Tremlett £2, from Walter Edward Warrington £1, from William Kernot Cooper £3, and from John Frederick Blake £4, in each case with intent to defraud.

Mr. Travers Humphreys and Mr. Harben prosecuted; Mr. Rooth defended.

WILLIAM COOPER , secretary W. R. Cooper and Co., Limited, Wells Street, Hackney. I have known prisoner about 10 years as traveller to Robertshaw's, of Manchester. On January 12 last he called on me. He asked me to change a small cheque, as he had left home short of ready money. He used to live at Teddington, near London. He handed me this cheque. He signed it in front of me. I handed him the £3. Next day I received a letter from him addressed from 91, Waterloo Road: "Will you please keep the £3 cheque cashed for me to-day till next week. Just had a cheque returned and cannot see my friend till next Monday." We wrote him in reply. We paid the cheque in on the 13th and it was dishonoured. On toe 16th we got another letter from him: "Gentlemen,—On Monday please pay cheque into your bank and it will be all right." We paid it in on the 25th. It was dishonoured again. He wrote on that day: 'Dear Sir,—Shall call on you next week." He did not call. We got a letter from him on February 23: "I am so sorry; shall send end of next week. Please do not write to Manchester. Shall send

P. O. O." We wrote in reply, "In regard to yours of 23rd and cheque January 12, not yet received P. O. O. as promised, regret we shall be obliged to send your cheque to Robertshaw as payment of our account with them." He never came and we never received any cash.

Cross-examined. During the 10 years I have known prisoner as a respectable man. I do not know anything about his private concerns. We wrote to Waterloo Road in reply to his letter January 12. I do not remember defendant calling in March with Mr. Robertshaw. I believe Mr. Robertshaw called. He said he understood that I had changed a cheque for prisoner. He did not tell me that prisoner had brought him there. I suppose prisoner told him. We had not written to Robertshaw. I went to the police court because I heard from Robertshaw's that proceedings were being taken. I have seen prisoner since cashing the cheque; the first time was at Lambeth Police Court. I gave him an order in March.

JOHN FREDERICK BLAKE , 58, The Mall, Ealing. I know prisoner well as a representative of Robertshaw's. On January 15 I cashed a cheque for him for £4. I passed it through the bank. It was returned. I received this letter: "Re cheque £4, please keep it over a few days. Have had a cheque returned; will see my friend Monday." This came after we paid the cheque in. It is dated from 91, Waterloo Road. On January 16 he wrote, "If you will kindly pay the cheque into your bank Monday week it will be all right." We paid it in and it was again dishonoured. we wrote on January 26, "Shall see you next week," and on February 3, "Shall see you end of next week." He did not come. I have not been paid the £4. I was invited to attend the police court by a letter from Mr. Robertshaw's solicitor.

Cross-examined. I did not see anybody from Robertshaw's in March or April. Mr. Robertshaw might have called. I do not think I heard of it. Having written to 91, Waterloo Road, and receiving no answer, I wrote to Mr. Robertshaw asking for prisoner's address. I received four letters from 91, Waterloo Road, none of which are replies to mine. I did not write to him at all after March 4. About a fortnight elapsed between the time I wrote defendant and the time I wrote Robertshaw. I have known prisoner about 15 years. I have cashed cheques for him before and they have been honoured. I have not written to any other address than Waterloo Road to my knowledge. When he asked me to cash the cheque he said he had come away from home without sufficient money and wanted £4.

GEORGE SAMUEL RICHARD , Worcester Lodge, Forty Hill, Enfield. I was partner in George Richard's, 106, High Road, Tottenham. Prisoner came into the shop on January 27 and asked if there were any orders for Mr. Robertshaw. I said we were wanting nothing at that moment. He then said, "Can you change me a cheque?" I said, "Whose cheque is it?" He said, "My own on Parr's Bank I asked for what amount; he said £2 10s. I nodded to my partner The gold was handed to him. The cheque was presented through

our banker's probably the same afternoon. Prisoner seat me a wire next morning, "Please do not pay in cheque; am writing." The cheque was dishonoured. I have never been repaid. We attempted to take proceedings, but the papers were not served.

Cross-examined. We took out a county court summons. I looked upon defendant as an honourable man. I did not know him outside our business transactions. If he had asked me to give him the money probably I would have done so. I believe Mr. Robertshaw called but I did not see him. I have not written to Robertshaw since this action was commenced. My first letter to him was to ask if Trainor was in his employ; he wrote that he was. I have known prisoner probably over 20 years as connected with Robertshaw. I did not know he had left Teddington until I got the address it Waterloo Road. I knew about his case at Deal but I knew nothing about his private affairs.

HENRY TREMLETT , 99 and 101, Lupus Street, S. W. I have known prisoner 15 or 16 years as Robertshaw's representative. On January 28 he called and asked me to change a cheque for him on Parr's Bank for £2. I did so. I received a letter, "Just had a cheque returned from my bank and cannot see my friend till next week; please hold my cheque £2 over till I write you next week." I next received a postcard: "91, Waterloo Road, February 9. Dear Sir,—Not till next Monday, please. Sorry." I kept it over until after the postcard. It was returned dishonoured. He then wrote on February 20: "Awfully sorry, shall send P. O. O. on in a few days. My friend has promised to meet his cheque March 10. He put me in a terrible hole. Please do not write my inn. "And again on June 15: "Shall call and see you next week, sorry keeping you waiting." They are addressed from Waterloo Road. He did not call, I have never received my money.

Cross-examined. I think I got an answer to any letter I wrote to him. I always addressed them to Waterloo Road. I sent one to an address at Victoria. This is the first cheque I have ever cashed for him. The solicitors for the prosecution invited me to attend the court and give evidence. I wrote to Robertshaw to say I had changed a cheque and could not get it passed through the bank.

Similar evidence was given by WALTER WARRINGTON MONTAGUE SMITH, THOMAS CHUBB, FREDERICK JAMBS ASHDOWN, HENRY CROSS, and ARTHUR CECIL ALLDER.

WILLIAM EDGAR COOK , summoning officer, Southwark County Court. On February 20 last I received from the Croydon County Court a summons in a case of Wright v. Trainor. The defendant's address was 91, Waterloo Road. I called there and was told that defendant was not living there, but that he had his letters addressed there. I also received from the Edmonton County Court a summons in Richard V Trainor. The same address being given. I was unable to serve other summons.

Cross-examined. I called at 91, Waterloo Road between 12 and one o'clock. I returned the summons because he was not living at the address.

GEORGE PETHEBBRIDGE , manager, Parr's Bank, Teddington branch, Prisoner had an account at our bank up to May this year. We then closed it, because it ran out. We wrote the defendant on May 20, "In view of the irregular manner in which your account has been recently conducted, we are not prepared to allow it to remain on our books any longer. We would point out the risk you incur should you draw any further cheques on this account after receiving this letter." On January 12 and 15 it was overdrawn 19s. On January 27 there was a balance to credit of 8s. lid. Up to March 9 there was no change. I remember writing a letter on January 2 in reply to his request for his passbook. We sent the passbook on the 4th; on the 5th he wrote, "Thanks for book, £2 2s. enclosed, please credit my account and send book here. His account was 19s. short on January 5, after crediting the £2 2s. We wrote him to that effect. We received a letter on January 18 from defendant," £7 10s. enclosed. Please credit my account. I expect £500 on Saturday, half my patent electric car. These fellows are regular messers. Please send me a cheque book." His account then showed £6 11s. to credit. We wrote that we were not prepared to send him a further cheque book as he ought not to be without a few forms.

Cross-examined. I believe defendant paid £80 in in October last. He has banked with us over seven years. In 1908 he paid in £1,088. I knew there had been trouble that led to a case at the Assizes in consequence of which he had been put to great expense. I know also there were certain proceedings last year in a police court, which again involved him in expensive litigation. I should say that would to some extent cripple him. It was after that that his account began to get on the wrong side. He received, to my knowledge, a cheque for £80 that was dated January 15 which, if it had been met, would have put his account well in credit. He told me that the person who had drawn it in his favour had asked him to hold it over. He sent it to us for presentation on April 19. It was dishonoured. On January 21 I granted him a cheque book. He called on me and explained, as I believed, his position, and I thought there was a prospect of money shortly coming. Up to May 20 his account was open with us. Since then he has not attempted to draw a cheque on our bank.

Detective-sergeant JOHN BISSELL, P Division. On June 26 I saw prisoner at 38, Berwick Street, Pimlico, and told him I had a warrant for his arrest for obtaining the sum of £2 10s. from Mr. Montague Smith on February 1 last. He said, "Yes, I have been expecting you; who is Smith?" I said, "Manager to Humphreys, house furnishers, in Rye Lane, Peckham." He said, "Oh, yes; I know; this is my late employer, Robertshaw, doing this. He is trying to crush me. I am sorry you have come to-day, as I was going to make myself a bankrupt on Monday, and the people I have given cheques to would have been creditors. I am expecting a lot of money for an electrical patent I am bringing out if I can form a company.

(Defence.)

PATRICK E. TRAINOR (prisoner, on oath). I have been with Robert thaw 25 years. I have been working for them on terms of £1 a week and commission, paying my own expenses. The £1,000 I paid into the bank last year was not all commission. I have been earning over £700 a year for 10 years. I had domestic troubles that led to a case at the Assizes, and there were subsequent separation proceedings last September which cost me a lot of money. I invented and patented two years ago a process which I placed in the hands of patent agents. I had reason to believe that would be floated as a company. For some years my commission has been overdrawn. In the winter time business was bad, and I had to pay ay own expenses. In January last Mr. Robertshaw made an arrangement as to the overdraft; he was to deduct £1 instead of 30s. a week. They deducted in three months £86 from my commission instead of £14 10s. The bank manager's story is correct. The cheque for £3 which Mr. Cooper cashed I thought would be met; a man owed me some money, and I had an £80 cheque paid me which I expected would be met. I also expected £100 from my brother. He had advanced me £100 and promised me another £100, but he lost £1,700 in a London music-hall which closed in January. I have used the address at Waterloo Road over 12 years. My firm used to write me there. When I lived at Teddington I left before the post came in and did not get my letters till I came home at night; I therefore went to this shop and asked if they would take my letters. I used to call for them every morning when I came to London. They sent them on to me if I was in the country. Up to February 24 I had every reason to believe the cheques I had drawn would be honoured. The bank did not close my account till May 20. I did not tell the officer I should pay my creditors in the bankruptcy. I told him that all the creditors would be paid. I said I was thinking of going through the Bankruptcy Court, but that the creditors would be settled in full out of my patent.

Cross-examined. In January I was living at the Bedford Head Hotel. I had been living there on and off about six months. I used that address for business and private correspondence. I was not always there. I was living in Brighton in January; 91, Waterloo Road, was always my address for customers. In January I owed Robertshaw's £154. It was not £450. My wife owed him £450 on a bill of sale. She used the money to buy furniture. I was not living at home. Mr. Jonas, who gave me the cheque nor &80, owed me £17 for money lent at different times. I had no security. I do not know where he is now. I saw him two days before I passed the cheque in. He promised to let me have the £80 to settle up what I owed for the separation order case on January 5 or 6. He said he would let me have it in a few days, but he would have to see about his banking account. I did not think my banking account was overdrawn then. I know I had not much money in toe bank. I got the £100 from my brother on December 1. I paid

£80 into the bank. He had said he would lend me £200. I did not draw any cheques on the expectation of the other £100. I expected Cooper's £3 cheque of January 12 would be met out of the £80 promised by Jonas. I believe Cooper would have given me the £3 if I had asked him. I got Jonas's cheque on January 15. He told me not to pay it in till the next day. I wrote right away to Mr. Blake. The other cheques were drawn on the strength of this £80 cheque being met. Jonas kept telling me he could not meet it and I was to hold it over. I was expecting the £100 from my brother as well, I think I got cheques changed for about £48 altogether. The reason I wrote Robertshaw's that I had cheques for £200 out was that I used money they sent me to pay other cheques out, and when I asked for £5 they would send me £1. They kept me short of expenses. They waited until they got me crushed right down and then took my commission from me. I say I owe them nothing. I draw a distinction between my indebtedness to them and my wife's. At the end of 1906 I had 30 cheques out for £80. I paid all those.

Re-examined. My wife gave a bill of sale for £450 and my firm sold the furniture up for it. They lent her £550 before, which she paid back. She knew Mr. Robertshaw very well. The house and furniture was hers. My brother knew I was in immediate want of the £100 and said he would advance it as soon as he could. I expected my firm to pay me more than they did. They deducted £70 in three months from my commission. I also expected £500 from the patent. Instead of saying, "I have just had a cheque returned," I ought to have said, "I was asked to hold the cheque over." When I wrote to Mr. Cooper I had not got Jonas's cheque, but he had promised to let me have it. I used the same expression in all cases. Verdict, Guilty. The Jury added that they would like to ask for leniency on account of prisoner's 25 years' service. Prisoner was released on his own recognisances in £20 to come up for judgment if called upon.

BEFORE THE RECORDER.

(Thursday, September 16.)

Reference Number: t19090907-94

LEUTY, Frederick (61, chef) ; feloniously shooting at Arthur Pearce, William Baker, and Richard Black-man, with intent to do them grievous bodily harm.

Mr. Travers Humphreys prosecuted.

On July 21 a Miss Buller, acting as agent for the landlord, went with Blackman, the caretaker of the artisan dwellings in Netting Dale, in which prisoner has been living for three and a half years. He barricaded the door with furniture and refused to open it and had provided himself with a large-bore revolver and thirty or forty ball cartridges. When the caretaker attempted to force the door prisoner fired the revolver twice. The police were summoned and

Constables Baker and Pearce, in endeavouring to get inside, were fired at by prisoner, who in all fired seven shots. Then the police obtained sledge hammers and broke the door open. One or two of tie shots, it was said, passed within an inch or so of the officers. The Recorder said it was his duty to tell prisoner that if he fired the revolver that would be a common assault.

Prisoner. I was in my own room.

The Recorder. So you may have been, but if you fired the revolver, as I understand you to say you did, that would be an assault. You are charged in this indictment with a most terrible offence, but, it no one was injured, there may be some doubt whether you fired it Police-constable Pearce personally. I think we might dispose of this case on another indictment charging you with assault. Mr. Travers Humphreys saw no objection.

The Recorder told prisoner he was trying to assist him, because, tasking into his room was a most illegal and most improper proceeding, the enactment against it dating from Richard II., and he would direct the Jury to acquit him of the felony. The Jury accordingly returned a verdict of Not guilty and prisoner pleaded guilty of a common assault.

SIDNEY REGINALD DYER , medical officer, Brixton Prison, said that prisoner had been under his observation since July 22 and was of the weak-minded, alcoholic type. He had very much improved since he had been unable to get too much to drink.

Mr. Travers Humphreys said Miss Buller was asked at the police court why she did not go to the police, court and get an ejectment order and she replied that she thought removing the door would be sufficient, as it had been in other cases.

The Recorder. It is a very serious matter, because it is really committing a breach of the peace for people to go and smash a door it without they have a warrant.

Inspector TAPPENDEN said that Miss Buller had explained to him that she thought it much better to have the door removed than to put the men's goods into the street.

The Recorder. I dare say she did, but, at the same time, she was emitting a breach of the law.

Sentence was postponed until next Sessions, in order that further observation might be kept upon prisoner.

Reference Number: t19090907-95

BALDWIN, Leonard (24, salesman) ; stealing divers moneys Wanting to the sum of £56 15s., the moneys of George Frederick Percey, his master.

Kr. Barrington Ward prosecuted; Mr. Temple Martin defended.

GEORGE FREDERICK PERCEY , furniture and household requisite dealer, 80, Railton Road, Herne Hill. Prisoner was in my employment as salesman. I also employ a lad of 16 or 17 years of age. On August 9, about a quarter past 12, I left my shop at about 11.45 a.m., leaving prisoner there alone. Before leaving I had been to my safe in which were bags of money, containing about £60, which I had put in there the previous Saturday. I locked the safe up andss

put the key in my trousers pocket. I have two keys; the duplicate was in my coat pocket on a bunch of keys. I left my coat in the shop and went out in my shirt sleeves to lay some linoleum at a house distant about 120 yards. Prisoner knew the reason of my going out. The laying of the linoleum would occupy about an hour and a half. I returned between 1.15 p.m. and 1.20 p.m. Entering the shop I found no one there. I looked out at the back and went into the shop again. I then heard a noise upstairs and went upstairs to see how it was caused. In the showroom on the first floor I found prisoner lying on his back with a handkerchief over his face and a rope round his legs and his body. His arms were within the rope. He was gasping as if for breath. I did not notice anything in his mouth at that time. Beside him on the floor were his watch and chain. I saw no signs of a struggle. The room is full of furniture with the exception of a space in the middle over two yards long and not a yard wide. Around the space there was an overmantel, a tray of drinking glasses on a music stool all intact, and on the other side china, all undisturbed, too; at his head an empty glass aquarium on a stand Leaving prisoner as he was I went to the baker's shop next door. I was much taken aback and asked for some water. Seeing a constable in the street, I came out of the shop without waiting for the water and met the constable, and went with him to where prisoner was lying, still in the same' position. Removing the loose part of the handkerchief from his face I noticed that it was jammed in his mouth. I removed it myself; it was an ordinary linen handkerchief. I sent the lad for a doctor and Dr. Hutchinson came. I was not present when the constable unroped prisoner. When I afterwards looked at the safe I found the bags of money had gone. There was some gold in a cigar box at the back of the safe; that had not been touched. I then went to my coat to see if the key was there and found it in the same pocket as I had left it in, apparently unmoved. There are only these two keys of the safe in existence. I am sure that when I last went to the safe, in addition to turning the handle, I also locked it. The rope with which prisoner was bound was mine; I am quite sure about that; it was kept in the back yard and was used with the furniture barrow. After prisoner was released he did not I resume his duties that day; he went home about five o'clock, having in the meantime been detained by Inspector Ward; he was not in custody. The same afternoon I saw Detective Hawkins, who came about two o'clock. The following morning prisoner presented himself at my place of business. I told him I could not have him back again. He replied that it would upset his mother and spoke about a reference. I said I could not give him one. He said the only chance of my finding the money was to search the place thoroughly and he said, in the event of your finding it I shall be suspected." I next saw him the same evening at the front door of the shop. He had previously asked my lad whether we had lost anything else. I told him I had not. He again asked me if I would give him a reference so that in the morning he could go for a situation. I said I could only give him a personal reference. He said he had been to Piccadilly Circus ands

was going to Streatham in the morning. I asked him, "Why?" He said, "I might see the man." On the following day (Wednesday) I found the money hidden through a hole in the w. c. pan, partly under the pan and partly under the seat. The w. c. is on the half landing just outside the saleroom, where prisoner was lying. There was no one with me when I found it. The money was in two bags as it had been taken from the safe. I communicated with the police and prisoner was taken into custody in Railton Road. I was at the police station when he was charged.

To the Recorder. I said before the magistrate that Railton Road is a thickly populated road and a route for omnibuses, motors, and horse traffic.

Cross-examined. I understood that prisoner had been in various situations before he came to me. He lives a few turnings away from the shop. I have heard that his father has been for 18 years coachman to a well-known King's Counsel. Prisoner's average earnings have been 26s. 3d. per week. I have another shop in Coldharbour Lane, and while I have been away from Railton Road prisoner has been in charge there. While I was away on my holiday prisoner was left in charge, and handed me over £19 or £20 on my return which he had taken. I cannot say how much money there was in the cigar box, perhaps £10 or £12. There was also a little money loose in a drawer. Prisoner offered to go and lay the linoleum himself. He told me the struggle took place just inside the door of the room upstairs. I know it is suggested that he was selling a bedstead at the time. The bedsteads are on the left-hand side of the door. If prisoner was struck a blow in that position there would be no breaking of glass. His allegation is that he was struck two blows in the stomach, rendered insensible, gagged and bound, and then placed in the space in which I found him surrounded with glass and china.

Police-constable DAVID DAVIS, 545 W, proved a plan of 80, Railton Road.

Police-constable JOHN HENDERSON, 180 W, the officer referred to in prosecutor's evidence, corroborated him as to the position and condition in which prisoner was found. Witness having unroped prisoner, asked him what had happened. Prisoner replied, "A tall for man came into the shop and asked to see a bedstead; I took him upstairs into this room, and when turning round to show him one he struck me a blow in the stomach, and before I could recover he struck me another one which knocked me senseless; I remember no more until you came here." Witness noticed no marks of violence about prisoner, except a redness on the wrists. There were no signs of a struggle in the room.

Dr. CYRIL HUTCHINSON, 90, Kellet Road, Brixton. I was called to the house about 1.30 and saw prisoner; he had then been undone; he was perfectly conscious; there were no signs of recent unconsciousness; there was nothing to show that he had been assaulted; I found no signs of his having been forcibly gagged.

s

At this stage, Mr. Temple Martin said that he had spoken to his client, and, on his advice, prisoner would with draw his plea, and plead guilty.

Judgment was postponed till next Session.

Reference Number: t19090907-96

WEITZMAN, Lazarus (28, hosier) ; with intent to defraud his creditors, unlawfully making a transfer of his goods, value £300, to Solomon Finck; being adjudged bankrupt, unlawfully and with intent to defraud his creditors, did not to the best of his knowledge and belief disclose to his trustee how he had disposed of his property; and unlawfully after the presentation of a bankruptcy petition by him, attempting to account for part of his property by fictitious payments of £70 to M. Speclor and £72 to S. Broknacher.

Mr. Trevor Bigham prosecuted; Mr. Travers Humphreys defended.

GEORGE SPENCER MILNES , messenger, London Bankruptcy Court, produced the file in the defendant's bankruptcy. The receiving order was made on February 4, 1909; the statement of affairs showed liabilities £1,418 11s. 9d.; assets nil.

CHARLES E. ROBERTS , examiner in the Official Receiver's Department, produced transcripts of the prisoner's preliminary and public examinations. (In the course of the latter prisoner swore that early in 1908 he sold his business for £300 to Finck, a moneylender and jeweller; there was stock to the value of £270 and £150 worth of book debts. Finck paid £200 in gold and £100 by cheque.) Prisoner also furnished witness with a cash account and his banker's pass book; the entries in the latter did not correspond with the former. There was no trace in the pass book or the cash account of the receipt of the £300; the account showed entries of payment, for "money lent," of £70 to Speclor and £72 to Broknacher; there were no corresponding entries in the bank book. A few days ago witness visited prisoner's premises, and saw him apparently carrying on the business; he told witness he was managing it on behalf of Finck.

Cross-examined. I do not remember prisoner saying that he was managing the business for Finck "over the holidays." Prisoner's story at the preliminary examination was that he sold the business for £300 in order to purchase a haberdashery business, where he would not require so much capital; he mentioned the name of the solicitor who carried out the transfer and could vouch for the receipt of the money by Finck. He said that he had used the money in paying rent and rates, two trade creditors, £96, and one cash creditor £70; subsequently he gave the names of Speclor and Broknacher as the creditors whom he had paid. No proceedings have been taken to set aside the sale to Finck.

DAVID SMART , clerk, in the Eastern branch of the London and Western Bank, produced a certified copy of prisoner's account.

Sergeant HENRY BROOKS, New Scotland Yard. On July 20 I arrested prisoner at the offices of his solicitors; on the warrant being read to him he made no reply. Prisoner had made an appointment to attend at his solicitor's office for the purpose of surrendering.

Mr. Travers Humphreys submitted that there was no case to go to the Jury. There was-no evidence before the Court as to the circumstances of the sale, except that of the defendant himself. No case had been made out of conspiracy between the transferor and transferee, such as would bring it within the statute 13 Eliz., c. 5, s. 2, nor was there the evidence of intent to defraud, which was necessary in an offence under the Debtors Act, 1869, Section 13.

After hearing Mr. Bigham, in reply,

The Recorder said that, though there were circumstances of some option, there was really no evidence of intent to defraud, and he accordingly directed the Jury to return a verdict of Not guilty.

BEFORE THE COMMON SERJEANT.

(Thursday, September 16.)

Reference Number: t19090907-97

ROBERTS, Frederick Albert (31, engineer) ; obtaining by false pretences from Pelham Cayzer Womersley a certain valuable security, to wit, a banker's cheque for £100, and £40 in money; from Harry Gordon £100 in money and a certain valuable security, to wit, a banker's cheque for £100, in each case with intent to defraud; having been entrusted by the said Pelham Cayzer Womersley and the said Harry Gordon with the said money and valuable securities Monties for safe custody, did fraudulently convert the same to his own use and benefit.

Mr. W. H. Leycester prosecuted.

PELHAM CAYZEE WOMERSLEY , patent agent. I formerly carried on business as a draper and outfitter; on October 1, 1907, I had given up the business and was then looking for employment when I saw the advertisement in the "Daily Telegraph "produced for "Manager not over 50,"etc., "must be prepared to deposit £200 as security; no bonds accepted," etc. I wrote to the address given. I received an answer, and saw prisoner at 49, King William Street. He explained to me the business—that he took out and sold patents, and that he wanted me to be his manager—that I should have to interview clients, that large sums of money would pass through my hands, and that was why he wanted the deposit. I suggested that sone society should be the guarantee for me, but he would not agree to that as he said he had been robbed of £400 by a former man who was guaranteed; that the case had gone to the courts and he had lost the money. He also objected to the money being put into his bank in our joint names, because he said he could not get the money without my signature. On his having given me references, from whom I obtained satisfactory replies, I agreed to let him have the money. He told me he had been in those premises 12 years, that he

was worth £6,000, that his business was bringing him in £3,000 a year, and was a good going concern. I eventually paid him only £140, £100 of which I paid him on October 25, 1907, by cheque (produced) on a joint account I had with Mr. Simmonds, at the Upton Park branch of the London and South-Western Bank The endorsement is in the prisoner's handwriting. He gave me receipt (produced), and on the same day I entered into agreement (produced), stating that I should pay him £150, to be deposited in the bank and not to be with drawn for six months; we had no conversation about that, but it was perfectly understood. There was no further agreement; it was not convenient just then to pay him the £40, which I did between October and Christmas in different cash sums of £10. On the last payment I received receipt produced for £40. I entered his service on November 1. Besides myself there were Lewis, the clerk, and the defendant doing work chiefly writing to clients. I went out several times taking round specifications and models, which were brought in by clients, and trying to sell various patents. I sold one patent belonging to a client to a firm who bought the British patent for £40, with the option of purchasing the German patent, which they eventually did for a further £40 Till August 1, 1908, when I left, no other patents were sold that I know of. There were no model-making shops in connection with the business. I never received any money either in cash or cheques except money to buy stamps. I only once had money belonging to clients passing through my hands—that was when prisoner was ill for some weeks it amounted to less than £10. On March 25, 1906. I gave him written notice, my copy of which is produced, that at the end of one month all wages, amounting then to over £7, must be paid, that the £140 with interest at 3 £ per cent, per annum most be returned, as well as the commission on the profits of the business. At the end of the month, on April 25, he told me he had spent the money, and that he would pay me as soon as be could, I stopped on in the hope of getting it. On April 28, 1908, Lewis and I together signed agreement (produced), that in consideration of 5 per cent, interest in prisoner's share in the Ashton Improved Straight Pull Bolt for rifles we agreed not to incriminate prisoner in respect of my deposit £140 and Lewis's £100; also that if the patent was not disposed of we could not incriminate Roberts, but reserving the right to institute legal proceedings against him if the deposits were not refunded. Lewis is now in Burmah, British India. I asked several times for my deposit, but never got it. Lewis and I left on August 1, when there was over £27 salary owing to me. I asked prisoner several times for it; he did not pay it, and said he had not got it. I brought an action against him. I never got anything under the judgment (copy produced) for £140 and £4 14s. costs, and I made him a bankrupt. I never received any money as my commission. Some weeks I only got 2s. 6d. or 5s. of my salary I parted with my money because I believed the man was honest and the business a good one, being influenced by what he said about his financial position.

Cross-examined. When I went there first it was a genuine business, but not when I left; clients brought specifications of patents, but they were not taken to the Patent Office and stamped as they should have been. There were about 15 patents not registered when I left, of which I have heard; several of those are now registered. I have no proof except what prisoner told me that prisoner was robbed by a former employee or what prisoner's wealth was. I did not start a similar business at 72, Cheapside till six months afterwards. On the circular produced I recognise 18 names as representing business done. Address book produced contains the names of people we have written to, with whom we got into communication by advertising in the daily papers; it does not show that there was business done. I never took names and addresses from this book, which I used in my own business. I wrote a letter to a Mr. ✗Spurni after the prisoner had refused his business, while in the prisoner's employ. I was one of the Committee of Inspection over prisoner's estate in bankruptcy. The housekeeper who kept the prisoner's offices clean used to come and see me at my offices. The Fitzgerald quick-firing machine gun came to the office soon after I arrived. I was with the prisoner during the exploitation. I believe the price asked was £250,000. I was witness to the commission note (produced) from Major Fitzgerald agreeing to pay prisoner 10 per cent, on the money received for the patent; to accept £50,000 if sold to the British Government or an English firm, but if to a foreign, the lowest price be £100,000. I recognise cutting from the "Evening Standard "exploiting this gun. We tried to sell the gun to the War Office, but they would not have it. The "Evening Standard" published an account of the gun from particulars we supplied, and, I believe, assisted the prisoner financially, and we arranged for a public test. I saw some of the cuttings and placards produced. I recognise invitation cards produced as those, of which about 400 were sent out, for the test at Nunhead. I never remember receiving a commission note from the prisoner, but he verbally promised me 5 per cent, of his profits. We had circular produced printed in connection with the Ashton rifle. As far as I know it was only sent to the War Office, who had not decided when I left. I believe £50,000 was the price asked for the rifle, of which the prisoner was to get 10 per cent, and Lewis and I were to get 12 £ per cent, of the prisoner's profits, for which we got commission notes. I recognise copy produced of letter from prisoner to Colonel Egerton arranging for a visit to Hythe. Mr. Aaton and the prisoner went down there. I believe prisoner received financial assistance from Mr. Laird, of the Australasian Bank, in the matter of the Ashton rifle. I never accepted shares in F. A. Roberts, Limited, in settlement of my claim, nor did my solicitors draw up to my knowledge an agreement to that effect. I think efficiently of prisoner's business to start business on the same lines. There was nothing improper in his business, which consisted altogether in taking up patents and selling them.

Re-examined. I say the business was not genuine afterwards, because the prisoner took cash from the clients for taking the patents

out and getting them stamped and then left them about the office for many weeks and months before they were completed. I begin to notice that things were not very right soon after January, 1908, I do not know what prisoner used the money for he put it in his pocket. It seemed a genuine business up to January. Major Fitzgerald's patent came into the office about a week or two after I arrived; it was dropped early in the New Year. When I saw the day book produced there was nothing in it, now there is a lot in the prisoner's handwriting. In December, 1907, I recognise account produced as an account of what took place at the test of the Fitzgerald gun, which shows that the money received for the purposes of this test amounted to £80 5s. During the whole time that I was there no profit was made out of this gun, and in January, as far as I know, it was abandoned. I do not know when the War Office refused the Fitzgerald gun, it must have been sometime between November, 1907, and January, 1908. I never heard any more of it after May, 1908. The one patent I sold was for a Mr. Gover. Entry in day book produced in prisoner's handwriting, dated November 25, 1907, when I sold the patent, shows it as having been sold for £50. I cannot be sure, but I thought it was £40. It shows on the other side that, out of the £50, £42 10s. was paid to Gover. I know nothing of the entry prisoner speaks of about my £140 being invested.

ARTHUR W. H. MAYILL , clerk in the London and South-Western Bank, Upton Park. In October, 1907, Womersley had a joint account with Mr. Simmonds at my bank. Cheque produced for £100 endorsed by prisoner was cashed by me in nine £5 notes, one £50 note, and £ 5 in coin.

HARRY GORDON , electrical engineer. In September, 1908, I was out of employment. I had £200 in savings. On September 25 I answered advertisement in the "Daily Telegraph" (produced) for "Young man as manager, salary £130 and commission, must be prepared to deposit £200. No bonds," and saw prisoner on September 29, at 49, King William Street. He asked me about my experience, and I told him I was an electrical engineer, and the different work I had carried out. He said that was satisfactory, told me he was a patent agent and expert and consulting engineer, and showed me correspondence from the War Office, to whom he said he had sold a quick-firing gun for £250,000; that his commision on that was £40,000, and that he had paid his late manager £400 for one year's share at 2 £ per cent, commission on the net profits of the business He said that he had several houses at Hampton Court, in one of which he lived in the summer, and houses in town, in one of which he lived in the winter. He also told me had bought 49, King William Street, that he had been there twelve years, that he had a good business, that he kept model-making shops near Waterloo Bridge which I should go over on some future occasion, and that he was worth £20. 000. He then asked me if I would fetch my testimonials, which I did. He said they were highly satisfactory, and offered me the appointment to be his manager and cashier—to take charge of the cash and cheques, and stated that frequently £50 was paid in at

One time for getting out patents for inventors. We referred to the £200 deposit, and I suggested that an insurance company should guarantee me; he said he would not accept that, as a previous clerk had done him out of some money, and he could not get it back again I agreed to accept the situation, and the next day paid him £100 in cash, for which this is the receipt produced. A day or two afterwards lettered into a written agreement with him, appointing me manager at a salary of £130 and 2 1/2, per cent, commission on the net profits of the business, I deposited £200 as security, to be returned on leaving; that if after the expiration of three months either party was dissatisfied I could leave at once, or that I was to stay twelve months, with six months' notice. I started work on September 30, when I said the first £100, and I paid another £100 on October 29,1908, by cheque (produced) for £111 9s. 3d., payable to me by a building society, the prisoner paying me the difference—£11 9s. 3d. I did general office work, I was never concerned in the sale of any patent; some models were made while I was there by a firm in Aldersgate Street, but not at shops belonging to prisoner. I asked to ate over the shops a few days after I went there, but he returned me an native answer, and I never saw them nor did I ever find out what their address was, or ever heard of them again. A few pounds from time to time passed through my hands, the largest amount being £18, to take out eighteen patents on the morning I arrived there. On October 10 the business was turned into a limited company, and I was one of the seven signatories of the memorandum of association; I entered into a new agreement on November 22 with the company, as the prisoner said it was necessary (produced). That appoints Roberts as managing director, and is signed by prisoner on behalf of the company, by "O. E. K. Roberts, a director," the prisoner's father, and by "R. W. Brown, director and secretary," who was a draughtsman and engineer, employed in the office when I was there. Paragraph 4 states "That the said H. Gordon shall pay F. A. Roberts the sum of £200, and shall receive 200 £1 shares in the company at investment thereof"; when I signed it. it read "as security therefor "instead of "as investment thereof." When I entered into this agreement I returned the old one to the prisoner, and I have not seen it since. It had never been suggested apart from that agreement that if should take shares in the company, nor had I ever any intention of doing so. The later agreement I took home for one night, then fought it back, and it was left in an unlocked drawer in the desk which used, where it remained until I took it away when I left. I did not notice the alteration until I took it to my solicitor after I left. certificate produced 200 shares in the company, and dated November 2, 1908, the date of the agreement, was put in one of the drawers of the desk at which I worked in the office, overnight. I did not see put in, I found it in my drawer about a fortnight after I had signed the agreement. I asked Roberts why it was put there, and he said it was simply as an additional security for my money; I have never received any dividends on those shares. In letter dated November 4 (produced) I gave prisoner notice that I wished to leave in a

month; he said, "Very well," and that I could have a cheque for £200 at once if I wished it; I said I was willing to wait until I left. Just before I left I repeatedly asked him for the money, and be continually promised it to me. I left on a Saturday, I think November 30, he promising to pay me my money on Monday morning if I called, which I did, when he told me he could not pay me as he had been lending money to some friends. Since then I have only seen him at the Mansion House. I have employed a solicitor, but never got any of my money back. I parted with my money because of his statements. Counterpart agreement produced is signed by me, and has been altered in the same way as the other one.

Cross-examined. The two altered agreements are typed, one being a carbon copy; two other persons were present when I signed it. I was not investing my £200. I put the agreement in the drawer, of which I had a key, where the cheque book and stamps were kept. Prisoner agreed to give me 5 per cent, further commission. I signed agreement that the shares were to be security—I never accepted the shares as an investment. I signed as a signatory to the limited company.

THOMAS ALFRED DIMES , clerk, London County and Westminster Bank. Gordons cheque for £111 9s. 3d. produced has been honoured by my bank.

ROBERT HENRY GILES , 53, Heygate Street, Walworth, French polisher. Prisoner lodged at my house from December, 1907, occupying a make-up bed in an empty room let to another lodger. From October 12, 1906, he paid me 3s. 6d. a week.

Cross-examined. Prisoner came there with the other lodgers, who were his friends. He owes met a little over £1.

ARTHUR EDWARD LANGTON , clerk to G. and W. Webb, 3, Devonshire Square, solicitors to Mrs. Gray, owner of 49, King William Street. I produce agreement with the prisoner of March 25, 1907, letting a room on the second floor at £30 per annum. We had to distrain for rent on two occasions in 1908.

Cross-examined. I believe prisoner had the first floor previously to that agreement.

THOMAS ANGEL ROBERTS , clerk, Companies Registration Office, Somerset House. I produce file of F. A. Roberts, Limited, registered as a company October 10, 1908; directors, F. A. Roberts, R. J. W. Brown, and O. E. K. Roberts, Brown being also secretary; Harry Gordon being one of the signatories; registered office 49. King William Street; capital £3,000, £1 shares; consideration to F. A. Roberts, 2,792 shares and £208. The return of allotments shows O. E. K. Roberts 2,001 shares; F. A. Roberts 753; R. J. W. Brown one share; and H. Gordon. 201 shares.

PERCIVAL ALLEN CURRIE , St. Ives, fruit grower. In February, 1908, I was seeking fresh employment, and answered prisoners advertisement in "Daily Telegraph" of February 13: 'Required smart intelligent young man about 25 for responsible City berth—place of trust and secretaryship. Must deposit £250 as security No bonds. Write to Novelty, 49, King William Street, E. C." I

saw prisoner at that address on February 15. He said he would accept me if I could pay the £250. I said I could not do so till March 2. He asked me to pay a deposit of £10, which I did. was to be manager and cashier, and prisoner said the amount of money passing through my hands would be £500,000 annually; that his business was worth £5,000; that his bankers, the London and County Bank, would not allow his account to be drawn below £500 that he lived at his own house at Molesey, and that he owned a house at Kennington. I was to receive £2 10s. a week, rising to £5, by given date. Prisoner handed me receipt produced. On Monday the 17th, I had changed my mind, and called at prisoner's office—he was not in; I saw him on February 21, when I said I had lost confidence him, and desired my £10 back. He agreed to pay it, but said I most write stating that I did not intend to take up the position, and he would instruct his cashier to send me the £10. I made three written applications, and not receiving the money obtained judgment (produced) in the City of London Court for £10 and costs £3 4s. 6d. I afterwards proved in prisoner's bankruptcy. I have received nothing.

Cross-examined. I lost confidence in prisoner because, after consideration, I did not believe his statements. The City Solicitor informed me he was prosecuting the prisoner, and asked me to give evidence.

PAUL SPENCER WILLS , messenger, Court of Bankruptcy. I produce file in prisoner's bankruptcy. Prisoner is described as an inventor and patent expert; receiving order made January 13,1909; adjudication February 18, 1909. The statement of affairs sworn by the prisoner shows liabilities £480 4s. 5d., creditors fully secured £281 18s. 4d.; estimated value of securities £321; surplus £79 112s. 8d.; creditors for rates, taxes, and wages £54 10s. 6d. Assets, 1464 shares in F. A. Roberts, Limited, value £464. Womersley is entered as an unsecured creditor for £140 and for £24 wages (preferential). There is no house property mentioned, the only assets being the 464 shares. Profits from January 25, 1906, to date of receiving order—nil.

Cross-examined. Prisoner's public examination was taken on February 23, 1909, and is signed and filed on May 31.

HENRY STORR BERRY , examiner, Official Receiver's Department. I have investigated prisoner's account in his bankruptcy. Prisoner handed me day book (produced) stating that it was his only book account, and that it contained all receipts and payments, and was written up by himself. I have prepared analysis from May, 1907, to October 29,-1908. It shows receipts £490, being, "May 27, Newman's investment, £50 for two months, with £2 10s. interest (or at the rate of 30 per cent.); July 22, Lewis, £100." On that day Newman was paid £52 10s. Then, "October 28, Womersley, as manager, tested at 5 per cent. £140; September 28, 1908, Gordon £100 (indent)." Over that is written, "200 £1 shares—5 per cent." It looks as if "Gordon, £100," had been entered and "Investment—200 shares at 5 per cent." had been put in afterwards. There is also entered,

"October 28, Gordon, £100." Those four items make up the item of £490 investments. The total receipts from May, 1907, to October, 1908, are £1,025 16s. 2d., including the above £490 and £181 4s. entered as "Loans or Advances." The business done in selling patents appears to be £56, and there is a profit shown of £126 But for the investments, £490, and loans, £181, the account would show a considerable loss. I have made an approximate profit and loss account showing that during that period the business was carried on at a loss of £491 4s. 7d.; thai is including the wages paid and not taking into account arrears. I produce pass book of prisoner's account with the London and County Bank from May 31 to December 31, 1907, showing total payments in £63 0s. 9d. and on December 31 overdraft £14 13s. 9d.

Cross-examined. I took prisoner's preliminary examination, and got his history from him and examined him on his accounts. Prisoner was afterwards publicly examined by the Official Receiver. The Official Receiver regarded it as a very bad bankruptcy; he did not pass the account. He would report to the Director of Public Prosecutions in case of fraud.

(Friday, September 17.)

Inspector COLMSON, City Police. On August 12 I received a warrant for the arrest of prisoner in respect of the Wormesley and Gordon charges. He was coming out of 38A, King William Street. Other officers were with me. I followed him to Fish Street Hill, when I stopped him and told him we were police officers and held a warrant for his arrest. I said, "It will be necessary for me to go back to your office, so if you will accompany me there I will read the warrant to you." We returned there and I read the warrant. He replied, "Oh yes; I know this case," and he was taken to Cloak Lane Police Station. I searched the office and found a number of books, of which this is a list (Exhibit 19). Amongst them were books used by him in evidence yesterday, and the original notice sent by Mr. Gordon to him—also Exhibit 16, Gordon's agreement of such Exhibit 12 is the duplicate—also a bundle relating to County Court and other legal proceedings, and two notices of distraint for rent of 49, King William Street.

To Prisoner: I had no trouble with you, and you assisted me in every way.

(Defence.)

FREDK. ALBERT ROBERTS (prisoner, not on oath) said there was really no case against him, and the prosecution was persecution. Womersley was employed by him as manager at a salary of £130, and he invested with him £140 at interest, which was to be returned as per agreement, at a certain date, but which he failed to refund; but he had certain business in hand by which Womersley would have benefited had he been successful. Womersley 'had admitted that the business was genuine but, like other businesses, it fluctuated Womersley started in business for himself at 72, Cheapside, after

leaving him, and took a copy of his clients' names with whom he dealt secretly, but he did not proceed against him under the Secret Commissions Act, as he might have done. Womersley then fired another shot him by civil proceedings to recover the £140 he deposited, and then made him bankrupt, but lie had formed his business into a limited company eight months before. In regard to Gordon's case, a more wicked one could not be conceived. He engaged him at a salary £130, but he had to find £200, for which he received 100 £1 shares in the company. It was stated he would receive 200 shares as soon as the company was floated; that agreement Gordon destroyed. He (prisoner) wanted to stamp across the provisional agreement "cancelled," and keep it, but Gordon said he had better destroy it. The agreement was duly executed at a board meeting one evening. Gordon took the agreement and shares home, and they kept a duplicate copy. Two days after he fell into a fit of temper because he was called to go on an errand. He said he was not an errand boy, and went to sis desk and wrote and gave him a notice. He stayed the full month of the notice and then left. Borne months after he had a letter from Gordon's solicitor asking that his £200 should be refunded, to which he replied, referring them to the agreement, and nothing more was heard of it for nearly twelve months, and he contended that the books showed that Gordon was never a creditor of his, and that he never personally had a penny of his money, but upon his rambling statements. which the jury had doubtless noticed, warrants were issued for his arrest, upon which he had already been in prison five weeks. Gordon, said lie became suspicious of the business, but yet afterwards, invested £200 in it, which showed that he left it, not because he was suspicious, but because he got in a bad temper. Prisoner pressed the fact that those who bad associated themselves with him in his business did so as a speculation, and had he been successful in selling the Gerald gun invention the commission on the sale would have amounted to £25,000. In regard to certain erasures in the agreement, he contended that they existed in the duplicate he had as well as in the original held by Gordon.

Verdict, Guilty.

THOMAS WALTON (warder, Wandsworth Prison). At South London Sessions on June 22, 1905, prisoner was found guilty of fraud and sentenced to 15 months' hard labour, and at the South London Sessions October 10, 1900, he was found guilty of housebreaking and sentenced to nine months' imprisonment. Sentence, Fifteen months' hard labour.

BEFORE JUDGE LUMLEY SMITH.

(Thursday, September 16.)

Reference Number: t19090907-98

MOTE, Arthur Charles (48, parkkeeper) ; indecently assaulting Maud Green; indecently assaulting Alice Plummer . Verdict, Not guilty.

Reference Number: t19090907-99

ROSCORLA, Thomas Henry (39, barber) ; attempting to carnally know Irene May Roscorla, a girl under the age of 13, to wit, of the age of 11 years.

Verdict, Guilty.

Sentence, Six months' hard labour.

Reference Number: t19090907-100

COOPER, Harry (28, coster) ; feloniously wounding and causing grievous bodily harm to William McClain; assaulting and resisting Arthur Steggals, a peace officer, in the execution of his duty. Mr. Bodkin prosecuted.

WILLIAM MCCLAIN , music-hall artist, 62, Lamb's Conduit Street. I was in my motor with my wife between half-past 11 and 12 o'clock on August 3, in Red Lion Street. The engine had been running badly for about half an hour. I ran the car up to the side of the kerb at the corner of Red Lion Street and Red Lion Passage. I had friends living at No. 61, Red Lion Passage, and I thought I would arrange the carburetter there. I rang the bell, leaving my wife in the car. I went in and saw my friends. When I returned my wife was arguing with some young men. Prisoner and several more were round the car, one was on the seat holding the levers, and another was in front. I went to the bonnet of the car, raised it up and was tickling the carburetter, when prisoner shoved me. I turned round and shoved him. 'He fell between the kerb and the car. He got up, put his hand in his pocket and struck me with something shiny, like a glass broke off, or something of that description. I was practically finished. I swung on to him and as I fell I held on, and he cut me in the angle of the jaw, in the right arm, and on the forehead. His pals were taking part to get him away and I got severely kicked by them. I bled terribly. Then Sergeant Steggals and Police-constable Wiltshire came to my assistance. A gentleman who was a motor-man said, "You will bleed to death; you had better go to the hospital." I could not start the car because my arm had gone. Sergeant Steggals said, "Go ahead; I will protect you." The crowd were very hostile. Police-constable Wiltshire assisted me to get the car started and I drove to the hospital with him and another police officer. My wife also came. I was attended to by the lady surgeon and told to go to a private physician, as there was danger of septic poisoning. I went to Dr. Gould and he is attending me now.

Cross-examined. I. do not remember saying at the police court that I did not see anything in your hand. I was then in pretty bad pain You only made three blows that told on me. I got about two dozen kicks and bruises. There were five or six of you there when it started. There was no quarrel; the only trouble was between you and I. I did not take you for somebody else when I pushed you down. I know there was a window broken. I do not just remember what I said in the police court. I did not see the window get broken. You cannot expect me to remember details like that when people are fighting and stabbing; it took me all my time to keep you from murdering me. Your pals were trying to get you away, but could not do it Sergeant Steggals did not go with me to the hospital. I next saw

him at the police station; I do not know whether it was inside or outside; my head was bandaged and both eyes were closed. I saw Sergeant Steggals while you were under remand. My wife was present on one occasion. I saw him the day after you were in court; he was with Detective Gough and another standing at the corner of Southampton Row. I spoke to all three of them.

CORDELIA MCCLAIN , wife of last witness. I was in the car on August 3. I remember stopping near Red Lion Passage. I was left alone in the car, sitting in the rear. I saw prisoner and another man, a cross-eyed, rather funny-eyed looking young man, coming on the right-hand side of the street. They looked up and saw me.

and they made the remark, "See the b——black in the b——motor car; we will take the motor-car." I did not say anything. One came to one side of the car, and one to the other. One jumped into the car and got hold of the lever to start the car. I said, "Please don't, you will start the car." They paid no attention. My husband heard the remark and came down. He said, What are you doing; get away; don't interfere with other peoples property; you don't know what you are doing." He went to tickle the carburetter, and as he did so the prisoner pushed him under the bonnet. He said, "Here, don't do that; get away." As he did that he pushed prisoner away, and they came into contact with a few blows. Prisoner stepped back as though he was going to stab my husband. After several stabs my husband stood in front of me; I said, "Look, Will, you are stabbed; look at the blood rushing from you." Before he struck my husband I noticed he had something in his hand; what it was I could not say, because it was so quickly brought out from his right-hand pocket. Sergeant Steggals came up and stepped on the car. He said, "What is the matter; go on and drive your car, old man, I will protect you." My husband went to the front of the car to start the handle bar. As he did that a young, smooth-faced man stepped up to Steggals and struck him blows on the head. Seven or eight men came and they rushed prisoner away down the street as if they were trying to get him away from the detective. Prisoner and the detective got to the ground; prisoner regained his feet first. They had quite a scramble and another detective came up and blew the whistle. I could only see a bit of the fight because I was standing in the car. Steggals was much beaten and kicked. Prisoner kicked him in the face; I thought his face was bashed in, and I put my hands to my face, saying,; Oh, it is too bad, they will really kill that man." When the whistle was blown two officers came up and arrested prisoner and another man.

Cross-examined. I was in the car when you kicked Steggals. It happened just a few yards away from the car. You were a little beyond the lamp-post and the back of the car was just by the lamppost. I think it was the second day you were charged that I was at the police court. I was only there once. I did not know I was wanted there on the 4th; I know nothing about police courts. I would not forget your face after once seeing it; I never forget a face. I do not remember you by the colour of your nose, but I

noticed the red vest you had on. You were the only man in the crowd at the time with a red vest. You were the one doing the work and naturally I was looking at you. I was not looking at the crowd to see how they were dressed. I did not look at your cap; I should not pay much attention to that. I did not see a window broken; I heard a glass break. I do not know that I saw Sergeant Steggals during the week you were under remand; I might hate. I am sure I saw something in your hand.

Detective-sergeant ARTHUR STEGGALS, E Division. On August 3 1 was passing through Red Lion Street with Detective Wiltshire. As I got near the corner of Red Lion Passage I noticed a motorcar with a lady sitting in it. I also noticed prosecutor on the pavement surrounded by about seven other men, who appeared to be in a threatening attitude towards him. I stood there and watched. I saw prisoner strike prosecutor in the chest with his fist; prosecutor then turned round and pushed him down. Prisoner got up, put his hand into his right-hand jacket pocket and appeared to get something out and struck four or five downward blows at prosecutor. I could not see whether he had anything in his hand or not. Prosecutor then came round to the back of the motor-car, when I noticed that his face was streaming with blood. I then told Detective Wiltshire to do what he could. I went after prisoner. Several men had got hold of him pulling him down Red Lion Street towards Eagle Street. I told him I was a police officer and should take him into custody for stabbing prosecutor, when he immediately became very violent. We both fell to the ground. He managed to get to his feet first by the assistance of some of the mob that was with him. He then made a vicious kick at me and hit me on the right-hand side of the face. I got on my feet. When Wiltshire came up we closed with him again. I told Wiltshire to blow his whistle, and shortly afterwards two uniformed constables came up and we handed prisoner over to them. At that time Wiltshire arrested another man for assaulting him by kicking him, but he has been previously dealt with. The next I saw of prosecutor was coming out of Red Lion Passage, where he had been in to get out of the way, with a towel round his neck saturated with blood. I endeavoured to do my best to get him on his motor-car so that he could get out of the street. I no sooner got on the motorcar than I was knocked of! and I had a rare fight to keep myself from being completely beaten. When I did get out of the street I was more or less unconscious. I walked in the direction of Southampton Row to go towards the police station.

Cross-examined. You made a very vicious kick at me. I had a long mark and a long, contused wound, and also swelling, which lasted five or six days. You aimed five or six blows at prosecutor. I do sot say they all struck him. I did not notice anything in your hand, I do not know the other pals that were with you. The man that was arrested was not cross-eyed. I did not see anything of a window being broken. I have heard since that one was broken at the greengrocers at the corner. I believe it was done that night.

Detective ERNEST WILTSHIRE, E Division. I was with last witness in Red Lion Street. I saw the car with the lady sitting in it. I saw prisoner in company with about six or seven more having an altercation with prosecutor, which lasted about two minutes. I then saw prisoner strike a blow at prosecutor, which caused him to stagger at the rear of the car. Prosecutor then went up to prisoner and pushed him down. When prisoner got to his feet again he put his hand in his right-hand pocket and made four or five very savage blows at prosecutor. I saw prosecutor was bleeding very much in the face and I advised him to go to a shop handy by. The next I was was five or six men trying to get prisoner down Eagle Street. I told them I was police officer when prisoner and Steggals were on the ground. Prisoner got up first and I saw him make a kick at Steggals's face. I caught him by the collar and felled him to the ground. I was being knocked about. I blew my whistle and it was a minute or two before assistance came. Cross-examined. I did not see anything in your hand. JANET LANE-CLAYTON, house physician, Royal Free Hospital. I attended prosecutor at the hospital about midnight on August 3. He had three wounds, one on the angle of the jaw on the left side, one on the right arm, and another on the forehead. I stitched the wounds on the jaw and arm; the other did not require stitching. I saw him on two occasions afterwards. The wound on the jaw might have led to serious consequences; it was half an inch deep. On one examination I found indications of septic poisoning. I felt certain a gland had been injured.

Cross-examined. I saw him as soon as he came to the hospital, he had not to wait at all.

Dr. WM. ROBT. GOULD, 11, Lamb's Conduit Street. I first attended prosecutor on August 9. The wounds on the forehead and arm were going on satisfactorily. I found the wound on the jaw was suppurating. It penetrated into what is called the parotid gland, which lies under the angle of the jaw. Its function is to provide saliva. The saliva was coming through the wound down the side of the face instead of into the mouth. That is a serious condition of things.

Police-constable MOORE, 370 E. Hearing a police whistle, I went to Red Lion Street. I saw Steggals and Wiltshire struggling on the ground with prisoner. I assisted in liberating them from prisoner. There was a very large disorderly crowd there. I arrested another man.

Police-constable DRIVER, 387 E. I assisted in taking prisoner to the station. He was very violent.

Cross-examined. You were violent nil the way. You looked sober. I did not notice any marks on your face.

(Defence.)

HAIRY COOPER (prisoner, on oath). About 11 o'clock I was walking through Red Lion Street on my way home. My attention was drawn by a crowd of lads and men. I had been drinking-was not quite

sober. When I got to this crowd I received several blows. I got knocked through the greengrocer's shop window. I got up and did not remember any more till I was at the police station. At the police station my eyes was closed up, my jaws bruised and swollen. I hid been at the station a little over an hour when Sergeant Steggils, in company with prosecutor, came into the station. There was another prisoner charged with me, a stranger, who got a month for assault McClain looked round the station surprised, as if he would see someone else; I don't think he quite recognised me. Steggals pointed to me and said, "That's the man with the red waistcoat on Then I was charged. I can assure you these men were nothing to do with me. I was by myself. I had come half an hour previous to that from Euston Station.

Cross-examined. I did not interfere with the motor-car to my recollection. I was knocked almost unconscious. There was quite a crowd before I got there. I received several blows before I was knocked through the window. I saw McClain there; he was the first man to give me a blow, and he knocked me through the window. I did not fall inside the shop, the woodwork is too high. I scrambled up and received two or three more blows, I do not know from whom I do not remember Steggals till the station. My right eve was black and closed up, my left was all right. My jaws were bruised, swollen, and sore, and were a week after when I went to the court. I made no complaint at the station, nor before the magistrate.

WM. MCCLAIN , recalled. I did not knock him through the window.

Verdict, Guilty.

Two previous convictions were proved.

Sentence. Two years' hard labour.

Reference Number: t19090907-101

CAIN, Simon (30, labourer) . Robbery with violence on Wm. Bailey, and stealing from him the sum of 2d., his moneys. The prosecutor offered no evidence, and prisoner was discharged.

Reference Number: t19090907-102

JEWETT, Edward . labourer); committing an act of gross indecencv with another male person.

Verdict, Guilty. The Jury added that they thought prisoner was weak-minded.

Sentence, Three months' hard labour.

BEFORE THE RECORDER.

(Friday, September 17.)

Reference Number: t19090907-103

BEAUMONT, Roger (38, clerk, of French nationality) ; unlaw fully making and subscribing, before a magistrate, a certain declaration in lieu of an oath directed and authorised to be made and subscribed under the authority of the Pawnbrokers' Act, 1872. well knowing the same to be untrue in a certain material particular.

Mr. Fleming prosecuted.

ALBERT SEYMOUR , assistant to Messrs. Attenborougb, pawnbrokers, Charlotte Street. On June 22 last prisoner came to the shop. He had been there previously. On June 22 he brought a silver watch and diamond pin to pawn. He understands sufficient English for such a transaction. He went away with the ticket. On August 6 he came again with an interpreter and stated that he had lost the ticket. We gave him a form of declaration which he and his witness signed We explained to him through the interpreter the contents of the document, and he understood it perfectly as far as we knew. We told him to take it to Marlborough Street Police Station to get it signed. He returned the declaration signed on the same day and took the goods out. The next time I saw him was at Marlborough Street Police Court. On August 21 a man came in wanting to redeem the same articles and bringing the ticket.

EDWARD CITALLI , ladies' tailor, 3, Berners Street Mansions. Prisoner was lodging with me on June 22, and at that time owed me £25. I pressed him for payment, and he gave me two rings and is overcoat to pawn. I did so, and he discounted the money realised, £6 14s., and told me to keep the ticket. On the same day he gave me another ticket (that obtained from Messrs. Atten borough), as further security. At various times he has given me pawntickets. I kept the ticket as long as lie was with me; he kept always promising to pay. On August 21 I went the pawnbrokers shop with the ticket and found the things had been redeemed, and that prisoner had made a false declaration as to the loss of the ticket. On the previous day I asked him for money, and he said he had not got any; then he went into his room and locked his trunk and afterwards went to the police and made a declaration that I was withholding his trunk full of articles—whereas there was nothing in it at all. The police refused to take any notice of the matter, and asked him why if he had plenty of articles in the trunk he did not pay what he owed.

Detective ERNEST HILL, C Division. On August 24 I arrested prisoner and, speaking to him in French, told him I had a warrant for his arrest for making a false declaration as to some pawntickets which he had left as security with Mr. Citalli. He stated that he put on the declaration that as he did not have them they were lost to him.

Prisoner's statement to the magistrate was read. In it he stated that he had lost the ticket either in the street or in the prosecutor's house, and if he had-known prosecutor had the ticket he would not have taken this step.

Verdict, Not guilty, the Jury thinking that prisoner, being a foreigner, might not have understood the nature of the transaction.

BEFORE THE COMMON SERJEANT.

(Friday, September 17.)

Reference Number: t19090907-104

MCNALLY, Edward James Leonard (36) ; stealing the carcase of a sheep, the goods of Abraham Van Zwanenberg . Mr. Carr prosecuted; Mr. Thomas defended. ARTHUR HERBERT REED , meat salesman, Central Market. I was at the front of Keeble's shop on July 5, at 9.50 a.m., when I saw prisoner take a sheep off a hook outside Zwanenberg's shop and go off out of the market with it. I have known prisoner for 10 or 12 years. I spoke to someone about it and did not see him again till he was in custody.

Cross-examined. I have known him as a porter at the Central Meat Market. I have not heard of his being in trouble before. There were people in the shop, but the meat would prevent them seeing. Prisoner was dressed in a blue smock and white cloth over it. Or taking the sheep off the hook he had to face me to go out of the market. He took it on his shoulder. I asked some one in Zwanenberg's shop if it was right for the sheep to go and he said it was not sold. Information was given to the market police. I have not seen prisoner at work in the market since. He was arrested on August 17. He is well known in the markets and his address. There was no reason why he should not have been arrested at once.

Re-examined. The majority of the porters wear blue smocks. He did not always come to the market.

ERNEST DAY , salesman to prosecutor. At the end of the day in question I found I was a sheep short, worth about £2.

Cross-examined. Reed spoke to me at the end of the day. The governor first spoke to me. I don't know that any attempt was made to follow the thief, or that an immediate complaint was made to the police. We waited till the end of the day to verify it. I do not know that a carcase short is sometimes delivered.

Detective MAURICE PHIPPS, City Police. I arrested prisoner in Blackfriars Bridge Road on August 17. I said, "Are you McNally?" He replied, "Yes." I said, "Do you know Day I" he was with me. He replied, "Yes." I told him he was going to be given in custody for stealing the carcase of a sheep from outside Zwanenberg's on July 5 last. He replied, "I don't know anything about it. "

Cross-examined. I know he lives at 41, Dantzig Street, Southwark Bridge Road.

PC. EDWARD TURNER , 42, City Police, market constable. I have known prisoner for 10 or 12 years. I was keeping observation on him in the market on July 5 from six till about 9.45 a.m. at intervals. I saw him about 6.45 outside Zwanenberg's shop. At 9.40 I was called to our part of the market.

Cross-examined. I believe prisoner has been a porter there for 20 years, employed by some of the best firms, and he has been a master porter. He has not renewed his license for two years. A

license is required to carry out but not to carry in. He had a perfect right to be there. I said at the police court I was keeping. observation on him. I had seen him since July 5 in Blackfriars Road. I knew of this charge against him, but have no power to arrest outside. He could have been arrested at any time.

(Defence.)

EDWARD JAMES LEONARD MCNALLY (prisoner, on oath). I am 36 years old, and live at 41, Dantzig Road, Southwark Bridge Road. I am a porter at meat markets. I lost my badge the year before last, and have not had the means of getting a new one. I went to the markets for jobs and have been employed there for just on 20 years. I have worked for Messrs. Masters and Bon and Bolton, Bute and Co., and Meeks, master butchers. I know nothing of this stolen meat. I generally get to the market about three and might be finished by seven a.m. On July 5 I left the market about 8.30 and was home about nine.

Cross-examined. I remember the time because my wife had a letter from the hospital where my son was, saying he was taken very bad again with diphtheria, and my girl had not gone to school. I suppose I messed about—I did not go out until the afternoon. I think I laid down, which is my usual practice. I have been to the market several times since July 5. I last worked for Masters three or four weeks before I was arrested.

Re-examined. I had a blue smock on in the market, but no cloth as stated by the witness. I have worn blue for three or four years. I have a few outside masters there that keep shops.

The prisoner received a good character from A. C. WRIGHT, clerk to Masters and Son; JOHN BURTONHOUSE, of the Central Meat Market; and ALFRED MEEKS, master butcher, of 4, Fulham Palace Road, Hammersmith.

The Jury stopped the case and returned a verdict of Not guilty.

BEFORE JUDGE LUMLEY SMITH. (Friday, September 17.)

Reference Number: t19090907-105

STEVENS, William (34, bricklayer) ; attempting to carnally know Alice Lily Oxley, a girl under the age of 13; indecently assaulting Alice Lily Oxley.

Verdict, Guilty.

Sentence, Six months' hard labour.

Reference Number: t19090907-106

MIDDLEDITCH, Harry (27, publican) ; being entrusted with divers moneys amounting to £56 5s. 10d., the moneys of Frederick Reid and others, members of the "Stag's Head "Slate Club, in order to Pay Alfred Collier and another, did fraudulently convert the same or part thereof to his own use and benefit.

Mr. Forrest Fulton prosecuted.

FREDERICK REID , secretary of "Stags Head' Slate Club, York Road, Battersea. The members of this club met every Monday evening. Prisoner was the licensee. It was my duty to collect 7d. a week from each member and hand it to prisoner, who was the treasurer of the club, to invest in the hands of the brewers serving the house. They paid 3 per cent, interest. This book shows the amounts which were paid to the brewers by prisoner, the amounts which he expended and the payments out. Prisoner signed the book at the time I gave him the money. Last July I received certain information about prisoner, and asked his wife to produce ibis book. I had previously asked prisoner for it on several occasions, when he said, "All right, I have got the money upstairs." On July 23 his wife handed me the book. It showed a deficit of £56 5s. 10d. I asked prisoner for it. He said he had it upstairs and I could have it, and a pound or two more if I wanted it. I said, "Let us have it then. Some one came into the bar, he turned round to him and it dropped. At the conclusion of the next meeting he came in for the money as usual. I refused, saying, "You cannot have any more of this money." He said he was sorry he had made use of the other money, but we should have it back. On July 31 a further meeting was called. Prisoner was there. He said the money would be an right, and he would produce it on August 4. On that day Mr. Wood, the brewers' representative, was there. I did not hear all that was said; I am slightly hard of hearing. The money was not brought. Prisoner disappeared on August 6, and on the 9th I swore an information.

Cross-examined. You said you had the money upstairs. There is no rule saying how you are to pay the money over to the brewers or when. Last year our money was forthcoming. You did not have as large an amount in hand then.

EDWIN GEORGE WATTS. On July 31 I attended a meeting of the club. Prisoner was asked by one of the members what he had done with the money. He said he was sorry, he had spent it. He was asked what he had spent it in and he spoke about financial troubles in his last place, and he had not been doing over-grand at the "Stag's Head." He said if we would give him till Wednesday, August 4, he would fetch the money and place it on the table. He did not do it. On August 4 he said to Mr. Reid, "Have you seen Mr. Wood?" Mr. Reid said, no, he was waiting for him. Prisoner said he had seen Mr. Wood earlier in the day and they had come to an arrangement that the brewery would pay the money. Mr. Wood came in later. He said, "Middleditch, what have you been telling these gentlemen about the brewers guaranteeing or paying the money? I am not in a position to guarantee you anything."

Cross-examined. You spoke about your financial difficulties in another house at the two meetings, and mentioned £600. There was no noise going on in the clubroom. You addressed most of your conversation to me. You said»you had done the money in, but we need not trouble, as the brewers would have to pay.

JAMES DRIVER and HENRY PETERS gave similar evidence.

LEONARD WOOD , manager, Collier's Brewery, Walthamstow. Messrs. Collier own the "Stag's Head "public-house. Prisoner has been tenant for about 16 months. We arranged to hold the money of the slate club on deposit and pay interest at 3 per cent. We keep a duplicate of the book, which has been produced. The last time prisoner paid over any money was in March. Several weeks after that I asked him how it was I had no club money paid. He told me he had all the money upstairs." I have it there; it is all right; it is perfectly safe." It was never forthcoming. I saw prisoner at the club meeting on August 4. I had some information about him before I cane in. Later on I asked prisoner what he meant by saying Collier's would guarantee the amount. I told him we had not the slightest idea of guaranteeing it. He said then in the room that he had not said so.

Cross-examined. I knew how things were going with you in regard to our own business. I kept on asking you for the club money. You offered to sell your's wife furniture to cover the debt. I should not think of taking the furniture and leaving her nothing to go out with.

Detective-sergeant HENRY PURKISS, B Division. On August 11 I saw prisoner at Lavender Hill Station. I told him I was a police officer. I said, "I understand you have come yourself, knowing a warrant is in existence for your arrest?" He replied, "That is right." I read the warrant to him; he said, "Yes, I understand it, but I cannot see where a fraud comes in." Afterwards he said, "Did you say November?" I replied, "No, the 21st December," one of the dates mentioned in the warrant. He said, "I have not taken any of this year's money, so it must be wrong." He made no reply when charged.

(Defence.)

HARRY MIDDLEDITCH (prisoner, not on oath). There is not much statement to make, only I am not guilty of fraud. I know very well if I was given an opportunity, which I was not, the money would have been forthcoming by Christmas time in the ordinary way, he same as it was last. There is no authority to make me pay the money into the brewers. It was a matter of form—that is all—to put into the bank what was not really necessary for working expenses for the club. It was not a bound-down rule.

Verdict, Guilty.

Sentence, Three months' imprisonment, second division.

Reference Number: t19090907-107

EGAN, James (38, accountant) ; attempting to obtain by false pre tences from Mary Ann Hope £2; obtaining by false pretences from Marian Fisher £13, and from Elizabeth Sophia James £5; in each case with intent to defraud.

Mr. L. A. Lucas prosecuted.

Mrs. MARY ANN HOPE, 1, Sc. Mary's Terrace, W. On August 16 last prisoner knocked at my door. I answered it. He asked

whether Mr. Hope was in. I said he was not in. He asked when he would be in. I said I did not expect him before one o'clock. He wanted to know who he was speaking to. I said, "I am Mrs. Hope" He says, "Well, now I know who I am talking to, do you know I have come to arrest him; he will never come in these gates any more." He said he had a man outside he was going to leave to take the home—everything. He impressed on me very much that he was going to I arrest my husband. He said he was from the Criminal Investigation Department, and that my husband was a terrible character outside. a scoundrel and a fraud. I felt so upset. He edged his way indoors; I shut the dog in one room. I said my sitting-room was upstairs. He said it did not matter. I said I should like to hear the particulars. He said, "You know about it. I shall have to clear everything; everything will be exposed to the whole world. "He said these sort of things several times. I said, "What is it?" He said, "Well, it is really a loan/' He said it was £11, and he would have to take the home. I said I would see what could be done. He said, "There is the interest"—if I could not manage the bulk, could I manage the interest on the money. I said, "If it has been standing so long, surely you can wait a little longer, until I have seen my husband, and you can call again by and by." He said he could not do that, he wanted something to be done at once, and would have to have the home cleared and leave a man. He wanted to know how I got on with my husband. I said my affairs were nothing to do with the outside world. He likewise wanted to know if I had any lodgers. I said." No." He said, "I shall clear the home." I said, "You will not do it." He said, "Keep yourself quiet and calm; do not excite yourself." A knock came at the door; a man came selling something. He said, "Perhaps that is your husband.' I said, "Perhaps it is." I went down and he followed me. The man at the door pushed bottles or something in I said, "I cannot attend to you," and went to shut the door. Prisoner said, "Allow me a minute." I then opened it a little, and he coolly beckoned the man away. Then he said, "Are you going to do anything in this matter." I said, "I am not going to do anything until I see my family; it cannot be so urgent." I said upstairs "What is the man's name?" He said it was Porsten. I said." will you write it down?" He wrote it down in the margin of a book. He said the man the money was got from had left the country, and one man had got in prison for it. and it remained for my husband to pay the whole. I said, "What is the other man's name?" he said Klaus, and he wrote that on the panel of the front door. He said." Are you not going to do anything in the matter?—then I must leave a man He went outside and waved his stick." Keep up and down; keep up and down." I thought that was somewhat strange. There was no man there. I let him get outside the iron gate, then I ran down to him. He was looking as though he did not know what to do. I said "Where is this man?" He said, "He is there; I am going to leave him if you cannot do anything in this matter." I said, "Tell me where you come from; I must make inquiry before you can do all

this." He said, "You will ask me presently if I know my business." I said, "Perhaps I shall." Really and truly I felt inclined to take him by the collar, only I should get into trouble. He did not give me his name. He said, "You know I am from the Criminal Investigation Department. "I said, "Where is this man?" He said, "Round the corner." I followed him round the corner. He took to his heels, and I got a man to follow him. That man brought me a policeman, and I described prisoner to him minutely. I also sent a boy for my husband. I taw prisoner an hour afterwards at the police station. He was there with other people, and I recognised him by his voice directly. I am positive he is the man.

Cross-examined. The man I sent to watch you I have seen several times. He is a respectable man. I do not know his name. I saw him again the same day and took him to the police station with me. When the inspector asked him if he could identify you he said you were the same as I represented—you corresponded exactly. I do not know why he is not subpœnaed. He was in the station when the sheet was signed. I do not think the inspector said to him, "You are not wanted here." I do not recollect the inspector asking him if you were the person he saw running. I was not assisted in any way is the inspector when I preferred the charge against you. I do not know that I spoke to anyone else at my gate but you and the boy I sent for my husband. I have not mixed up you and the person I sent after you. I described you so fully there was' no getting away from it. I do not know that the man failed to identify you; I did act fail.

Police-constable FREDERICK LINGWOOD, 257 F. On August 26 Mrs. Hope gave me a description of a man who had been to her trying to obtain money by false pretences. She said he was wearing a frock act and high hat and had gone out into the Edgware Road. I afterwards saw a man answering the description and kept him under observation. I saw him call at four houses in Blomfield Road and again as a house in Westbourne Terrace, but the people were out. He spoke to gardener who was working in the front garden. When he left I Spoke to the gardener. I then followed prisoner into Edgware Road. when he observed me following him he walked quicker; when he saw I was keeping pace with him he took to his heels and ran at far as Warwick Avenue, where he entered a backyard over a wall. I followed and he then jumped another wall, and when he found he could not make his escape through a door which was locked, he crouched down in the corner of the wall, where I arrested him. He then said, What are you catching hold of me for; what have I done?" I told him I was taking him to the police station, where he would find out. On the charge being read over to him he said he knew nothing about it. I was at the station when Mrs. Hope came, also when Miss Fisher and Mrs. James identified prisoner at Marylebone Police Court. Mrs. Hope saw us bringing prisoner into the station and identified him then When Mrs. James identified him he was put up amongst eight other men. There were 22 other cases where he was identified.

Cross-examined. I met you in Edgware Road. I did not arrest you then because I was not sure you were the man wanted. I did not arrest you when you were talking to the gardener; my suspicions did not warrant your arrest then. The wall you jumped over was 7 ft. high; there were steps against the two walls; you jumped over the same wall twice. I cannot tell you who lived in that house. You were sitting down in the corner of the wall trying to conceal yourself I said to the other officer when I saw you, "Here he is." The servant brought the key out. I do not know if you are in any way related to the people living there. My beat extends from Edgware Road to St. Mary's Terrace; it does not take me into Harrow Road I did not say to you in the police court, "You must have been a d—fool to let me arrest you." You asked me to buy your watch. (To the Judge. After that I said, "You wait till the case is over, then 1 might." He said, "Will you give me your name and I will see you." I did and that is all.) I did not tell you to beware of Detective George, as he was rather a tricky sort of customer.

Re-examined. I arrested prisoner on private property. He made no suggestion of being related to the people there. He did not say he had come to call on a friend.

Miss MARGARET FISHER, dressmaker, 16, Campbell Road, Bow. Prisoner called at my house on August 9. My niece opened the door and he asked to see Miss Fisher. When I came up into the hall he said, "Can I speak to you privately?" I asked him into the sitting-room, and he then said he had a serious matter to tell me. He said, "You have a lodger named McGuire?" I said, "Yes." He said, "He has been embezzling money from the firm" He went on to say they had marked nine sovereigns, two of which had been traced to him that morning. He asked me if I had noticed anything particular in his behaviour, whether he looked worried or upset at all, and what was my personal opinion of him. I said I hid the very highest opinion, and I believed him to be a very good man. He said it was those kind of men who often disappointed us He then asked if he was in arrear with the rent, and how he paid it. I said monthly. He said, "I must see all the money you have I went into the next room to get my cash-box and brought it out, and he laid the money out on the table and said, "Yes, there is one of the marked sovereigns," and showed it to me. He said, "Can you see the mark?" I said, "No, except there is an indentation. He said, "That is it. I must take this money to be compared with the other." I said, "What, all of it!" He said, "I cannot take away one sovereign. I will give you a receipt for it." I again said, "You do not want to take it all." He said, "Madam, in the name of His Majesty the King, a detective and a gentleman, I will bring this back to you at seven o'clock at night when I arrest Mr. McGuire." He said when he came, "I am a detective." He signed the receipt, "George Burley, detective." He took 13 sovereign" I had £16 or £17, but Mr. McGuire not having paid me any halfsovereigns, he pushed those back and said, "I shall not require them as he was not paid any half-sovereigns." I have not seen any

of my money since. He did not come back that night. I next saw prisoner at Marylebone Police Court. He was in a small room with tight or ten others. I did not look at the others; I recognised him it once. I could not possibly mistake him.

Cross-examined. When I identified you you were dressed in a frock coat and light waistcoat. You called on me between 11 and half-past on August 9. It was a Monday. I put the sovereigns out On the table and you counted them twice. You did not take the half-sovereigns because Mr. McGuire did not pay in half-sovereigns. The constable said there were eight but it was six half-sovereigns. If you had taken the half-sovereigns I should have been suspicious. When I identified you I was not given any description; I did not want any. You were dressed in a frock coat when you came to me. I did not notice that you were wearing a coat that did not fit you when I identified you. The coat was of no consequence; it was your face.

Re-examined. He removed his hat at my house. He had on a frock coat and light waistcoat. I saw him with and without his hat. I identify the receipt for £13.

Detective GEORGE, F Division. This receipt is in writing similar to prisoner's. I searched prisoner and found the pocket book produced. On examining it I found this leaf had been torn from that book. Mrs. Hope identified prisoner outside; there was no identification, as we know it, necessary in that ease. I was not present then. I was present at Marylebone on August 23 when prisoner was placed with eight other men for the purposes of identification, and he was identified in 14 cases. Miss Fisher and Mrs. James identified him without any hesitation. Moreover, I lent prisoner a coat and took of the coat he was wearing then to give him as fair an identification at possible. He has never been a constable or connected with the forces in any way.

Cross-examined. I first saw you in the station. My attitude towards you was the same as to any other prisoner, to keep him from escaping. I should say there were three other officers about you. The inspector may have asked the person Mrs. Hope sent if he could identify. He told him his services would not be required, because it was clearly proved you were the man by Mrs. Hope. He did not sty you were not the person. I found a card in your pocket book; it had on it, "Detective-sergeant George Weston, King's Cross Police Station, King's Cross Road." I charged you with representing yourself as a police constable. I went to Detective Weston. He told me he had an inquiry concerning you about the abduction of a certain girl He found it was not a case of abduction. He said he gave you his card. I have told people not to go bail for you. The reason you were put amongst 10 or 12 ordinary Monday morning drunks was that I could not find eight other people wearing frock coats. I was Speaking to the witnesses before I proffered you the coat I was wearing I was then in my shirt sleeves. The coat was about three sizes too big for you. It would have been easier to pick you out in a top

hat and frock coat. I was authorised by the magistrate to go to the people who came to stand bail. We did not consider them in a sufficient position.

GEORGINA CROUCH , 16, Campbell Road, Bow. I opened the door to prisoner on August 9. I am confident he is the man. I saw him come up to the door. He rang three times. I was rather busy at the time. I let him in; asked his business; he said he wanted to see Miss Fisher. I showed him into the hall and went down and called Miss Fisher. I saw him go out. I identified him without hesitation.

Cross-examined. I know you by the upper part of your face. I could pick you out of a hundred. Re-examined. I remember his voice.

Mrs. JAMES, 21, Burton Gardens, Kensal Rise. Prisoner is the man that called on me at 20 past 11 on July 26. The little girl opened the door. He asked for Mr. James. I walked along and he advanced in the hall asking for Mr. James. I said he was not at. home and would not be in till the afternoon. He said he wished to see him on very important and urgent business, which was very distressing to me, and he would be arrested. He said he was in difficulties in money matters at the bank. I said, "How much?" He said, "£49." I was heart-broken. He said, "Do not distress yourself; I have a wife of my own." I said I could not pay that money down. He said, "Your husband will be arrested." I said I would get the money if he would call back. He said he would call back at seven o'clock. I said I would send for my son. He said, "No, that would be a third party. You do not want the public to know." I said, "Certainly not; I would rather do anything than that." He said he wanted £5 at once. I gave it him. I have not had any of it back. He was in my house about 20 minutes. He had his hat on. I could see him distinctly. On August 23 I identified him at Marylebone by his face and voice. I did not look at his clothes. He did not say he was a police officer when he called.

Cross-examined. My husband has not asked me to keep him out of this affair as much as possible. I did not tell you he was not responsible for his actions. You put your hand up to your head and said he would be arrested and put in a lunatic asylum. I did not tell the magistrate I did not know you by your voice.

Re-examined. I had never seen him before July 26. My husband did not know him.

Mr. JAMES, 21, Burton Gardens, Kensal Rise. I was not in monetary difficulties at the time prisoner called on my wife and never have been.

(Defence.)

JAMES EGAN (prisoner, not on oath). I shall try and prove and manifest to you that I was not in town at the time this happened and what has prevented me calling evidence is this: Detective

George, from the very day of my arrest, hat taken from me my apparel, my keys, my everything I possess in this world, and even now they are under lock and key at my rooms, and I did not have the wherewithal to employ legal talent. On August 9, 10, and 11 I was at Brighton with a Mr. and Mrs. Finzi, 25, North Gardens. the evidence that has been brought forth here you could not say is direct; it is plainly circumstantial, and circumstantial evidence has never from time immemorial been positive proof. I confronted Detective George at the time of the charge at the police station among half a dozen of his fellow officers. He made a statement against me that I defy man, woman and child to prove is true. I am not obliged to tell you what it is, but I am going to tell you before the verdict comes from your lips. That statement was made before I was committed, and that was that I was an ex-convict. He told me I should not worry about that; it was only paper report. Paper report has sent many an innocent man to his doom; paper report has stigmatised many an innocent man as a felon and a convict; but I appeal to my Lord now and everyone in the hearing of my voice, I am stigmatised here by Detective George as an exconvict. It has been in every paper in the City. I would like to ask if there is a possibility at all of cabling to Dr. Francis Egan, the American Ambassador in Denmark, who is my father's brother. I have been in touch with him in my sojourn abroad for months, and he would be the one to indemnify or condemn whether what Detective George says is true or not. There is no one of us who are infallible. I have sinned, but with regard to this charge I plead not guilty. Put it the case came from their finding that card in my pocket of Detective-sergeant Weston. On the spur of the moment I was charged with representing myself as a police-constable. Furthermore, as to all these other people who identified me, it is a fact that he proffered me his coat which was two or three sizes too large. Then I was put amongst 12 Monday morning drunks with a silk hat and frock coat. I was the only one amongst them dressed in any way respectably. I was an easy man to be identified. Is it possible for a stranger to go to a person's house, tell her her name is such and such, her lodger's is such and such, he works in such and such place, and is supposed to have defrauded his employer, paid you on such and such a day; give me that gold? The person who did that must have been a mind-reader or a man cognisant of every movement of Mr. McGuire. Who is Mr. MeGuire; does he know me; does anybody belonging to him know me? Emphatically, no. They bring Mr. James to say he had no monetary difficulty. Why did not they bring Mr. McGuire? It is in exploded fallacy on their part. I have said enough to show you there are two sides to a story. I was not here on the 9th, 10th, and 11th, and rather than bring into this Court innocent people I will stand the penalty, whatever it costs. If you see in this a doubt I "ask you to say so. I will admit before my Lord now, perhaps in one case I am morally guilty, but to say I am amenable to the law for what has been done, no. Had I not had the wherewithal taken

from me to employ legal talent I would have produced evidence in rebuttal to-day that would have made this case stronger than what it is.

Verdict, Guilty.

Prisoner confessed to having been convicted at Liverpool Assizes on May 7, 1908, on four charges similar to the present, receiving 10 months' imprisonment. He had been previously convicted, and had served 10 years' for burglary in New York State and five years in Montreal.

Sentence, Three years' penal servitude, and three years' police supervision in each of the cases where money was obtained, to run concurrently, and Six months' without hard labour in the case of attempting to obtain money.

BEFORE MR. JUSTICE DARLING.

(Monday, October 4.)

Reference Number: t19090907-108

BENSON, Harry (42, agent) ; being director of a certain body corporate and public company called the International Securities Corporation, Limited, unlawfully and fraudulently did take and apply to his own use and benefit certain property of the said company, to wit, £3,597 4s. 5d.; being director of a certain public company called Feltham's Bank, Limited, unlawfully making and publishing and concurring in making and publishing written statements and accounts which said statements were false in material particulars knowing them to be false with intent to induce the liege subjects of the King toentrust their property to the said company; obtaining by false pretences from Isabel Bennett £50, from William Hurt, £40, and from William Mark Nelson £220, in each case with intent to defraud.

Prisoner was charged, with one George Petty, upon an indictment containing 21 counts. Owing to the state of prisoner's health (he is suffering from diabetes, Bright's disease, and some heart trouble), in order to shorten the trial, the prosecution was confined to six counts covering three classes of transactions. Petty was tried at the April Sessions (see page 93), pleaded guilty to certain counts, and was sentenced to six months' imprisonment in the second division.

The trial of Benson, "which had stood over from time to time on the ground of prisoner's health, commenced at the present Sessions on September 16 before Mr. Justice Coleridge; after two days' hearing his Lordship's health necessitated his abandoning the trial, and the case was now taken before Mr. Justice Darling. In the course of the hearing prisoner made repeated applications for further postponement and for bail; these were refused.

Mr. Muir and Mr. Graham-Campbell prosecuted; prisoner conducted his own defence.

JOHN FORRESTER PARK , clerk, in the department of the Registrar of Joint Stock Companies, produced the file of Feltham's Bank, Limited The company was registered on August 27, 1907; nominal capital,

£5,000 in £1 shares. By the Articles Harry Benson was first managing director, the business of the bank to be carried on by and under his management so long as he should live, his remuneration to be £750 year. On the file was an agreement, dated August 24, 1907, between prisoner and the company, by which prisoner assigned to the company the business of Feltham's Bank and certain furniture at the offices, subject to a bill of sale on the latter for £100 in favour Miss Kate Feltham, the consideration for the sale being £3,000 in shares of the company; the company agreed with Benson to appoint him and some other fit and proper persons, to be nominated by him, directors of the company. On November 9 the capital was increased £100,000. On December 28 a report was filed for the purpose of the statutory meeting; it showed that, of the total number of shares, 98,000 had been allotted as fully paid up, and £1 per share paid on the remaining 2,000; so that the cash capital the company had was £2,000. The auditor of the company was George Henry Redfern. A return of allotments from August 25 to October 22, 1907, showed that there were 3,000 shares in the name of prisoner and 1,893 the name of Petty. A further return down to February 8, 1908, showed an allotment of 95,000 shares divided equally between prisoner's wife and Petty. By an agreement of December 4, 1907, between R. A. Blagden and the company, Blagden sold to the companr for £95,000 in fully paid up shares a property called the Hockley Brickfields, which Blagden had purchased from H. C. W. Hobman, on November 1, 1907, for £5,000. On August 12, 1908, the company was wound up. The International Securities Corporation is not on the file as a limited company, Cross-examined. Feltham's Bank was registered before the coming into operation of the Act of 1907, which defined "public" and "private" companies; we should treat it as a public company."Nominal capital" or "authorised capital" means the amount up to which the company can issue shares. The usual declaration was made that the company would not issue any invitation to the public to subscribe for shares, and no prospectus was ever filed. I understand that the International Securities Corporation is registered in Guernsey. WILLIAM HENRY PEAT, chartered accountant. My father (another member of my firm) was appointed official liquidator of the International Securities Corporation; I have had charge of the detail work of the winding up. The company was registered in Guernsey on November 23, 1907. The Memorandum of Association sets out that the registered offices will be in Guernsey, and the objects are (a) to adopt and carry into effect an agreement between Harry Benson and G. Mitchell, trustee for the company; (b) to acquire, establish, and carry on-in Guernsey and elsewhere, as principals or as agents, the business of stock and share dealers and brokers, and especially to deal in the purchase and sale of premium bonds. The capital is £150,000 in £1 shares, 125,000 shares being issued in payment of the Purchase consideration for the property. Benson was first managing director, the business to be carried on by and under his management so long as he should live, his remuneration to be £1,000 a year.

Petty was appointed manager at £2,000 a year. The company's bank ing account was to be kept at Feltham's Bank, cheques to be drawn by Benson only, the account to be under his absolute supervision and control. At a meeting of directors on January 8, 1908, Benson reported that he had discovered certain irregularities and an investigation was ordered. On February 24 it was resolved: "Whereas complaints have been received of irregularities on the part of Mr. Petty and others in dealing with premium bonds before the transfer of the business to the corporation, the directors, while admitting no liability whatever on the part of the corporation, either moral or legal, are of opinion that should it be desirable in any special circumstances for the credit or for the benefit of and in the interests of the corporation (which conducts its business on strictly commercial lines and in a bona-fide manner) to discharge some of the unfulfilled obligations of the late syndicate to its customers; resolved that in the event of any case of this nature arising it should be investigated by Mr. H. Lee Dillon, to report and advise the board as to the course to be adopted. "On May 18 Petty resigned as a director, and the board passed a vote of thanks to him "for his valuable services to this corporation in the past" On June 30, 1908, a cheque was drawn to "George Petty or the International Securities Corporation, Limited," for £3,597 4s. 5d.; I have been unable to find the cheque; I know of no justification for that payment. In the winding-up a statement of affairs was presented by Petty, setting out the assets. There is an item, "Cash at bank, £14,352"; the bank (Feltham's) is in liquidation; no dividend has yet been paid."Office furniture," entered at £650, has realised £286 6s. 8d. "Bonds at bank at Brussels, £16,000," have realised just over £3,000."Bonds in the hands of brokers £5. 000," we anticipate will realise £2,896. Altogether we expect to realise £10,193; the unsecured creditors are £26,503; the shareholding is £137,833; total deficiency, £126,000. The shares subscribed by the public were £5,464 ordinary and £7,369 preference.

Cross-examined. As to the bonds at the Brussels bank, valued by Petty at £16,000, I am unable to say that that is or is not their intrinsic value; I only know what they have realised. I have come here in place of my father, the liquidator, because it was I who had charge of the detail work. I know that you paid £5,000 in cash in respect of the agreement and the certificates of indebtedness. I have heard that you were charged with conspiring with Petty. I have only looked over the papers of the International Securities Corporation so far as was necessary for the purposes of the litigation. I am aware that there were cases of duplication of bonds in the time of the syndicate, but I am not aware that you and your wife are yourselves complainants in respect of duplications to you.

Prisone said he proposed to put in the report concerning the duplicated numbers drawn out by Mr. Peat showing the deception which had been practised.

Mr. Muir pointed out that the prosecution were not now going on with the counts relating to duplication.

prisoner said he desired to state with regard to these other counts that if there were 100 counts he was ready to face them, and did not ask Mr. Muir to with draw them, but asked him to proceed like a man and let him face the whole thing out.

Mr. Justice Darling. The prosecution have a right to proceed upon certain counts of the indictment, and if they do not proceed upon other coasts you may say anything in reason which occurs to you about it, but I should not if I were you say he is not proceeding like a man; you will provoke him to give his real reason. I know nothing nor do the jury know anything about any counts in the indictment except these six.

Cross-examination continued. I have heard that you took counsel's opinion as to the legality of premium bonds, but I have not seen the document. I am not aware that Mr. Curtis Bennett has decided that premium bonds are legal. I am not aware that Mr. Justice Swinfen Eady was deceived by affidavits which contained perjury. We have been dealing with the bonds under the order of the Court without having regard to whether or not they are illegal. I cannot criticise the instructions I received from the Court; that is not my function. It is true that with regard to the £16000 of bonds in Brussels I have received £3,000 for them from a Mr. William Russell, who I have heard is an ex-convict. Under the order of the Court I had to deal with these bonds in some way. We have never criticised the value of them. We have accepted the value at £16,000, but our difficulty was that we only had an equity in those bonds, and we were advised by our solicitors and by a Mr. Dupont, who was our solicitors' agent in Brussels, that it was very difficult to secure our interest in those bonds, and he advised us to compromise with Mr. Russell, who was interested in them; the whole of the facts were put before the Court, and Dupont advised us that £3,000 was a reasonable figure to accept.

Mr. Justice Darling said that the fact that a man had been convicted and served a term of imprisonment does not preclude him for ever from carrying on business, the object of sending people to penal Servitude being that they should be honest after their release.

Prisoner said he would show that Russell was not honest in this transaction.

Cross-examination continued. I know that Mr. Dupont used also to set for you. I am not aware that he has orders now to stop those bonds on your behalf. I have no doubt that one of the reasons why Dupont advised the acceptance of the £3,000 was that we had no standing in law in Brussels. I have never disputed the face value of the bonds. I was not aware that Russell was an agent of Petty's. I am not aware that these bonds really belong to you. I have heard that you are about to fight an action in respect of them. I am not aware that a retainer has been sent to Mr. Dupont in Brussels through the British Consul to represent you. I remember you being present at a meeting of the Committee of Inspection at my father's office. As far as I remember, you stated that you could give us a considerable amount of information about the assets of the Corporation and the

bank, which did not interest us because we did not liquidate the bank, and that you could procure, if I remember rightly, £16,000 for these bonds at Brussels for the Corporation or for the liquidator, and I think you also stated you could get £15,000 for the Hockley brickfields, but you would not assist us in any way, either by giving us any information or by helping us to procure these sums of money for the bonds so long as Messrs. Osborn and Osborn, solicitors, who were acting for the liquidator at the time we were appointed, had anything to do with the matter. I think you said you would be perfectly willing to assist, to give every information and help to get the bonds, if we would not be connected with these "disreputable" solicitors, Osborn and Osborn.

To Mr. Justice Darling. Osborn and Osborn were the solicitors appointed by the Official Receiver, and when he became official liquidator on July 22 he instructed them to take certain action in connection with the affairs of the corporation. When my father was appointed in September it was rather difficult to take these matters out of their hands and put them into the hands of other solicitors; we had no reason for doing so; in fact, it would have delayed matters considerably.

Further cross-examined. The document produced appears to be a Congo bond of the value of 100 francs. I see there is an English revenue stamp upon it dated the 14th of last month.

Mr. Muir, in answer to Mr. Justice Darling, said the bond was equivalent to a share in a lottery, as far as this country is concerned. Mr. Justice Darling observed that Somerset House, the bond being brought to them, had stamped it with a shilling stamp as though it were an agreement. That was for the reason that if anybody did sue upon it it could not be given in evidence unless there was a revenue stamp upon it and therefore it could not have got before the Court and the Court could not judge whether it was a lottery bond. The bond being given in evidence, if the objection was taken that it was for an illegal consideration, the bond would be bad and the judge would non-suit the claimant.

Mr. Muir said that Somerset House did not decide upon the illegality of documents, but simply looked to the amount of consideration and, assuming the document to be legal, put a stamp upon it.

Mr. Justice Darling said he only mentioned the matter because the representation had been made that the British Government was engaged in some sort of gambling transaction and were taking part of the plunder for themselves.

Cross-examination continued. According to the Official Receiver's Report, you owe the International Securities' Corporation £9,255. I should be surprised to find you did not owe the Corporation anything at all. The item of £9. 255 comprises cheque drawn for salary £2. 905, cheque drawn for dividend £6. 250 and cheque drawn on bond account £100. I see nothing wrong in your drawing your sclary. As to the dividends, I believe the suggestion was that profits had not been made, and that is why the Official Receiver put that in. if profits were made there would be nothing wrong in taking them; on

dividend I understand was paid after liquidation. I believe that other people got dividends as well as yourself The International Securities Corporation was insolvent when I went into it. I did not investigate as to the turn-over, when it was a going concern. With. reference to the resolution of February 24, I should say that Petty should not be accused of swindling, robbing, and cheating if he acted under that resolution. I know of no agreement by which you were to pay Petty £50,000 for the business. These matters, I think, were gone into by the Official Receiver before we (Messrs. Peat) came on the scene. I have realised on the assets, including the bonds in Brussels, about £4,200. We anticipate realising £10,193. If we had realised the £16,000 in Brussels we should, of course, have had £3,000 more. As to whether a difference of opinion as to the legality of the bonds should be visited upon me, I really cannot answer that question. Mr. Justice Darling, bay yes or no. Witness. No. (To Prisoner.) We have not yet realised the bonds it hand—£2,000—delivered up to you. Out of the £10,000 we expect to realise we propose to pay the unsecured creditors. We do not pay our own fees; the Court give us our fees. We have not vet settled the list of creditors. We have an order of the Court as to what creditors are to rank and are advertising for them to Come in. I cannot say off-hand how many civil actions have been brought against you; I can get you a list of them if you wish it. An action has been brought against you to recover £3,000 odd; that was in respect of false preference I think. I did not hear Mr. Justice Neville say that it was hard that a man should be pressed twice for the same mastters. I have heard that matter was adjourned until this trial is over. I did not hear his Lordship say this was a peculiar state of affairs. In the action for £3,000 against you, judgment was obtained, but we were not able to enforce judgment because you were standing your trial on this prosecution. You sold the business of the syndicate for £125,000 worth of shares in the corporation. I do not think it extraordinary or wrong that a man who by his business "cheek" is earning quite a large sum of money, should take paper for his buiness and get five or ten times the amount in paper; if the matter is disclosed I do not think it is fraudulent at all. I did not know that the condition of you receiving a salary of £5,000 was that you were to open agencies in all parts of the world with the unused balance of it. I do not think the assets have been "slaughtered." The usual thing is to sell by auction when a company of this nature goes into liquidation. I do not regard the goodwill of the business as worth anything at the present time. If the business was making a profit of 30 percent, or 40 per cent, on a turnover of £300,000 or £400,000 per annum. £50,000, of course, would not be an extravagant estimate of the goodwill.

Re-examined. With regard to the payment of dividends, a quarters dividend on £131,309 would be £3,282. Of this Benson would get £3,125 and other holders of shares £157. Exhibit 256 is a cheque drawn by Harry Benson on Feltham's Bank for £50,000, dated February

1, 1908, to the order of "Geo. Petty." It is not endorsed nor marked as having gone through a bank.

WILLIAM BARCLAY PEAT . Messrs. W. B. Peat and Son, chartered accountants. I was appointed by the Court liquidator of the International Securities Corporation. My son (the last witness) has done the work in connection with the winding-up under my supervision.

Cross-examined. I remember you coming to a meeting at my office quite well. You told us in the first place that Osborn and Osborn were not men we ought to employ. I replied that the Official Receiver had employed them, that I saw no occasion to change from them, that I declined to do anything which would injure, in my opinion, the character of Osborn and Osborn, of which I had no reason to complain. The next thing you said to me was that we could realise nothing from these Brussels bonds unless you realised it for us. I asked you to be kind enough to give us all the help you could, and you replied, "Unless you get rid of Osborn and Osborn I will do nothing to help you." You made various complaints against them, which you did not substantiate, and I could not take notice of them to the prejudice of an honest, respectable firm of solicitors; it was not my place; and I said if you had any complaint against Osborn and Osborn you must pursue it somewhere else than in my office. You did not tell me you had lodged a complaint against them with the Law Society and it would not have influenced me if you had. You did not say that the actions which were being brought by Osborn and Osborn were maintenance and champerty. You said that they were "disreputable" solicitors, but you produced no evidence. If you wanted me to change the solicitors employed by the Official Receiver it was your duty to produce evidence. When I asked if you would be so kind as to give us every assistance in your power to realise these bonds in Brussels, you offered to do so on one condition—that We dismissed Osborn. I told you we could not do so.

To Mr. Justice Darling. The official liquidator is appointed by the Court. If prisoner had any real grievance to allege against Osborn and Osborn, he could have applied to the Court to have them removed from their position.

JOHN CLARKE CROCKER , clerk, in the London Trading Bank, Coleman Street. Feltham's Bank kept two accounts with us; No. 1 relating to the Queen Victoria Street branch, and No. 2 to the Coleman Street branch. I produce certified copies of the accounts between November 5, 1907, and September 22, 1908. No one but "Harry Benson "had authority to draw on the accounts.

Cross-examined. The account was quite in order. I cannot recollect whether any cheques or documents of indebtedness were ever dishonoured. A good balance was always kept. To No. 2 account, from the time the bank started in the first half year, £41,223 15s. 7d. was paid in; to No. 1 account, in the same period, £11,967 9s. 10d. was paid in. I cannot say that Feltham's Bank was one of our best customers, though it had one of the largest turnovers.

FREDERICK SEYMOUR SALAMAN , chartered accountant. On July 30 I was appointed special manager of Feltham's Bank, Limited, on the

application of the Official Receiver, who was the professional liquidator. As special manager the books of the bank came into my possession and I produce copies of portions of certain books. On September 10 the order was varied by my discharge as special manager; I was employed as accountant and subsequently the Official Receiver was himself appointed liquidator. I continued as Official Receiver's agent after my appointment as special manager same to an end, and that ceased shortly after the Official Receiver became liquidator. I cannot give the dates exactly, but I ceased to act altogether about December of last year. I produce copies of prisoner's and Mrs. Benson's accounts at Victoria Street and Coleman Street. On February 12, 1908, prisoner's account at Coleman Street was £2,356 14s. 6d. in debit. On February 1 I think the debit balance was £2,346 13s. 11d. There is a private ledger account showing a debit balance on February 1 of £4,562 11s. 3d. Exhibit 256 is a cheque for £50,000, dated February 1, 1908, drawn upon Benson's current account at Victoria Street. There was no balance in any of Benson's accounts which could possibly meet that cheque. The International Securities Corporation banked at Feltham's Bank and had various accounts, including one which was called the "Bond "account. I produce copies of that account. On June 13, 1906, I find a debit entry of £3,597 4s. 5d. against the corporation entered under the name of Petty. The counterfoil produced appears to be the counterfoil of the cheque which appears in the pass book. Petty also kept an account at Feltham's Bank and I produce the book, which contains that account. I find in it, under date of June 30, 1906, a credit entry of £3,597 4s. 5d. Prior to the payment in of that sum he was in debit to that amount and by that credit his overdraft was wiped out. On July 27 there were petitions before the Court for the liquidation of Feltham's Bank. From my examination as special manager of Feltham's Bank I know of no justification for that sum of money belonging to the corporation being applied to wipe out Mr. Petty's overdraft. I find is the minute book a minute of August 26, 1907, under which it was resolved that the banking account of Feltham's Bank, Limited, should be opened with the London Trading Bank and be subject to the control of Alfred Golden, D. N. Short, G. H. Kennedy, and Harry Benson, and that the signature of two of these gentlemen and the counter signature of the secretary should be sufficient authority to the London Trading Bank for the payment of money and generally in regard to all matters connected with the banking account. On August 30, 1907, there is a minute rescinding that resolution, and giving the control of the account to Benson, the managing director. The International Securities Corporation had a number of accounts at Feltham's Bank. On July 13 the credit balance of all the accounts of the corporation was £16,832 19s. 9d., and upon July 30 there was a debit amounting to £166 0s. 6d. I have also prepared a schedule showing the net daily balances of Benson at Feltham's Bank between July 13 and 30, 1906. On July 13, there was a debit balance on his accounts of £10,079 14s. 6d.; on July 30 the net debit balance was reduced to £7,437 6s. 7d. I have also prepared a similar schedule

with regard to Mrs. Gertrude Benson's accounts. On. luly 13 she had a net credit balance of £6,971 6s. 11d.; on July 30 she had a net debit balance of £428 13s. 1d. Exhibit 229 is a statement of assets and liabilities at Feltham's Bank, Limited, on July 30, 1908. The liabilities amount to £32,261 15s. 5d. and the assets to £8,236, showing a deficiency of £24,325. Exhibit 230, a statement showing the approximate income and expenditure of Feltham's Bank from January 12 to July 3, 1908, shows a loss in trading during that period of £5,940 19s. 1d. In my opinion a genuine banking business was not being done.

(Tuesday, October 5.)

FREDERICK SEYMOUR SALAMAN , recalled. I identify the "Statement of Liabilites of the Bank" as the document I found hanging up in the Victoria Street office. It has the item, "Hockley property and other contracts and assets, £95,000."

Cross-examined. I was appointed interim receiver of the corporation in a Chancery action; that action was dismissed after I had acted for about 10 days. Practically the whole of the bills and notes purchased or discounted by Feltham's Bank were insufficient security; they were accommodation bills of the most speculative description, the discounts varying from 30 to 100 per cent. Mrs. Benson's account with the bank commenced on September 6, 1907, with a credit of £500. After the corporation Mrs. Benson was the next heaviest depositor with the bank. It is not correct to say that she has lost very much by the fall of the bank; just previously to the crash she drew out £7,000. The total amount credited to Mrs. Benson's account between September, 1906, and October, 1907, was £11,730; on December 30, 1907, her credit balance was £8,078 12s. I am not aware that she has refunded the £7,000, but she has handed over certain property. It may be correct that, even after she drew out the £7,000, other customers drew out £8,000. Referring to a cheque for £2,413 drawn by you in the name of Feltham's Bank on the account of that bank with the London Trading Bank in July, 1908, I do not know that that went to pay legal expenses incurred by Feltham's Bank. I do not know that Mrs. Benson is now penniless and relying upon her relatives. I am aware that you made a complaint Against me to the Institute of Chartered Accountants; their reply was that, "having regard to the fact that the charge if substantiated could be made the subject of civil or criminal proceedings, it would not be proper for the council to interfere at this stage." In the winding-up proceedings I valued the Hockley brickfields at £2,000; I formed that estimate from local inquiries. I am not a professional valuer, but an accountant gets to know a great deal about the value of properties. The brickfield had been derelict for some years; it had been closed, together with others in the neighbourhood, because it could not be worked commercially; the plant and equipment did not enable it to compete with other brickfields; the machinery was obsolete; I valued it not as a going concern, but gave it present

possible realisation; that I was not far wrong is shown by what the Official Receiver was able to get for it—£2,600. I know that Messrs. Boyton, Sons, and Trevor valued it (for Feltham's Bank) at £15,000; that was upon a purely hypothetical basis—as a going concern. Mr. Justice Darling (to prisoner). If you take it at £15,000 that is still £80,000 short of the £95,000 which you put it at in your statement of assets. Prisoner. We never valued the brickfields at £95,000; it is misunderstood; there are very few people that understand financing transactions; it will all be explained later on. Cross-examination continued. The Hockley property comprises 10 or 90 acres. It would be physically possible to place on it £100,000 worth of property, but it would be money thrown away. It is the fact that during your administration of the International Securities Corporation there are no instances of duplicate numbers of bonds. Feltham's bank had about 800 customers; I do not agree that that shows that it was "rapidly progressing "; the bank was insolvent from start to finish. I consider the bank was lending money on worthless bills—some of them may have been paid. Lovekin supported my nomination as liquidator entirely without my knowledge or approval. Osborn and Osborn first nominated me as receiver.

Re-examined. I was appointed interim receiver in May, 1908, in is action against the corporation, which was dismissed. On the winding up of Feltham's Bank, the Official Receiver applied for my appointment as special manager on July 30; I continued until the Official Receiver was appointed official liquidator, when I acted as agent until I handed the books and documents over. I prepared balance-sheet showing deficiency of £24,000. I find no justification for the payment of £3,597 to pay off Petty's overdraft at Feltham's Bank. The prospectus of the Hockley Brickfields (a company which was never actually formed) shows that that property is to be sold (or 20,000 £1 fully paid shares.

GEORGE A. ESDRN , Senior Examiner, Companies' Winding-up Department, Board of Trade. Petition for compulsory winding-up of the International Securities Corporation, Limited, was presented July 2, 1908; order made July 22, when the Official Receiver was constituted provisional liquidator. On July 23 I went to Feltham's Bank and had a statement handed to me by Davey, the manager, showing that on July 18 there was £13,800 to the credit of the corporstion's current account, and that on July 23 there was a debit balance of £127. Prisoner informed me that £13,800 had been placed on deposit by the corporation and handed me deposit notes. The Official Receiver, on July 29, applied to the Court to set aside the transaction on the ground that it was a disposition of the assets after the date of the petition and the Judge made an order for the repayment by Feltham's Bank by four p.m. that day. Prisoner had drawn three cheques of £3,125, £300, and £200, between July 14 and July 22, and an order was made that he should repay £3,600 by hour p.m. on July 29. It was not complied with, and the windingup of Feltham's Bank was ordered on July 30. The Official Receiver

was appointed provisional liquidator and Mr. Salaman acted as agent. On September 12 Mr. Peat was appointed liquidator. Prisoner, as managing director of the bank, submitted statement of affairs showing assets value £34,703, in respect of which there have been or will be realised £8,190, including £3,000 recovered from Mrs. (Benson. The assets included £7,931 due from prisoner secured by 125,000 Corporation shares. Nothing has been realised on that debt; the shares are worthless. The Hockley brickfields were, on the valuation of Boyton, Sons, and Trevor, of March 27, included at £15,270; that has realised £2,600. The statement exhibited at the bank sets out, "Hockley property and other contracts and assets £95,000." Prisoner stated the "other contracts and assets" to be a claim of £50,000 damages against Dr. G. H. Bishop, option to purchase 25,000 Waldorf Hotel shares at 15s., and an agreement with D. Macdonald for the formation of various companies, estimated to produce a profit of £100,000. Nothing has been recovered in respect of those three items; they are of no value. The cheque for 597, purporting to be drawn on the account of the corporation it Feltham's Bank did not appear in the books of the corporation; it has since been written in in red ink by Mr. Berry. On February 24, 1908, there is a minute of the corporation directing that irregularities of Petty should be reported on by Lee Dillon, for whom Mr. Dakin was substituted on March 3. No report has been made.

Cross-examined. The letter of Macdonald (produced) estimates the profit of certain promotions at £100,000. About 4,500 Waldorf Hotel shares were sold at 25s. each, and yielded a profit of £2,200. Letter of July 28, 1908, from Turner and Houston, secretarial, with draws the option on shares of the Caledonian Petroleum Syndicate. The £13,800 was on various current accounts. When a sound bank is wound up its assets would realise their estimated value. The assets of Feltham's Bank were not "slaughtered." Felthams Bank will pay a dividend of 5s. in the £. Of £7,000 in bills included in the assets £4,000 had already been dishonoured. A large number were being sued upon by Claude, Lumley and Co. and Blagden and Co. On about £3,000 nothing has been recovered. So far as I know you are penniless; you disclosed no assets in your bankruptcy. We have sold the brickfields and house property without reserve: we could not nurse them. You obeyed the orders made by the Court with the exception of the order to pay £3,125. I do not know that any depositor was refused his money before the winding-up. You wrote to the Official Receiver asking him not to deal with the brick fields until you had had an opportunity of bringing forward a plan to realise at its full value. The Official Receiver replied that if you could put forward a definite proposal in the shape of a cash offer at anything like the sum which the property cost the committee would favourably consider it. No offer was put forward by you.

Re-examined. At the date of the winding-up D. Macdonald owed £200 on a bill, on which nothing has been recovered. That is the Macdonald referred to in the agreement promising £100. 000 profits, We have got judgment against him; he has no assets. The Waldorf

Hotel option has involved Feltham's Bank in a liability of £2,000 for which a claim has been made. On April 13, 1906, prisoner wrote litter to taking, the manager, authorising the lending of moneys Hading to the credit of Mrs. Benson.

GIOBGK HENRY RKDFEBN , chartered accountant. In September, 1907,1 was introduced to prisoner by Blagden, and asked to prepare for Feltham's Bank a statement of liabilities and assets to be exhibited in the bank under the Companies Act, 1862, Section 44. I prepared statement produced to August, 1907, showing liabilities £111,814, including a loss on trading during the year 1907 of £2,578; Msito £109,235, including "Hockley property £95,000." On April 7, 1908, I saw prisoner with reference to the Hockley property, for which a prospectus had been issued arranging to sell it to a compay for £20,000. I asked prisoner how he would account for the value of £95,000 which the property stood at in the books of the bank, it having been sold for 95,000 shares of the bank. He said he proposed to put in a Jewish School at Ramsgate. I told him that in my opinion the only way to properly get over the difficulty was to cancel the allotment of shares and have a proper number issued in respect of the property; that that would be a reduction of capital requiring an application to the Court. Monk, representing Cannon and Sons, solicitors, was present. Prisoner said he would consult Monk. I intimated that I wished to resign my position as anditor; that I could accept no responsibility for the figures in the balance-sheet, especially with regard to the Hockley property. Statement produced contains "Hockley property and other contracts and assets £95,000," the words "other contracts and assets "being added without my authority; I have seen that statement exhibited in Blagden's office at Feltham's Bank. I finally resigned my position as auditor on April 8. I applied for my account, £140, and on May 6 received letter produced, saying, "Our managing director has repeatedly asked you for a balance-sheet, but can never get the same from you, only your repeated grumblings and trying to find flaws in our business re brickworks, etc." In my report, dated April 29, 1908 I stated, "Hockley property, £95,000. With regard to the valuation put upon this property I do not know upon what basis it has been calculated, as I understand a competent firm of valuers recently valued the property at between £16,000 and £17,000.". I prepared profit and loss account to December 31, 1907, showing a loss on trading of £2,578 11s. 8d.

Cross-examined. You told me if a certificate should be necessary I might qualify it how I liked. You said you would get advice as to the way to deal with the brickfields, that you would see Mr. Monk, and that you wished to do what was right. You stated that the bank was a private company, that they were not selling or offering shares to the public, and had no intention to do so. You never asked me to do anything wrong. The bank was summoned for not exhibiting a statement under the Act, for 42 days. I believe a small fine only was inflicted and I wrote congratulating you upon it. Most banks in London mention on their prospectus their authorised capital.

About 2,000 shares of the bank out of 100,000 were issued for actual cash. I had a small account with the bank and had no difficulty in getting my money; my account was closed in May, 1908.

Re-examined. Banks, in addition to stating "authorised capital," state the amount paid up and the amount of the reserve fund, and also the amount of unpaid capital on which the shareholders are liable There was no uncalled capital in Feltham's Bank upon which any shareholder was liable.

STANLEY HUGH BRADFORD . I was assistant manager of Feltham's Bank, first at Coleman Street, and later at Victoria Street. At Cole-man Street there was exhibited the statement of assets with the item, "Hockley property, £95,000 "; after about four weeks this was taken down, and there was substituted the statement with the words, "Hockley property and other contracts and assets, £95,000."

Cross-examined. I should say you were generally at Coleman Street four days out of the six; I will not swear it. On some occasions you were unwell. On going to Feltham's Bank I gave a guarantee of £500; I had previously been with the London and Provincial Bank for eleven years. I took all my orders from Mr. Dakin, not from you. The bank had a fairly good turnover.

JAMES HOLLY GRIFFITHS produced two original affidavits by Benton in an action of Hobman v. Benson.

WILLIAM BERRY , clerk to Protheroe and Morris, auctioneers. In 1903 my firm were instructed to sell privately the Hockley brickfield; we failed to sell privately; the property was put up to auction in November, 1903, with a reserve of £9,000; we failed to sell; it was again put up in July, 1904, with a reserve of £5,100, and again we failed to sell.

BERTRAM STURT , solicitor. In July, 1907, I was acting for the estate in lunacy of H. C. W. Hobman. A contract was entered into for the sale of the Hockley brickfield to a Mr. Batchelor for £4,250; Batchelor sub-sold it to Benson for £7,000; Benson gave Batchelor a bill of exchange for £1,000 as a deposit, which Batchelor handed over to us. The bill being dishonoured, we issued a writ under Order XIV. In applying for leave to defend, Benson filed the two affidavits produced. (In these affidavits Benson stated that he had been induced to enter into the contract in respect of which the bill sued upon was a deposit by false representations; that the property had been represented as of the value of £16,000, "whereas it is much below that amount.") Leave to defend was refused; we got judgment and served a notice in bankruptcy. Benson then asked if we would put an end to the proceedings if he found a purchaser of the brickfield for £5,000. We agreed, and he introduced us to Mr. Blagden; eventually we sold the property for £5,000 to Blagden, who simultaneously assigned it to Benson. Part of the money was paid by deposit notes on Feltham's Bank; the last of these was met and the transaction completed on June 4, 1908.

WILLIAM HENRY GRACE , clerk to Mr. Sturt, spoke to serving on prisoner the bankruptcy notice in the Hobman action on October 29, 1907; prisoner said it was no good serving him with the notice, as

he was practically bankrupt, and had no money except his salary of £5 a week as clerk to Feltham's Bank.

FRANK BOYTON , surveyor and valuer. In March, 1906, I was a partner in the firm of Boyton, Sons, and Trevor. We were instructed to value the Hockley brickfield. I visited the property with my partner, Mr. Trevor Abrahams, and we made the valuation in conjunction with Messrs. Brewett and Taylor; their valuation was slightly higher than ours and we took the mean. We sent in a report to Benson, putting the value of the brickfields, plant, machinery, stock in trade, and residential buildings, as a going concern, at £15,270, stating that a further £10,000 would be required for working capital.

Cross-examined. I have had over 30 years' experience at a valuer; I have myself been a brick manufacturer for 20 years. I did not know you and had not seen you until this trial. It is difficult to say what amount had been expended on the Hockley brickfield; it might be, including land and everything, £30,000 or £40,000. I valued it as it was at the time, as between a willing vendor and a willing purchaser.

To Mr. Justice Darling. When I made the valuation I had no knowledge of any previous valuation; I had not heard of prisoner's statements in the affidavits in the Hobman action. I cannot for a moment conceive the value being represented as £95,000.

JOHN TREVOR ABRAHAMS also spoke to the valuation, which he made in conjunction with his partner, the previous witness. There were two valuations sent in; in the first witness had inadvertently omitted inference to the "expensive and up to date machinery"; prisoner pointed this out, and a second report was supplied containing this reference.

Cross-examined. You did not ask me to rewrite the report; you amply asked my firm to make a valuation, and did not suggest any figures to me.

GEORGE TOWNSEND , clerk, in the Central Office, Royal Courts of Justice, produced the file copy of a bill of sale dated July 19, 1907, granted by prisoner to Kate Feltham, securing £100 on office furniture at Copthall Avenue; and another, dated August 2, 1907, granted by Gertrude Benson to Kate Feltham, securing £200 on household furniture at 89, Woodside, Wimbledon.

ISABEL BENNETT , dressmaker, Dulwich. In May, 1908, I saw an advertisement of Feltham's Bank; on writing to the bank I received the yellow covered book, entitled, "Profitable Banking Accounts, by a Bank Manager." It stated that Feltham's Bank had "authorised capital, £100,000." From this and the other statements in the book I believed that the bank was carrying on a genuine bona fide business. Pritoner submitted that as the book was "Issued by the directors of Feltham's Bank. Limited." he could not alone be made responsible for its statements, although the directors might in their corporate capacity be responsible. Mr. Justice Darling said there was evidence that the prisoner took an active part. and in fact, had the control of the business of the bank. It could not he said that if a number of persons formed themselves into a limited company they could make any false pretences they pleased, and escape individual liability for them.

Examination continued. I subsequently received a letter signed by Dakin as manager calling attention to "the profitable rate of interest paid on deposits" and stating that the bank's deposit notes were "the finest securities obtainable." Believing these statements, I paid into the bank £50 and received two deposit notes. I have never had the money back.

Cross-examined. I never applied for the money. I did not complain to the police, because when the bank was closed I felt it was no use. I do not know whether I shall recover 5s. in the £ or anything at all.

WILLIAM HURT , formerly employed by the South-Eastern and Chat ham Railway, now 75 years old. In July, 1908, I had my savings, about £50 odd, in the Post Office Savings Bank. Having seen an advertisement in the paper, I went to Feltham's Bank and asked to see the manager; I saw Dakin. I told him I had drawn out this £50 and wished to invest it in Feltham's. I saw hanging up there the statement, "Authorised capital, £100,000"; I thought that meant that they had 100,000 golden sovereigns. I was also given the yellow-covered book. Believing that the bank was doing a genuine business, I paid in £40.

Cross-examined. I have never seen you in the bank to my knowledge. When you ask me to point to any false pretences in the book, I say you have had my money; that is sufficient. When I went to Dakin I said, "Be candid with me. Is it safe? There is only one step between me and the workhouse." I did not demand the money; it was no good when the bank was closed.

WILLIAM MARK NELSON , an Army pensioner, aged 80, gave similar evidence. On the faith of the representations in the yellow-covered book, he deposited with the bank £220, representing the savings of himself and his wife.

Cross-examined. By "authorised capital, £100,000," I understood that depositors were protected by the bank having £100,000. My money was only in five days when the bank was closed.

ARTHUR WILLIAM HALL , printer and advertising agent, said that he printed the yellow-covered book and arranged for it to be written. It was actually written, not by "a bank manager," but by a Mr. Bench, an advertisement writer.

Cross-examined. It was Petty, not you, who gave me the instructions to have the book written. I believe the book was looked over by "a bank manager"—Mr. Dakin, manager of Feltham's Bank.

(Wednesday, October 6.)

Prisoner submitted that there was no case to go to the Jury. Mr. Justice Darling ruled that there was.

(Defence.)

HARRY BENSON (prisoner, on oath). I was born in Manchester. For 23 years I was in the United States. On my return to this

country three years ago, having £2,000 supplied me by my relatives I started a business called Feltham's Mercantile Agency, in Copthall Avenue; Feltham is my wife's maiden name. Later, Colonel Sawyer, highly reputable and wealthy American gentleman, lent me £10,000 worth of bonds in an American company. I inquired of Messrs. Ashurst, Morris, and Crisp, who were connected with the company, and they certified that the bonds were bona fide. I had therefore at this time £12,000 at my disposal, together with help that I could get at any time from wealthy relatives and friends. I was introduced to Petty, who lent me on various securities £11,000. He opened an account with Feltham's Mercantile Agency, and later on we agreed to form it into a regular bank. We were advised by Mr. Monk that we could not increase the capital unless there was some consideration; but, Monk said, "If you do not issue your shares to the public there is no harm done; you can make your authorized capital £100,000." Petty found the money for incorporating the bank, and half the stock was handed over to him. We had then arranged that I should take over the International Securities Corporation for £5,000 and certain certificates of deposit at the bank. I gave Petty a cheque for £50,000; true, I had not the £50,000 in the bank, but I had arranged with Delaney to raise the money in Paris. I mentioned to Petty that a bank required to have I the command of a lot of ready money; he said he could always come to the assistance of the bank, and he handed me £10,000 of cheques, payable £1,000 every week, to assist the bank. (Prisoner tendered copy of a letter purporting to be written to him by Delaney explaining the arrangements to meet the £50,000 cheque; this was objected to, and prisoner said he would presently produce the original letter.) Petty selected the new offices in Victoria Street, and paid all the expenses, and became a director. Three or four weeks after I had taken over the International Securities Corporation I was surprised to discover some duplication of bonds and that people were writing complaining. I wrote to Petty on January 3, 1906, insisting on a reorganisation of the system of management, and saying, "I as managing director forbid you or any employee of the corporation to send to any clients in future duplicate numbers for bonds, or in any way to deceive our clients." I also saw Petty in the presence of my solicitor, and asked who was responsible for this duplicating work; he said, "Russell is the man.; I bought the business from Russell." on February 24, 1908, the directors passed the resolution that has been read, and it was in pursuance of that that the corporation paid £3,597 to Petty to pay the people who had suffered from the duplications. I shall prove that the money was not used for Petty's benefit, but went to the bondholders. With reference to the statement of assets exhibited at the office, I knew nothing about the necessity of exhibiting such a statement until told so by Mr. Redfern. I said to him, "This is a private company, but I will see our lawyers about it." I saw Mr. Monk and said, "We don't want to evade the law or to do anything underhanded; Mr. Redfern save we have got to show some consideration; what are we to do?" Mr. Monk said,

"You and Mr. Petty are the owners of the stock; there is no stock issued to the public, and the only people who would suffer would be you and Mr. Petty." With regard to the words, "Authorised capital £100,000," there is no false pretence there; it means what it says "authorised paper capital." As to the item of assets, "Hockley brickfield £95. 000,' that does not mean that the brickfield was sold for £95,000; if it was sold it was sold to the shareholders, and we are the people who suffered; there was ample security to pay the depositors apart from the brickfield. Through my solicitors I took the advice of Mr. Llewellyn Ernest, a chartered accountant, as to getting over the difficulty about consideration; I had the words," and other contracts and assets" put in upon this advice, to conform with the law, not to do anyone an injury. As to what were the "other contracts and assets," in the first place the bank had the Waldorf shares for sale, £25,000 worth, out of which the bank could have made if it had been left alone £12,500 profit, and it had other fine things, first-class matters which it could have handled. We also had many matters with Mr. Macdonald, who had arranged to find £100,000 worth of good securities for the bank It was then in order to comply with Mr. Ernest's advice I went to work and had an agreement with Mr. Macdonald drawn up and settled by counsel the words, "and other contracts and assets," leaving the figure relative to the matter. The agreement, however, was never signed because the businesses were broken up before the matter could be consummated. We had sold £5,000 worth of the Waldorf stock in a very few days—call it three or four weeks, and I am sure we should have sold the other easy. We had also an agreement with the Cale-donian Oil Company, and we could have made money out of that Some of the best people in the country were connected with it, and I understand they are doing very well now. I should like to show you a letter I have from the Caledonian Oil Company in which they refuse to have anything to do with us or go on with the business on account of this litigation.

Mr. Justice Darling. The point of this is, here is a brickfield, of which the highest valuation you have got is £15,000. It is put in the list of assets which you put up as you say as being worth £95,000. It is pointed out to you that it is not worth £95.000; it won't do to say that it is. You then add after "Hockley brickfields" other contracts and assets." We have only one contract which goes to make up the difference between £15,000 and £95,000, this agreement with Macdonald which was not executed. The words "and other contracts and assets "being added on May 15, 1908, the letter from the Caledonian Petroleum Syndicate is dated July 28: "In view of the unsatisfactory position the directors have decided to proceed to further with the proposed option to you. We will thank you to return the uncompleted agreements." At the very most it was a proposed option.

Mr. Muir pointed out that the "Caledonian" letter did not bear any person's signature.

prisoner. We had other very large matters in hand which were applied to us by captain Ennis, an American gentleman, and some other people. I claim that we had at least £200,000 worth of very large matters in hand. They were spoiled by the winding up of this corporation and the litigation. Had we been allowed to go on with our bank properly the business was thoroughly straightforward and had wonderful prospects and would, in my opinion, have been one of the best concerns in London about a year from now; it was doing well. I am now addressing the jury on the charge of false pretences. with reference to the bonds in the safe we intended to pay 7 per cent interest in this form. We intended to buy the premium bond from Messrs. Jay and did so. We bought £3,000 or £4,000 worth and placed them in our safe and intended from time to time to sell them at a profit. In the International Securities Corporation we charged more than the intrinsic value of the bonds. Why? We were entitled to a profit the same as you gentlemen are entitled to a profit in your business, whatever it may be, and in return for that profit we used to issue a newspaper of the numbers and drawings, whatever took place. We acted as general agents in the different things that we did for people and we considered we were entitled to a profit. We used to sell the bonds to the International Securities Corporation—that was our idea—find the money to buy them and then be able to pay 7 per cent. It would have been an enormous turnover by now if the business had been allowed to go on. I would now like to refer to Mr. Horace Avory's opinion as to the legality of the premium bonds. (The case and opinion, the latter dated October 14, 1907, were handed to his Lordship.) I wish to speak now with reference to the yellow book. I was very sick at the time, but I found out afterwards that Mr. Petty had got out this yellow book. Mr. Paul admitted yesterday afternoon that Mr. Petty was the one that gave him the orders for the yellow book. I am going to produce a witness named Kelly, Mr. Blagden's clerk, who had instructions to take this yellow book and all the parapher-nalia of the whole concern to Mr. Danckwerts. He will explain all that to you. We were just broken up, as the whole thing was being looked into and attended to. We were surrounded with litigation, "Storm's at with shot and shell," all around us.

Mr. Justice Darling. The question is whether you, being the managing director, being party to the issue of this prospectus, did make a false pretence to people and they were deceived. It was no good sending somebody afterwards to ask Mr. Danckwerts.

Prisoner. It was not issued with my knowledge. I was ill at the time. I have never read the yellow book in my life; I have not even read it now; I hardly know what is in it. It was simply got up by Mr. Petty and issued, and, as Mr. Paul told you yesterday afternoon, I had nothing whatever to do with it. I was too sick for three, four, or five months to attend to any business at all. Without going into the matter myself at all or taking my own ideas I sought the opinions as I have stated of these legal lights who know the law, reputable men, and afterwards I found that these gentlemen had different

opinions; one magistrate said it was illegal, another said it was not; one judge said it was, the other said it was not, and between: he whole lot of them I am pushed here to the wall before you.

Mr. Justice Darling. That is not so. You are not here accused of dealing in bonds which are bad under the Gaming Act. That is not the charge against you, nor anything like it.

Prisoner. The company was wound up upon that technicality.

Mr. Muir. My lord, it was not. The defendant has made that assertion over and over again. I had the precaution to have the shorthand note of Mr. Justice Swinfen Eady's judgment put in because he made those assertions.

Prisoner. Now, with reference to the point of obtaining money from depositors, I never had any interview with these people. I do not know them; I signed no document to them; they never saw me; they never came in contact with me, consequently, personally, I could not have made any false pretences to them. I was a director of the corporation, but one man, in my opinion, cannot be singled out for the acts of the corporation or company, otherwise it would be establishing a very peculiar precedent. None of us could go into a corporation or anything. Why are not the other directors here and the other people that signed these documents and made these false pretences? Why am I the target of this persecution?

Mr. Justice Darling. Are not you asking rather a dangerous question? One of the other directors was George Petty. When you are asking why the others are not here you are representing to the jury that you are the only one being prosecuted.

Prisoner. I will reply to that, my lord. You have assisted me considerably on that point. I found out that Petty had done these wrongs and was connected with Brussels, and I forced Petty to resign from the bank and told him I would not be connected with him. I sent for him and told him these things were disgraceful and I would not be connected with it any longer, and that my name was being dragged into things I had not had anything to do with, and I did not merit anything and was being given credit for all manner of things I did not know anything at all about. Those were my very words to him. I said to him, "The best thing you can do is to retire from this company and get out of it." He said, "I will go, but I shall go over to the bank because I have as much right to be there as anybody. I am a director and I am a shareholder. I own half the shares. With reference to the drawing of Mrs. Benson's £7,000, Mrs. Benson had made contracts some time before to purchase certain houses with her money in Winifred Road, Wimbledon, and Minchead Road, and she also owned the house at 89, Woodside, Wimbledon, and a house at Merton—18 houses altogether. She kept telling me, "I want my money, I want to pay the balance on this property," and I, in plain words, kept putting her off, not wilfully, but asking her to leave it at the bank to help the bank. We had a great many words over the matter, and finally one day she said that if I did not go and get the money she would positively go down to the bank and in draw a cheque herself. She had been reading reports in the papers

about the different things. I drew a cheque for £7,000 by power of attorney that I had received from my wife before ever these companies were in existence. I produce the power of attorney. Mr. Dakin was sent down to the London Trading Bank to get the cash and he found that he could not get small notes. There were a great many £5, £10, and £20 notes, quite a parcel, and it was late in the afternoon when he returned with them and I said to Mr. Dakin, "I cannot take this money home to Wimbledon; I cannot put it in our safe. "Mrs. Benson also wanted money, because I was going away in my holiday. I had been told to go to Vichy to drink the waters on account of the Bright's disease. I said to Mr. Dakin, "It is impossible for me to take such a stack of notes home; I might be robbed in the night or anything. I will send it up to Harrow Road to my another's bank (where I kept an account), and I will draw Mrs. Benson a cheque to-morrow or next day, and she can have her my." So I sent it to Harrow Road. The day afterwards my wife said, "Now I have got to complete the purchase to-morrow," and I will submit evidence that the purchase was made with that very money, and there is no jugglery about it, as suggested. She went herself straightforwardly to the London and County Bank and cashed the cheque. They had not got the cash in money, but they gave her an order on the head office in London, and she went down herself with the draft and drew the cash without me. I had nothing whatever to do with it. So much for that.

Mr. Justice Darling. No, no; we want to know what she did with the money.

Prisoner. She completed the purchase. She paid out nearly £4,000 for the property, and I understand she invested the balance in a Mortgage and she paid also several of my litigation bills and her own account with Mr. Lumley, so that accounted for the whole thing. Mr. Lumley had been defending us in this matter.

Mr. Justice Darling. We were told yesterday that application was made to the Court that Mrs. Benson should hand over the proceeds of this performance. You are representing that this was an entirely honest transaction.

Mr. Muir. The ground on which she was ordered to pay it over was that this was a fraudulent preference.

Prisoner. Relative to the transaction of Mrs. Benson and Mr. justice Swinfen Eady's order, the same kind of application was made before the Hon. Mr. Justice Eve, who found different. He found that it was Mrs. Benson's money, and very properly stated that she had a right to draw her money, so that there was conflict of opinion.

Mr. Justice Darling. Do you mean to say Mr. Justice Eve held that this was not a fraudulent preference?

Prisoner. He said she had a perfect right to her money. Mr. justice Eve ordered her to pay over the £7,000; I appeared and argued "the matter before him and he decided in her favour. Later Mrs. Benson was ordered to appear before Mr. Justice Swinfen Pady, and he decided that she was a preferential creditor; that was

his decision, and Mrs. Benson accordingly with the orders of the Court went down to Mr. Burges, of the Official Receivers office, and handed over all her property, everything she had got in the world She had bought house property, so as to stay here in London with her family where she was born, and if she had wanted to do wrong with the money she would have hidden it away or something of that but it was open, the property was; it could" be taken, and it was turned over again. I must go back just a little. About two or three months after me going into the International Securities Corporation a man came to the Westminster Palace Gardens and created a disturbance there, and he said he was from William Russell, and demanded a large sum of money; otherwise he said he would make a great deal of trouble. The commissionaire, a man by the name of Paul, was ordered by me to fetch a police officer to turn him out. Paul overheard the conversation, and will be here as a witness. About four or five weeks ago I was walking in Holborn and a man ran as it were right face to face with me: this was Russell. He said, "You are Mr. Benson." I said, "Yes." He said, "Look here, I have been looking for you for a long time. I wanted to see if we could not come to some arrangement, some agreement." I listened to him, and he told me he was making certain arrangements with the liquidator of the International Securities Corporation, under which he was paying a certain sum of money to him, and he wanted to know how much money I would take to go over to Brussels and release the bonds. I said I would think the matter over and let him know, and he gave me his address somewhere in Walham Green I went to see him afterwards. I wanted to get as much as I could because I considered it was due to me; I had spent a lot of money and was left peniless, and I said, "I will go over with you to Brussels if you will pay me my expenses and give me—so much. We finally came to an arrangement for £1,000, that I would sign a release. I went over to Brussels with him and he paid me £100 on account, and the other £900 was to be delivered to me when he got the bonds. As I had understood that the Official Receiver had released him, I thought, perhaps, well, if the Official Receiver does it I might as well, as he had got to have my release. When I got over there I found Russell had got very intoxicated, and he made some very serious threats about Mr. Petty; Petty was this and Petty was that: and he said, "Do you know who has been fighting you, Benson, all the time, and who has paid Osborn and Osborn the money for every action? I am the man. I have paid everything; I have paid all costs. You beat me three times, and (he said) I even paid for that and helped Bishop to pay the expenses of Osborn to have you arrested and put in prison. I have spent £3,000 or £4,000 to try to get these bonds back, to get this business back." I saw then that this man was at the bottom of the whole evil with the Osborns, and I left him and would not have anything to do with him. I gave instructions to my solicitors in London to put a further lien upon the bonds to protect them, as I had found out from the bank at Brussels that there were people complaining and wanting their bonds back. I

traveled all the way to Switzerland to see a Mr. Dupont, a solicitor, relative to the matter, to get his identification and several matters that were required, but the matter did not come through. Since then my solicitor has received communication that Russell is doing the same kind of business at 218, Strand, under the name of the Anglo-Finance Company, and his sole object I found out was, working in with Osborn and Osborn to smash our institutions and get back the business, and at the same time to get these bonds that stood in Russell's name in Brussels. He was the agent of Mr. petty. Now with reference to Mr. Lee Dillon. Mr. Lee Dillon was one of our directors, and used to attend to matters a great deal more than I did myself, and I can show by his letters that he was is much connected with the bank as I was.

Mr. Justice Darling. If the prosecution can show that he has done anything that is wrong or has been convicted with anything that is wrong, they can prosecute him for it. The fact that he is a director and that you are prosecuted and he is not, does no make him responsible and you not responsible.

Prisoner. The prosecution did not begin in this form.

Mr. Justice Darling. I cannot help it; I must administer the rules of evidence. These letters are not evidence.

Prisoner. Very well. I offer in evidence the prospectus of the Anglo-American Investment Trust Company, run by a man named Russell. I desire to say that he has been at the back, paying for all this litigation and even for this prosecution. His trying to get these bonds has caused all this litigation.

Mr. Justice Darling. How does it appear that be has anything to do with this prosecution. You yourself elicited yesterday afternoon that he had been in a convict prison. You cross-examined somebody else as to whether Russell was not an ex-convict, and he answered that he was.

Prisoner. In the beginning of the International Securities Corporation I demanded to go and get these bonds from Brussels, and I took Mr. Petty and Mr. Neave, the secretary, with me to Brussels to see Russell about these bonds, as they could not be delivered. I caused a form of letter to be sent to all the people telling them the true condition of affairs, and that there was litigation pending in order to get their bonds, and I caused an attachment to be put upon the bonds in Brussels. It is this litigation with Russell that has caused all this trouble, because I was trying to protect the interests of my clients.

Mr. Justice Darling. It does not help the case forward one bit sending a letter to people telling them there is litigation in Brussels about bonds.

Prisoner. With reference to the misappropriation of Mr. Petty's money, I deny that. I deny each and every one of the counts of the indictment.

Mr. Justice Darling ruled that prisoner's questions in cross-examination of Mr. Salaman entitled the prosecution to cross-examine prisoner as to his own character.

Cross-examined. I was charged at Durham Police Court on July 18 and 19, 1888. and committed for trial at the Durham Quarter Sessions upon bail. I failed to surrender and went to America, where I was convicted as a common and notorious thief and sentenced to an intermediate sentence of from five to nine years. The photograph produced is a photograph of myself. I was four years and eight months in prison, and then went to an insane asylum. In America I passed under the legalised name of Harry Phillips. My name was originally Bebro. With regard to Petty, I think he deceived me greatly in respect of the duplication of bonds and other matters. I found that out early in January of 1908. I continued to be a director of the corporation until May. At a meeting on May 18 of the directors present H. Lee Dillon, chairman, and H. Benson, it was proposed by Mr. Lee Dillon and seconded by H. Benson and carried "That the resignation of Mr. George Petty be and the same is hereby accepted," and also "That a vote of thanks be hereby passed to Mr. Geo. Petty for his valuable services to this Corporation in the past." We had not then found out properly as to Mr. Petty's matters, and could not. bring them home to him then. Petty continued a director of Feltham's Bank down to the date of the winding up. He was part owner of the shares and stock of the bank, whereas he owned nothing in the International. I had no control over his actions as regards Feltham's Bank; he had as much stock as I had, and could have voted and kept himself in. Petty was my nominee, but he had half the shares. I did not know on June 30 that he had been defrauding persons who had subscribed for premium bonds by giving then duplicate numbers. Petty was entrusted with the £3,597 to pay for the bonds. We did not give the money into his hands, but he was permitted an overdraft to pay to the bond brokers. Captain Ennis gave out the bonds to the different people that asked for them, and if you turn to Petty's account in the bank book I can show you the two items paid to brokers for the bonds. I had no receipt from Geo. Patty showing what it was this cheque was given to him for. I think there was an entry in the books of the corporation with regard to the purpose for which Petty was given that money. The cheque for £3,597 was given to Petty to cover his overdraft. I heard Mr. Grace's evidence. What he says about the Hockley brickfields is, I consider, an unmitigated untruth; also what he says as to my receiving £5 a week from the bank as a clerk. I was no party to the prospectus of Feltham's Bank being used for the purpose of the banks business. I maintain that Feltham's Bank was carrying on a genuine banking business, but I was no party to the bank being held out as doing a genuine banking business by means of advertisements and prospectuses. I may have seen the prospectus, but I was too ill at the time to see to anything. I used to go to the bank sometimes for half an hour or an hour, and occasionally I devoted a quarter of an hour to board meetings, but not to the details of the business.

Prisoner (statement by way of re-examination). About twenty-three years ago I was arrested in London and taken to Newgate goal in the Old Bailey here, upon a charge of having introduced a bogus American gentleman, and with obtaining goods from this gentleman

under false and fraudulent pretences. The gentleman's name was Mr. Alexander C. Chaffin. Mr. Gill was the prosecuting barrister and Mr. Forrest Fulton (now Sir Forrest Fulton) was my client and friend of my father's. My original name is Harry Joseph Bebro. I was dragged"—one of the delusions of the law—for three months in cells with murderers and rascals of the worst degree in Newgate. After the expiration of three months they came to the conclusion that there was no case against me, and the jury returned a verdict of Not Guilty. This case can be seen in the books here—twenty-three years ago. The bogus American gentleman referred to was the Mayor of Brooklyn, and one of the most influential gentlemen in America. His brother came in for $500,000 under the will of his grandfather; and another brother was Comptroller of the State of New York, and another brother a judge of the Supreme Court of New York. This was the bogus American gentleman. So much for that case. This case was the beginning of my downfall, through British law in America and this city. I went out to America, and there I saw Mr. Chaffin, and Mr. Chaffin gave me for compensation the sum of $85,000, that is £5,000 English money. I became very bitter against all evil-doers, people who did wrong under the guise and colour that they were right in law. I became the bitter enemy of entrenched crime, and consequently I was a spotted man, a marked man wherever I went by officials. I went to the city of Boston. With regard to the conviction that this gentleman (Mr. Muir) refers to, as your lordship says a convict can be an honest man. I wrote a book—there is the book, gentlemen—upon my conviction, which was Wrongful. I will read you the affidavit of a gentleman who met me in the city of Baton to prove that I was an innocent gentleman. This gentleman says: "I am a doctor by profession, and am founder of the Emergency Hospital in the city of Boston in this Commonwealth (Massa-chusetts). I am now manager of the hospital. My attention was called to the case of Harry Joseph Bebro for investigation some time ago, and I found from many people that a serious wrong had been committed against the said Harry Joseph Bebro. From the information that I have received and from the papers and documents I have seen in Mr. Bebro's possession it is my opinion that he was sent to prison unjustly, and also the lunatic asylum where the physicians tried to exact a promise from him by stating that they would give him his liberty only on the condition that he would refrain from bringing suits for the wrongs that had been perpetrated upon him. I am firmly convinced of the innocence of the said Bebro of the charges of which he was found guilty and of his unjust confinement in the State Insane Asylum, and have spent large sums of money out of my own means in order to remove the defects in the law which made it possible for Mr. Bebro to be sent to prison and to the asylum," etc. This gentlemen, also says, "I intend to assist him in having his case reviewed before the Authorities. "

Mr. JUSTICE DARLING. We should never have heard of your conviction but for your cross-examination of another man. The jury may have the book if you like.

Prisoner. With reference to my having assumed or gone by other names I did take the name of Harry Phillips because of the disgrace in London. Here is the certificate that I was allowed by law to take it, (Prisoner also read a letter from the officials of the insane asylum.

JAMES PEGLER , formerly articled clerk to and now on the staff of Mr. Oscar Berry, chartered accountant. Examined by prisoner. I have examined into the matters of the International Securities Corporation. I have seen a reference to the amount of £3,597 owing to Mr. Petty. The books do not show that it has been paid to Petty on account of moneys received from clients of the International Securities Syndicate. After an examination of the books I have made a report which shows that there has been received from syndicate clients, as distinct from corporation clients, £15,715 by the corporation. That has been paid back to Petty in various ways. The cheque for £3,597 was one way. There are other sums, £181 to Petty, reason not specified; £782 to Petty or his nominee, the nominee being a syndicate client. He was also sent corporation bonds, on completion of instalments, for syndicate clients. I estimate that amount to be £3,900, and bonds sent to syndicate clients as distinguished from corporation clients, £5,700. I have no means of telling what Petty did with this £3,597. £16,100 appears by the books to have been paid back by the corporation to syndicate clients. showing a balance of £300 or £400 in their favour. You told me the amount was to be repaid to Petty to do away with your liability, to repay to Petty the amounts that you (the corporation) had received from the International Securities Syndicate to do away with your liability on behalf of the corporation, you having accepted a liability of that amount that had been received by the International Securities Corporation, Limited, from syndicate clients.

Mr. Justice Darling. That means, does it, that Petty had improperly received from certain clients £3,597 and handed it over to the corporation; the corporation got the benefit of it, and this was payment back.

Witness. This was money received from syndicate clients in respect of instalments on bonds, which instalments they had not completed when the transfer of the two businesses was commenced. In the course of my search I did not make specific search through all the numbers for duplications, but I found in the course of my search some bonds that were duplicated to you and Mrs. Benson—you or Mrs. Benson had received numbers of bonds that had already been sent to other people—by the syndicate, of course, I mean.

Mr. Justice Darling. It might very well be, then, that it was the other people who had been defrauded.

Witness. I know nothing as to that; the money was owing In many cases the numbers of the bonds sent to Mr. and Mrs. Benson had been sent to two or three other people as well.

Examination continued. The company (corporation) has sold out-right for cash bonds to the total value of £28,600.

To Mr. Justice Darling. I went into the question in reference to the proceedings instituted against Mr. Benson.

Examination continued. I cannot say that we had great trouble with Mr. Peat on your behalf in obtaining access to the books. We were a long time in their premises. There was a little tiny bit of friction, but I cannot say there was an absolute endeavour on Mr. Peat's behalf to keep us from the books. The books were in one room and we were in another; there was a little difficulty in getting them; a certain form had to be gone through each time before we could get the books. I should be the last person to say that Mr. Peat deliberately delayed us from the books.

Cross-examined. I can find no trace in the books of any entry relating to the cheque for £3,597; we simply have the counterfoil.

ARTHUR GILLINGHAM , managing clerk to Messrs. Jay, stockbrokers, was called by prisoner to prove "that we purchased premium bonds from Messrs. Jay's legitimately and paid for them £20,000 to £130,000 in cash. "

Mr. Justice Darling. No one disputes that you bought premium bonds.

Prisoner. I shall also trace what became of Petty's overdraft.

Witness. In January, 1908, we received for premium bonds £3,700 a cash.

Mr. Justice Darling. The cheque that we want to know about was a June, 1908.

Prisoner. The cheque was drawn in January, but it was not entered up, as an entry, until June.

Witness. In all, we purchased about £30,000 worth of bonds.

GUY STEPHENSON , Assistant Director of Public Prosecutions, was asked by prisoner to produce a letter written by him to the Director. Witness objected, on the ground that the letter was written in connection with a public prosecution to the Director in his official capacity.

Mr. Muir submitted that when, upon grounds of public policy, the head of a Government Department declines to produce a document, the same is priviaged.

Counsel cited Marks v. Beyfus, 25 Q. B. D., p. 494; and also referred to shorthand notes of a case of Latter v. Golden—not in the books—in which Lord Esher, Mr., held that "when the head of a public department says it would be contrary to the public interest to produce a document which is in his possession in virtue of his position as head of the department, it is for him to say so.")

Mr. Justice Darling ruled that the letter could not be produced.

EDWIN WILLIAM GILLARD , publisher's clerk. (To prisoner.) Some time last year I went down to the Hockley Brickfield to report to you as to their state. I had no instructions to engage men. There was a discussion as to starting the brickfield and repairing the cottages. I heard nothing about arranging to build new cottages. I have been acting as agent for your wife's property. There was a contract arranged with a Mr. Copeley for the purchase of houses by Mrs. Benson; I believe she paid a deposit.

Mr. Justice Darling ruled that this could not be gone into unless the written contract was produced.

HUGH MITCHELL . (To prisoner.) I was a clerk in Feltham Bank from its incorporation until its winding up. Petty had an account with the bank. I should say Mrs. Benson was the largest depositor. You never told me to dishonour any cheques. I have seen you at times too ill to attend to business. I remember two safes being brought to the Coleman Street office; bonds were kept in one; I do not know what bonds. Mr. Hart managed the office; you were not there all the time.

HAROLD INCHBALD WILSON , of Dunn and Wilson, solicitors. My firm acted for a client, Mrs. Jones, in whose name a petition had been presented for the winding up of the corporation, Messrs. Osborn and Osborn then representing her. From what she told us we gathered that the solicitors had not proper authority in presenting the petition and we served notice of motion for the dismissal of the petition and for an order on the solicitors to pay the costs. Mr. Justice Swinfen Eady did dismiss the petition, directing Osborn and Osborn to pay the costs.

Cross-examined. The dismissal was on the ground that Osborn and Osborn had presented the petition in the sole name of the applicant, without authority to do so.

A. D. BRYDEN, chartered accountant. I was instructed by Daskin to make up the books of Feltham's Bank to June 30, 1906; we were in the middle of the work when the books were taken from us; you (prisoner) had several times asked us to hurry the matter up.

Cross-examined. I think I had the instructions just before June 30, 1908.

ROBERT KELLY . I was clerk to Mr. Blagden, solicitor, now deceased. I remember about 18 months ago taking a number of papers to Mr. Danckwerts for him to advise. I do not think the papers included the yellow-covered book.

(Thursday, October 7.)

EDWARD T. GRAINGER , clerk to Mr. Peat, produced a number of cheques drawn on the International Securities Corporation, payable to Petty, others payable to Petty or some other name; witness could not say whether these cheques had gone to people who had complained of duplications.

Cross-examined. These cheques were handed to the liquidator by the Official Receiver. We have searched for and have been unable to rind the cheque for £3,597, or any receipt by Petty for the amount.

EDWIN REID DAVIS , manager of the London and South-Western Bank, Clapham branch, said that prisoner opened an account at that branch on November 22, 1906, with a deposit of £1,000, stating at the time that he had just returned from America.

HOWARD ENNIS . (To prisoner.) I am a share agent. I was manager of the staff of the International Securities Corporation. I remember drawing several cheques for you to sign, and I signed others by your orders, payable to Petty' or to people who had complained about duplications.

Cross-examined. I am called Captain Ennis. I held three commissions in the United States, one as honorary captain on the commanding officer's staff of the National Guard, which position I still hold: I was chaplain of the regiment with the honorary rank of caption. When I came to this country I had not much money. Prisoner gave me employment at £2 a week. I did not assign to him any valuable "contracts or assets "; I had none to assign.

In re-examination prisoner put in a letter written to him by witness dated May 15, 1907, detailing particulars of a number of under-takings which he said he could introduce to prisoner.

YDNEY GEORGE COLE , of Cole, James, and Rozelaar, chartered accountants, produced a report made by his firm to the directors of the International Securities Corporation on April 28, 1908, "with a view to rebutting certain allegations in an affidavit by Mr. Salaman. "

Mr. Justice Darling said the report was not evidence, and he had only allowed it to be read at prisoner's request, so that there might be no sort of grievance alleged. The report and the affidavit it referred to and every other material document had been before a Judge of the Chancery Division, and in the result the winding up order had been made—it was not for the jury here to consider whether properly made.

JOHN B. MASON . (To prisoner.) I was a clerk to the International Securities Corporation and Feltham's Bank. Your directions were that the business was to be carried on properly and you threatened to sack everyone who did not do his work properly and thoroughly and honestly. You were several times away from the office through illness.

Cross-examined. Copies of the prospectus and the yellow-covered book were kept at the offices for distribution to anyone who wanted them. I also sent out copies from Coleman Street.

To prisoner. You had nothing to do with sending out the books ✗ circulars.

To Mr. Justice Darling. I do not mean that prisoner never saw them. The documents were in the Coleman Street office when prisoner used to come there.

GEORGE PADDON and HENRY WILLIAM CARTER, two other former clerks, gave much the same evidence.

WILLIAM ERNEST FARR , manager to a firm of money changers. In January, 1908, we received from Petty for bonds a little over £5,000.

You (prisoner) several times told me that the bonds were wanted in a hurry to satisfy people, and that the money was waiting for us as fast as we could get the bonds.

Cross-examined. The £5,000 was paid by cheques of the corporation.

WILLIAM J. YEOMAN , clerk to Ashurst, Morris, Crisp, and Co., produced a letter dated September 5, 1907, from Feltham's Bank to his firm inquiring as to the first mortgage bonds of the Tennessee Railway, and the reply of the firm stating that the company had been

well recommended to them, and they believed it to be a bona fide enterprise.

NORMAN PATTISON . I was clerk to the corporation in the cash department. You (prisoner) gave me orders to pay in all the cash daily; I never handed the money to you. You never touched it.

JOHN HARRIS . I was one of the petitioners to wind up the corporation. I do not know who first saw me about the matter. I have not got any letters from Osborn and Osborn.

Mr. Justice Darling reminded prisoner that the issue here was not the professional conduct of Osborn and Osborn.

GEORGE JOHN PAUL .1 was commissionaire at the offices of the corporation. I remember a man calling, the agent of a man named Russell, and creating a disturbance; you (prisoner) ordered me to fetch a policeman or to remove the man. You gave instructions that we were to see that everything went on honestly, and said that you did not want any duplicating of numbers which you had beard had been going on previously.

ALBERT HART . I was manager of the Coleman Street office of Feltham's Bank. I took my orders from you (prisoner) and Dakin). You were not there every day, but you were there frequently, and when you were there you were in evidence—you appeared to be able to transact business. I think that if the bank had gone—judging from the business at the Coleman Street branch—it would have paid eventually.

Cross-examined. In the letter-book I see copy of a 'letter to an intending depositor containing the words, "Our deposits are guaranteed by Government bonds, which are held in our safes and can be realised at an hour or twos' notice on the London Stock Exchange, so there is no risk on the part of a depositor." That was written by me on the strength of a letter appearing in a previous letter-book: it was compiled either by Petty or Captain Ennis. I was given to understand that the bonds would be forthcoming; there were none in the safe at the time. Prisoner told me to say, if questioned by depositors, that we had Government bonds as security for the deposits coming in every day, Government bonds which could be realized. Copies of the yellow book and of the prospectus were placed on the counter at Coleman Street, near the door. Both at Coleman Street and Victoria Street prisoner, not Petty, controlled the affairs of the bank. If prisoner says he did not know the contents of the prospectus or the yellow book, I should say it is untrue. Among other attractions it has a photograph of prisoner.

To prisoner. I have not seen you read the book, but I have seen it in your hand. There were copies in your room.

WILLIAM KEITH , a former clerk at the Coleman Street office, gave general evidence as to the part taken by prisoner in the business.

CHARLES F. WOODS , from the Capital and Counties Bank, Finsbury branch, produced the account at the branch of "Feltham's Bank, Harry Benson, proprietor," and the Xo. 2 account of "Feltham's Mercantile Agency, Harry Benson, trading as." The former commenced on January 19, 1907, and ended March 14, 1907, £739 passed

through it. The latter commenced on December 19, 1906, and ended on March 1, 1907; £180 passed through in The No. 1 account of Harry Benson, trading as Feltham's Mercantile Agency," was opened on December 22, 1906, and closed on January 23, 1907, £750 passed through it.

ROBERT GRINGALL . I was at Feltham's Bank. I had been for twenty-four years with the London Trading Bank. I never too orders from you at Victoria Street, always from Dakin.

Cross-examined. I remember on July 14, 1907, Mrs. Benson opening a deposit account with £7,000. On July 15 I went with Loder, the commissionaire, to the London Trading Bank and drew out £8,000 in notes; I took the notes to the Victoria Street branch of Feltham's and handed them across the counter; that was at noon; Loder went to his lunch and returned in about an hour, and drew out from Mrs. Benson's account that had been opened the previous day £7,000', taking the very same notes that I had paid in an hour earlier. I went straight with those notes to Harrow Road branch of the London and County Bank, and paid them to the credit of Harry Benson's account there. I did all this by orders from Dakin; I think prisoner was in his office when Dakin gave me the orders.

ALBERT OSBORN , of Osborn and Osborn, solicitors. (To prisoner.) I instituted these proceedings on the instructions o! Dr. Bishop; he personally has paid the costs; we have never received a penny from Russell. I have seen Russell, at the beginning of the case; he has given me a lot of information about you and the companies. I was first introduced to Dr. Bishop by Captain Bowman. I know Delaney he has been to my office several tunes with Dr. Bishop. I did not send round to man named Littrim to canvass for the nomination of Mr. Salaman as official receiver. My firm acted for Dr. Bishop as a share-holder in an action against the International Securities Corporation for the appointment of a receiver; the Court held that a receiver could not be appointed on the application of a shareholder only and the application was dismissed; there was the usual order for an inquiry a to damages, but there were no damages to inquire into. We filed a petition to wind up the corporation in the name of Mrs. Jones; the Court held that a petition in the name of one shareholder would not do, and that as other shareholders were not joined the petition was presented without proper authority, and we were ordered to pay the costs; counsel who settled the petition had the names of other petitioners, but thought that one was sufficient; the Court held that it was not.

Prisoner addressed the jury and Mr. Muir followed; permission was granted to prisoner to call two medical witnesses.

Dr. PAVEY (to prisoner). I saw you in February, 1908, on December 16,1908, and on January 9 this year; on the last occasion I told you that I considered you were in an unstable, unbalanced' nerve state and unfit to give evidence in Court.

Prisoner. Do you consider that being in confinement would assist diabetes and Bright's disease and heart disease?

Witness. I do not consider that mere confinement would do harm.

Dr. EWART (to prisoner). I did in July last give evidence that in my opinion if you were then put upon your trial the shock and strain would be such as to endanger your life. I am very glad to find that my opinion has been falsified by the event, and to see that you are not worse.

Verdict, Guilty on the six counts inquired into; Not Guilty on the remaining counts, on which no evidence was offered.

Sentence, Five years' penal servitude.

ESSEX CASES.

BEFORE Mr. JUSTICE COLERIDGE.

(Wednesday, September 8.)

Reference Number: t19090907-109

MACINTOSH, John (32, seaman) , feloniously setting fire to the dwelling house of John Frederick Olney, Ada Olney being then therein.

Mr. Bickmore prosecuted; Mr. Walter Stewart defended.

ADA OLNEY . Prisoner and his wife were lodgers of mine it 1, Cobbold Road, Forest Gate, for twelve months. In consequence of a difference with his wife, prisoner left on August 10; his furniture remained. On August 11 I left home about about 12 o'clock noon; no one was then in it; the front door could have been opened with a latch key; prisoner had not given up his latch key. I returned home about two; I thought the house was still empty; twenty minutes later I heard the front door slammed, and on going out I saw prisoner running away. I called to him to come back; he said, "No, you come here "; I said "No: come back; I've something to tell you." He came back, and directly he got to the gate, before I could ask him any questions, he said, "I have set fire to the place." I went upstairs, prisoner following me; prisoner's room was hi smoke and flames. I said to him, "My God, what did you do it for and run away "; he said, "I was running to the fire station; I heard you come in and then I ran downstairs to call for more help out in the street." Assistance came and the fire was put out. There was about £5 damage done.

Cross-examined. Although he had left, the prisoner had paid the rent for the week in which this happened (accounting for his not having given up the latchkey). He had always been a respectable man. There is a fire station in the direction in which he was running.

ROBERT JOHN MORGAN , a neighbour, spoke to helping to put out the fire.

Police-constable ALFRED ASHLEY,349 K. On my arriving in the room the fire was out. Mrs. Olney and prisoner were there; the former said, "I wish to give this man into custody for setting fire to the

house." I told prisoner I should arrest him. He said, "I was sitting by the window lighting a cigarette; the curtain caught alight; I tried to pull it down and tried to put it out, but could not; I then ran out to give the alarm; the woman called me back; I went back and helped to put the fire out; I know things looked black against me. "On searching him I found two boxes of matches, a key, a packet of cigarettes, and a seaman's discharge book.

Cross-examined. All the discharges are very good. The window where the fire had been was open.

Sergeant JAMES PERRETT,32 K. I visited the premises at 4 p.m. on August 11. I found traces of a recent fire in the first floor front room, in four different places.

This concluding the case for the prosecution,

Mr. Justice Coleridge asked if there was any suggestion ✗ motive.

Mr. Bickmore submitted that there was sufficient evidence of a quarrel between prisoner and his wife.

Mr. Stewart submitted that there was no case to go to the jury.

Mr. Justice Coleridge declined to with draw the case from the jury.

JOHN MACINTOSH (prisoner, on oath). On the day in question I went to see my wife, who was staying with her mother; my wife was not there. I told my mother-in-law (who is here to give evidence) that I was going round to our lodgings and would wait there for my wife. I went home, went straight up to our room, and sat by the window, from which I could see my wife as she came in. I took out a cigarette and lit it; as I jerked my hand to put the match out it stuck in the curtain, and the lighted part broke off in the curtain; the flimsy stuff caught light at once; in trying to put it out I dragged the whole lot down. It fell all over me and burnt my hands and arms. (I showed the policeman where I was burnt.) It fell in little pieces, and these set fire to some other flimsy stuff round the dressing-table and the bed (accounting for the appearances of separate fires). Finding I could not put out the flames, because it all burnt so quick, I ran out to go to the fire station. I was naturally very excited. If I said to the officer "I know things look black against me," it was because I knew that people would imagine I had done it because of my quarrel with my wife. I swear that the whole thing was an accident.

Cross-examined. I did say to Mrs. Olney, "Good God, Mrs. Oiney, I have set the place on fire."

Mr. Stewart was about to call prisoner's mother-in-law, when The Jury stopped the case and returned a verdict of Not guilty.

Mr. Justice Coleridge intimated that he quite agreed with the verdict.

BEFORE THE RECORDER.

(Wednesday, September 8.)

Reference Number: t19090907-110

MARTIN DILL, Frances Ellen (34, married woman), pleaded guilty that having been delivered of a certain female child, she did by a secret disposition of the dead body endeavour to conceal the birth thereof. The child was born on June 6, this year. From March, 1908, to January, 1909, prisoner was living apart from her husband, who was out of work. Not wishing him to know of the birth, at which no one was present, prisoner put the child up the chimney in a piece of carpet. A new tenant coming into the house noticing a peculiar smell, looked up the register of the grate and saw the piece of carpet, and in that way the body was discovered. To the constable who made the arrest the prisoner stated that the reason for the concealment was that her husband was not the father of the child.

It appearing that the husband was willing to take her back, the Recorder passed a sentence of two days' imprisonment, entitling her to immediate discharge.

Reference Number: t19090907-111

EDWARDS, Philip (21, labourer), pleaded guilty of burglary in the dwelling house of Richard Bourn and stealing therein 133 rings and other articles, his goods, also confessed to a previous conviction. Prisoner removed the shutters and smashed the glass window of Mr. Bourn's shop. A constable having noticed prisoner loitering about. on hearing the crash at once blew his whistle and prisoner was arrested with property on him valued at £83 15s. 3d.

Sentence, 18 months' hard labour.

Reference Number: t19090907-112

BARTON, Ernest William (29, electrician), and RILEY, George (21, labourer), both pleaded guilty of breaking and entering the shop of Edgar Samuel Edgar, 22, Broadway, Stratford, and stealing therein 50 leather jewel cases, his goods. Entry of the premises was effected through the fanlight. The shop is fitted with alarm bells, which attracted the attention of the police, and Barton subsequently stated that he himself had been employed to fit up the belle and if prisoners had not been followed he would very soon have stopped them because be knew how to do it. Several convictions were proved against Barton.

Sentences: Barton, 18 months' hard labour; Riley, eight months.

BEFORE THE COMMON SERJEANT.

(Wednesday, September 8.)

Reference Number: t19090907-113

DOWNING, John (45, coster) , unlawfully uttering counterfeit coin and unlawfully uttering counterfeit coin four times on same day.

Mr. Beaumont Morice prosecuted.

Louisa WANDERAHE. My mother keeps a general shop in Strat-ford. On June 22 at about 7.30 p.m. prisoner asked for a 2d. packet of tobacco, which I gave him, and he put down 2s. piece produced. I handed him 1s. 10d. change and he left. I then found the coin was bad and my mother gave it to the police. The next day I gave a description of the prisoner. I next saw him in the shop on July 19 at 4.30 p.m. I recognised him, having several times seen him in the

street. He asked for half ounce of tobacco and tendered a 2s. piece (produced), which I saw was bad. I called my mother into the shop. She told prisoner the coin was bad and she would not give it him back. He said, "Oh, is it? Well, what do I owe you, then?" I said, "21/4d.," which he gave me from his pocket. A policeman passed, my mother told my brother to call him and prisoner ran out. He was brought back by the police sergeant and taken to the station, where I charged him.

Cross-examined. Between June 22 and July 19 I had seen prisoner once or twice outside the Albion public house. I did not give him in custody.

LOCISA AMELIA WANDERAHE , Albion Street, tobacconist. On June 22 my daughter save me a bad florin, which I took to the station. On July 19 my daughter called me into the shop where I saw the prisoner, who she stated had given her a second bad florin. I said to him, "What do you mean by this? This is the second time you have brought bad money here." He said, "What is the matter with it?" I said, "It is bad, and you know it is." He said, "Then what do I owe you?" I said, "21/4d., please," which he paid me. I told him he should not have the coin back. My son saw a police-constable passing and went for him, when prisoner slipped out.

JESSIE LANE ,16, Bridge Road, Stratford, general dealer. My shop is about twenty houses from that of the last witness. On July 19 in the afternoon prisoner asked for half ounce of 3 1/2 d. shag, tendered a 2s. piece (produced), and I gave him 1s. 101/4d. change. We had a conversation about the Budget and he left. I went to put the florin in the till when I found it was bad. I took it to the police-station. On July 27 I was called to the Police Court and at once picked prisoner out from nine or ten men.

Cross-examined. It was the first time I had seen prisoner. The landlady at the Albion did not speak to me about bad money before July 19. I knew the coin was bad the moment prisoner had gone out.

Inspector FRANK BROOKBON, West Ham Police. On June 22 Mrs. wanderahe handed me bad florin produced. On July 22 Mrs. Lane handed me another florin produced.

JEANNETTE WILKES , wife of Alfred Wilkes, Tottenham Court Road, tobacconist, trading in the name of Kenna. On May 20 prisoner asked for packet of cigarettes, 2Jd., and tendered florin produced, which I told him was bad. He said it was not, and that he had got it down the road. I told him I believed he was the man who had passed a bad coin on me on February 23. He said he was not the man. I had the coin in my hand, and instead of throwing it in his face I threw it into the street. I saw a constable pick the coin up, I called him in and charged him.

Cross-examined. Prisoner did not go out of the shop to pick the coin up. I went to the Police Court the next day and prisoner was discharged. I did not speak to the magistrate.

Police-constable JOHN SCHOFIELD,235 D. On May 20 at 11 p.m. I SAW a coin (produced) thrown out of Mrs. Wilkes's shorn. I picked it up and went into the shop, where I saw the prisoner. Mrs. Wilkes

said, "This man has given me this coin for a packet of cigarettes and threw it out into the road. He has been here previously with bad coin." I asked prisoner if he had given the coin. He said "Yes," and that he had got it from a public-house down the road—he could not tell me the name of the public-house. The next day prisoner was discharged by the magistrate, as there was not sufficient evidence. I searched him at the station and found on him a good 2s. piece and a penny.

Cross-examined. When I picked up the coin prisoner was on the doorstep and I took him into the shop with me.

Sergeant ROBERT GILLAN,22 K. On July 19, at 4.30 p.m., in consequence of a communication from Mrs. Wilkes, I went into the urinal of the "Albion "public-house, where I found the prisoner. I asked him if he had been in the tobacconist's shop over the way. He said "Yes." I took him back to the shop, when Mrs. Wilkes identified him as the man who had passed a bad 2s. piece. She said prisoner had also passed a bad one at her shop about a fortnight before. Prisoner said, "You are a liar." I found upon him 1 1/2 d., a box of matches, half ounce of tobacco, and a memorandum. I took him to the station; he was charged, and made no reply. He gave an address at Rowton House, Mile End.

Cross-examined. The urinal is twenty-five yards from the shop. Prisoner admitted he had been in the shop and went back with me. The detective, who is in court, made inquiries about prisoner.

WILLIAM JOHN WEBSTER , inspector of coins, H. M. Mint. The four florins produced are counterfeit. The two passed on July 19 are from same mould, dated 1873; the other two are from different moulds.

Prisoner's statement before the Magistrate: "I reserve my defence and call no witnesses here."

(Defence.)

JOHN DOWNING (prisoner, not on oath). If I had passed a bad coin on June 22 I should be a fool to go to the same shop on July 19 On July 19 I passed the constable just as I was going into the shop.

Verdict, Guilty.

Convictions proved: May 27, 1902, North London Sessions, 21 months' hard labour for larceny from the person after four previous convictions for larceny. Said to be a constant associate of thieves and prostitutes.

Sentence, 18 months' hard labour on the first, second, and third counts, six months' hard labour on the fourth count, to run concurrently.

Reference Number: t19090907-114

GREEN, John (20, labourer), pleaded guilty of wounding Violet Green (bit sister), with intent to do her grievous bodily harm.

Six convictions of felony and eight summary convictions were proved against prisoner; he is an associate of thieves.

Sentence, Three years' penal servitude.

BEFORE JUDGE LUMLEY SMITH.

(Thursday, September 9.)

Reference Number: t19090907-115

BARRON, Frederick (61, shoemaker) , attempting to obtain by false pretences from Isaac Stevenson Birkett the sum of £6 with intent to defraud.

Mr. Attenborough prosecuted; Mr. Eustace Fulton defended.

ISAACS. BIRKETT , pawnbroker, 45, Victoria Dock Road, E. On July 24, at 10 a.m., prisoner came to my shop with a man named Short. I did not know prisoner. I knew Short was a publican. (of them said, "Is Mr. Birkett about?" I then went to the front counter. My assistant Day handed me a ring. I said, "What have you got here?" Barron said, "A diamond ring' Short said, "What is the most you will lend on it?" I went to a good light, examined the ring, and saw they were diamonds. It was an 18c. gold shank. The ring was perfect, and the stones were perfect when I saw it. On the first occasion it was the same setting as the ring produced. There was a mark of a file on the shank near the centre stone when they first brought it in. I told them I would lend them £6. Short said, "We don't want to pledge it now. This man wants me to give £16 for it." He asked 3 there was any charge: I said no; and they went. On the following Monday, the 26th, about 10 a.m., a girl, aged about 22, came in. She handed my assistant a ring and a card of Mr. Barron's. I heard what she said. I gave Day certain inductions in her presence. I looked at the ring; it was the original shank, the diamonds had been prised out and worthless stones inserted. I sent the girl away with a message to the man who sent her. About 11 o'clock prisoner came in with Short. Short said, "Why don't you give the man the ring back or let him have the money?" We were busy then. I told him to come again in the afternoon; I had not time to discuss it then. I kept the ring. Prisoner came again in the afternoon with a man named Blake. I said to Short, "What does this man want?" Blake said, "I have come to see you about that b——ring; give it him back or lend the money if you have any to lend." He said after a lot of abuse and filthy language, "If you bring me into the b——job I will bash your b——brains out and I will burn your b——

shop down." I asked him several times to leave the premises and then sent for a constable: when he came they were out of the premises. Short followed the constable in: he said, "Why don't you give the man the ring back? Lend him the money; let him have the money." I said, "Before I do anything I shall see my solicitor; no doubt he (pointing to Barron) and his confederates will hear from him in due course." He said, "You mean I am a confederate? I said. It looks very much like it. Why are you continually coming round with this man?" He said, "We are first on the job; we have already been to Lansdowne Road and West Ham. "He said also, I am come to back him up." Barron said one of the men who had come with him to the shop had lent him £2 to buy the ring.

Cross-examined. I am not aware that Blake is a tradesman with three shops in the Victoria Dock Road. When he came to my shop I knew he was a tradesman in the district. I was very much alarmed by his conduct. I had known Short by sight as a licensed victualler. I first saw the shop where defendant carries on business when I went with the detective officer. I do not know that he has been there four years. I do not remember seeing him before that Saturday morning. Pawnbrokers always examine closely articles of jewellery brought for pledging. After examining the ring I told them I would lend £6. I said also that the stones were flawed and off colour. Short said he did not want to pledge it then. "This man wants me to buy it for £16." He said, "Any charge?" I said "No." Then they left. I identified the ring as the one I saw on the first occasion by the mark of the file on the shank and the general appearance. I next saw the ring on Monday, 26th, when a girl came with a card. She said to my assistant, "Mr. Barron has sent me with the diamond ring for the £6, which you offered on Saturday morning." I said to him, "If this is the one I saw make but the ticket." I took it to the same light as before. I saw then that it was the same shank, but the diamonds had been prised out and different stones inserted. I said to the girl, "Did Mr. Barron tell you to say this was the diamond ring I saw on Saturday morning?" She said "Yes." I said, "Are you sure of that?" She said "Yes." I said, "I will take care of the ring; tell Mr. Barron I should like to see him." I thought Mr. Barron or somebody else was trying to defraud me. Barron came with another man, and asked me to give back the ring or let him have the money, in a bouncing manner. I would not give him either. Blake came with Barron in the afternoon and used language you would not expect from a respectable tradesman. I know they went to the police station. I nave had no summons.

WILLIAM DAY (manager to prosecutor). I remember prisoner calling at 10 a.m. on July 24. He handed me a diamond ring. Prosecutor examined it. I looked at it as well with a glass. They were diamonds. Prosecutor asked what they wanted to do with it Short said they wanted to know how much he would lend on it. Prosecutor said £6. Short said he was going to buy it off Barron for

£16. He asked if there was any charge. Prosecutor said no, and they left the shop. I was present when the girl same on the 26th. She asked whether we would lend the £6 on the diamond ring which Barron offered on Saturday. Mr. Birkett said to me, "Did you look it this?" I said "No." He handed it to me and said, "Look at it now." I found instead of diamonds they were worthless stones replaced. The stones handed to me are the glass; they are the same as I saw on the Monday. They are different to what I saw on the Saturday.

Cross-examined. Barron was in the shop when the policeman was sent for. He was not given in charge then. The policeman was sent for because the language of Mr. Blake was distasteful to Mr. Birkett, I know Blake has one shop close to ours. I have seen him passing. I laid not know Short. I had never seen prisoner before. I had seen the girl that came with the ring before.

Police-Constable THOMAS CORNISH,688 K. On July 26 I was on point duty opposite Short's house. I saw prisoner leave Short's house about three o'clock that afternoon and Short started afterwards. At 4 p.m. I was called to Birkett's shop. There I saw prisoner Blake and this girl Hetherington. I asked Birkett what he wanted. He turned to prisoner and said, "This man brought a ring round to me on Saturday morning for valuation. I told him I would advance £6 on it and he turned to the girl and said, "This young woman came into my shop this morning and asked me to advance £6 on the ring, saying it was the same ring which I had offered on the Saturday morning, but I found the genuine stones to have been removed and some worthless ones put in their place." He detained the ring and asked me to supply him with Barron's name and address. He also asked me to remove Blake from his shop. Short had followed me into the shop. Birkett said, "This man is a confederate and I want his name and address. Short seemed very indignant at being called a con-federate and asked me to take a note, and to take Mr. Birkett's name and address. He said he had come to back prisoner up.

Cross-examined. Short is a perfectly respectable man. He is proprietor of this public house. I have known prisoner about twelve moths; he has been there three or four years. As far as I know, he is perfectly respectable. I was not asked to take Barron in charge. I think he said, "Give me back ray ring." There were two or three talking. I was paying attention to Mr. Birkett's complaint, so I could not answer for all that was said. I do not know whether at the police court Barron applied for a summons against Mr. Birkett.

Detective JOSEPH PAVNE, K Division. I received a warrant for prisoner's arrest on July 27. At 9 a.m. on July 31 I saw prisoner at Canning Town Police Station. I told him I was a police officer and held a warrant for his arrest for attempting to obtain £6 from Mr. Birkett. He said, "I am innocent of it." He was charged. On the way to the court he said, "I have been looking for the man I bought the ring off of; if anyone committed the fraud he did upon me."

Cross-examined. Prisoner surrendered. He had been to the police station to make a complaint, He said "I am innocent of it "when I read the warrant to him. On the way to the station he said he had bought the ring of someone, and if anyone committed the fraud that man did on him. There was no further conversation at that time.

(Defence.)

FREDERICK BARRON (prisoner, on oath). I am a wardrobe dealer and live at 11, Sabberton Street, Canning Town. I have carried on business for twenty years in that neighbourhood. I have never during that time had any criminal charge made against me. On July 23 I was at the back of my workshop and my shop girl told me a man wanted to see me. He said, "Good evening." I said, "Good evening, but I have not the pleasure of knowing you." He said, "' Don't you know Jewellery Bob, that used to have a jewellery stand at Woolwich, when you had a stand there yourself?" Nine years I have known him about the market. The police cannot find him now. I have been there two or three times a week, but he has absconded—knows what he has done, I suppose. When I had said I did not know him I looked at him again and said, "Yes, I remember you." He said, "I want to sell my ring; I want some stock." I said, "What ring is it? He said, "A diamond ring." I said I had no money to buy diamond rings, but I would take him to a man who might buy it. I went with him to Mr. Short, who said he would not buy diamond rings at such short notice. He said, "If you like to leave it, see me in the morning." That was on the Friday. The ring was left with him. Next morning I asked him if he had had it valued. He said "Yes," and the pawnbroker told him it was worth £10 or £12. I said, "Will you come round to my neighbour, Birkett?" We went there. Short asked Birkett's assistint to value it. I never handled the ring. I never opened my mouth. The assistant said it would be 2s. The assistant valued it, but Mr. Birkett looked at it, then he said he was going to charge 1s. Short put his hand in his pocket to pay and Birkett said, "No, as you are neighbours I will not charge you anything." We then went back to Short's public house. I waited there some time to see whether Short would buy it or not. Jewellery Bob promised to come at about twelve o'clock. Mr. Short returned him the ring. He said the two pawnbrokers had differed in price and he would have nothing to do with it. I stayed in the bar and had a drink with them and there were a couple more came in and we got drinking together, and they persuaded me to buy it. I went to a beershop opposite my premises called "The Cow "to have a drink there. I went to my shop after that. I don't know if the man went away with the ring for a time. I do not know how it was done, if he done it, because he never left He had charge of the ring. I left him with the ring in the beer-house opposite my shop. I went to see how much money I could make up. I was to pay £7 10s. I only had £5. I asked the shopgirl how much she had taken. She said 16s. I said give me 10s., and I sent to know whether the man would come back for the £2 in an hour's

time. I then borrowed £2 of a neighbour. I sent the girl over to The Cow "to tell him I had got the money. He afterwards came back to my shop with the ring. The ring was delivered up to him by Short little after two hours after I purchased it. He aid not give me the ring before he took up the money. I stopped a sovereign. I said, "I want a receipt," just as he was making it up. He said, "Give me a sheet of notepaper." I said, "A business man like you must have a billhead. I am going to stop a sovereign." He said, "I will bring you a receipt towards the evening." I had a look at the ring and slid to the girl, "Take care of that and the other things you have belonging to the missus." She was in King's College Hospital and I was going to make my wife a present of it. On the following day the shopgirl and my daughter went to the hospital. When they were ready to go I said, "Come over to Short's and I will give you some money to take some flowers to the missus." They followed me and I took the ring to Short's and showed them. I said." I have bought the ring for £7 1Cs. deficient of a sovereign." Ho said, "You bought it rather cheap." As I took it from Short I gave it to the daughter. When they returned from the hospital they said the wife was too ill to show it to her. They brought it back. I never see the ring after I gave it them until they brought it back. It was put with the other jewellery belonging to the wife locked up in a box. On the Monday I had a bill falling due for £3 19s. I paid £1 on account in the week. I said to the shopgirl, "Take that ring and a card to Birkett's and see if he will let you have £6," or "Could ha make it £6," I don't know which. She came back shortly afterwards and said Mr. Birkett wanted me. I was not two minutes getting my coat on and getting there. I said, "What is this about the ring?" He said, "Too will see, Mr. Barron." I said, "I bought the ring on your judgment. What is it? Why don't you tell me?" He said, "It ain't the same ring." I said, "I will fetch Mr. Short." He said, I do not care who you fetch, you will not see it, neither you nor your confederate. "I went to Mr. Short and brought him to Birkett's shop. Birkett said, "I am too busy to attend to you now." We said we would see him later. When we went later on I said, "Would you mind showing Mr. Short that ring?" He said, "No. I will not show it," and sent for a constable. After that Blake came in. He was at the other end of the shop talking about another ring that Birkett had lent 2s. on, which was worth £10. He did not send for the police on that occasion. Birkett used quite as bad language as Blake. At the conclusion of these interviews I went to the police station and complained that Birkett would neither return the ring or lend the money. They advised me to go to Stratford and get a summons. I had a summons granted me next morning. Birkett did not apply for a warrant until he knew Short had taken action against him.

Cross-examined. I have known Jewellery Bob nine years in Woolwich. All the police know him. He had a stand outside Carter's eating-house nine years. I was standing with clothes nine years ago and my wife had a gold fish stall there. I did not know

Jewellery Bob's name, lie was never away from the market. I never did business with him only on that one occasion I don't know where he lives. I have made inquiries round Woolwich, I am told he has to keep away for something or other. I haw not had a stall there for five years. He did not bring the ring to me to sell. He wanted £12. I did not think to ask him where he got it. I did not get a receipt. I stopped a sovereign. He wanted it put on notepaper; he looked in his pocket-book and had not got a billhead. I last saw him 18 months ago in Woolwich, and not again until I bought this ring. I did not try to sell the ring. I did not hear Short say in the public house, "Barron wants £3 for the ring." He did not offer £16. It was nothing to do with me before two o'clock. I do not know what price the man give in to Short for the ring. I did not ask. I know they asked me £12 for it after Short was done with it. I bought it to give my wife. I was not in low circumstances myself at that time. I am in the habit of pawning things if I am short of cash. I had the remainder of the £3 19s. bill coming due on the Monday which I was not able to pay. I had money to come in.

LILY HATHERTON . I live at Mr. Barron's. I have been hit assistant nearly four years. On July 20 a man called and asked for Mr. Barron. When I fetched Mr. Barron he said to him, "Good evening, Mr. Barron." Mr. Barron said he did not know him. He said, "Don't you know Jewellery Bob from Woolwich I" Mr. Barron thought. He said, "Don't you remember me when you had a goldfish stand there?" Mr. Barron said, "I have a slight idea of it. What was it you wanted?" The man said, "I have run short of a bit of stock money. I have a diamond ring I want to sell. Can you buy it?" Mr. Barron looked at it and said, "I can see it comes to too much." The man said, "Can you take me to a buyer?" Mr. Barron took him to Mr. Short. On Saturday morning Mr. Barron went to Short's. I did not see him again till about two o'clock Saturday afternoon. Then they both came in. Barron said, "How much have you taken, he?" I said about 16s. He said, "Give me 10s. out of it." He went upstairs and brought down £5. £7 10s. the man wanted for the ring. He said, "I will try and borrow £2." I went to Mr. Blake and borrowed it. Then I went to fetch the man from "The Cow." When he came back and was just picking up the money Barron said, "I want a receipt. He said, "Give me a pen and paper and I will write out one. Barron said, "Have not you got a billhead with you?" He said. "That will be all right; I will bring you one round to-night Barron said, "I will stop £1 if you agree to it." The man saw. "I will bring back the receipt for what I got for the ring." He went, and I have not seen him since. Barron gave me the ring. I locked it up in this box and kept it till the Sunday. Miss Grizell and I were starting off to the hospital to see Mrs. Barron. Mr. Barron said, "Take the ring to show mother." He said, "Wait half a minute. I want to show it to Mr. Short; it has a stone damaged. I want to see if he will notice it. We only had our hats

to put on. We called there and he put the ring in my hand. Mr. Barron never saw it after I brought it back from the hospital. On Monday morning he said, "Take that ring and one of my cards to Mr. Birkett and ask him if he can lend me £6." I gave the ring to Day with the message. Mr. Birkett said, "Who sent this ring?" I said, "You can see on the card, Mr. Birkett." He said he wanted to see Mr. Barron.

Cross-examined. The conversation about the receipt was on the Saturday. I was present all the time. Mr. Barron had a bill to pay for some boots. He had paid a deposit and wanted some money to fetch them away on the Monday. I had never seen Jewellery Bob. I have not seen him since. Mr. Barron and I have been to Wool-wich four times and all the information we can get is that he is in a bit of trouble and cannot stop there.

GERTRUDE GRIZELL . I live with prisoner, who is my stepfather. I came home on Saturday, July 24, to assist in the business, my mother being in hospital. That evening when we went upstairs Lily took a ring from the box. The next day she gave it to my father when we were going to the hospital. I went with her to Mr. Short's, where the ring was handed to Lily. We took it to the hospital. When we brought it back it was put in the box and locked up again.

JOSEPH BLAKE , provision dealer, 51, 52, and 53, Victoria Dock Road. I have been in business here about two years. My turnover is a about £13,000 a year. My shop is about three doors from Birkett's. I know Mr. Barron well. He has borrowed money from me. On July 24 his girl assistant asked me if I-could lend him £2 for half an hour. I know Birkett by sight. I went to 'his shop on July 26. I went to see him with a ticket I had bought from one of ay assistants for a shilling. It was a pair of boots. I got them out. While I was in there, there was a conversation about a ring. What it was I don't know. Barron was in there. Birkett looks over the counter and says to me, "What do you want?" I said, What do you want? I have come on business. 11 He said, "Leave ay premises at once. "I says, "I shall when I have done my business. "A policeman comes and asks me to go away quiet and I went away. Cross-examined. I did not take any part in the conversation about the ring. I will tell you what I did say. I said, "I would like your pawnshop and every pawnshop burnt down for the worry and anxiety in the district." I bought one of his tickets off a poor girl. It was a ring pawned for 2s. I got it out and sent it up to the Barking Road and got £4 10s. in pawn. I did not threaten to bash his brains out. I was summoned for using threatening language and was bound over without hearing any evidence. My solicitor pleaded Guilty in my absence. He said to me, "Are you agreeable to be bound over?" I said, "Certainly." I did not want to kill the man.

WILLIAM GEORGE SHOUT , licensed victualler. I have held my Present license two years. I was previously five years in the same street at the Sir John Lawrence." On July 23 Barron came round to my

house about eight o'clock with another man. I had never seen him before. After calling for refreshments Ha mm asked me if I wanted to buy a diamond ring. I remarked it was a funny time to buy a diamond ring. I said in a casual way, "Let us have a look at it With that the stranger handed to me what appeared to be a three stone diamond ring. I scrutinised it. I asked my wife how she liked it. She said she liked it very much. I asked the stranger how much he wanted. He said £16—he gave £20 for it. There is a pawnbroker opposite my door and, unbeknown to Mr. Barron or the stranger, I said to my barmaid, "Slip across the road and ask what the ring is worth." She came back and said he could not value it: it was a false light. I asked the stranger if he would leave it with me all night and give me an opportunity to offer him a price. He did. I sent it next morning to another pawnbroker. His manager told my barmaid if I could buy the ring for £10 or £12 it would be a reasonable price. An hour afterwards Barron came in. Knowing I was going to have it valued, he said, "How did you get on?" I told him what I had done. Barron then suggested we should go and get Birkett's opinion. We went. The ring was in my possession all the time. I asked Birkett to value the ring. The manager said, "Before we value it, it will be 1s." Birkett asked what we had got there, and the manager handed him the ring. Birkett walked to the shop door, pulled out his glass, and scrutinised the ring. Birkett's words were, "It will be 2s. "I said, "It is a funny thing you say 2s. and the man says 1s. What is your charge?" With that Birkett overhauls the rings and says, "I will lend you £6 on this ring." I said, "I never pawned a ring in my life and I am prepared to pay your charge, which is 1s." Birkett said, "This is not the sort of ring for a man like you to wear—a publican." Mr. Barron had never touched that ring all that time. I walked out of the shop and went home. In walks mister stranger. He says, "Have you had my ring valued?" I said, "Yes, there is such a variation in the prices I don't think I will buy it," and I handed him the ring in front of Mr. Barron. They had one or two beverages and as the stranger was going out he said to me, "I will give you another chance." I said, "I have already given you my answer" He left the house with Mr. Barron. On Sunday Mr. Barron walked into my place soon after one o'clock and said he had bought the ring after all. I said, "Well, good luck," something like that." If it is a fair question, what did you give?" He said £7 10s. I felt a bit jealous. He was off my premises by half-past one. On Monday morning Barron total me he had sent the ring to pledge to Mr. Bekett and Mr. Birkett had detained it. He asked me to walk round with him. Before either of us got on his threshold he said, "Come this afternoon about three." I said to Barron, "You can tee the man is busy." Later on Barron's daughter, I think it was, came with a message from Mr. Barron. I went to Birkett's and saw the constable going down to the door. When I went in Birkett says to Blake, "Off my premises." He said also, You and your confederate will hear from me." I said, "Thank you: I don't trust you one word or syllable." The commotion was over. We got Blake.

out. Birkett demands Barron's name and address, then mine. I gave my card to the constable and said, "Did you hear what he called me?" He said "Yes. He called you a confederate," and I asked him to take Birkett's name. Verdict, Not guilty. '

BEFORE JUDGE RENTOUL.

(Friday, September 10.)

Reference Number: t19090907-116

WEBSTER, John (40, contractor) , obtaining by false pretences from George Simpson 9s. 6d., from William Henry Hobbs 10s. 6d. and from George Henry Clarke 8s., in each case with intent to defraud.

Mr. Morrow prosecuted.

GEORGE SIMPSON ,41, Barking Road, refreshment-room keeper. Prisoner called on me on May 17 last. He was canvassing on behalf of the West Ham United Football Club and asked me if I would care to advertise in his fixture list. That is a well-known football club. He showed me a skeleton fixture list with the different columns blank and with the different people who had already taken space. He said he would give me first preference and told me the different prices. I chose the bottom one on the right-hand corner, which he said would be 9s. 6d. I gave him 10s. in gold. He gave at the change and the receipt. I identify the column I chose. It is a recognised list issued every year. He promised me a proof. Relying on his representation that he was representing the West Ham United Football Company and that this almanac was connected with them I parted with my money. I received no proof. I went to the address given on the receipt and found it empty. He had gone away owing rent. I made inquiries and found he was living in Studley Road, Forest Gate. I called there. His wife told me he was not at home. I said I had two young fellows who wanted to advertise in the fixture list. She said he would call on me. He called and wanted to know about those two young fellows, where they lived, and their names. I told him it would be a job to find them as they were in different businesses. I said I would find out and let him know. I said, "What about the fixture list; will it soon be ready?" He said, "Yes, in about three weeks. I am going to collect the matter to send to the printers." I heard nothing more until I saw the fixture list of the West Ham United, and my name was missing.

Cross-examined. I had a West Ham United fixture list in my shop, and you told me you were going to produce one exactly the same art he one you showed me. I was not told that you did not represent any club whatever and that it was a private enterprise of your own. I understand the West Ham United gave out their printcontract; I was not aware who the printing contractor was. I took you to be a genuine concern.

Miss RIDLEY, 445, Catherine Road, Forest Gate. In May last I was in the employ of Mr. Simpson. I remember prisoner calling He said he came on behalf of the West Ham United Football Club He used those words. I was scrubbing in the shop at the time. I did not see what he produced. There was hanging on the wall of the restaurant at the time a copy of the previous year's almanac, Mr. Simpson pointed to it, saying, "Will it be the same as this one? Prisoner replied "Yes."

Cross-examined. I heard you say you came from the West Ham United Club when I was in the shop. I was doing the seat. You had the almanac on the centre table on the right. There were only two customers there. I was on the next seat to you.

WILLIAM HENRY Honus, 23, Barking Road. On June 28 prisoner called on me to get an advertisement. He said, "I am canvassing on behalf of the West Ham United Football Club." I know that organisation. He said, "Would you like to have your advertisement on their football fixture list? I have two spaces left. I thought I would give you the first chance to have one." I said I would see He came into my shop. I called my brother and told him what prisoner had said. He said, "It will be a good thing, Bill, if it is at the right price." Prisoner had got the lists on the counter in front of him, one was with printed matter representing Woolwich and the other was a kind of skeleton affair with tradesmen's bags and bill heads pinned, barring three spaces, one was for the fixture list and the other two were for advertisements. Prisoner pointed to one of them and said, "That is a very prominent space. Why do not you have that one?" I said, "What is the figure?" He said, "12s. 6d., and this little one in the corner is 5s. You will be entitled to six copies yourself and these lists will be put in prominent positions in public halls and all suchlike in the district." I took the larger advertisement. He said, "Will you pay a deposit?" I said, "Will 2s. 6d. do?" He said "Yes." Then he said, "I will tell you something better than that; if you pay the money down I will give you 1s. discount." I then paid him 11s. 6d. and got a receipt When the West Ham United Football Company's list came out my advertisement did not appear.

Cross-examined. You did not hand me that sheet. You never produced the sheets in my shop. You had a sheet and referred to it as the Woolwich sheet, and it had printed matter on it. I have seen you twice since. You did not ask me how I liked the cricket sheet hanging next door. You said "Good morning," and just referred to the weather. You did not tell me it was your own enter prise or that you were the publisher of it.

GEORGE HENRY CLARKE , 218, High Street North, East Ham Prisoner called upon me on June 28 about 9 p.m. and said, "I am canvassing on behalf of the West Ham United Football fixture list Would you like to advertise?" at the same time showing an almanac It was in pencil. He said there was one advertisement left, three or four were after it, and if I did not decide it would soon be taken up. I asked him the charge. He said 10s. I said, "I do not think

shall have anything to do with it." After a lot of talking he said I said, "No, I shall not entertain it." He said "Pay now "He put the thing so well to me, saying it would be shown in pubic halls and free libraries, and it must increase my trade, that I decided. I paid him 8s. and got a receipt. When the fixture list came out my advertisement did not appear.

Cross-examined. I gave you the order at my office, 51, Green street, Upton Park. There are several public halls and libraries in Upton Park and East Ham.

(Other witnesses gave similar evidence.)

ERNEST KING (secretary, West Ham United Football Club). I do not know prisoner. He has had no connection with our club. He has had no authority to apply for orders for advertisements or to receive any money in respect of them.

Cross-examined. I have never seen you before. We have issued the same kind of list for the last five or six years. We do not give receipts like the one produced.

(Defence.)

Mrs. WEBSTER (prisoner's wife). When Mr. Simpson came to our house he asked if you were in. I said no. He said he was sorry, because he had two more customers for you and they wanted to go on the sheet near where he was. He said, "Does your husband publish this sheet himself?" I said "Yes." He said, "I am given to understand he has nothing to with the West Ham Club. "I said, "Nothing whatever," and he asked me, did I know if my husband had any spaces to let on the sheet. I said I did not know. He said these two people, one an electrical engineer and the other a gas and hot water fitter, wanted spaces. I said when my husband came home.

I would tell him. He said, "I hope he will not let the spaces, as he was very anxious these two friends should go on the sheet.

Cross-examined. This was some time in August, about six weeks before the first match was to be played.

JOHN WEBSTER (prisoner, not on oath). It is with sincere regret that I am standing before you this day. I can honestly say that all the evidence with reference to my representing the West Ham Foot ball Club is entirely false. It is nothing more than a conspiracy against me. This is a private enterprise of my own with reference to cricket and football fixtures. There are my cricket fixtures for this year's cricket clubs. The football ones, if I had been at home until last Saturday week, would have been all distributed like the cricket ones were. On the football one you will see where there is a cross. They are repeat orders. Every one of these people know it is a private enterprise, and nothing to do with the West Ham Club. If I had represented myself as representing the club I could have taken orders that would have filled up fifty sheets. When they asked me I distinctly said "No," and there are two people on that sheet now who were willing to make me a cheque out. They said, "I will give you an order; I will make the cheque out to the West Ham

United Football Club." I could have taken the money, but I never represented the club.

Verdict, Guilty.

Prisoner confessed to having been convicted at North London Sessions on October 13, 1903, for obtaining money by false pretences and another conviction was proved.

Sentence, 15 months' hard labour.

Reference Number: t19090907-117

HARCOÜRT, William (46, carpenter) , obtaining by false pretences from Walter George Lamb one peck of cement, one trowel, one gallon of varnish, one brush, one knife, and one other gallon of varnish, in each case with intent to defraud.

Mr. Morrow prosecuted.

WALTER GEORGE LAMB , 17, Imperial Terrace, East Ham, dealer in building materials. On June 7 prisoner came to my shop. He said, "I have a job to do at Jeyes' at Plaistow. Can you help me out with it?" I said, "What is it?" He said he wanted a peck of cement and a trowel. I let him have them, believing he was employed by Jeyes'. He promised to pay for them on the morrow. I have not been paid.

Cross-examined. I knew you before this. You had a man with you when you came for the cement. You said it was for your job. I had offered to employ you.

LACRA ALICE LAMB (wife of last witness). On June 25 prisoner came and said he had come from Jeyes', could I let him have a gallon of varnish, a stopping knife, and a dusting brush? My husband was upstairs ill. I gave him the things. He has not paid for I them.

Cross-examined. I should not have given you the things if I had I not known where you came from.

JOSEPH TERTIUS SMITH (manager to Jeyes' Sanitary Compound Company). As far as I know no person employed by my company sent prisoner to prosecutor to get goods. We should not send for them; they would be got out of our stores.

(Defence.)

WILLIAM HARCOURT (prisoner, not on oath). I went to get the cement for a man named Parker, who told me he had a job at this factory. He asked me if I would help him. He wished to get it done that afternoon. He said he would want some cement, about a painful. I suggested going to prosecutor's, as I had arranged to do work for him and thought he would trust me with it. I told prosecutor it was going to Jeyes' place, and it did go there, and was used. I asked him to lend me a trowel. He said he had not one to lend, but would sell me one. After I had worked two hours Parker said he could not pay me till he had seen the manager and I could

not pay prosecutor. I took his trowel back and as I had another job to do I had the varnish. I did not say I had come from Jeyes', Verdict, Guilty. Fourteen previous convictions were proved. Sentence, Six months' hard labour.

BEFORE THE RECORDER.

(Saturday, September 11.)

Reference Number: t19090907-118

POLITZ, Theodore Hilton (32, agent) ; obtaining by false pretests from the Royal London Mutual Insurance Company, limited, the several sums of 9d., 1s. 11d., and 9 1/2 d.; falsifying a collecting book, the goods of the said company; and feloniously forging, knowing the same to be forged, three several authorities, to wit, assurance proposals, in each case with intent to defraud. Mr. George Elliott, K. C., and Mr. Drucquer prosecuted. ERNEST ALBERT ELDRIDGE. I am superintendent of the company's branch office at 425, Grove Green Road, Leytonstone. Prisoner joined the society as a whole-time agent on September 7, 1907. At that time it was a friendly society and has since been turned into a company. He signed an agreement of service in the limited company on October 19, 1906, by which he agreed to give' his whole time to the society and to obey the instructions of the superintendent and the directors of the society. As a remuneration he was to receive ten times the amount of the first premium and 25 per cent, on all premiums collected. The business is confined to life assurance, and the society was established in 1861. His duties were to introduce new business and to collect upon the same. The agents are not appointed to one district, but can go where they like. Every week he rendered an account to my branch office. On January 11 I made an analysis of the business Politz had done from his books. The analysis showed that the new business was costing too much, naturally showing a too large percentage of bad business.

(Monday, September 13.)

ERNEST ALBERT ELDRIDGE , further examined. At my request he made out an account showing the actual amount of arrears, which showed that at that date he was in arrear £8 19s. 4¿d. Upon that sum there was due to him on the 25 per cent, commission basis £2 4s. 10d., of course, assuming that the business was genuine and bona fide. That would leave £6 14s. 6 1/2 d. actually due to the company. At that time we had in hand due to him £2 13s. in addition to the £2 14s. 10d., and he gave me his I O U for the balance of £4" 1s. 6 1/2 d. due from him. At that time I did not know that part

of the new business was not genuine. I look at the proposal form purporting to be signed by Beatrice Hutchinson, dated March 26, insuring the lives of William Floyd, aged 62 next birthday, the weekly premium being 4d. Beatrice Hutchinson is represented to be his daughter. The form was put forward by the prisoner and I believed it to be a subsisting insurance, there being a report upon the form to this effect, "Having made careful inquiries I believe the above particulars to be true and correct, and therefore recommend the directors to grant the policy in accordance therewith. Premiums will be paid by——." Then it is signed by the agent. At the end of the week prisoner made the usual return of the new business introduced during the week, amongst which this proposal appeared. Upon it prisoner would be entitled to credit himself with 3s. 4d. and he credits himself with 10 times the premium on the sheet. Another proposal purports to be signed by Beatrice Hutchinson effecting insurance on the life of Martha Floyd, the wife of William, the premium in that case being 3d., prisoner being entitled to 2s. 6d. if the insurance was genuine, making 5s. 10d. for the week. The name of Martha Floyd appears in the list of new business with that of William Floyd, and prisoner signed the following certificate: "I hereby certify that the above mentioned industrial business has been legitimately obtained, that I have received the first premium in each case from the assured, and that this certificate and summary are correct." On the other side of the weekly return there is a list of premiums collected during the week under numbers corresponding with numbers in the collecting book and including the premiums purporting to have been paid in respect of William Floyd and Martha Floyd. The collecting book is kept by prisoner and he hands it in each week. At the bottom of the statement of cash received there is a summary and balance struck, in which 25 per cent, of the total premiums collected during the week is credited to prisoner. Besides the insurance of William and Martha Floyd, there was genuine new business during the week to the amount of 1s. 11d., representing several policies, making the total new business 2s. 6d., on which prisoner would be entitled to 10 times 2s. 6d., equals £1 5s. In crediting himself with that amount prisoner credited himself with 5s. 10d. more than he ought to have done. He also credited himself with 7s. 8d. being 25 per cent, on the total amount of premiums collected. Instead of crediting himself with £112s. 8d. he should only have credited him self with £1 6s. 8d. I handed over to him 1s. 11d., which was apparently due to him.

To the Jury. None of these forms are signed by the inspector, who is supposed to be a check on the collector. The inspector only signs those forms as to which it is thought necessary to make inquiry.

Witness proceeded to give evidence as to a proposal form in the names of Henry Roberts and Martha Roberts, purporting to be signed by Ada Robinson, their daughter, of 18, Bolton Road, Plais tow, on April 2, the premiums in each case being 3d. The names

of the two Roberts appeared in the weekly list and the premiums were entered in the collecting book. The amount collected for the week ending April 10 was £1 13s. 11 1/2 d., and all the business was genuine excepting that relating to the two Roberts. Prisoner credited himself with 5s. in respect of the Roberts' policy, and instead of crediting himself as he did with £1 6s. 3d. he should only gave credited himself with £1 1s. 3d. Another fictitious proposal was one signed by Emily Raggett upon the life of her child Arthur R Raggett, aged eight, the premium being 1d. weekly, dated February 24. The proposal appeared in the list of new business for the week ending February 27, and the payment was included in the cash return. In that week prisoner credited himself with new business and commission amounting to £1 8s. 4d.; deducting the 10 weekly payments of 1d., the amount should have been £1 7s. 6d. Prisoner average earnings were £1 18s. 10d. during the two years he was in the service. The sums of 9d. and 9 1/2 d. were paid to prisoner a balances apparently due to him. The company employs 2,000 agents.

Prisoner here stated that the 10 weeks' premium advanced by the company would have to be refunded if the premiums were not paid. The Recorder. How can you justify placing before your employers a false proposal knowing it to be false? Prisoner replied that it was a common occurrence in this kind of insurance business.

The Recorder. I understand you now to say you admit this was false proposal, and you did it because other people do it.

Prisoner. I had no idea of defrauding the society. I have never done inch a thing in my life.

The Recorder. But you did defraud them of these sums.

Prisoner. That would have been all paid back out of my own pocket.

The Recorder. That is no answer in law. A servant must not falsify his account between himself and his employer and get money as is not entitled to and then say, "I never intended to defraud; I was going to pay it back again."

Prisoner. I did not look at it in that light; it is such a common thing.

The Recorder said that in his opinion there was no defence to this case. Business could not be carried on if commission agents could deliberately put before their employers false statements of amount.

On the advice of the Recorder, prisoner with drew his plea and pleaded guilty.

The Jury accordingly found him guilty, and expressed the opinion that the method of doing business was a very lax one, in which expression the Recorder concurred.

Mr. Elliott said the system had been in operation in this company for over half a century, and was the same as that adopted by the "Prudential," one of the largest industrial organisations of the kind, and in that case he believed it had worked satisfactorily. As

prisoner had said, he would have had to repay the premiums advanced to him if they were not subsequently paid.

The Recorder said in his opinion Here had been great laxity in this case, but nothing could justify a commission agent in inventing claims, getting the commission that they represented and putting it into his pocket.

Sentence, Seven days' imprisonment, entitling prisoner, who has borne a good character, to be discharged.

BEFORE THE COMMON SERJEANT.

(Monday, September 13.)

Reference Number: t19090907-119

JACKSON, Joseph Edward (57, labourer) ; between August 26 and 27, 1909, stealing one mare, the goods of Frederick Joseph Atwell. Mr. Eustace Fulton prosecuted.

FREDERICK JOSEPH ATWELL , 65, Roberts Road, Walthamstow, van manager. On August 26, 1909, between 6 and 7 p.m., I saw my blue roan mare at grass in a field by Folly Lane. The next morning I found it had gone, and the following day, Saturday, I went to Crossey's stable, at Holloway, and found the mare. Its value is £5 10s.

PATRICK CROSSEY , 59, Wellington Road, Barnsbury, horse dealer On August 27, at 2 p.m., I was in Islington Cattle Market, when prisoner came to me with the blue roan mare identified by the prosecutor and said, "I have got a knocker to sell you." I said, "How much do you want for it?" He said, "£4." I said, "Not worth it she is only worth £3 for to kill." After some discussion he agreed to sell it for £3. I then said, "I do not know you—who knows you?" He said, "I am known by everyone." I said, "Before I pay you I want to know someone who knows you." He then took me to the man at the gate of the Cattle Market who passes horses in and clips the tickets, and he stated that he knew the prisoner. I then paid prisoner the £3. The mare was put in my stable and identified by Atwell the following day.

Detective THOMAS CASTLETON, N Division, stationed at Waltham stow. On August 30, at 10 a.m., I saw prisoner and told him I was a police officer and should arrest him for stealing a blue roan mare on the previous Friday morning from a field at Folly Lane, which he had sold to Crossey for £3. He said, "You have made a mistake. "I said, "Well, I shall take you to the station, where you will he put up for identification." He then said, "Well, look here; I will tell you the truth. I was down at Chingford on Thursday, when I met a gipsy, who said that he had an old mare he could do nothing with. He took me to a field in Folly Lane, showed it me, and said, 'There she is, the old cow. His house-van was in the corner of the field We arranged for me to meet him at 3.30 the following morning.

got up, but I was a bit late when I met him, and he gave me the mare and followed me up the road all the way to the market. He said he knew a buyer, but would not deal with him, but a man named Stumpy found the buyer, which was Irish Pat, and he had half a quid for finding him. I paid Stumpy his half a quid in the Pocock Arms. I took the 50 bob to the gipsy, who was waiting outside, and he gave me a dollar back." At the police court prisoner said, "It took me three hours to get up the road."

(Defence.)

JOSEPH EDWARD JACKSON (prisoner, on oath). On August 26 I met a man, whom I had been in company with several time. He told me he had an old mare which he would be glad to get rid of, as he could do nothing with her. I told him I would meet him next morning on the road at three o'clock. I did not meet him till 20 minutes to six—the mare was feeding on the waste ground on the road side. He gave her over to me and walked by my side to the Caledonian Road Cattle Market, where he said "he knew a buyer who, he said, would not buy anything from him. He then left me. Then a man known by the name of "Cut Stumpy "came down to me and said, Jackson, I have got to find a buyer for that knocker—I am going to send Patsy Hearn down to you." I saw Patsy Hearn (Crossey) coming down the road. I said to him," Are you a buyer of a knacker." He said, "Yes." I showed it to him and asked £4, as I I was told to do. He said, "It is not worth £4 to me, I will give you £3 and I agreed. He then asked if there was anyone in the market knew me. I took him to the gatekeeper, who said he knew me and my brothers. Crossey then paid me £3. I went to the Pocock Arms, where Stumpy took 10s. I handed the £2 10s. to the gipsy and he gave me 5s. back out of it.

Cross-examined. I have been a good deal in the gipsy's company. He answers to the name of "Charlie Eyster"—I heard in Brixton that he bears that name. I know Stumpy by seeing him about the market and such places. I have not asked for him to be brought here. I did not ask the gipsy why he could not sell the horse himself—it did not come into my mind that there was anything wrong.

Verdict, Guilty.

Prisoner confessed to having been convicted at Clerkenwell Sessions on September 5, 1903, when he received three and a quarter years' penal servitude and three years police supervision for horse-stealing. Nine other convictions of horse and van stealing were proved, including 12 months, 18 months, 5 years, 5 years, 6 months, 3 1/2 years, 18 months, his last sentence being 3 £ years at North London Sessions for stealing a horse, van and contents.

The Common Serjeant said that this was a case in which the prisoner should have been dealt with as an habitual criminal under

the Prevention of Crimes Act, 1908, hut as he was not indicted in that way he could not he so dealt with.

Sentence, Four years' penal servitude.

Reference Number: t19090907-120

STOCKDALE, George (44, tinsmith) and DUKELOW, Peter (27, fireman) , both on August 19, 1909, stealing £1 10s., the moneys of Henry Newcombe, the elder.

Mr. Eustace Fulton prosecuted.

HENRY NEWCOMBE . I am manager for my father, the licensee of the Earl of Derby public-house, London Road, West Ham. On August 19, 1909, at 4.30 p.m., the prisoners were in my bar there were several others there who left, and the prisoners were alone. I had occasion to leave the bar, and as I got outside the door, behind which was a Cox's till, I heard a sound and turned sharply back, when I saw Stockdale with stick produced in his hands. It is a fishing-rod and has sticky substance on a roll at the end of it. There was in the till £5 10s. in silver and a sovereign and a half-sovereign. The two gold coins were missing. I called out to my father, "Dad, they are taking money from the till by means of a stick,' and came into the bar, when the prisoners ran away. I gave chase. I saw Stock-dale throw the end part of the stick away while he was running. I caught him. He said, "All right guvnor, I have not got it with me, I have just thrown it away. "I gave him into custody. Dukelow escaped. On the following Saturday night I went to Plaistow Police Station, where I readily picked out Dukelow from a number of other men.

Cross-examined. I saw Stockdale with the stick in his hand and the money had disappeared. He dropped the coin in the bar outside the counter, picked it up and ran off. I did not recover the money. I did not see Dukelow pick any money up. He ran and threw the other part of the stick away. They had pulled the stick apart. Dukelow was not reading the paper when I left the bar.

Police-constable THOMAS GLADSTONE, 151 K, stationed at Plaistow. On August 15, at 5.15 p.m., I saw Stockdale detained in High Street, Plaistow, by the last witness, who said, "I want to give this man in charge for stealing 30s. from the till." I said to Stockdale, "Do you understand what he said?" Stockdale said, "Yes, sir; quite right, sir." I said, "I shall take you to the station on that charge." He said, "All right, sir." When charged at the station he said, "All right." I searched him, found 4d. in bronze and a seaman's discharge book. When the charge was read over he said, "All right, sir."

Detective-sergeant CHARLES HUTTON, K Division, stationed at Plaistow. On August 31, at 8.30 p.m., I saw Dukelow and told him I was a police officer and should take him into custody on suspicion of being concerned with a man named Stockdale in stealing 30s. from the bar of the "Earl of Derby "public-house at 5 p.m. on Thursday, the 19th inst. He made no reply. On the way to the station he said, "What time?" I told him, "5 p.m." At the station he was

Placed with nine other men and at once identified by Newcombe. He was then charged and made no reply. I found a seaman's discharge book on him.

Stockdale's statement before the magistrate. "I have nothing to say and no witnesses to call."

Dukelow's statement." I was with Stockdale. I have been out of work for a long time. As this is the first time I have ever done a thing like that I hope you will make it a bit light."

(Defence.)

George STOCKDALE (prisoner, not on oath). I have nothing to say.

Peter DUKELOW (prisoner, not on oath). I was waiting outside the plaistow Station at about three o'clock, when Stockdale asked me to come and have a drink. I never saw any stick. I was reading the paper the time. I saw Stockdale run out; I thought there was a row and I came out too.

Verdict (both), Guilty.

Stockdale confessed to having been convicted at this court on December 30, 1898, for stealing rabbits, receiving four months' hard Hour Several other short convictions for larceny and assault were proved. Dukelow had been summarily convicted in 1896.

sentence: Stockdale, Six months' hard labour; Dukelow, Two months' hard labour.

BEFORE THE COMMON SERJEANT. (Tuesday, September 14.)

Reference Number: t19090907-121

STERNE, William (20, shoemaker), pleaded guilty of on July 31, 1909, burglary in the dwelling-house of Kate Dalley with intent to steal therein; on July 28, 1909, burglary in the dwelling-house of kate Dalley and stealing therein one bunch of keys, the goods of Daisy Gurr.

In June, 1901, prisoner was convicted of sacrilege and sent to an industrial school until the age of 16

sentence, Six months' hard labour.

BEFORE THE RECORDER.

(Wednesday, September 15.)

Reference Number: t19090907-122

JAMES, Frederick (34, labourer) , breaking and entering the dwelling house of William Rayner with intent to steal therein; attempting to break and enter the dwelling-house of James Clarey with intent to steal therein.

Mr. Bickmore prosecuted.

Police-constable GEORGE SHIELDS, 717 K. On August 2, about 5 p.m., I was off duty at my house, 28, Frederick Road. West Ham. Frederick Road overlooks 55 and 56, Invicta Road, which are flats occupied by a number of people. I saw prisoner and another man standing outside the house. Prisoner took a jemmy from his inside pocket. They walked to the door. The other man put the jimmy in the door and prisoner put his knee to the door, which flew open. Both entered and shut the door. I sent my wife to the police station for assistance and in the meantime kept the place under observation In a few minutes I saw prisoner and the other man go up the back-stairs and in a short time they came down again. I lost sight of them for a few minutes, and then saw prisoner go to No. 8, Randall Road. I caught hold of him and told him I was a police officer and should take him into custody for housebreaking in Invicta Road. He replied, "You have made a mistake." I took him to the police station, where, in reply to the charge, he said, "All right. "The other man darted past me and ran straight away.

KATE SHIELDS , wife of last witness. On August 2, about 4.15 p.m., I was in my front room, and through the window saw two men, one of them being prisoner, acting suspiciously. They walked to 56. Invicta Road, and the other man rang the bell twice; he then rapped on the letter-box twice. Then he stooped to look through the letter box; next I saw them trying to force the door. I called my husband and told him what I had seen. I saw prisoner hand the other man what looked like a piece of iron. My husband sent me to the police station on for assistance. I have no doubt whatever that prisoner was one of the men; as I was coming back I saw my husband taking him to the station.

WM. RATHER , carman. I am married and live at 55, Invicta Road I left my flat at 3.30 p.m. on August 2. it was then empty. I returned about 11.30 p.m. and found a police-constable standing at the corner. I found my place upside down. The latch 'had been broken off the door inside. On the outside of the door there were marks of an instrument having been used to force it open. In the bedroom all the drawers were turned over and the bed had been tampered with.

Police-sergeant WALTER BAXTER. 93 K, stationed at West Ham On August 2, at about 5 p.m., I was called to the premises, 55 and 56, Invicta Road. On examining the door of 56 I found an attempt had been made to, force the back door and this portion of a jimmy (produced)" was wedged in between the door post and the door.

Prisoner handed in a statement in which he said that on the day in question he was on his way home through Rendlesham Road, a thoroughfare parallel to Invicta Road, and when about five yards from the house which was broken into he saw two men rush out of the doorway and run down the street. He stopped to see what they were running for when the constable came up and said, "I want you for breaking into that house." He was taken to the station, where nothing was found on him. Taken before the magistrate,

remanded for eight days. A day or two afterwards a man named holder was arrested, and they were both examined on August 10. Both the officer and his wife swore that they watched the two men for 25 minutes and never lost sight of them, but Fielder brought six finesses to prove that he was at Southend on the day in question and he was discharged. If the officer and his wife were proved to be Mistaken as to one man, they might (he argued) be mistaken as to the other. He had lived in that part of West Ham for 36 years.

Mrs. SHIELDS, recalled, stated that there were very few people about in the afternoon of August 2. She identified Fielder from amongst a number of other men.

Police constable SHIELDS, recalled, said that when his wife called his attention to this matter he was resting. He identified Fielder and picked him out from ten others two days afterwards. The fate are self-contained and the back stairs lead to the upper flat. Fielder was six or seven yards off when witness arrested James. James gave no account of himself and no address at the station.

Prisoner JAMES. I told them I was living at a bootmakers in canning Town.

Verdict, Not guilty.

Reference Number: t19090907-123

COMPTON, George (38, baker) ; stealing one gallon of overproof run, the goods of the Royal Mail Steam Packet Company, Limited, Mr. Bickmore prosecuted.

Dock-constable JOHN BREWER, Victoria Docks. On August 9, about 5 p.m., I was on duty in the dock, where-1 saw prisoner and kept him under observation. He is a docker, but never does any work. He was standing in the shed when I first taw him. When he saw me he took off his coat and pretended to be working with the other men, who were moving some full sacks. I went away to the top of the jetty and stood there a few minutes, still keeping observation, and saw prisoner leave the shed carrying a jute bag in each hind. He then came on to the jetty, picked up some empty bottles and pat them into one of the bags, which he tied up. He had been carrying beer in for the dockers. I followed him to the gate, where stopped him. I told him I wanted to examine the bags, and asked him to untie them. He said, "You must untie them yourself." I stooped down to untie the bags. Prisoner then bolted away. I gave chase, but he was lost in the crowd of men leaving the docks, I have known him for 12 months or more. In one of the bags I found 27 empty bottles, and underneath them seven bottles of rum. I produce the bottles of rum, which have since been sealed by H. M. Custom House officers. I communicated with the Metropolitan Police and they arrested prisoner an hour and a half later. He was charged with being in possession of seven bottles of overproof rum belonging to the Royal Mail Steam Packet Company, and made no reply to the charge. To my knowledge rum is stored in the sheds along the quay This particular shed was open, as the men were working at the time. The bottles he was taking away were empty beer bottles. He had no business to take them.

To Prisoner. Beer is not supplied at the jetties without permissions. You had no permission to supply beer. I know several men who have permission.

To the Recorder. A shed is about 100 yards long and there was one man there to watch. Prisoner had not time to draw out the rum while I was watching him and it must have been all ready beforehand. Detective-constable WALTER LILLEY, Victoria Docks. On August 10, at 8 a.m., I went to "D" jetty. There were Rome casks of rum stored in "D "shed, about 200 puncheons. I examined the casks and found that one had had the tin removed from the shive and the shive had been taken out and so replaced that you could take it out with your finger and thumb. The shive is a kind of wooden bung; we have to use wood on account of the spirit. With the shive in that position the rum could easily be removed from the cask and transferred to a bottle. Behind the cask there is a gangway. I there found two empty bottles, which had contained beer. A good number of people have access to that shed and anybody knowing the condition of the casks and wishing to abstract the spirit would have the opportunity of filling up those bottles. I pointed out the puncheon to the Custom house officer on the station, and in my presence he drew a sample from the cask.

SAMUEL HECK , Custom House officer. I examined the cask mentioned by last witness. Its full contents should have been 101 gallons I found a deficiency of six and a half gallons, but do not assume that six and a half gallons were taken out, it being customary to find even in a cask which has not been tampered with a vacuity representing a deficiency of three gallons or four gallons. The deficiency in this case was an unusual one, and I estimate that 2 1/2 gallons had been removed. The strength of the sample I took was 40. 4 deg. over proof. The spirit is from Demurrer a, and the average strength would be 36 deg or 40 deg. over proof. I found two of the bottles of rum produced by the police to be 39 deg. over proof and have no doubt the spirit came from the cask I examined. The value of the spirit in the seven bottles is 10s. 10d., and the duty upon it is £12s. 4d. £112s. 5d.

HARRY BOWMAN , assistant superintendent, Royal Mail Steam Packet Company. On August 4 we were discharging rum from the Catalonia at "D" jetty. Prisoner was not working for the company and bad no right to enter the premises or take rum. The rum in these bottles is the property of the company, who are the only people that discharge rum in the dock. The rum on being discharged would remain on the jetty a short time before it goes into bond.

Police-constable WILLIAM WALLER, 218, K. On August 9, about 7.30 p.m., I was on duty at the Victoria Dock and saw prisoner. Information had previously been received that a man named Compton was wanted for being in unlawful possession of bottles of rum I took him into custody; he said, "All right." When charged at the station he made no reply. To Prisoner. You were in drink when I arrested you.

prisoner said he took the beer into the shed in place of the man who usually did so, who was laid up, thinking he might as well earn a few shillings in that way as anybody else. The bottles of mm, he alleged, hid been put into the bag for spite by people who were jealous of him asking on the job.

Verdict, Guilty of feloniously receiving. Several previous convictions.

Sentence, Eighteen months' hard labour.

BEFORE THE COMMON SERJEANT. (Wednesday, September 15.)

Reference Number: t19090907-124

BRETT, James (23 carman), and HEATH, Arthur (38, catameat vendor) , both maliciously causing grievous bodily harm to Minnie samovitz.

Mr. Allan Ramsay prosecuted; Mr. H. Warburton defended Brett, Mr. Gervais Rentoul defended Heath.

ABRAHAM SLAMOVITZ , 349, Queen's Road, Upton Park. On July 26, at 3 p.m., I was standing at my stall with my daughter Minnie, who was then 2✗ years old, when I heard a scream and saw her lying in the road on her face. I picked her up, when I saw prisoners driving away in a trap. My daughter's face was bleeding. After taking her to a doctor I took her to the London Hospital, where she was examined. There were no bones broken. She was in bed for three weeks and is still suffering from nervous attacks. There were a number of people in the road screaming.

Cross-examined. I did not see the accident. The two prisoners were charged at the police court—Brett had a month's imprisonment and Heath was fined. I have taken civil proceedings through a society the solicitor has written demanding damages. There was not such traffic in the road.

Re-examined. Prisoners were convicted at East Ham Police Court of being drunk in charge of a vehicle.

JOHN PACKER , M. B., 336, Queen's Road, Upton Park. On July 26, at 3 p.m., I examined the child Minnie. She was in a condition of shock and moaning; there were no broken bones or bruises—there was an abrasion across the face, apparently caused by the face rubbing against the road or the wheel. I attended her until August 4. She complained of pain in the back and was suffering from shock to the servous system. The injury to the face was quite superficial. I was informed that she starts up in her sleep.

ANNIE BAUM , 341, Queen's Road, Upton Park. On July 26 I saw the child lying in the road beneath the wheels of the cart. The two Prisoners were in the cart—they drove away. A great many people were shouting. I think Brett was driving.

Cross-examined. I did not notice Heath trying to stop the cart—it was going very quickly.

RAY MARKS , 260, Queens Road, Upton Park, wife of David Marks On July 26, at 3.5 p.m., I was walking home in Queens Road when I saw a cart and horse galloping along zig-zagging from side to side of the road. The horse knocked the child down. I screamed and shouted to stop the men but no notice was taken. I assisted the father to take the child to the doctor.

Cross-examined by Mr. Rentoul. The men tried to get out of the way of the child. I saw two men in the cart, but I did not see what they were doing.

Re-examined. The men made no effort to stop—they drove right away. One man 'held the whip and the other the reins.

BEN FILDMAN , 337, Queen's Road, cycle maker. On July 26, at 3 p.m., I saw a man and a boy running and shouting after a light spring cart in which Brett was driving, Heath sitting beside him They were driving eight to ten miles an hour on the near side. I then saw the child lying in the road. I holloaed out to them to stop, jumped on to a bicycle which was standing there and rode after them about 1 £ miles. Heath seemed to be trying to get Brett to stop, but the cart seemed to increase its pace. I spoke to a Constable, who took my bicycle and rode after them. There was no other traffic in the road, but with the stalls all along one side they could not see anyone very well who stepped out from a stall.

Police-constable JOHN GOWING, 640 K. On July 26, at about 3.20, I was in Katharine Road, East Ham, when I saw a pony and trap containing the two prisoners. Brett was holding the reins. Heath sitting on the offside had the whip in his hand whipping the pony, which was galloping full speed. Fildman spoke to me. I mounted his bicycle and followed the cart through Forest Road. blowing my whistle at intervals. As I did so Heath kept looking round at me and urging the pony. I followed them about four miles to Fernside, Beckton, when Sergeant Gale also took up the chase I on a bicycle, and we succeeded in stopping them. The pony was very much exhausted, bleeding from the flanks, the blood running down its hind legs. Its hind shoes were worn and the hoofs broken The prisoners were taken to East Ham Police Station, Brett was charged with being drunk in charge of a vehicle, Heath with being drunk and concerned with Brett in driving to the common danger Brett was very drunk. Heath was not so drunk, but very much excited—he knew what he was doing; he was in liquor but not so badly as Brett. I was informed of the present charge and inter viewed the father, but the accident was in West Ham another jurisdiction, where they were charged with the offence.

Cross-examined by Mr. Rentoul. Heath was not trying to get Brett to pull up; he was urging the pony on and lashing it cruelly The reins were taken from Brett and the whip from Heath. Heath was not so drunk but that he knew what he was doing he was very much excited. Brett was very drunk.

Sergeant SAMUEL GALE, 110 K. On July 26, at about 3.15 p.m., I was returning to East Ham Police Station, when I beard cries and saw the prisoners seated in a pony trap driving at an excessive pace. I gave chase on my bicycle, overtook them at Cyprus Place, New Beckton. and took them into custody for being drunk and furiously driving. I took them to the station. Brett was charged with being drunk in charge of the pony and cart; both with being concerned in furiously driving the pony. Between 4 and 5 p.m. I learnt that a child had been knocked down. I saw the prisoners again and said, I as going to charge you with causing grievous bodily harm to Minnie Slamovitz at about 3 p.m. in Queen's Road." They were then charged and made no reply. It was found the other charge was in west Ham, and they were recharged at West Ham Police Court.

(Defence.)

ALBERT HENRY HEATH (prisoner, on oath). I live at 67, Eastbourne Road, West Ham, and am a catsmeat man. On July 26, at 3 p.m., I was in Whitechapel, coming home from market, when I met Brett in the trap, which belongs to his uncle, and came home with him, we had one or two drinks and Brett had a row with a publican. I got him out into the trap and came with him to see him home. As we cane down Queen's Road the child ran across the road, ran back, and then dashed right into the pony. The pony shied, the little child was knocked down, the pony bolted, and it was some time before Brett could control him. After we had got some distance I heard a policeman whistle. Both before and after I tried to stop the pony. At the up of the road the pony eased a bit, but Brett, being drunk and very excited, paid no attention and drove on. I tried to get the reins from him and got the whip away from him, but could not get him to stop. The police then chased us. I put the whip down in the cart and tried a got hold of the reins. I did not whip the horse at all. I tried my but to stop thepony. The Common Serjeant directed that the Jury should acquit the prisoners of intentional assault and causing grievous bodily harm, and put the question whether they caused injury by wanton or furious driving, by wilful misconduct or wilful neglect.

Verdict (both), Guilty on the third count; not guilty on the first.

and second counts.

Sentence: Brett, Three weeks' imprisonment, second division.

Heath, one month's imprisonment, second division.

BEFORE THE RECORDER.

(Thursday, September 16.)

Reference Number: t19090907-125

READ, lames Hugh (42, labourer) , maliciously throwing a certain corrosive fluid called carbolic acid at George William Cole, with intent to do him some grievous bodily harm.

Mr. Bickmore prosecuted; Mr. Warburton defended. WILLIAM GEORGE COLE, 76, Forest Street, Forest Gate, carman. I have lived next door to prisoner with my parents twelve months; he was there when we came. There is a wooden fence dividing the two. gardens. When I came home to my dinner on Sunday, August 15. mother stood in the kitchen crying. I went into the back garden. and standing on a chair told prisoner if he did not stop calling my mother filthy names I should put a stop to it. He had a jug in his hand and threw the contents into my face, saying, "Take that you bastard." I was seen by a doctor and my father sent fur the police. I was not seriously injured.

Cross-examined. I am not employed by the local Council. I cannot get carbolic acid from the Council. Mr. Read's wife gave my wife half a pail full of carbolic acid to put down the sink. My father offered bait of it back, but Mrs. Read said she had plenty of it indoors. I was not drunk on this afternoon. I was at a public house from quarter past two till closing time. I did not call prisoner's wife offensive names. I did not say, "Fetch your f—g husband; I will blind him," or anything like that. I had not a broomstick in my hand when I was standing on the chair. The carbolic, acid was not accidentally knocked over. I do not know it was prisoner who went to fetch the policeman. I do not recollect anything after the stuff was thrown over me until 10 o'clock at night Re-examined. I was in the public-house three-quarters of an hour and had five or six drinks. My mother used the carbolic acid given her by the prisoner to put down the drains.

It appearing that the Grand Jury had ignored the graver counts, acting on the advice of counsel, prisoner pleaded guilty, and was released on his own recognisances in £20 to come up for judgment if called upon.

SURREY CASE.

BEFORE JUDGE LUMLEY SMITH.

(Thursday, September 9.)

Reference Number: t19090907-126

HIGGINS, Henry (45, labourer), pleaded guilty of, on August 6, 1909, stealing one purse containing £3 2s., the goods and moneys of Emma Gall.

Mr. B. MOORE, who appeared to prosecute, said prisoner was seen by a lady, living two doors away from prosecutrix's house, to put his hand through the open window and take something from it. She gave notice to the police and prisoner was pursued and found in a public-house. On the way to the station he confessed.

Numerous convictions were proved, three months' imprisonment being the longest sentence.

Sentence, Four months' hard labour.


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