Vol. CLII.] Part 902.
CENTRAL CRIMINAL COURT
HELD DEC. 7TH, 1909, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writer to the Court.
POINTS OF LAW AND PRACTICE
R. F. GRAHAM-CAMPBELL, ESQUIRE,
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
GEO. WALPOLE, PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W. C.
THE ARGUS PRINTING COMPANY, LIMITED,
10, TEMPLE AVENUE, AND TUDOR STREET,
LONDON, E. C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, December 7th, 1909, and following days.
Before the Right Hon. Sir JOHN KNILL , Baronet, LORD MAYOR of the City of London; the Hon. Sir ARTHUR MOSELEY CHANNELL, Knight one of the Justices of His Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knight; Sir HORATIO DAVID DAVIES , K. O. M. G.; Sir JOHN POUND , Bart.; Sir T. VBZBX STRONG, Knight; Sir T. VANSITTART BOWATER, Knight; and FRANCIS STANHOPE, HANSON, Esq., Aldermen of the said City; Sir FORREST FULTON , Knight, K. C., Recorder of the said City; Sir FK. ALBERT BOSANQUET, K. C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH , K. C., Commissioner; and His Honour Judge RENTOUL, K. C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
RALPH SLAZENOER, Esq.
J. D. LANGTON, Esq.
W. J. B. TIPPETTS, Esq.
CENTRAL CRIMINAL COURT.
KNILL, MAYOR. SECOND SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, December 7.)
THOMSON, Frederick Samuel Hahnemann (55, no occupation) , who pleaded guilty at the November Sessions (see page 88) of maliciously publishing certain defamatory libels of and concerning Leopold Albu and George Albu, was now released on his own recognisances in £250 to come up for judgment if called upon.
WILLIAMS, Joseph (21, clerk) , who pleaded guilty at the November Sessions (see page 12) of uttering, knowing the same to be forged, an order for the payment of £6 2s. 6d., with intent to defraud, was brought up for judgment.
Mr. Arthur Playle, an officer in the Salvation Army, having undertaken to obtain him employment, prisoner was released on his own recognisances in £25 to come up for judgment if called upon.
GOODSWIN, Walter (48, traveller) , who pleaded guilty at the November Sessions (see page 78) of obtaining by false pretences from Travers and Sons, Limited, two cases of whisky; from Herbert John Walter Brooks, and said Travers and Sons, Limited, one case of whisky and one case of port wine; from William Smith and Charles Kinloch and Company, Limited, one case of brandy and two cases of whisky; and from Walter William Taylor and H. T. Roydant and Company, Limited, two cases of whisky, in each case with intent to defraud, was now released on his own recognisances in £25 to come up for judgment if called upon.
BELLINGHAM, John, otherwise Veryn (29, dealer) , pleaded guilty of receiving one mat, the goods of the Aerated Bread Company, Limited, well knowing the same to have been stolen; and also confessed to having been convicted at this Court on January 12, 1909, receiving six months' hard labour, for larceny, after a previous summary conviction.
Sentence, Nine months' hard labour.
Prisoner was stated to be of good character, and to have been in prosecutors' service for 35 years. Judgment was postponed to next Sessions.
WATTS, William (29, potman) , pleaded guilty of breaking and entering the Baptist Chapel, Holloway Road, and stealing therein one piece of chamois leather, the property of Frederick James Brazier and others.
Sentence, Nine months' hard labour.
COULING, Emma (45, factory hand) , being the bailee of a watch and other articles, the goods of Sarah Smith, did feloniously steal the same: being the bailee of a piano, the property of Frederick Lindsey, did fraudulently convert the same to her own use; being the bailee of certain furniture, the goods of Frederick Hine, did fraudulently convert the same to her own use.
Mr. Anderson prosecuted.
Prisoner was tried on the indictment in respect of Lindsey.
FREDERICK LINDSEY , 2, Ellington Road, Islington, piano dealer. On December 30, 1908, prisoner, whom I identify, came to my shop and asked for a second-hand piano for the use of her lodgers. I sold her a small Boyd piano on the hire and purchase system for £14, to be paid 10s. down and 10s. per month. She signed agreement produced and the piano was delivered on December 8, 1908, at 36, Alwyne Road, Canonbury. The piano did not become her property until the whole of the £14 was paid and notice was to be given of removal. She gave notice of removal to 91, Burgoyne Road, Stoke Newington, and afterwards removed from there without notice. She has paid £4 in all. On November 8, 1909, I was shown my piano at Sydney Smith's, pawnbroker, Essex Road. I also identified there another piano which prisoner had also obtained from me.
PERCY PAGE , manager to Sydney Smith, pawnbroker, 178, Essex Road. On December 9, 1908, prisoner came to my shop, said she wished to pledge a piano which I could see at 36, Alwyne Road. I there saw the Boyd piano afterwards identified by the last witness as his property in the prisoner's presence. I agreed to advance £5 and asked her if the piano was her property. She handed me receipt produced, dated February 22, 1889, for £16 for furniture—she told me that the piano was included in the furniture sold to Mr. German, who was her father. I advanced the £5, less 3s. 6d. for carriage and ticket, and the piano was removed to my premises, prisoner signing as "M. Richards." The contract note expired in three months and the time has run out, but I have not disposed of the piano.
Detective-sergeant FRANCIS HALL, Y Division, Wood Green. On November 15 I went to 170, High Road, Wood Green, where prisoner was living, sharing one front room with another lodger. I found contract note produced. On November 26 prisoner was charged with stealing the piano in the present case, she having been arrested on another charge.
EMMA COULING (prisoner, on oath). I am a widow. I pledged prosecutor's piano because I was expecting the brokers in and wished to save it. When I was asked by Page for a receipt I said, "I have not got it now, but I have some other receipts if they are of any use to you "—I did not say who gave them to me. (To the Judge.) I might have sent the piano back to the prosecutor. I thought the piano was mine when I bought it and I could do what I liked with it provided I kept the payments up. I sent prosecutor two payments last month. I did not give notice of my second removal, because I did not know where I should be. I signed agreement without reading it.
Cross-examined. I was not expecting the brokers in on December 9, 1908.
Sentence, Six months' hard labour.
ANDREWS, John Charles George (21, postman) pleaded guilty of stealing a postal packet containing a postal order for the payment and of the value of 5s., a postal packet containing a postal order for the payment and of the value of 3s., and a postal packet containing a postal order for the payment and of the value of 4s., the goods of His Majesty's Postmaster-General, he. being employed under the Post Office.
Mr. Forster Boulton, M. P., prosecuted. Mr. Purcell appeared for prisoner. Sentence, Six months' imprisonment, second division.
MARTIN, Arthur (40, traveller) , pleaded guilty of forging and uttering, knowing the same to be forged, a memorandum of agreement for the letting of certain premises, with intent to defraud; forging end uttering, knowing the same to be forged, a certain accountable receipt for money, to wit, a receipt for £16, with intent to defraud.
Sentence, Nine months' hard labour; recommended for expulsion under the Aliens Act.
CLARK, Frederick (18, errand boy) , pleaded guilty of forging and uttering, knowing the same to be forged, an order for the payment of money, to wit, a banker's cheque for the payment of £12, with intent to defraud; stealing a ring, the goods of David Llewellyn Evans, his master.
Prisoner was stated to have been sent to an industrial home until the age of 16; and to have since been in respectable employment, where, being wrongfully accused of theft, he had committed this forgery with the idea of obtaining the money to leave the country.
Judgment was postponed to next Sessions.
PIERSON, Leonard Max (27, journalist) , pleaded guilty of breaking and entering the dwelling-house of No. 13 Flat, Handel Mansions, St. Pancras, and stealing therein one dress and other articles, the goods of Lily Clarkson; stealing a dressing case and contents, the goods of Charles Livesey Cole. Sentence, 20 months' hard labour.
FRASER, Robert Smith (40, manager) , pleaded guilty of embezzling and stealing £88 8s., £134 9s. 5d. and £98 1s., received by him for and on account of the Liverpool and London and Globe Insurance Company, his masters.
Sentence, 15 months' hard labour.
WHEELER, Joseph Edward (32, postman), and WHEELER, William Thomas (36, mail van driver); J. E. Wheeler stealing a postal order for 6s., and a post letter containing a postal order for 2s. 2d., the goods of His Majesty's Postmaster-General, he being employed under the Post Office; W. T. Wheeler feloniously receiving the said two postal orders for 9s. and 6s. respectively, well knowing them to have been stolen.
Mr. Forster Boulton, M. P., prosecuted.
Joseph E. Wheeler pleaded guilty of stealing postal orders for 6s. and 2s. 2d.; William T. Wheeler pleaded guilty of receiving the order for 6s. The prisoner afterwards with drew his plea, stating that he did not know the order was stolen: Trial postponed to Thursday next.
Sentence on Joseph E. Wheeler, Nine months' hard labour.
(Thursday, December 9.)
William Thomas Wheeler was tried for receiving the order for 6s.
CECIL WADISH , clerk in the Secretary's office, G. P. O. A great many losses have been reported at the Eastern Central District P. O., and I instructed Davis to keep prisoner and his brother, Joseph Edward Wheeler, under observation. J. E. Wheeler is a postman, prisoner being a mail cart driver under a contractor, but wearing the P. O. uniform, and being required to make the usual declaration. On November 7 I had a conversation with J. E. Wheeler; he produced 25 letters from his pocket which had been stolen. On December 7 he pleaded guilty, and was sentenced at this Court. On November 7 I questioned him about a postal order for 6s.; he made a statement to me, and I in consequence saw the prisoner, W. T. Wheeler, at the G. P. O. I told him who I was, cautioned him, and showed him 6s. order (produced) payable to and signed "W. Jackson." I said, "I am informed that you cashed this order at Goswell Road P. O." He said, "Yes, I will admit that." I said, "Where did you get the order?" He said, "From my brother Joseph, but I do not know where he got it from." I said, "Have you cashed any other orders for your brother?" He said, "Yes, two or three." I showed him 18 orders (produced), and asked if he had cashed any of them. He said, "No." I asked him to give me a specimen of his handwriting, which he did on paper (produced), containing the words "W. Jackson, Goswell Road," etc. I asked him if he had written the name of Jackson on the order. He said, "No." I asked
him with regard to a postal order for 9s. He said he had not cashed it.
The Recorder held that the Prosecution could not go further into other orders.
Examination continued. We accepted prisoner's denial that he wrote the name of "W. Jackson" on the 6s. order, on his stating that the name was on the order when he received it. The order appears to have been crossed, and to have had the crossing erased. WILLIAM CHANDOS WATKINS, Greenfield Street, New Tredegar, Monmouthshire, miner. On October 23 I received from my son, William Reginald Watkins, P. O. (produced) for 6s., on which I wrote two lines across with the words "and Co." between the lines, and handed it back to my son. The crossing is not now on the order.
WILLIAM REGINALD WATKINS , New Tredegar, colliery boy. I am 15 years of age, and live with my father, the last witness. On October 23 I despatched P. O. for 6s. (produced), after handing it to my father, who crossed it for me—addressed to the New Card Company, Byron House, Fleet Street. I produce counterfoil corresponding with the order, which I put in an envelope, and asked my brother to post.
RICHARD WALTER DAVIES , messenger, Secretary's office, G. P. O. I received instructions to keep observation on the prisoner and his brother, J. E. Wheeler. On October 25, at 11.30 a.m. I saw the prisoner in the "Berkeley Castle," Goswell Road, when his brother joined him. They remained there till 1.50 p.m., came out, and separated. I followed the prisoner to 4, Leverington Street, Goswell Road, where he has part of a house. He remained there until 2.10 p.m., came out, and went to the branch P. O. Goswell Road, where he presented P. O. (produced) for 6s., for which he received 6s. in the usual way. I obtained the order (produced) and reported to Mr. Wadish.
A Division. I am a police officer permanently attached to the P. O. I charged the prisoner and his brother. The prisoner was charged in November 22 with feloniously receiving a postal order of the value of. 6s. He made no reply. I was present at the interview on November 7 between the prisoner and Mr. Wadish. Prisoner was not charged until November 22 because we had received no application in respect of the 6s. order.
employed by a contractor to the G. P. O. for four or five years. I generally used to meet my brother on Mondays, at the "Berkeley Castle," and no doubt met him on October 25. We had a friendly chat. I told him I was going out in the afternoon, and he said, "If you are going out just take this postal order and cash it, and save me a journey," handing me order (produced) which I cashed for 6s., and gave my brother the money. I did not ask him where he got it from, and he never told me. It was filled in as it is now when I received it.
Cross-examined. I know my brother is a postman. I could not tell you in whose handwriting "W. Jackson" is. I did not ask my brother. I did not think it unusual for my brother, a postman, to ask me to cash it. I simply did it to oblige him—I wish he had done it himself, and I should not be here now. I do not know ray brother's handwriting. I thought perhaps somebody had given it to him to collect or something of that kind. I said at the Police Court that I may have cashed other orders for him. It has now come to me that I never have done so.
The Recorder said he did not think there was sufficient evidence for the jury to convict, although the case was somewhat suspicious, and the Jury returned a verdict of Not Guilty.
Mr. Boulton proposed to try the two prisoners on the indictment respecting the 9s. order.
The Recorder said there was a great difficulty about this, as Joseph Edward Wheeler had pleaded guilty to one charge, which plea had been accepted by the prosecution, and Joseph Edward Wheeler had been dealt with and sentenced. It would certainly not be fair to try that indictment before the present Jury, and he would postpone the case till next Sessions; W. T. Wheeler to be released on his previous bail, namely, one surety in £50.
After consultation, Mr. Boulton stated that as the witnesses came from Wales he did not think it would be desirable to go to the expense of bringing them up again next Sessions, and with his Lordship's permission he would with draw the further indictment against W. T. Wheeler.
The Jury returned a verdict of Not guilty and W. T. Wheeler was discharged, the Recorder warning him that the case raised very strong suspicion, although, in his opinion, a conviction would have been unsafe.
BEFORE MR. JUSTICE CHANNELL.
(Wednesday, December 8.)
NICKERSON, Jack Francis (21, soldier) , pleaded guilty to sending to Admiral Sir Albert Hastings Markham, on November 19, a letter demanding money with menaces, without reasonable and probable cause; he pleaded not guilty to a second indictment for the sending of a similar letter on October 19; the plea to the first indictment was accepted.
Mr. Travers Humphreys prosecuted.
Sentence, Three years' penal servitude.
Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. Eustace Fulton defended, at the request of the court.
JOHN STAPLES , flowerseller, said that he married Florence Staples in 1907; they separated after a few months. He identified the dead body shown him at the mortuary as that of his wife. She was about 27 years old.
LEONARD ROGERS . I am assistant manager at St. Stephen's Chambers, Borough, a common lodging house. On September 27 prisoner took a bed there. He showed me his certificate of service in the Royal Navy and said he was expecting to receive by post a remittance of £7. On October 4 he received a postal order for that amount; I went with him to cash it.
DUDLEY WILLIAMSON , gunmaker, 3, Waterloo Road. On October 12 prisoner purchased from me a box of 25 cartridges; he said he wanted them for practice with his revolver, which he showed me. I told him it was a powerful weapon and that he must be careful where he shot; he said he had been used to a revolver in the Navy. At the end of October he purchased a further, 14 cartridges, saying that he had used the others with his friends, shooting for beer. (Witness identified the revolver and cartridges produced by subsequent witnesses.)
Cross-examined. I cannot say that the revolver has a light pull.
Police-constable CHARLES F. PALMER, 407 L. On October 18 I arrested prisoner on the charge of wantonly discharging a revolver in the street to the public danger; he was drunk. I took from him the revolver (produced); it was loaded in five chambers, one cartridge being discharged. I also found on him this tin box containing 20 cartridges; also a gun license in the name of John Brown. He gave his name as John Brown, but the naval discharge which he gave me was in the name of Luke Brannan. He was brought up at Tower Bridge Police Court and fined 20s. or 14 days; he served the 14 days.
Cross-examined. On that occasion I saw him fire the revolver in the street; he pointed it towards the ground; nobody was injured; it was about 12.30 a.m.; there were several people about.
Detective WILLIAM KEEN, of Scotland Yard, said that he took charge of the revolver during prisoner's imprisonment and handed it back to prisoner on October 30.
CLARA TREGEA , known as Mrs. Gray, charwoman. I knew deceased for nearly five years; I have seen prisoner in her room three times. On November 6 I was with deceased in her room when prisoner came in; he asked her to have a drink; she refused, and he went away; Later on he came in again; deceased said she would then have a drink and prisoner went out and brought back a pint of ale. There was no quarrelling.
HELEN WILLIAMS . I knew deceased for about the last twelve months. From time to time I saw prisoner in her rooms; he was nearly always the worse for drink; I never heard them quarrel. On November 6 I was there with the last three witnesses; I left them there together.
THOMAS MORRIS , deputy at the common lodging house managed by Rogers, said that whilst prisoner stayed there he was always intoxicated, witness frequently having to put him to bed., ADA EVANS. I was in deceased's room on November 6 with the other witnesses and left about nine. A half-past 12 I returned and saw prisoner and deceased there. Mrs. Williams came and called out, "Flo, I want you." Deceased dressed and she and prisoner and I went out; they walked together; I walked in the middle of the road. At the corner of Blackhorse Court I heard her say," If you've got a couple of shillings you may come, otherwise keep away, but I shall be at London Bridge Station in the morning at 11." The deceased and I walked on together a little distance. I heard the report of a revolver and deceased fell. I saw prisoner walking towards St. George's Church. It was a very foggy night.
Police-constable CHARLES MACKAY, 273 M. On November 7 at 12.55 a.m. I was (off duty and in plain clothes) in Great Dover Street when I heard a revolver shot and the scream of a woman. Crossing the road, I saw Florence Staples lying on the footway. I said, "What's the matter?" She said, "I've been shot by a sailor." I said, "Is he in uniform?" She said "No." She then became unconscious.
ARTHUR HENRY CROOK , house surgeon at Guy's Hospital. On, November 7, about 1.30 a.m., Florence Staples was brought to the hospital; she was then dead; the body was quite warm. The postmortem examination discovered a bullet wound between the shoulder blades and the bullet was found between the fourth and fifth ribs. The injury could, not have been self-inflicted, nor have been caused by a ricochet from the ground.
Police-constable PERCY CLARK, 167 M., spoke to finding two cartridges (produced) in Ralph Street, five minutes' walk from Great Dover Street, on the morning of November 7.
Sergeant JOSEPH LEYCESTER, Y Division. I was on duty at High-gate police station at 11.10 a.m. on November 7, when prisoner came in. He said, "I am sorry to see by the papers that the young woman who was shot in the Borough last night is dead." We had received some information and I said, "Are you Luke Brannan?" He said "Yes." I then cautioned him. He said, "I did not know she was dead or I should have done it on myself. I came to the nearest police
station as soon as I heard of it. I threw the revolver away. I expect I shall get the rope. I had to give myself up." Prisoner was perfectly sober and rational.
Cross-examined. On prisoner I found his discharge papers from the Navy. They cover the period from December, 1901, to September, 1909, and are all "very good."
Detective-inspector ALFRED NICOLLS, M Division, said that he saw prisoner at Highgate Police Station at 1.30 p.m. on November 7 and took from him (after the usual caution) the following statement: "About ten to 11 this morning I was looking on the placards to see if there was anything about it, so I asked a man to let me have a look at one of his papers. I then came up here. I told the police I was sorry to see in the paper about a young woman being shot dead. Had I known it had killed her I would have placed the weapon on myself." Cross-examined. Deceased was a prostitute. Prisoner has served in the Navy as a stoker and has "Very good" discharges. He was invalided at Chatham Hospital in September; he was then certified to be suffering from alcoholism and insane. After his discharge from hospital he had been drinking heavily.
Detective-sergeant RANDELL HODGSON, M Division, who took prisoner in a cab from Highgate to Tower Bridge station, deposed that on the way prisoner said, "So she is dead. I did not intend to kill her. I fetched the revolver out of my pocket and held it so, and it went off. Had I known that I had killed her I would have turned the weapon on myself. I hope she is better off where she is. The revolver is very light in the trigger; the least touch lets it off. I threw it and some cartridges away. I spent altogether nearly £50 with her since I got my discharge. I was a t. t. before I came out of the Navy. I borrowed a shilling off her once and paid it back like a man. When I had money she never wanted; but now it is gone she did not want me." Later on prisoner said to witness, "I did not spend £50 with her, although I had it; some of it I spent on myself—in fact, most of it."
HENRY JOHN CHURCHILL , rifle maker, 8, Agar Street, Strand, having before him the revolver and the cartridges, expressed the opinion that the injury to the deceased would not have been caused by a ricochet shot. The revolver had a rather heavy pull.
Prisoner's statement before the magistrate: "Yes, I am guilty of shooting, but not of intending to kill. I have no witnesses."
LUKE BRANNAN (prisoner, on oath), after detailing his service in the Navy to the time of his discharge, said that he came up to London in September. Having plenty of money, he was heavily on the drink up to the time of this occurrence. He repeatedly stayed with deceased at her house. Immediately before November 6 he had been drinking very heavily. On that night he went to deceased's house as (he witnesses had stated. Deceased did not there say to him, "If you have got a couple of shillings you can come with me, not otherwise";
that was in the street, after last leaving the house. She then walked away with Evans. He pulled the revolver out of his coat to frighten deceased by firing it on the ground; he caught the hammer and it went off. It was a very foggy night and he could not have seen the deceased if he had intended to aim at her. He heard no scream, and walked away; he did not remember where he went to, but found himself next morning at Highgate. He asked a boy to let him look at a newspaper and then saw it stated that Florence was dead. He went straight to the police station. He had no intention whatever of murdering or injuring the woman.
Cross-examined. I bought the revolver some time in October; as I expected to be sent on foreign service I thought it would be useful. Deceased seemed all right with me until I had got through my money. I had no quarrel with her on the night of the 6th; we were quite friendly to the end. At Highgate on the morning of the 7th I looked in the papers to see if there was any account of my firing a revolver in the street.
Verdict, " Guilty of wilful murder, but we strongly recommend prisoner to mercy in consequence of his splendid past services while in the Royal Navy and on account of the general state he was in.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, December 8.)
HAY, Ernest (28, clerk) , pleaded guilty of breaking and entering the dwelling house of John Darch, with intent to steal therein; breaking and entering the dwelling house of Jessie Elizabeth Mocatta and stealing therein one necklace and other articles, her goods.
Prisoner confessed to a previous conviction for felony.
Sentence, Six months' hard labour.
WRIGHT, Thomas (26, tinsmith) , pleaded guilty of breaking and entering the shop of Charles Spink and stealing therein two legs of mutton and one loin of veal, his goods, and feloniously setting fire to the said shop.
Numerous previous convictions were proved.
Sentence, 15 months' hard labour.
HARTNETT, John (31, labourer) , attempting to carnally know Annie Hartnett, the younger, a girl under the age of 13 years, to wit, of the age of 12 years, and indecently assaulting her; assaulting Annie Hartnett, the elder, thereby occasioning her great actual bodily harm.
Verdict, Guilty of common assault under great provocation.
Prisoner was released on his own recognisances in £5 to come up for judgment if called upon.
BEFORE JUDGE RENTOUL.
(Wednesday, December 8.)
Prisoner pleaded guilty of one uttering and also confessed to having been convicted on March 12, 1900, at this court, receiving seven years' penal servitude for uttering. Other convictions proved: September 23, 1878, eight months at Middlesex, watch stealing; November 20, 1882, two years' hard labour at this court, possessing counterfeit coin; September 12, 1887, at this court, 12 months for uttering; August 6, 1889, South London Sessions, five years' penal servitude for stealing money; September 11, 1893, at this court, seven years' penal servitude for possessing counterfeit coin. It was stated that since his release on December 24, 1906, prisoner had obtained regular employment for 10 or 12 months.
Sentence, Three years' penal servitude.
Convictions proved: November 16, 1907, at South London Sessions, six months for possessing house-breaking implements by night (after two previous convictions). Stated to have been honestly employed for 18 months as a barber.
Sentence, nine months' hard labour.
Convictions proved—Palmer: April 24, 1893, Worship. Street, three months for purse stealing; November 2, 1896, North London Sessions, six months for warehouse breaking; September 27, 1897, Birmingham, attempting to steal, nine months; July 27, 1898, Worship Street, stealing a chain, six months; August 15, 1899, North London Sessions, stealing a watch, 20 months' hard labour and two years' supervision; March 7, 1901, Nottingham, watch stealing, two months; June 7, 1901, West Ham, three months' hard labour under the Prevention of Crimes Act; October 21, 1901, at this court, three years' penal servitude for manslaughter; March 7, 1905, North London Sessions, five years' penal servitude and three years' police supervision for robbery and stabbing a constable. Stated to have been for the past eight months working at a colliery in Durham, where he had a good character. Harris had been charged as a
suspected person at Old Street and afterwards received 18 months at North London Sessions for watch stealing, from which he was released on January 3, 1909; said to have since been in employment.
Sentence: Palmer, 18 months' hard labour; Harris, four months' hard labour.
BEFORE MR. JUSTICE CHANNELL.
(Thursday, December 9.)
BYERS, Jessie (43, no occupation), was indicted for and charged on the coroner's inquisition with the manslaughter of Reginald Turnbull; she was also indicted (under the Children Act, 1908) for neglecting Reginald Turnbull in such manner as to cause unnecessary suffering and injury to his health.
Mr. Bodkin and Mr. Travers Humphreys prosecuted.
LIZZIE TURNBULL , single woman. On June 12 I was at a maternity home at 10, Pemberton Gardens, Upper Holloway, confined of a male child; I named him Reginald; the father was William Stewart. Another girl in the same home was advertising in the papers about the adoption of a child and she had answers from a Mrs. Mathers, 384, Green Lanes. I got into communication with Mrs. Mathers; prisoner was that woman. She told me she wanted to adopt a child for her married daughter, a Mrs. Ferguson. On June 23 my child was taken away by prisoner and her daughter Mildred. I next saw the child in Edmonton Workhouse on November 10; I am certain it was my child. On November 2 I went to 1, Wellington Terrace, Wood Green, with some police officers and Mr. Brown, of the London County Council, and saw prisoner. She said that the child was doing well and that she would bring it the next day to Mr. Brown's house to let me see it. I went to Brown's house next day; prisoner did not come there.
Cross-examined by Prisoner. I was aware that you were not adopting my child; you asked me if I would come and visit it and I refused.
WILLIAM STEWART . I am the father of Miss Turnbull's child. In consequence of a communication from her I wrote to Mrs. Mathers (prisoner) and eventually saw her. She told me that her daughter, Mrs. Ferguson, was willing to adopt the child for £5; I could pay £2 down, the remainder at my convenience. I paid the £2 and subsequently other sums amounting to £1 15s.
To prisoner. I understood that it was your daughter, Mrs. Ferguson, who was adopting the child.
HANNAH ROWDEN , certificated midwife, 10, Pemberton Gardens, said that the weight of the child on the day of its birth was 91l. 2lb.; on June 23, when it was taken away, it weighed 10 lb.; it was a very healthy child. Witness identified the child with that which she saw at Edmonton Workhouse.
JANE WILLIAMS , charwoman. I worked for prisoner at 86, Cavendish Road, Tottenham, and there saw the Turnbull child on four occasions. On one occasion, in July, it was very fretful and prisoner said she did not know what to do with the kid. She turned to the mantelshelf and took from it a small bottle bearing the word "laudanum"; she dropped two drops in the baby's food bottle, which contained barley water, and gave it to the child. She also gave some laudanum to another baby that was there, a girl about five months old. I said to her, "Be careful what you are doing"; she said, "Oh, it's all right."
To prisoner. When you say that it was at my suggestion that you gave the laudanum you are a liar.
ARTHUR CLARK . On July 27 I was in Green Lanes, a road bounding on to Finsbury Park. Inside the park railings I saw a bag on the ground. I went over the railings and picked up the bag; I found in it a baby, cramped up, with a towel tied tight round its face, part of the towel in its mouth. I took the child to a policeman. It was a wet, miserable day.
Police-constable ROBERT MILNE, 542 N, said that he received the child from the last witness and took it to the police station and afterwards to Edmonton Workhouse.
SARAH LYDIA WALLER , another nurse, spoke to weighing the child on different days, giving the following figures: On August 1, 7 lb. 14 oz.; on August 7, 8 lb. 5 oz.; on September 30, 8lb. 5oz.; on October 17, 8lb. 13 1/2 oz.
ALICE SIBLEY . I keep a newspaper shop at 384, Green Lanes, where letters may be addressed for a small charge. I know prisoner as Mrs. Mathers and several times took in letters addressed to her in that name.
HENRY BRYON , of 121, Crystal Palace Road, HENRY EMERY, of 127, Crystal Palace Road, were called to prove that at those addresses no one of the name of Ferguson lived, nor did the witnesses know of anyone of that name in the neighbourhood.
Detective-inspector JAMES CUUNNINGHAM. On November 2 I went with Mr. Brown to 1, Wellington Terrace, and saw prisoner. I said "I am a police officer. Do you know the name of Mathers?" She said no, and that she had never used that name. I said, "Did you in that name take a baby from 10, Pemberton gardens in June last and take it to Mrs. Cochrane, of Morland Street, Finsbury Park?" She said, "I do not know Pemberton Gardens and have never had a baby from there." I said, "I shall call in the nurse from there and also the mother of the child." Prisoner said, "I do know the name of Mathers; I have been acting for a woman of that name, but I did not take the baby to Morland Street; my daughter took it there; she
went there with Mrs. Baynes's baby, who lives at 125, Abbott's Avenue, Chiswick." I said, "What explanation have you for writing to Mrs. Cochrane representing that you were Mrs. Ferguson, of 73, Church Road, Hendon, when it was Mrs. Baynes's baby that you left There?" She replied, "That was the address that Mrs. Ferguson stayed at before going to 121 or 127, Crystal Palace Road, where Miss Turnbull's baby is." I said, "What was done with Miss Turnbull's baby?" She said, "I took a cab at Finsbury Park and drove to Morland Street with the baby and left Mrs. Baynes's baby there. We then drove to Pemberton Gardens, where we got Miss Turnbull's baby. I told Miss Turnbull that the baby was going to Mrs. Ferguson, my daughter-in-law, but that was not true. I took the baby to 86, Cavendish Road, where Mrs. Ferguson stayed the night with me. I received £2 with the baby from the father, Mr. Stewart; I gave 30s. to Mrs. Ferguson and kept 10s. for myself; I have since received 10s. and two sums of 7s. 6d. from Mr. Stewart." I then called in Rowden and Turnbull. Rowden, addressing prisoner, said, "I thought your name was Mathers and that you lived at 384, Green Lanes?" Prisoner replied," That is not my address, but I gave my private address to Mr. Stewart. I will go to Crystal Palace Road to-morrow and bring baby to Mr. Brown's house in the afternoon."
Detective FRANCIS HALL. I was with last witness at his interview with prisoner on November 2, and confirm his account. On November 4 I saw prisoner; I reminded her that she had not kept her, appointment for the previous day to bring the child to Brown's house. She said, "I did not go to Crystal Palace Road, but I wrote to Mr. Ferguson at his business address." I said, "Where is that?" She said, "Oh, I can't tell you; he asked me to keep his name out of it. "I said, "Inquiries have been made at 121 and 127, Crystal Palace Road, and find that no one of the name of Ferguson resides there." She said, "I am sure you have made a mistake, for I have been there myself; I forget for the moment whether it is 121 or 127."I have made almost a house to house inquiry in Crystal Palace Road and the neighbourhood, and found no one of the name of Ferguson.
Detective-inspector ARTHUR NEIL. On November 12 I went with Cunningham and Hall to 1, Wellington Terrace and saw prisoner. I said to her," I have a warrant for your arrest for abandoning a child on July 27, and told her the circumstances under which the child was found. She said, "The child was handed over to a Mr. and Mrs. Ferguson; I did not abandon it. I handed it over to them about June or July at 86, Cavendish Road. The Ferguson's address, so far as I know is 121 or 127, Crystal Palace Road; I communicated with Mr. Ferguson at his business address. I refuse to give you that address; I have an agreement with him." I asked her to produce the agreement. She said, "I have not got it; he has it If I received the child on June 23 I handed it over on June 24 to Mrs. Ferguson; she slept at our house, 86, Cavendish Road, that night." I asked her if she had any letters or anything to show that she had been in communication with Mr. Ferguson. She replied, "I have burnt all letters; it is not safe to keep a diary.
The place in Finsbury Park at which the child was found is about 200 yards from 86, Cavendish Road. The child having died on November 14, an inquest was held, and on November 24 I formally charged prisoner with manslaughter. She said, "How the dickens can you make that out? They can get on with it; but when I open my mouth I will make some people look silly.
MILDRED BYERS . In June last I was living with my mother (prisoner) at 86, Cavendish Road. I remember going with mother to 10, Pemberton Gardens, and taking a baby from there to our house. So far as I know no one was then staying at our house. I have never known a Mr. or Mrs. Ferguson. My mother has no married daughter. As to the bag produced (in which the child was found) I have seen one like it at home. To prisoner. I cannot say that I have seen that bag at home. WILLIAM MCGILL, assistant medical officer at Edmonton Work-house. I saw the child on its admission on July 27. It was somewhat emaciated, but there was no evidence of organic disease. The exposure of this child in the way described would cause it unnecessary suffering and, after a length of time, would cause death. I assisted Dr. Bengerfield in the post-mortem examination, and agree with the evidence he gives.
WILLIAM BARNETT BENGERFIELD , medical officer, Edmonton Work-house. I saw the child a few days after its admission; it looked a fully developed and fully formed child, but the skin loose and shrunken as if it had wasted. At the middle of October it was placed in the ward for sick children. It improved for a time, reaching its highest weight on October 17; then it went back rapidly until at the time of death it weighed only 6 lb. 11 oz. On making a postmortem examination I found no external bruises; the child was very wasted. The cause of death was marasmus, a wasting disease, which may be the result of improper care or feeding. The exposure on July 27 was highly dangerous to the child, but I think marasmus commenced prior to that date. Two drops of laudanum to a child a few weeks old would be a most dangerous dose.
WILLIAM HENRY WILLCOX , senior scientific analyst to the Home Office, generally confirmed the evidence of the two previous witnesses. In his opinion a course of improper treatment extending over several weeks before the child's admission to the workhouse would have been necessary to induce the very grave form of marasmus from which the child suffered and eventually died.
JESSIE BYERS (prisoner, on oath) repeated the statements made by her to the police officers. She admitted giving the child laudanum—one drop, not two—and said she was induced to do this by the suggestions of Mrs. Williams. The only misstatement she had made about the Fergusons was that Mrs. Ferguson was her daughter-in-law; she told this falsehood to inspire confidence. She persisted that she had parted with the child to the Fergusons, and that she had
communicated with Mr. Ferguson at his business address. She refused to give this address, although the prosecution offered to have Ferguson at once sent for, and the Judge pointed out that such confirmation of her story would be a complete answer to the case. She declared that the Turnbull child was still alive and well, and that the child found in Finsbury Park, and which died in Edmonton Workhouse, was a different child. Verdict, Guilty of manslaughter.
Mr. Bodkin stated that in January, 1907, prisoner was convicted at this Court of obtaining money by false pretences in connection with the treatment of certain infants of whom she had taken charge for payment, and also of obstructing the course of justice and the duties of the coroner for Middlesex by burning the bodies of two infants, being sentenced to six months' and 12 months' imprisonment, running concurrently. She left prison in 1907, and on September 24, 1908, was sentenced to six months for taking in children for payment without being duly registered. There was an indictment pending here for taking in this Turnbull child and another without giving notice to the local authorities (Children Act, 1908). This indictment would remain on the file, as would another for administering to Reginald Turnbull a poisonous drug (laudanum) so as to endanger life.
Sentence, 10 years' penal servitude.
Mr. Bodkin, Mr. Graham-Campbell, and Mr. Roome presecuted; Mr. George Elliott, K. C., and Mr. Huntly Jenkins defended.
(Prisoner there swore that, except for a single act of adultery with a Miss Frost at Boulogne, he had never committed adultery.)
EMILY ELIZABETH FRANCIS , formerly cook, and WILLIAM ROBERT CARR, potman, spoke to repeated acts of familiarity between prisoner and Frost at prisoner's public-house, the "Prince's Tavern," Wardour Street, where Frost was barmaid.
Dr. HUGH RICHARD CARR said that he attended a woman in her confinement at Balham in May, 1908; he identified portrait produced (that of Frost) as the portrait of the woman he attended. Prisoner, was in the house at the time and passed as the woman's husband.
Mrs. HARDY, who nursed Frost in her confinement, said that prisoner was calling three or four times a week, and the two spoke of each other as man and wife.
Mrs. JANE MILLIGAN and SYDNEY GLASS gave corroborative evidence. Sergeant JAMES WILLIAMS, Scotland Yard, proved the arrest of prisoner.
He also proved that certain letters produced were in prisoner's handwriting. (In one of these, writing to his wife, prisoner said, "It would be useless for me to defend the case, as I expect to be had up in court for the maintenance of a child of Doris Frost, and I am sorry to say I have got another girl into trouble.")
Cross-examined. That letter is dated May 3, 1908, prior to the date on which prisoner gave his evidence in the divorce proceedings. Apart from this charge, prisoner bears a good character.
(Friday, December 10.)
MAX ROSENZ (prisoner, on oath), said that he had never denied his continued adultery with Frost. In his evidence in the Divorce Court he was asked about a particular occasion on which he had stayed with Frost at Boulogne; after many other questions counsel asked him, "Except on the occasion you have told us of, have you ever committed adultery?" and his answer was," Never." By that answer he understood that he pledged his oath only to the statement that he had not committed adultery except with Frost, and this was the truth. The statement in his letter that he had got another girl into trouble was untrue. He had committed adultery with Frost and was, the father of her child; he had never denied this; it was known to his wife and her solicitors, and he had no idea of deceiving the Court into the belief that he was only admitting an isolated act of adultery at Boulogne. Verdict, Not guilty.
BEFORE THE RECORDER.
(Thursday, December 9.)
CAMPBELL, Philip (28, clerk) , pleaded guilty of feloniously endeavouring to obtain by virtue of a forged instrument, to wit, a forged telegram, from William Douglas Cnisholm £15, with intent to defraud.
Prisoner confessed to having been convicted at this court on March 2, 1909, receiving six months' imprisonment in second division'-for larceny and forgery; he was also sentenced on September 10, 1909, to one month second division for forgery.
The Rev. J. W. Butcher, Wesleyan minister, Glasgow, pleaded for the prisoner.
Sentence, Nine months' hard labour.
DUGGIN, William (25, porter), and DUGGIN, Jane (41, servant), both breaking and entering the dwelling house of Frederick Andrews and stealing therein three watches, one purse, and other articles, his goods; breaking and entering the dwelling house of Sidney Aarons and stealing therein six knives and other articles, his goods.
Mr. E. L. Hadfield prosecuted.
William Duggin pleaded guilty and also confessed to having been convicted at Newington on September 9, 1909, in the name of James Petersen and bound over for six months under the Probation of Offenders Act.
The female prisoner being the wife, no evidence was offered, and the Jury returned a verdict of Not guilty.
Sentence, William Duggin, Nine months' hard labour.
BEFORE JUDGE RENTOUL. (Thursday, December 9.)
MARLBOROUGH, Frederick (24, dealer), FOULSER, George (23, porter), and SULLIVAN, Henry (23, bookbinder) , all unlawfully possessing counterfeit coin; Marlborough feloniously possessing counterfeit coin; Marlborough maliciously wounding Frederick Cobley.
Mr. Pickersgill, M. P., prosecuted.
The first indictment taken was that against Marlborough for feloniously possessing counterfeit coin.
Detective FREDERICK COBLEY, J Division. On November 21 about three in the afternoon I was at the corner of St. James's Road and Approach Road, Bethnal Green. I saw prisoner Foulser loitering there as if looking for someone. I then saw Police-constable Cox, who was in plain clothes. I spoke to him. We watched Foulser. In five or ten minutes we saw prisoner Marlborough got up to him. Marlborough took something from his pocket and tore off some paper; I then walked towards him towards Victoria Park. Foulser was standing about 20 yards from the park gates. As they crossed the canal bridge there Marlborough took something from his pocket, threw it in the water and commenced to run. I went after him and caught him after he had run 100 yards. I said, "I am a police officer. What was that you gave to one of those other men?" He said, "All right, he has got them all; I have not one on me." I said, "What are they?" He said, "You know, we have been put away." He then commenced to struggle and, taking this knife from his hip, he said, "I will chiv you, you bastard," and made a plunge at my stomach. He drew it from a sheath fastened to a button. It cut my finger in the struggle. I took it away from him and took him to Bethnal Green station. I took him back to where Foulser was detained. Foulser was searched and these counterfeit florins were found in his trousers pocket. They were both afterwards charged. Marlborough asked, "Can I say anything?" The sergeant who took the charge said, "You can say it, but whatever is taken down may be used in evidence against you." Marlborough then
said, "I do not know that man," pointing to Foulser. Foulser said, I was taken to meet you this morning at a coffee shop in Shoreditch; you gave me these," pointing to the 10 coins," and another you had from me you went round to get rid of." Marlborough made no more reply. On the way to the station he said he was respectable and did not want to be mixed up with this sort of men.
Cross-examined by prisoner. When you made the plunge I caught hold of your hand. I had a cut three-eighths of an inch long on the second finger of my right hand. I had hold of you by the collar, you made a plunge as I did so and the knife cut me. '
Police-constable THOMAS Cox, 426" J. I was with last witness on November 21 at the corner of Approach Road and St. James's Road. We saw Foulser first, then prisoner, and another man came up to him. Prisoner gave Foulser something and then tore up a piece of paper and threw the paper away. We then walked towards them. On seeing us go towards them they walked into Victoria Park. On crossing over the bridge Marlborough threw something into the canal. Cobley then ran and caught him; I caught the other two. They both struggled. I held on to Foulser. I searched him and found these counterfeit coins in his left hand pocket.
To prisoner. When you were brought back Foulser and I were about 50 yards away. Cobley had a knife in his hand when he brought you back. I did not hear you say you used it for your work. Sergeant ALFRED CLARK, 13 J. I was in charge at Bethnal Green Police Station when prisoner and Foulser were brought in. I read the charge over to them. Marlborough said, "Can I say anything?" I said, "You need not Say anything unless you wish, but if you do it will be taken down in writing and will be probably given in evidence against you." He replied, "I do not know anything of him," pointing to Foulser. Foulser said, "I was taken to meet you at Shoreditch this morning, when you gave me these," pointing to the coins," and another which you sent round to get rid of."
To prisoner. When Foulser said that you were both standing in front of the desk.
GEORGE FOULSER (prisoner, on oath). Me and Sullivan, was going over the Marshes to have a game at football. As we got to Cambridge Road, Sullivan stooped down and picked up a packet. He slung the paper away. We went from there to Mill Fields. We could not get a game of football, and as we came along we met Marlborough. As we got to Victoria Park two men in plain clothes arrested us. Marlborough and Sullivan ran away. I had the counterfeit coins. Sullivan picked them up and gave them to me. When I said to the officer, "He gave them to me," I meant Sullivan. Marlborough had nothing to do with the coins at all.
HENRY SULLIVAN (prisoner, on oath). On November 21 as me and Foulser went over to Hackney Marshes to have a game of football I picked up a paper parcel and looked at it. Foulser said, "Show me." I gave them to him, and he put it in his pocket and took no more notice. We could not get a game. On the way back Marlborough met and spoke to us, and a little while after I turned round and found Foulser being held by a police officer. I ran away. I did not know he was a police officer, or I should have gone straight to him. I ran away because once coming home from football I was set about by two or three fellows who went down my pockets, and took everything I had. I told Marlborough what we had found. He had not the coins at all. I did not see him give anything to Foulser. I know nothing about him throwing anything into the water.
Cross-examined. I was arrested by Sergeant Edwards. I did not tell him "Marlborough gave me a dud 2s. piece to-day." Verdict, Not guilty.
The indictment against the three prisoners for unlawfully possessing counterfeit coins was next taken.
Mr. Pickersgill said that having regard to the view that the Jury took in the last case he did not propose to call any evidence against Marlborough. The Jury returned a verdict of Not guilty against Marlborough.
Detective COBLEY, Police-Constable THOMAS COX, Sergeant A. CLARK, and WILLIAM JOHN WEBSTER repeated their evidence given in the previous case.
Sergeant JAMES EDWARDS, J Division. About 7 p.m. on November 21 I went to 47, Clifton Buildings, Shoreditch, accompanied by other officers. The door was opened by Sullivan's sister. I asked if Sullivan lived there. She said, "Yes, but he is not at home." I heard a noise in the bedroom on the next floor. I went there and saw Sullivan crouching behind the door. He said, "All right, governor, I know what you want." I said, "I am a police officer, and am going to arrest you for being concerned with Marlborough and Foulser in possessing a quantity of counterfeit coins." He said, "All right, I have been shopped." He afterwards said, "Marlborough gave me the dud 2s. piece to change; I did not like it. I bought some fags, and each time I paid 1d. a packet for them with some coppers I had loose in my pocket. I rubbed the 2s. piece, gave it back to him and told him I could not get rid of it." He was charged later, and made no reply to the charge. At the police court, on the remand, Foulser said, "Me and Sullivan were out for a walk across the Marshes this morning, and we found the packet of coins by the kerb. I do not know Marlborough."
room Cobley remained with me. He says to me, "You help us and we will help you. You say that Marlborough gave you these coins." The reason I did not ask Cobley about this when he was in the box is this is the first time I have been here and I do not understand the rules. No doubt the officers will deny the statement. He said, "Say you went into a shop and instead of putting them down to buy things with you put your own money down and gave them to him back." On the following Monday we appeared at Old Street and on Police-constable Edwards stating his evidence against me I said, "It is a pack of lies, it is absolutely the untruth." On the following Tuesday at Old Street, when we were placed in the corridor there, Edwards came to me and said, "You are a nice one." I said "Why?" He pulled me on one side and said, "Saying that that were all a pack of lies after what you said you would tell." I could fetch Marlborough to prove that Edwards pulled me one side and spoke to me. After he went out he asked me what he said.
Verdict, Foulser Guilty; Sullivan, Not guilty.
The indictment against Marlborough for malicious wounding was then taken.
Police-constable COBLEY repeated his previous evidence.
FREDERICK MARLBOROUGH (prisoner, not on oath). The knife is for opening walnuts. It is not mine. I had it in my trousers as I finished work on Saturday. I can prove I never attempted to strike the officer with it. I can call one of the prisoners who saw the officer cut his finger.
GEORGE FOULSER , recalled. I saw Cobley arrest Marlborough about 20 yards from me. He brought him over to me and took the knife away from him out of a sheath and put it in his pocket, and as he put it in his pocket he struck his hand on the knife. He said, "Blow that knife," and walked down towards Victoria Park and me behind.
Police-constable Cox, recalled. I arrested Foulser; Cobley arrested Marlborough. Cobley and Marlborough were about 50 yards away. Cobley had the knife in his hand when he brought Marlborough up to me.
Numerous convictions were proved.
Sentences: Marlborough, Nine months' hard labour. Foulser was released on his own and his father's recognisances in £5 each to come up for judgment if called upon.
Sentence, One month's imprisonment, second division.
CHALKER, Frederick (39, painter), and CHALKER, Kate (37), both having the custody of William Chalker, Cissy Bell, Harold Williamson, and Harold Jackson, children respectively under the age of 16 years, did wilfully neglect them in such a manner as to cause them unnecessary suffering and injury to their health; both manslaughter of Harold Williamson ; both manslaughter of Cissy Bell; both manslaughter of Ellen Cox; both having the custody of Ellen Cox, a child under the age of 16 years, did wilfully neglect her in a manner likely to cause her unnecessary suffering and injury to her health; both on coroner's inquisition for the manslaughter of a male child unknown; both on coroner's inquisition for the manslaughter of Cissy Bell.
Mr. Clarke Hall and Mr. W. B. Campbell prosecuted; Mr. Cassels and Mr. Arthur Bryan defended. The indictment for the manslaughter of Cissy Bell was first taken.
Cross-examined. I never saw either prisoner strike the children.
JOHN HENRY ARMSTRONG , Inspector of the National Society for the Prevention of Cruelty to Children, Maidstone district. On April 14 I went to 174, Wheeler Street, Maidstone, and there saw the female prisoner with two children, whose names she gave me as William and Kate Chalker. Prisoner said that Kate was her own child, born at sea on February 27 on the way home from Sydney. The child was emaciated and ailing; its weight was 6 lb. (the normal weight of a child six weeks old being 71l. 2 lb.). I again visited the house on May 7; I saw Mrs. Chalker at a window, but could not gain admittance. I went again on May 19 and found the Chalkers had left the house. I traced them to 8, Waterloo Road, Maidstone; on going there Mrs. Chalker refused me admittance. I went there again on June 4 and found they had gone.
Cross-examined. On April 14 I saw Frederick Chalker; he told me that the child was under the care of Dr. Meiville.
Dr. GEORGE CHRISTIAN MEIVILLE, Maidstone. On April 14 Frederick Chalker called on me and said that the Inspector of the N. S. P. C. C. had asked him to call in a medical man to see his O. children. I saw the female child;. it was extremely emaciated, but P. perfectly clean; the room in which it was was absolutely filthy.
Cross-examined. I did tell the Chalkers to put a pinch of salt with the child's milk. Probably I told them to give it plenty of fresh air.
two prisoners travelled on the van with two children; it was a bitter cold night; there was no covering on the van. I saw no food given to the children during the journey.
Cross-examined. It was not raining. I did not see a shawl or overcoat round the children.
FRANK ANDREWS . On July 3 I removed some furniture for the prisoners from Farnham to Malcolm Road, Woodside. Prisoners travelled on the van with two young children, or it may have been three. It was a very wet night; the journey was about eight miles. There was no covering to the van. I lent them a sack to put over them. No food was given to the children on the journey. They looked very poorly and delicate.
Cross-examined. I did not see an overcoat placed over the children; I did see a shawl wrapped round one of them.
ALICE MANN . On July 3 I was living at 57, Malcolm Road, Wood-side. Prisoners arrived there about seven that morning. Mrs. Chalker had with her a child about 18 months' old; she told me its name was William Chalker. I subsequently saw two other children with her. For two days I lived in the flat above that occupied by the prisoners. I frequently heard the children crying. Mrs. Chalker told me that the two younger children were twins, six weeks' old. The children were very dirty and seemed very poorly and drowsy. I heard Mrs. Chalker scold them and call them little cats. I attended at the Wandsworth infirmary and was shown three children; I recognised two of those as William Chalker and one of the twins. Later on, at the inquest on Cissy Bell, I identified that body as one of the twins I had seen. Mrs. Chalker told me that she fed the children on pat-a-cake biscuits four times a day.
NELLIE MUNDAY . I live at 4, Salisbury Road, Woodside. About the middle of July prisoners came to live next door, No. 3; they arrived about 11 at night and stayed just a month. They had two babies and a little boy. The two babies were habitually placed in the back yard, tied together in a chair, and left there for hours together without food. From my room, which adjoined that occupied by prisoners at night, I could frequently hear the children crying and screaming. Once I heard a banging on the wall and heard the woman say, "Be more kind to the children, you beast." On one occasion when Mrs. Chalker was interfering with my children I told her to look after her own little mites; she said she could not help her husband hitting the children; he had been to the wars, he was not like other men.
Cross-examined. I have had one or two heated words with Mrs. Chalker. I was not looking into the next door backyard all the time the children were out there; they might have been attended to when I was not looking. I did complain to Mrs. Chalker about the children being ill-treated; I did not complain to anyone else.
EDMUND BRIGHT , furniture salesman. On August 20 I called on Mrs. Chalker at 1, Glenford Avenue, Beckenham. I saw three children there; one in a room upstairs, lying on half a straw palliasse, two in cradles in the kitchen; there was no bedding in the cradles
and very little covering. These two were screaming all the time I was there, about an hour. There was no fire in the house.
Sergeant ARTHUR BERRY, 2 PR. On September 9 I went to 5, Vineleigh Road, Penge. In the kitchen there was a table and three chairs; in the front room there was no furniture at all; there was a cradle containing the dead body of a child; there was an inner room which I could not get into, Mrs. Chalker (who had given the name of Harris) saying "the landlord has the key; that room does not belong to us." On September 10 I again called and saw both prisoners. I went into the inner room and saw a child lying on the bare boards, covered with rags; there was nothing else in the room except two filthy old straw mattresses; the floor was black with filth. I felt the child's face; it was cold. I asked Mrs. Chalker, "Is this the best bed you have for the child?" She said, "Yes, it's all we have; all our furniture was taken away for rent." On November 4 I saw a child's body at the mortuary; it was the child I have last spoken of; it was Cissy Bell.
WILLIAM GEORGE HILLS , porter at Penge Station, L. B. and S. C. Railway. I was on duty at the station at 4.30 in the morning of September 10-11; it was raining very hard and bitterly cold. Prisoners came to the wicket gate and asked to be allowed inside. I admitted them into our mess room, where there was a fire. They had two children with them; one, about 18 months old, seemed in a pretty good state of nourishment; the other, about seven months old, seemed very emaciated. The children's clothes were pretty clean, but were very wet. I afterwards identified the body of Cissy Bell as the younger of the two children I speak of.
Cross-examined. Prisoners themselves were very wet; it was raining hard all that night. Vineleigh Road is about five or 10 minutes' walk from the station.
MARY KATE WEST , 52, Selkirk Road, Tooting. On September 11 prisoners took rooms in my house; they had with them two children. I repeatedly heard sounds of smacking and the children crying. Prisoners stayed only one week.
Detective-sergeant CHARLES COOPER, W Division. On September 17, about four in the morning, I was on duty with another officer, watching No. 52, Selkirk Road. Frederick Chalker came out and put three boxes outside the door; then he came out with a perambulator with three children in it, and patrolled up and down the road till 10 past five. It was raining and cold. About half past four Mrs. Chalker came out and stood in a doorway with a child in her arms. At 10 past five a van came up and the boxes were about to be placed on the van when I interfered and took prisoners and the children to the police-station. I afterwards saw the body of Cissy Bell at the mortuary, and identified it as the child I had seen in Mrs. Chalker's arms.
Cross-examined. I was watching the house for a purpose unconnected with the children. Cissy Bell was covered with a shawl. We
arrived at the station just before six; the children were not seen by a doctor until 10 o'clock. Mrs. Chalker had with her some food for the children, I think biscuits.
Detective JOSEPH WILLS, W. Division. I was with the last witness. At the station I tried to feed Cissy Bell with some milk, but she was too ill to take it. She was in a very emaciated condition; her clothing was very foul-smelling, and she was so weak that she could not hold her head up. She had a bruise on her right leg.
RICHARD THORNE , Inspector of the N. S. P. C. C. On September 17 I saw prisoners at Tooting Police Station. I told Frederick Chalker who I was, and that I wanted some information about the four children. After I had cautioned him he said, "My name is Miller; we are just come from Australia. These two children (pointing to Cissy Bell and William Chalker) are ours; they were born in New York. The other two I got from my sister-in-law yesterday, Mrs. Lowman, 37, Doncaster Road, East Lee; I received £3 down and £3 was to follow to adopt them. She got them from a friend; they are twins" I said, "I have reason to believe you have lived in Penge and that your name is Chalker." He said, "Yes. These (Cissy Bell and William Chalker) are two I brought from Penge on Saturday; this (William Chalker) is mine; that (Cissy Bell) we had when she was two weeks old from a Miss Bell, of High Road, Kil-burn; we got £6 for her." The woman said, "That is right." I said, "Where is the child you took away from Penge on Thursday night?" The man said, "I-took it back to Mrs. Moore, 7, Camborne Road, Wandsworth; I received £5 for him, and we kept him five months. The child that died at Penge we got from Miss Stacey at Southall; we got £3 down and £2 was to follow when she could afford to pay. We also took a child from Mrs. Baker, of Maidstone; we received £2 10s. to adopt her, but we returned it to her because the society's inspector said he was dying. We had a child from Watling, 75, Upwey Road, Weymouth, aged 10 months; that died in Weymouth. There was an inquest, but we got on all right. We were receiving 4s. weekly for that one. I had two from Miss Jackson, 81, Albert Road, Stirling, Southampton, both boys; I got £60 and our passage paid to New York, where they both died. I had two from Mrs. Wallis, at London Bridge; I was living in Croydon; they were both taken from me. My mother put me away then. We have lived in Penge, Beckenham, Wood-side, Farnborough, Southampton, Maidstone, Weymouth, and other places." Cissy Bell I found to be very weak, emaciated, dirty, and verminous. After the doctor had seen her I took her to the infirmary; her weight was then 7 lb.; the normal weight of a child six or seven months old would be 12 to 14 lb.
CHARLES BROCK , Divisional Surgeon. On September 17 I went to Tooting Police Station and examined four children. One, Cissy Bell, I found emaciated, verminous, and dirty, and in a state of general neglect, which I should say had continued for a considerable time. There was no sign of organic disease. The child's condition I should say was due to malnutrition and improper feeding.
Cross-examined. Mrs. Chalker told me she had fed the child on pat-a-cake biscuits. It was 12.40 when I examined it.
Re-examined. Pat-a-cake biscuits is not a proper food for a child of this age; it would lead to wasting and sickness.
FRANK NIXEY , Assistant Medical Officer, Wandsworth Infirmary. I examined Cissy Bell on her being brought in on September 17. She was suffering from extreme atrophy, bronchitis, ophthalmia, diarrhoea, a swelling of the right thigh bone, and an excoriated condition of the skin at the joints of the private parts. The atrophy would be due to improper or insufficient feeding. Exposure of the kind that has been spoken to would account for the bronchitis. There was no organic disease. The child gradually sank and died on November 1. The postmortem examination disclosed a fracture of the right thigh bone; I should say the fracture had existed three or four weeks; it was a matter that should have received medical attention. The general condition of the child was the result of malnutrition and neglect, extending over a long period of time.
Cross-examined. The fracture would not be noticeable at a casual glance; it might even escape the notice of a medical man. The child presented all the appearances of one in a bad condition of health. The principal cause of death was malnutrition.
Mr. Clarke Hall, having closed the direct evidence on this indictment, proposed to call evidence as to other cases in which prisoners had neglected children (cited Makin v. Attorney-General for New South Wales, 1894 Appeal Cases, page 57).
Mr. Justice Channell said there had been many other decisions on this point since Makin's case. The last was a judgment of the Court of Criminal Appeal in R. v. Fisher (3 Cr. App. R. 176). The Jury had already incidentally heard about other children, they had heard prisoners plead to other indictments. The rule was perfectly clear that a Jury must not be asked to infer that a prisoner has committed a particular crime because that inference is rendered probable by other offences not the subject of the indictment. Mr. Clarke Hall. Then, that is the case for the prosecution. Mr. Cassels submitted that there was no case to go to the Jury as against the female prisoner. The allegation was that the death was due to her neglect in not supplying medical aid; that was the duty of the husband, not of the wife (R. v. Rose Saunders, 7 C. and P., 277).
Mr. Justice Channell held that there was quite sufficient evidence to go to the Jury as to neglect and ill-treatment by the woman. Although the indictment immediately before the Jury was that for manslaughter, and the offence of ill-treatment, etc. (under the Children Act), was the subject of a separate indictment, the latter offence was involved in the present trial just as much as if it formed a separate count in the indictment. The one offence being a felony and the other a misdemeanour, they could not, of course, be embodied in one indictment; but in substance the one involved the other, and the whole case was before the Jury.
KATE CHALKER (prisoner, on oath) denied in detail the various acts of neglect alleged. Cissy Bell was fed not on pat-a-cake biscuits, but on cow's milk and barley water. In the different removals referred to this child and the others were always well wrapped up. She denied
ever smacking or striking the children; they were always very kindly treated, kept clean, and clothed as well as she could afford. She had had Cissy Bell seen by Dr. Meiville and carried out his directions. She had said to her husband, "Be more kind to the children" (not "you beast"); she only referred to his sharp way of speaking to them. The fractured thigh-bone might be accounted for by the fact that once, when the child was falling out of its cradle, and witness went to catch it, she knocked it against the cradle. Everything possible was always done for the child.
Cross-examined. I had £6 with the child; I got it from its mother, Miss Bell, when it was a fortnight old. I told the officer its name was Kate Chalker because I had adopted it as my own. Since 1902 I have received in respect of children only £15; the statement my husband made to Inspector Thorne was untrue.
Cross-examined. I was confused when I made my statement to Thorne and it is not correct; since 1902 we have received about £15.
To Mr. Justice Channell. It was my wife who arranged to take in Cissy Bell. She asked me if she should and I saw no objection, as we had our own child. We are very fond of children and have always done our best for them.
Verdict, both prisoners, Guilty of manslaughter.
Mr. Clarke Hall said he did not propose to proceed with the other indictments. Prisoners had been committed to the Maidstone Assizes on an indictment for manslaughter in respect of a child named Stacey and on an indictment for neglect in respect of a child named Moore.
Prisoners, in reply to Mr. Justice Channell, expressed the desire that the Maidstone charges should be taken into account now.
Mr. Justice Channell sentenced each prisoner to Five years' penal servitude. He had taken all the cases into consideration and prisoners would not be tried on the indictments at Maidstone.
BEFORE THE RECORDER.
(Friday, December 10.)
PARTINGTON, Frank (44, traveller) ; stealing on or about October 30, 1909, 12 jabots, on or about October 19, 1909, nine blouses, on or about October 20, 1909, four yards of "Allover," on or about October 21, 1909, 10 £ yards of" Allover," and on or about October 28, 1909, four yards of net, the goods of Alfred Charles Hurst and another, his masters; embezzling and stealing 7s. 7d., received by him, for and on account of Alfred Charles Hurst and another, his masters.
Mr. Travers Humphreys and Mr. R. G. Oliver prosecuted; Mr. Rowand Harker defended.
The prisoner was tried on the first indictment.
ALFRED CHARLES HURST , 10, Fore Street, City, lace merchant. I was a creditor at the end of 1907 of the business which the prisoner then carried on in the name of Frank Partington at 25, Aldersgate Street as a manufacturer of ladies' fancy neckwear; he employed a few hands on the premises and gave other work out. Defendant owed me £158. He owed Henry Markham, lace merchant, of 39, Foster Lane, £107; his total liabilities were about £500; his assets being about; £200, taking the stock at cost price. Norman Sargent, of Mincing Lane, was also a creditor for £110, money lent. Markham, I, and Sargent saw the prisoner. He left the matter in our hands to do the best for all parties under the circumstances. We decided that it was a great pity to wind this small business up, as if we sold the stock there would probably have been a dividend of about 1s. 6d. in the £, so we proposed to carry on the business with a view to paying the creditors a larger sum. We arranged that Markham and I would put further money into the business so as to finance the concern; we consulted the smaller creditors and they were very pleased with this suggestion; all the creditors consented. Markham and I took over the concern as from January 13, 1908, making ourselves responsible for all goods bought, prisoner being retained at a salary at first of £1 a week and 21l. 2 per cent, commission on the turnover, which was afterwards, at his request, altered to 30s. a week without commission; and his wife was also engaged at £2 a week. We opened an account at the London and County Bank, Fleet Street, in the name of Markham and Hurst. We issued a circular to all creditors making ourselves legally liable for goods supplied. Prisoner had no power at all to draw on that account. He was an ordinary servant at a salary. The books were kept at my office by my clerk, prisoner having a day book in which he was to enter all transactions, from which they were posted by my clerk. That arrangement was a verbal one and continued during the year 1908. In January, 1909, we consulted our solicitors and the existing engagement was reduced into writing by agreement (produced), assigning the business, goodwill, etc., absolutely to Markham and myself and carrying out the verbal arrangement then existing. This was signed by myself, Markham, and the prisoner. The agreement contains a schedule of the debts amounting to £565, and when they were paid prisoner was to be allowed to take back the business. By letter of January 25, addressed to prisoner by us, and agreed to in writing by him, further details of the arrangement were put into writing; prisoner was entitled to buy back the business by paying off the creditors and meantime he and his wife were employed at £1 10s. and £2 per week, terminable at a week's notice. The business continued to be carried on as before. It being a manufacturer's business, goods were sold only to the wholesale trade. Prisoner was strictly forbidden to supply retail dealers. The business had no customers in the country at all—only in London. On October 29 I received information, and on November 11 saw Knight, a draper of Redhill. Knight showed me two boxes of lace jabots (produced). They are my property and are worth 12s. lid. wholesale. I examined the books and found no entry of any such sale. On November 5 I saw prisoner at 25,
Aldersgate Street and said, "I am sorry to say, Partington, that you are playing the same game again now as you were a year ago." He said, "That is not the case," and asked me what I meant. I said, "It is useless talking like that. You have sold some of our lace goods to a man named Knight, of Redhill, and they are not entered in our bocks." Before I had said that I said, "You have been selling some of our lace things and not entering them in the books"; that he denied. Then I told him I was in possession of facts and that he had sent goods to Knight, of Redhill. That seemed rather a shook to him; he seemed very much surprised and taken aback and said, "Well, yes, I have." I told him he had not entered them. He said, "Well, I have entered those in a private book, "and went on to explain that he had borrowed some money from a lady friend and been making fancy cushions for the Christmas trade and he was entering the cushion business in a private book. I said, "I must have that private book." He took from his desk book (produced), which I opened; I found written on the front leaf, "A. Francis." I said, "What is this?" He said, "That is the name I am selling my cushions under." I asked him what cushions he was talking about and he said he and his wife had been making cushions after business hours. I then saw the entry to Knight for 12s. lid., with the word "Paid" written across it; 12s. lid. is a few pence over the price we should have charged an ordinary customer for the goods. I said, "Has this man paid you?" He said, "Yes, a few days ago." I asked him what he had done with the money. He said, "Oh, I have put it in my private banking account," and that he was going to hand it over to us later on. I then noticed an entry to Hetherington, of Brighton, for some lace blouses amounting to £1 6s. 8d. I asked him what they were. He said, "Oh, they are just a little lot of blouses, which I sold to Hetheringtons." I said, "Are they our goods?" He said, "Oh, yes, they are your goods," and that as soon as Hetheringtons paid he should hand us the money. It appears from the book it was a sale in the name of Francis. I then found three entries of goods sold to Mrs. Harris, who is one of our own workpeople. They are dated October 20 and 21 and November 2 and amount to £1 7s. He said that he had sold some of our lace goods to Mrs. Harris and when she paid he would also hand that money over. Mrs. Harris does work for herself as well as for us. She does not, as a rule, buy her materials from us, but there is no reason why she should not so so; we are always willing to let our workpeople buy materials. The sale would have been quite in order if it had been entered in our books, and might have been deducted from wages. I had no know-ledge bf either of those transactions. Blouse produced is our property. Its value 1s. 4s. Defendant sold nine blouses at 2s. 11 1/2 d. each. This is the cheapest one of the nine. One of them was marked 8s. lid.
Cross-examined. The liabilities scheduled to the agreement are not the same as those existing when we first entered into the arrangement with prisoner the year before; some had been liquidated and some fresh liabilities had occurred. We should have been very pleased
if prisoner could have taken the business over; we carried it on with that object. It is not a large business, but there is a living in it for one man; the business is right enough, but it wanted capital. Prisoner managed the business with the exception of the financial part; he engaged and discharged the staff and selected things to be bought (the orders being signed by us), and controlled the sales. He mentioned that he was selling some Caxton books, and asked me to buy some—he may have told me he had taken up the agency. The value of the blouses is shown by the cost book. It is not here. In June, 1909, we told prisoner not to buy more stock than he could help, but to use up what he had—we thought the stock was too heavy. and should be reduced. In November I told him not to buy any more stock than he could possibly help, but to use up the stock which he had, so that at the end of the year we should not have a large stock upon our hands when the Christmas season was over. I did not tell him to get rid of the stock. On November 5 I saw prisoner, accompanied by my solicitor and a detective. He undoubtedly appeared to be endeavouring to keep something back from me. He was not open about it until I mentioned Knight, and the book was produced which he took from his private desk. He would not have produced that book if I had not told him that he had sold goods to Knight, of Bed-hill. Then I saw the entries of the other goods. Prisoner said he was waiting for Hetherington's cheque, and he was going to hand that and Knight's money over together. I have never seen circular (produced) in the name of Francis.
Re-examined. The first time I ever heard of the name of Francis was November 5. There was no necessity for sacrificing articles like the jabots or blouses—they are regularly sold to wholesale firms.
ARTHUR JAMES KNIGHT , Warwick House, Redhill, draper. At the end of October prisoner called upon me as A. Francis, manufacturer of fancy goods, carrying on business at Aldersgate Street. I had never seen him before. I bought of him two boxes of lace jabots (produced) for 12s. 11d., which arrived on October 20, and I sent to A. Francis cheque (produced) on Farrow's Bank for 12s. 3d., which has been paid. Receipt (produced) dated November 2 and signed by "A. Francis" was forwarded to me.
Cross-examined. Prisoner told me that he was a maker and dealer in cushions.
WALTER HENRY JONES , assistant manager, Farrow's Bank, 1, Cheapside. I produce copy of prisoner's account at my bank in the name of "Frank Partington, manufacturer, 25, Aldersgate Street, E. C.," opened on October 23, 1903, by payment in of £5 1s. 3d., consisting of a cheque for £2 7s. 3d. and cash. On November 2 Knight's cheque for 12s. 3d. was paid in. On October 30 cheque for 10s. 6d. was with drawn; with the cost of cheque book there is now a balance of £5 2s.
NORAH MAUD GAUNTLET , buyer in the blouse and lace department of Hetherington and Company, Western Road, Brighton. On October 19 prisoner called on me, handed card (produced) "A. Francis," and offered nine blouses. I did not want to buy them, but he said
that he could offer them very cheap, as they were oddments—and would sell them at 35s. 11d. a dozen. I said, "They are cheap, and I will have them." We have sold them all except the one (produced) which is marked with a manufacturer's price, "8s. 11d." We sold them at 6s. 11d. each—they were unusually profitable.
Cross-examined. We always term a lot like this a job lot. Prisoner did not show them as samples for me to place an order for a quantity. I did not want them at all—we had no account with the prisoner.
RAY HARRIS , wife of Mark Harris, Farley Road, Stoke Newington. I am employed as blouse maker by "F. Partington." On October 20 I bought four yards of lace Allover from prisoner. I received invoice (produced) in the name of A. Francis—my aunt fetched it. On October 21 I bought 10 1/2 yards of Allover, also fetched by my aunt, and for which I received invoice (produced) in the name of A. Francis. On November 2 I bought of prisoner 4 yards of black net—5s. 3d. invoiced to me by "A. Francis." The materials now shown me are what I bought.
RAY WATSON , aunt of the last witness. On October 20 and October 21 I asked prisoner if he would let my niece have some materials, and brought some back with me. I noticed the invoices were in the name of Francis. Prisoner made the remark "This invoice will do for this business."
Cross-examined. It was quite understood that Mrs. Harris would pay for the goods in a few days.
SAMUEL JOSEPH HURST , clerk and uncle to A. C. Hurst, 10, Fore Street. I also acted as clerk to Markham and Hurst, who carry on business as Frank Partington; it was my duty to post from the day book kept by the prisoner. There are no entries of the sale of lace jabots to Knight, of Redhill, of blouses to Hetherington, Brighton, or of Allover, or black net, to Mrs. Harris. It was prisoner's duty to hand over to me all cash that he received. He handed me nothing as being received from Knight, of Redhill. He did not generally have cash, as most of the payments were made by cheques, which were sent on to me at Fore Street—there were very few cash transactions.
Detective-Inspector ERNEST THOMPSON, City Police. On November 5, at 5.15 p.m., I was at 25, Aldersgate Street, when prisoner was given into my custody by A.C. Hurst, who charged him with stealing two boxes of lace jabots on October 29, the property of his employers. He said to Mr. Hurst, "You do not mean to have me arrested, do you? Cannot matters be arranged in some other way?" I took him to the station and formally charged him; he made no reply. He remained in custody till the following morning, when he went before the Alderman, and was bailed. I did not hear the whole of the conversation between Mr. Hurst and the prisoner.
Cross-examined. I was by the doorway and heard Hurst questioning prisoner. Hurst said, "You have been selling our goods.
Prisoner said, "Oh, yes; I have got those entered in the book." After being pressed prisoner was quite open.
FRANK PARTINGTON (prisoner, on oath). No suggestion was made or arrangement come to that I was not to carry on any other business besides looking after that of "F. Partington." Excepting the financial part I had entire control of the business; I engaged and discharged servants, sold and bought stuff, made designs, etc. In June, 1909, I had an interview with Markham and Hurst. Markham said, "Partington, your stock is very heavy. I thought you said it was not going to be so heavy this year—that you were not going to have much stock this stock-taking." I said, "It is heavier than I thought." They then asked to see certain portions of the stock to see if it corresponded with the stock book, which I showed to them. Markham turned to my wife and said, "You know, Mrs. Partington, this business is as much yours to-day as ever it was. The assignment is only a security for the recovery of the accounts." I mentioned that the bulk of the stock was new stuff for the autumn. In the early part of October I had another interview with Markham at Foster Lane. He said, "Partington, your stock is very heavy. Your purchases seem to be keeping very high. We want you to keep it down." He told me for my good I should keep it down before stock-taking, which took place in December. I told him I had stopped buying a month previously, as I had realised my stock was heavy. At the beginning of October I started the business of A. Francis; I took a room at 25, Aldersgate Street, for which I paid 2s. 6d. a week. I started that business with the object of getting sufficient capital so that at the end of the assignment, if we had not made sufficient money in the business, we might have a little more by us. It was for the sale of lace cushions and I issued circular produced. I borrowed £7 from Miss Ethel Denton to start and opened an account at Farrow's Bank in my own name for the business of A. Francis. The £5 1s. 3d. paid in was the balance of the loan after buying some materials, 10s. 6d. being drawn out for printing. Part of the money paid in was paid for cushions sold. I went into the country to sell cushions and called on Knight, of Redhill, and after what Markham had said about reducing the stock I decided to take some oddments and sell them in the name of A. Francis, who would have a weekly account with F. Partington, so that "A. Francis" would be responsible for anything sold and "F. Partington" should not lose anything. I made no attempt to sell to the retail trade in the name of F. Partington—I was loyal to my wholesale customers. I did not want the business of F. Partington to run any risk. (To the Recorder.) It was not a question of the risk of being found out—everything was open. "Frank Partington" was a wholesale house and it would never do for us to sell to retail businesses because we should lose the wholesale customers. I had the privilege of opening any accounts I chose and I chose to open the account with A. Francis. If I had sold in the name of F.
Partington the goods would have been entered in the books at once. I never made a penny out of it in any way. The object of taking the name of Francis was in order that it might not be discovered that I, a wholesale house, was selling to retail people. (To Mr. Harker.) I did not use the name of Francis with any intention to deprive Hurst and Markham of the goods or the money for the goods—it was simply to realise the best possible price for the stock. I got a better price than if I had sold to a wholesale house. In the same way I sold the blouses to Hetherington's; they were odd blouses that had been lying about the place through two stock-takings and had been marked down at 3s. lid. My wife ironed them up to make them look fresh and I sold them at 35s. lid. a dozen. I put Knight's cheque into my account at Farrow's Bank instead of paying it to Hurst, intending to pay it over at the end of the week. I did not receive payment from Hetherington or Harris. Mrs. Harris only wanted to leave the payment for a few days and I did not think it advisable to open an account with F. Partington. Mr. Markham was away and I did not see Mr. Hurst, or he would have known about it. There was no secrecy about starting the new business. On November 5, when accused by Hurst of stealing his property, I was taken by surprise that he should think what I was doing was dishonest. I produced the book which was in the general desk, open to anybody, and where all books and papers were kept.' I produced the book quite willingly and answered all the questions put to me. I said that I had not paid over the money because I was waiting for Hetherington's cheque. I pointed out that the business of A. Francis was for the sale of cushions. When I sold these goods I had no intention of depriving Hurst and Markham of either the goods or the money. They were sent off by carrier, despatched by Steven, the boy in the employ of "F. Partington."
Cross-examined. Hurst and Markham had no knowledge that I was carrying on the business of A. Francis—I should have told them if they had been there. I took the books, etc., to Fore Street every morning or sent them over. There was no difficulty in seeing Mr. Hurst. I read and understood the agreement and understood that I was a servant—I was content to be a servant, the engagement being terminable by a week's notice on either side. I do not say I was entitled to do what I liked with the goods of F. Partington. I had no authority under the assignment to make money by selling their goods. I did not enter the sale to Knight so that Hurst and Markham should not have any retail names in their accounts and the cheque would have been received by "A. Francis, cushion maker." The account between A. Francis and F. Partington would have been a weekly account and all moneys received up to Saturday morning would have been paid in on the Saturday. Hurst did not forbid me to go into the country and sell goods. He said he would rather I did not go; it would not pay, as he had agents to whom he would pay the commission. I went in the name of A. Francis and sold the goods in that name. I had the discretion to open an account. The business was treated as mine all the way through. (To the Receiver.)
The business could not be carried on without being financed. I was hopelessly insolvent and but for the interposition of Messrs. Hurst and Markham I should have had a receiving order made against me and been made a bankrupt. As they did not want to get only 1s. 6d. dividend they took over the business and constituted me their servant. There was nothing in the agreement obliging me to give my full time. At the time of the assignment Markham said there was nothing to prevent me from buying another business. (To Mr. Travers Humphreys.) I thought at the time I was perfectly entitled to open an account in the name of A. Francis as between myself and Markham and Hurst. It was not opened in their books—it would have been on the Saturday, the day after I was charged—when I should have paid them the cheque. I did not think it necessary to open the account before; I cannot give any other reason why A. Francis. should be treated differently from any other customer. Mrs. Harris was not a retailer. The transaction with her was 15 days before I was arrested, but she had not then paid. Miss Holden had some goods in August; she did not pay at the time. She paid eventually when we were very busy and I put the money in my pocket, making a memorandum on a paper, which was put in the petty cash drawer. Miss Holden asked me to oblige her with a yard or two of chiffon and tendered me half a sovereign; I had not change at the time and the payment was not made, but a memorandum was put in the petty cash. Miss Allaman, one of the workpeople, may have had a few yards of stuff. It was entered in the work book and would have been put in the petty cash book. The petty cash book was in the hands of my wife.
Re-examined. The only money I received in respect of these transactions was Knight's cheque on November 2, which would have been entered on the following Saturday, but I was arrested on Friday, November 5.
Verdict, Guilty, (Saturday, December 11.)
It was stated that in November, 1908, prisoner had sold a quantity of goods to Hitchcock, Williams, and Co., received £45 5s. 8d. and not paid it over; also £25 from Evans, and that the written agreement was then entered into to prevent any similar transactions; and that, besides the present charge, the wages books had been falsely overcharged by the prisoner.
Sentence, Six months' imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Friday, December 10.)
SPURGE, Alfred (59, commission agent) , having been entrusted with divers moneys in order that he might pay the same to Samuel Wallace Smedley, did fraudulently convert the said moneys to his. own use and benefit.
Mr. George Tully-Christie prosecuted; Mr. Horace Fenton defended.
SAMUEL HORACE SMEDLEY (S. W. Smedley ond Co., fruit and potato merchants). I carry on business at 171, St. Pancras potato market, Wisbech, and Evesham, Worcestershire. Prisoner first entered my employment about twelve months ago. At first there was no agreement, but when he took up a second department an agreement was entered into "We (S. W. Smedley and do.) agree to employ Mr. A. Spurge to call upon all London jam makers, with the exception of John Moir and Son and Messrs. Plaistowe and Company, at the rate of 3s. weekly as wages and 2s. 6d. per ton commission on all orders actually booked by him. No commission paid on any orders given direct to Wisbech office by letter, wire, etc. All sales to be advised to Wisbech office immediately they are booked, and general report sent regularly." Prisoner's duty was to call upon jam merchants and obtain orders for fruit, plums, strawberries, and things like that, and he got a commission of so much per ton. Fruit varies enormously in price. Prisoner told me he had other agencies, and he was to do this one about three half days a week. I sent instructions daily to my manager in London, and he gave them to prisoner. He was not to collect money for fruit, usually that was sent through the post, but he collected money for potatoes, and was to pay that in on the morning following. I gave him a receipt book, similar to that produced, and told him that when "he collected money he was to use these printed receipt forms, and make an entry on the counterfoils. The billhead produced is our ordinary form of account: "Bought of S. W. Smedley and Co., fruit and potato merchants. Two bags of potatoes at 60s.—£3. "A" bag "is 1 cwt., and there is 1s. for porterage, and a charge of 6d. each on the bags, which is returnable, making in all £3 2s. There is another charge relating to 19s. 4d., another to £1 1s. Looking at the receipts, I notice that there is no date, and the bottoms of the billheads, with one exception, have been cut off, containing the words "No receipt acknowledged by us unless on printed form." Prisoner was asked to collect these accounts.
Cross-examined. When prisoner took over the fruit department he had been with me about six months, and may be taken to have given me entire satisfaction; I had no complaints. He did not come to me with a character, but I knew he had been accustomed to this kind of trade. I gave him the receipt book myself; I swear that. I have never had it back again; I have asked prisoner for it. He would not have exhausted the book of receipts. He took very little money, not £20 the whole time he was in my employ. What money he took he paid over to my manager. I never received money from him through the post. The fruit people did not make a practice, of paying him, but if they had offered him money he would have been entitled to receive it. I cannot produce any form properly receipted by prisoner. He took very few accounts during the course of his employment, and the customers, of course, hold the receipts. Prisoner took one order from Messrs. John Moir and Son. I suggest he was not entitled to take the order. I had a customer
named Potter. I do not think it was in respect of commission that Spurge said was due on Potter's account that trouble first arose between us. There had been no trouble between Spurge and myself up to June 19, which was the date of the agreement as to the fruit. I wrote to him on August 14, it was at that time a dispute first arose between us: "Dear Sir, We understand from our London office that you have not called to-day. We are sorry you omitted to do so, as the order taken from Moir & Son cannot be booked at that price, and you were distinctly told that the lowest price was £7. Please see that this order is cancelled and contract returned first thing Monday morning. As the fruit season is now practically over and we have nothing further to offer, we shall not require you any more to do this business. Please note and return all contract books held by you. You can, of course, keep selling potatoes as before." I do not make any suggestion there that he was not entitled to call upon Messrs. John Moir; I only question the price at which he contracted. As to the reasons for that, for one thing we were discharging him. He was a weekly salaried servant, also receiving commission. The lowest price we had given him was £7 and he had contracted with John Moir and Son at £6 15s. On a 10-ton order the difference would be 50s. I am quite sure that £7 was our limit. The order was for "Evesham egg" plums and the commission would have been perhaps 12s. 6d. I do not remember any question arising about his being entitled to that 12s. 6d.; there may have been some question between prisoner and my manager, Mr. Hamblin. If the order was taken at the London office, prisoner would naturally not have been paid commission unless the London office had been directed by him to get that order. It is a provision in the agreement," No commission to be paid on any order given direct to Wisbech (or London) office by letter, wire," etc. Commission was only to be paid on orders actually booked by prisoner. If a customer wrote, or wired, or telephoned to the London office and gave the order in that way, it would not be an order actually booked by prisoner. Potter's order was the first taken by prisoner, I believe, after the agreement. There was no complaint so far as I am aware from prisoner that the commission on that order was not paid. If there had been I should have heard of it, as I am the proprietor of the whole business. I do not remember that I disputed it because the order was telephoned to the London office. The fruit business with prisoner was unsatisfactory right through. I wrote the letter (produced) of July 27, urging prisoner to push the sale of raspberries, strawberries, etc. There is no complaint in that letter, but there are other letters I sent him complaining. I have no copies of those letters. On July 27 the fruit season for jam making was still well on. When I wrote on August 14 the season was practically over. That letter was not written as an excuse to get rid of him; he was not satisfactory and the season was over, so instead of keeping him on during the fag end we dismissed him. We did not lose Messrs. John Moir and Son as a customer on account of the cancellation of the contract. They placed an order with us a few weeks afterwards. I called upon them personally several times. I have received no account from prisoner accounting for
moneys he is charged with appropriating. There was never any difficulty in finding prisoner. When he was in my employment he was living at Saltoun Crescent, West Kensington. I know he moved from there into All Saints Road, but I had to find that out myself, and it took me some little time to do it. I have had similar difficulties with other agents. On one occasion I was sued for commission alleged to be due, but the summons was with drawn.
Re-examined. Before this charge was brought I heard nothing of. any commissions being due to prisoner. Many of the customers refused to produce their receipts on account of witnesses having to attend here for such a long time.
JOHN FRY , greengrocer, 84, Moscow Road, Bayswater. On August 10 prisoner came to me and I paid him the account (produced) for £3 2s., and he gave me a receipt. On August 13 the same thing hap-pened with reference to an account of £1 1s. On July 30 I paid him £3 lis. and he gave me a receipt. No official labels were attached to the receipts.
LYTTON BIGGS , greengrocer, 4, New Street, Dorset Square. In July I paid prisoner 19s. 4d. and on August 26 7s. 2d. He gave me the receipts produced. He never gave me receipts with the official stamp on. I do not think I have ever seen prisoner with green receipt slips.
ISAAC SELYVELD , greengrocer,*29, Pembridge Road, Bayswater. On August 18 I paid prisoner 18s. 2d. and he gave me the receipt produced. I gave him a further order for some potatoes. I have never seen him with the official receipts.
HAROLD JAMES HAMBLIN , seed merchant. I was Mr. Smedley's manager until about a month ago. Money received by prisoner would be handed to me. I had nothing at all to do with his commission. I do not remember him handing to me £3 2s. or £1 1s. or 19s. 4d., or the other sums which have been mentioned.
Detective MARX PINNOCK, Y. On November 10 I went to All Sainte Road, Westbourne Park, and there saw prisoner. I told him I was a police officer and should arrest him for embezzling money belonging to Mr. Smedley. He said, "I have only had what is due to me for commission. I thought I had a right to keep it." At the station he asked what were the amounts he was going to be charged with. I showed him receipts for £3 2s., £1 1s., and 19s. 4d. He said, "Yes, quite right; I have had those and in all about £6 odd." He was then' charged and made no reply. On November 17 prisoner was further charged with embezzling three other sums, namely, 10s., on July 30, 1909, 18s. 2d. on August 18, 1909, and 7s. 2d. on September 4, 1909. He said, "That is quite right. I have had those." He was charged and made no reply.
Cross-examined. I ascertained that prisoner had lived in Saltoun Crescent for three and a half years, and was for 20 years in the employ of Messrs. Buchholtz, in the City, until the partnership was dissolved.
ALFRED SPURGE (prisoner, on oath). I am now living at 38, All Saints Road, Westbourne Park. Previously I lived at Saltoun Crescent, West Kensington, for three and a half years. I am married and have two children, who are grown up. I started in life as a draper's assistant in Essex and was afterwards in Stowmarket in the same line of business. In 1875 I came to London. I was first with Messrs. Spencer, Turner, and Boldero, then with Messrs. Debenham and Freebody, and afterwards with Messrs. Buchholtz, in St. Paul's Churchyard, in whose employment I remained for 19 or 20 years, until the firm was divided. That was over 10 years ago. I have been down to make inquiries as to a reference, but all the people I knew have disappeared entirely. Then I went into the wholesale drapery business and became a commercial traveller. I have now for some time been a commission agent and in that capacity entered the employ of the prosecutor. Up to the time of my signing the agreement as to the fruit business of June 19 there had been no complaint with regard to my work and, as far as I know, I gave the fullest satisfaction. The first trouble arose over the account of Messrs. Potter and Co., who were buyers of fruit. I called upon them one morning with a quotation for fruit, but during the day they placed the order with the London office by telephone. At the end of the week, when I asked Mr. Smedley for the commission he refused to pay me because the order had come over the 'phone. I considered I was entitled to commission on any orders sent to the London office, but not on orders sent to Wisbech. I never took any orders without booking them and I signed contracts as for Smedley and Co. This occurred shortly after the signing of the agreement. It was by permission of Mr. Smedley that I called on Messrs. John Moir and Son. I obtained from them an order for plums on August 11. I have never heard Mr. Smedley dispute the placing of that order with me; he has made no complaint of it whatever. He said I ought to have got £7 instead of £6 15s. I replied that as I had no quotation for £7 I sold them at £6 15s., which was the market price. It is not the fact, as he says in his letter of August 14, that he distinctly told me the lowest price was £7. I tried to get the order cancelled, but was unable to do so. At that time the fruit season was not nearly over. The letter of August 14 did not entirely sever my connection with the firm; I was still to continue with the potatoes. There is nothing in the way of complaint in any letter I ever received from the firm. It is not true that I was provided by Mr. Smedley with a receipt book; I never had one all the time I was there. If I had such a thing I should have returned it. I have no knowledge of tearing off the billheads the printed slip stating that only printed receipts would be recognised. I think I may have done so on one occasion. I admit receiving the moneys in respect of which I am charged, but I thought as I could not get commission for the orders of Potter, Moir and Son, and Southwell and Co. I was entitled to retain the moneys I had received. I produce an account of what I consider was due to me from Smedley
and Co. I have written to the Wisbech office on several occasions, but have never received a satisfactory reply and have received no payment on account of commissions. The next thing was that I was arrested on a warrant. I never denied to the constable that I had received these moneys. I said to him, "I have only had what is due to me for commission. I thought I had a right to keep it." That is what I honestly thought. What I retained represented, I thought, what was due to me for commission.
Verdict, Not guilty.
Before JUDGE RENTODL.(Friday, December 10.)
Sentence, Six months' hard labour.
GROSBERGER, Adolph (45; agent), and KAMMS, Alfred (33, dealer) ; both forging and uttering, knowing the same to be forged, an order for the delivery of goods, to wit, an order for a banker's cheque book; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque and order for the payment of £175; forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque and order for the payment of £264, in each case with intent to defraud.
Mr. R. D. Muir and Mr. Oddie prosecuted; Mr. Curtis Bennett defended Grosberger; Mr. Purcell defended Kamms.
SHEPHERD MARKS . I am at present an inmate of Wormwood Scrubs, having been convicted at this Court on October 14 last and sentenced to five years' penal servitude for forging and uttering a cheque for £264. (See preceding volume, page 779.) I appealed unsuccessfully. I presented the cheque handed to me at the London Joint Stock Bank for payment on September 13, when I was arrested. I made a statement to Inspector Newell, which was afterwards written down and I signed it. On Sunday, September 12, I was in Leeds at my sister's house, 26, Victoria Place. I received on. that day the telegram (Exhibit 11), "Come immediately; leave to-night; reply Alf." Alf is Alf Kamms. I do not know the name or address on the back of the telegram, A. Brown, 29, High Street. It was not on the wire I got. I do not know the handwriting. I knew Kamms three or four years ago. I have known him 18 months perhaps. I met him at Ascot this year. I did not speak to him there. I spoke to him in London a few days afterwards, and we went to Ireland together backing
horses and making a book. I replied to the telegram, "Arrive 9.40 King's Cross; meet me; Shep." I knew Kamm's address. He knew my address; I had left him my card. No one met me at King's Cross. I went straight to his place, 44, Rutland Street, Mile End. I asked if he had wired to me; he said yes. I said I thought you would meet me at the station; he said he could not on account of some people downstairs. I heard voices talking down below. He told me he had some business on hand with these people, would I meet him in the morning. He asked where I could meet him; I said I did not know; he mentioned the "Unicorn" I said I did not know it. He explained where it was and told me to be there at 10 in the morning sharp. I met him outside there. There was nobody with him. He then asked me to walk to the "Woodin's Shades" with him to meet these people; that is about 300 yards away. We went inside the "Woodin's Shades" and he introduced me to Grosberger and another man, a dark fellow. He did not mention their names, he just said, Two friends of mine." They were two foreigners. Grosberger drew an envelope from his pocket. Kamms said, "Let me have a look at it" Grosberger took out the cheque; Kamms looked at it, gave it back, and pulled out a sort of wallet and said, "I would be all right to take it in this." Grosberger said no, it is not necessary. Kamms then called me outside and told me it was a cheque they had got of some people; would I go to the bank with one of them and change it. He said they got the cheque off "a can." I asked if that was what he had wired me for; he said, "Yes, it is all right; don't be afraid, it is a million to one on." I said, "I hope it is all right." He said, "You can leave yourself entirely in his hands." We went back into the "Woodin's Shades." Grosberger took the envelope out of his pocket, Kamms nodded to him, much as to say, "It is all right." Grosberger handed the cheque to this dark man and asked me to pretend to sign it when I go in the bank with it. We was about ready to go out when Kamms says, "We will go to this place and show ourselves and meet you in half an hour on the G. P. O. steps." He did not say where the place was. I was to go to the bank, get £64 in gold, £100 in fives, and £100 in tens. I do not know whether it was Grosberger or Kamms said that. Kamms said, "Give the gold to the man as soon as you come out and follow him." That was the dark man that went with me to show me where the bank was in Princes Street. He said, "I will nod to you when we get to the bank," and at the corner of Princes Street he said, "I will wait for you here," and gave me the cheque in an envelope. This is the envelope. I wrote these figures on the back, "£264." I went inside the bank, payment was refused, and I was arrested. When I made my statement to Inspector Newell I gave descriptions of the men.
Cross-examined by Mr. Purcell. When I handed the cheque to the cashier I asked him to cash it for me. He asked me who I was. I told him I was a stockbroker's clerk. I have never been a stockbroker's clerk. He asked me who was the payee of the cheque; I says the name that was endorsed, M. Egard I think it is. I said, "He is a stockbroker and I am his clerk." That
was not true. When I made one of my statements to the police I said I knew there was something wrong with the cheque when I took it. I said I did not know it was the extent of a forgery. I believed it was got from what they said, "a can." I had an interview with Inspector Newell at the Appeal Court. It was not at my request. I made a second statement to him at Wormwood Scrubs; that was at my request. I was a stranger to the "Woodin's Shades." I went in with Kamms. The two foreigners were in there then. I think Gros-berger called for drinks. The four of us were there about 20 minutes. I know Alexander Jacobson. I first heard Grosberger's name at Brixton prison a few days after I was arrested from Jacobson.
Cross-examined by Mr. Curtis Bennett. Kamms supplied the expenses to go to Ireland. We had a tiff. I gave him. the option of going with me to Doncaster if he paid the expenses. I was identified as the person who obtained the cheque book on September 9 by the clerk at the bank. He was wrong. The statement I made to Inspector Newell was true. When I came to London from Leeds I called at Jacobson's, Abingdon Buildings, Shoreditch, and left my portmanteau. Then I went to Kamms'. I looked for him in two or three places on the road. Kamms walked to the corner of New Road with me. If I said at the police court that he asked me to meet him on the Monday morning between 9.45 and 10 that is a mistake; I could not have said that. It is a mistake that I told Inspector Newell that I met these two foreigners at the "Unicorn" and went all together to the "Woodin's Shades." I think the dark man asked me to get £64 in gold, £100 in fives, and £100 in tens. When Kamms called me out as we were leaving the "Woodin's Shades" Kamms or Grosberger also told me. I may have omitted to say that. Both statements are correct. When I got the wire I knew it was from Kamms. I have always known him as Alf. I have heard other people call him Abe Kamms. The card I gave him as my address was "J. Ramsden, commission agent, 26, Victoria Place, Leeds"; I wrote on the top my name, "Shep Marks." To say that I suggested to Kamms that I obtained the cheque book and wanted him to cash a cheque is a lot of nonsense, a lot of rot. I can prove I was not at the bank on the 9th; the police know it; that is how this has all come out. The police know the identification was wrong; that is what I appealed against. I told the bank clerk I got the cheque at the "Unicorn" when I went to cash it. I was ignorant which was the "Unicorn" that morning when I went in. I meant the "Woodin's Shades."
MAX HARKABY , engraver. I made a matrix for the manufacture of a stamp with the impression "C. P. S." I got the order about August 15 or 16 last. Mr. Muggleton, 97, Bishopsgate Street Without, made the rubber part of it for me. I delivered it to the man who ordered it. I would know him if I saw him. (He looks 35 or 40 years of age, he was shaved and had a dark moustache. I do not know the firm of Corby, Palmer, and Stewart.
PETER MCGILLIVRAY BLACK , cashier, London Joint Stock Bank. Exhibit 2 is an order addressed to the bank for a cheque book, dated with a rubber stamp September 9. I believed it was a genuine order and handed out a cheque book containing 200 cheques.
JAMES BRITTON HUGGETT , cashier, London Joint Stock Bank. I remember the cheque for £175 being presented on September 11 bearing a stamp of that date and the stamp "C. P. S." I queried the drawing first and then I referred it to my colleague, who said it was all right and I paid it. I cannot remember the man who presented it. DAVIS HOLLAMBY, Accountant-General's Department, G. P. O., produced the telegrams from Kamms to Marks and Marks to Kamms.
E. FORD, Kingsland High Street Post Office. Exhibit 11 is a telegram handed in on September 12 by Grosberger. He came into the office and asked me if I would write out a telegram for him. I asked him if he could write. He said yes, and I told him he must write the message himself. I cannot say positively he came in by himself; there were others in the office at the time. I cannot say if the message was handed to me by the man who asked me if I would write out the message for him.
GEORGE PENNACK , counter clerk, Aldgate Branch P. O. Exhibit 12 is a message that came over the wire from Leeds. I wrote it out in duplicate, a carbon copy. It was delivered by messenger 101 to 44, Rutland Street, Mile End.
EDWARD GEORGE BROWN , barman at "Duke of Clarence' St. George's Circus, S. E. On September 12 I was employed at the "Woodin's Shades," 50, Bishopsgate Street Without. Between 10 and 10.30, four men came into the bar. One of them was Kamms; I am not sure of the other prisoner. To the best of my recollection since I have seen Marks I believe he was there also. I particularly remember Kamms by his attitude and the way he swung his arm across the counter. He had a ring on his finger and he tapped the counter once or twice and caused me to look round. He was dressed in a light mackintosh and green felt hat. It was a rounder shaped hat than this. It was a light mackintosh like this. I identified him in the street on October 22. I was in a turning off New Road, Mile End, with Inspector Newell, and I was asked if I saw anybody I knew to tell him. I saw Kamms come across the road and run up on a doorstep. His attitude caused me to look a second time and I said, "That's the man." On November 6 I went to Cloak Lane Police Station. I there saw 12 or 13 men in a crowd. I was asked if I could identify anyone as having been in my bar at that time and picked out Kamms.
Cross-examined by Mr. Purcell. I believe Inspector Newell was in the room when I identified Kamms at the station. I do not think there were many fair men among the 12 or 13. At first I did not pick out anybody. On November 25 I went there again. I saw the same sort of men. I could not say if many were fair; it was gaslight and cramped. I did not pick out any fair man. I could have picked
out Grosberger, but it might have been said, "You have seen him before."
JOHN LAW , paying cashier, London Joint Stock Bank. On September 13 Shepherd Marks presented the cheque (Exhibit 1) for payment. Payment was refused and he was arrested. The first cheque was three days 'before.
Inspector NEWELL, City Police. On September 13 I went to the London Joint Stock Bank, in Princes Street. I arrested Shepherd Marks there. He made a statement to me. I then took him to Old Jewry, where he made a long statement. On September 20 I saw him again at the Mansion House and, in consequence of what he said then, I read over the typewritten statements I had already read out to him; he signed it and said, "I make this statement voluntarily of my own free will." On November 4 I saw him at the Court of Criminal Appeal. He then made a further statement. Next day I caused Grosberger and Kamms to be arrested. I told them they would be charged with being concerned together with a man named Shepherd Marks, already in custody, in forging and uttering an order for the delivery of goods, namely, a banker's cheque book containing 200 cheques, on September 9 this year, the order purporting to be signed by Messrs. Corby, Palmer and Stewart, to the prejudice of the London Joint Stock Bank, and they would also be further charged with being concerned together in forging and uttering a banker's cheque for £175 on September 10, drawn in favour of B. Miller and also purporting to be signed by Corby, Palmer and Stewart, and further with forging and uttering a cheque on September 13 drawn in favour of M. Gerard and purporting to be signed by Corby, Palmer and Stewart, both to the prejudice of the London Joint Stock Bank. I showed them the cheques and the order. Grosberger said, "I do not know the man named Shepherd Marks, neither do I know the firm you have mentioned." Kamms did not make any reply. There were taken to Cloak Lane Police Station, where the charge was read over to them. They made no reply. I went to Grosberger's house the same day. I found there Exhibits 18 and 19, the felt hat and mackintosh. I tried to find 29, High Street, Kingsland, but could not; the space between 23 and 33 is occupied by a timber merchant, a yard for storing timber.
ARTHUR PALMER , Messrs. Corby, Palmer and Stewart, St. Paul's Churchyard. We have an account at the London Joint Stock Bank, Princes Street. My partner and myself sign cheques. Besides signing them we put two stamps upon them. This memo, is not a genuine form; it is something like ours. It bears a signature of Corby, Palmer and Stewart; it is a good imitation of my signature; if I did not *' know the history I should say it was mine. It is a request for a cheque book. I did not authorise the request to be sent. I did not sign the cheque for £175 payable to B. Miller, or the cheque for £264, or authorise anybody to sign them.
Detective-constable JOHN LOAKES. At 5.15 on November 5 I saw Kamms in a pawnbroker's in Commercial Road, E. I spoke to him; I said, "Is your name Kamms?" he said "No "; I said, "I am a police
officer and have reasons for believing that your name is Kamms. After a little hesitation he said, "Yes, that is my name." I said, "I am going to take you into custody." He said, "What for?" I said, "For being concerned with other men in forging and uttering on September 9 last an order for the delivery of 200 cheques on the London Joint Stock Bank, Princes Street, purporting to be signed by Corby, Palmer and Stewart, mantle manufacturers, St. Paul's Churchyard; further with being concerned with other men in forging and uttering on September 10 a cheque for £175 purporting to be signed by Corby, Palmer and Stewart. Further with being concerned with others in forging and uttering on September 13 a cheque for £264 on the London Joint Stock Bank purporting to be signed by Corby, Palmer and Stewart." He did not make any reply. When we got into Commercial Road he said, "Well, look here, I am going with you, but I do not know what for." I said, "I have told you what you will be charged with, and you appear to understand." I repeated the charge to him and he said, "Well, I understand." I then took him to Old Jewry and he was subsequently charged.
Cross-examined by Mr. Purcell. I followed him to the pawnbroker's. I found he was well known there. I was not dressed like a police officer. There was nothing to tell him I was a police officer, only what he might have thought.
Detective-sergeant HY. GARRARD, City Police. At 4.50 p.m. on November 5 I went to Victoria Road, Stoke Newington. I saw Grosberger. I followed him into High Street. He had two letters in his hand. As he got to the pillar box I stopped him and told him I was a police officer. I asked him if his name was Grosberger; he said "Yes." I said "I am going to take you into custody for being concerned with Shepherd Marks and two other men not in custody for forging and uttering on September 9 last an order purporting to be signed by Corby, Palmer and Stewart, mantle manufacturers, of 29, St. Paul's Church-yard, for the delivery of goods, that is, a cheque book containing 200 cheque forms, to the prejudice of the London Joint Stock Bank, 5, Princes Street E. C. Also on September 10 last concerned with the same men in forging and uttering a banker's cheque for £175 in favour of B. Miller, and on September 13 one for £264 in favour of M. Egard, purporting to be signed by Corby, Palmer, and Stewart." He said, "I do not know a man named Shepherd Marks, neither do I know the firm you mention any more than the man in the moon." He was then conveyed to Old Jewry.
(Monday, December 13.)
CHARLES FREDERICK CROSS , Fellow of the Institute of Chemistry and of the Chemical Society; Member of the Society of Public Analysts. I am in partnership with Edward John Bevan as consulting and analytical chemists and we are technical advisers to Messrs. Stevens and Co., ink manufacturers. I have had submitted to me two letters and envelopes, exhibits 13, 14, 15, and 16, and exhibits 1 and 4 (cheques for £264 and £175), and have chemically
tested and microscopically examined the ink upon them. It is a pure Prussian blue ink of a rather peculiar kind not generally in use now. In my opinion, exhibits 13, 14, 15, and 16 are written with the same ink as exhibits 1 and 4.
Cross-examined. I am referring to the signature on the cheques only—not to the amounts or payee's name. The ink that is used does not change very much. A blue black writing ink will change with age, but these blue inks change very little. I examined the documents early in November—I think it was November 17 when I reported, two or three days after I received the documents. I was not called before the Magistrates. I was not here last week and to-day is my first appearance in court with reference to this case.
RICHARD ELLIS , paying cashier London County and Westminster Bank. I have been with my bank for 42 years and as paying cashier have had great experience in the comparison of handwritings. I have examined envelope and letter exhibit 13 and 14, envelope and letter exhibits 15 and 16, and account book exhibit 17. In my opinion, they are written by the same person. I have also examined cheque exhibit 4. In my opinion, the filling up of the cheque is written by the person who made the entries in the book (witness pointed out various similarities).
Cross-examined. The writing of educated men always bears a similarity, but there are distinctive differences; all writers have distinctive characteristics. The writing of foreigners has a similarity, but there is also a pensonality in each. * *
Mr. Curtis Bennett submitted that there was no material corroboration of the accomplice Marks as against Kamms (R. v. Warren, 2 Cr. App. R., p. 194 R. v. Everest (same Volume, p. 130); Reg. v. Tidd, L. R., 1909, 2 K. B., p. 680); Browns evidence only proving that Kamms was in the public house at the par ticular time, and not going to any material fact.
Mr. Muir submitted that the sending of the telegram by Grosberger in the name of Alf (Kamms), and Marks consequently going to Kamm's house, together with the other evidence, was amply sufficient.
Judge Rentoul held that there was some corroboration; he should direct the Jury that there was corroboration on which they might find a verdict against Kamms.
ADOLF GROSBERGER (prisoner, on oath). At the time of my arrest I was living at 58, Coronation Avenue, Stoke Newington. On September 12 did not go to Ford's post office and send the telegram to Shepherd Marks. I went to that post office on September 25 at 11 p.m. with a man named David and handed a telegram to Ford. Ford said it was past 11 and it was tee late. I spoke to another clerk and persuaded him to take the wire. He told Ford to take it and Ford went behind the partition and directed the man at the door, to close the door and not let anyone else in, as it was after time. On Septemter
13 I was not at the "Woodin's Shades" public house. There is not a word of truth in Marks' statement that I showed a paper there. I have never seen the two cheques in question. I told the officer that two letters produced were in my handwriting—that is true; some of the handwriting in the account book is mine; it is the book I have brought from South Africa. Most of the entries were made there. I was put among others at Cloak Lane Police Station; Brown failed to pick me out and picked out another man.
Cross-examined. Telegram exhibit 21 is in my writing. David is a man who lived at Buecker's Hotel, Finsbury Square, with whom I went to Yorkshire, buying carbonised woollen rugs. I sent the wire on his behalf. He was a foreigner and I could write the English address more easily than he could. I know Davis; I have his address in my pocket book; he is a thoroughly respectable man, the manager of a confectioner's at Tottenham. On September 25 I wrote the telegram in front of Ford. I am positive I was not at Ford's post office on September 12—it was a Sunday and I should not go out. I have known Kamms from childhood, but have had no connection with him for years; his family did not visit me and we were bad friends. On page 19 of book produced "Miss Miller" and "Mrs. Miller" are in my handwriting. On page 21 the date is not in my handwriting; "Mrs. Friedlander" is not my writing (witness admitted several entries in the book were written by him). I did not write cheque exhibit 4. I never use green ink. The two letters and envelopes, exhibits 13 to 16, were written an hour before my arrest with the same blue-black ink and the same pen. It is ink purchased at a stationer's near where I live for 2d. or 2d. I had had it a considerable time and it may have turned a little greenish—it is the ordinary blue-black ink—not green ink.
Re-examined. The officers went to my house while I was detained at the station and took away my ink bottles, papers, and correspondence. They have not produced the ink bottles at the police court or here.
ALFRED KAMMS (prisoner, on oath). My real name is Abraham Kamms. I have called myself Alfred Kamms in business because it sounds more English. I am known among my friends as "Abe." I had a quarrel with Marks in Ireland, left him and came back alone. I know nothing about the sending of a telegram signed "Alf" on September 12. On that date I received telegram asking me to meet somebody at the station—I knew nothing about it and did not go. At about 11 p.m. that night Marks called upon me with a man named Alec Jacobson. Marks told me he had sent a wire and asked why I did not go to the station to meet him. I said, "What did you want me for?" He said, "Well, I have got a cheque—will you cash it?" I said, "I will have nothing to do with it." I did not go into any further details; we only spoke in the passage; the door was ajar; I did not even ask him in. As a matter of fact we were not too friendly, and I was not very glad to see him. He said "All right" rather. snappishly and went away. I was in my shirt sleeves. No arrangement was made to meet him at the "Unicorn" and I did
not do so, nor go to the "Woodin's Shades" afterwards. I have been to the "Woodin's Shades" many times, as I have been in other houses in the neighbourhood. I was not there on the morning of September 13. I know nothing about the forging' or uttering of cheque for £264. I did not pay for Marks' defence. A collection list was made and various people were asked to subscribe for a man in trouble, and I gave a sovereign. About thirty people subscribed. Cross-examined. Marks did not tell me that he had had a telegram signed "Alf" asking him to come up to London. He said,. I wired you to meet me at the station. Why did not you meet me?" He never said a word about his being brought up to London by a telegram signed "Alf." I knew from his wire that he had come up from Leeds. He asked me if I would cash a cheque. I did not ask him anything about it because I wanted to have nothing to do with him. I was short with him. I believe I took the telegram in. I cannot say if Edwards brought it or another boy—I should certainly have told him there was no answer. The quarrel with Marks was not a very serious one—I thought it was a very mean action. We were driving from Greystones to Bray, where we were staying, waiting for the race on the following day, and passing a farmhouse we saw up that there were new-laid eggs for sale. We went in and I asked for a shillings worth, and while the woman went away to get a bag, leaving the eggs on the table, Marks took two eggs from the basket and put them in his pocket. I said he ought to be ashamed of himself, threw a shilling on the table and walked out. I did not care to drive back with him, but as we were a long way from Bray I got on the car. I told him it was a dirty low thing to do, and we started quarrelling and got very nasty. When we got back to the rooms I did not speak to him and the next morning I went to Leopardstown Races, returned to the rooms, got my bag and came to town. Marks afterwards called on me in London and I refused to see him. I did see him one morning, and he suggested going to Doncaster to make a book for the St. Leger week. I refused to go with him, and then he asked me to lend him £1 or so to go on with, which I refused to do. I knew his address in Leeds, because at Bray he had given me a card with his Leeds address on it—" J. Ramsden, commission agent." On September 13 I did not meet him outside the "Unicorn" or go to the "Woodin's Shades" or meet Grosberger there. I know nothing about how the telegram was sent. I am not known as "Alf "—I am called "Abe" by those who know me. I should never send a telegram signed "Alf," and no friend would send one so signed in my name. I believe I have been in the "Woodin's Shades", since Marks was arrested—I will not swear that I have or have not been there since. I did not engage Searle to defend Marks—I had nothing to do with it beyond subscribing £1. I swear I did not instruct Searle. Mr. Barratt was engaged to defend me at the Mansion House and did so on the first occasion. On the second occasion Mr. Searle was there. He came round to Brixton Prison, asked to see me, and said he had been sent to defend me. When the warder told me Mr. Searle wanted to see me I was
surprised, and said that Mr. Barratt was my solicitor. Mr. Searle said he had been engaged outside to defend me. I told him Mr. Barratt had been engaged, and Searle said, "It is all right; if you don't want me on another occasion you need not have me," and he did appear for me at the second hearing. That is the only occasion Searle appeared for me. Verdict (both), Guilty.
Convictions proved: On April 7, 1902, Grosberger at this Court five years' penal servitude for forging American Express warrants for payment of money, the warrants having been stolen from the American Express in Paris by means of a burglary, in which the watchman was killed. Kamms on May 17, 1899, was arrested on an extradition warrant for forgery in Germany, but discharged for want of sufficient evidence; on April 7, 1900, he was re-arrested for forging Servian lottery tickets and sentenced to fifteen months in Germany; on March 6, 1902, he was arrested for forgery in Norway, but discharged for want of evidence. Both prisoners were said to be associates of known forgers. Kamms had been doing respectable business with South Africa and receiving considerable sums. Sentence (both), Four years' penal servitude. Mr. Oddie applied that Kamms should be ordered to pay the costs of the prosecution, as certain sums could be recovered from him.
Order refused, on the ground that the amounts could not be earmarked as the property of the prosecutor.
BEFORE MR. JUSTICE CHANNELL.
(Saturday, December 11.)
Mr. Eustace Fulton prosecuted; Mr. Curtis Bennett defended.
ALFRED TALBOIS . I am living now at 6, Upper Porchester Street, Hyde Park, and am a South American rancher. I have known prisoner for three or three and a half years. I met her first in Buenos Ayres when she was on the stage there. We became intimate and afterwards lived together as man and wife. About June or July of this year we were in England and living together at 20, Sinclair Gardens, Hammersmith. I had made arrangements to return to the Argentine on October 7. About September 20 I said something to prisoner about the relationship in which we were living, and told her I could not take her back in the name in which she was living with me; that it would be detrimental to me socially and in business, but she could come out with me and I would look after her. She appeared to be upset by what I told her. In the week that followed we constantly discussed the matter. On the morning of September 28 I spoke of it again before I went out. I returned to the house about half-past eight at night. I whistled outside the house; that was a sign I usually gave.
The door was opened and as I walked in a shot was fired. I was more or less dazed and walked out again. I was assisted to the house of a doctor of medicine and was afterwards taken to the West London Hospital, where I remained, I think, a week. After that the doctor used to come and see me once a week. The revolver produced is mine. I bought it in the United States about 18 months ago. I used to keep it in the house and left it lying about. There were cartridges about, too. It was sometimes loaded and sometimes unloaded. I used to clean it sometimes and leave it unloaded, and cannot say whether it was unloaded on September 28.
Cross-examined. Prisoner when I first met her would be about 18 years of age. We travelled about a good deal together in America. I came to England and went back again. During the whole of the time she was with me she suffered from nervousness and hysteria. On several occasions she had to be under medical treatment. During the whole of the time I knew her she was a quiet and inoffensive girl and by no means a violent person in any sense of the word, and she was apparently very fond indeed of me. Since we had been living at Sinclair Gardens she had been under the treatment of Dr. Williams. Previously to September 28 she had been suffering worse than usual and I had sent her away for a holiday. She complained to me of nightmares and dreams, and that she used to wake up in a state of fear, imagining that people were coming into the room. Although I told her she could not go back with me to the Argentine and still live in my name, I said she could come back with me to the Argentine and I would still look after her and would see her every day. As a matter of fact, I left a deposit for the two passages.
ALFRED THOMAS FOWLE , postman. On September 28, about half-past eight in the evening, I was in the Sinclair Road, Hammersmith, on duty. I heard the report of firearms, and looking in the direction of the sound saw a man running about fifty yards from me. I saw a woman standing on the step holding a revolver in her right hand. I immediately went across the road. When I came up to her she handed me the revolver. She evidently mistook me for a policeman, as I had my cape on. As she handed me the revolver she said, "Take it, officer; I have killed him." After that she lapsed into semi-consciousness. She was arrested inside the house. The revolver produced is similar to the one she handed to me.
Cross-examined. She had evidently mistaken me for a policeman. She may have said when she handed me the revolver, "Take it, officer; have I killed him?" Of course, not being a police-officer, I did not '* take much note of what she said.
Inspector DANIEL GOOCH, T Division. On the evening of September 28, about five minutes to nine, I went to Sinclair Mansions, Richmond Road, Hammersmith, the surgery of Dr. Williamson. I there saw prosecutor lying on a couch. I then went to 20, Sinclair Gardens, where I saw prisoner on the ground floor in the front room. She was quite calm. I said to her, "Your husband has been shot; can you tell me anything about it." She said, "It was all on an impulse. I pointed the revolver and it went off. Have I disfigured him? If you
only know why I did it. At that point prisoner broke down and was unable to speak. I was unable to get anything from her for some considerable time. On her recovery she asked me to take her to her own rooms on the first floor. I went with her to her rooms. I asked her then? it was her husband and she said, "No." I asked her her name and she said, "Beatrice King." Continuing, she said, "I have been so nervous and have been afraid of burglars. I went, to the door, opened it, and pointed the revolver at him and fired. I had intended to do away with myself. I got my senses as soon as ever I had done it. I gave the revolver to a postman. He (meaning Talbois) told me ho wanted to get rid of me and I thought the revolver was left there for temptation." I then told her I should take her into custody and asked her if she understood. She said, "Yes, I understand it all." She was then conveyed to the station and charged and made no reply.
To Mr. Justice Channell. On the table in the front room, when I first saw prisoner, I found a six-chambered revolver, loaded in five chambers; one chamber had been discharged. I produce the discharged cartridge.
Cross-examined. I said at the Police Court prisoner was in an extremely excited condition, trembling all over. I think I may have exaggerated her excited condition. I think when I said that I meant that she was in a condition of nervous prostration. The inquiries made by the police are highly satisfactory to prisoner.
REGINALD FAWCETT PRIESTLEY , house physician, West London Hospital. On the evening of September 28, prosecutor was brought to the hospital and examined by me. He was suffering from a bullet wound at the left side of the chest, and there was a considerable degree of shock. There was very little external hemorrhage, but there was a considerable effusion of blood into the pleura. Two or three days afterwards we removed the bullet from underneath the skin of the back, it having passed through the body. The wound is not likely to have any serious permanent effect.
Verdict, Guilty of unlawful wounding while in a state of extreme nervous excitement.
Detective-inspector FRANK KNELL, T Division. I have made inquiries concerning prisoner and find she is the daughter of a Mrs. King, who resides in Manchester. At the age of 13 she joined a troupe of dancers and performed in the provinces. About five years ago she went to Buenos Ayres. She has always been a good girl and has helped to support her mother since she left home. Sentence, Four months' imprisonment, second division.
MATTHEWS, George (21, sawyer) , carnally knowing Ethel Elizabeth Staple, a girl under the age of 13 years; carnally knowing Ellen O'Dell, a girl under the age of 13 years; carnally knowing Constance O'Dell, a girl under the age of 13 years.
Verdict, Guilty. Sentence, Three years' penal servitude. Other indictments were not proceeded with.
BEFORE JUDGE RENTOUL.(Saturday, December 11.)
MORIARTY, Michael (65, tinsmith) , pleaded guilty of feloniously causing or procuring to be cast, forged or counterfeited certain marks, stamps or impressions in imitation of or to resemble certain marks, stamps or impressions, to wit, an Anchor and a Crown made with certain marks or stamps used for making gold and silver wares by the Guardians of the Standard of Wrought Plate in Birmingham; feloniously having in his possession or being possessed of the marks or stamps of the Anchor and Crown which have been forged or counterfeited in imitation of and to resemble the marks or stamps of the Crown and Anchor used for marking gold wares by the Guardians of the Standard of Wrought Plate in Birmingham.
Sentence, Six months' hard labour on each count, to run concurrently.
BEFORE THE COMMON SERJEANT.
(Monday, December 13.)
PLOTZKER, Marcus, and PLOTZKER, William, both unlawfully selling and having in their possession for sale certain goods, to wit, quantities of cloth to which there were then applied certain false trade descriptions; both unlawfully applying to certain goods, to wit, handkerchiefs, certain false trade descriptions, and unlawfully selling and having in their possession for sale certain goods, to wit, handkerchiefs, to which there were then applied certain false trade descriptions.
Mr. Horridge, K. C., and Mr. Frank Safford prosecuted; Mr. Marshall Hall, K. C., and Mr. Bodkin defended.
FRANCIS DAVID DOTLE , Assistant to Lord Carrick, Inspector to the Board of Agriculture and Fisheries and Technical Instruction of Ireland. On November 25 of last year I went to 422, Strand, the premises of the Irish Linen Company. Before entering the shop I had noticed in the window on a bundle of handkerchiefs a ticket marked" Ladies' Pure Irish Linen Handkerchiefs," priced at 1s. 6d. the half-dozen. Inside the shop I asked an assistant if the handkerchiefs in the window marked "Ladies Pure Irish Linen" were Irish linen. He said they were. I asked him to let me see them. He turned round and took down a green cardboard box containing handkerchiefs from a shelf. I took a bundle of handkerchiefs out of the box and asked him were those Irish linen. He said yes, they were. I told him I would take half a dozen at 1s. 6d. He took the handkerchiefs out of the box and then got a book to make out the bill. I told him I wanted the handkerchiefs described on the bill as "Irish Linen," exactly what I had bought. He said, "Certainly. We sell nothing but Irish linen here." He wrote out the bill and
marked it "Irish Linen. When he had finished he handed me the bill now produced. It is headed "Shirt and Collar Factory, Londonderry. Handkerchief Factory, Belfast. Linen Spinning Factory, Belfast. Irish Linen Company, Manufacturers of Shirts, Collars, Cuffs, Fronts, Handkerchiefs, etc. Telephone, No. 5, 328, Holborn. Branch, 422, Strand, W. C." At the bottom there is, "Every article at wholesale price. Direct from maker to wearer. A saving of 50 per cent." He wrapped the handkerchiefs up and handed them to me and I paid for them immediately after I got the bill. The handkerchiefs produced are those he handed to me with the wrapper. I recognise them by the green tab upon one of them with the words, "16. U. Irish Manufacture." The handkerchiefs are marked with my initials. I marked them about 10 minutes after the purchase was made. When I got home I made my report to Lord Carrick. The articles were handed to him on December 5 following in the envelope produced. On November 27 I went with two colleagues, Mr. Whyte and Mr. O'Brien, to the same shop. O'Brien went in first and was attended to at the far end of the counter. I went to the near end next the door and a man who seemed to be the manager came to attend to me. I took a poplin tie off a board which was full of poplin ties and asked if it was Irish. He said they might be English, Scotch, Irish, or any country; he really did not know. I said I would take one for 6d. I then went over to the other counter where Mr. Whyte was being attended to and heard him ask the assistant for some "-Ladies' Irish Linen Handkerchiefs." The assistant got some handkerchiefs and brought them round to the counter. Whyte also bought a poplin tie. The assistant made out a bill like that which has been produced. Whyte said he wanted the bill marked "Irish Linen" and the assistant marked it in that way and then proceeded to make up the parcel. Mr. Whyte had a small parcel of his own which he asked the assistant to put in with the handkerchiefs. When the parcel was practically made up the manager came round from the other side. He snapped Whyte's parcels from the assistant and Mr. Whyte snapped the handkerchiefs. The manager went back two paces to the cash desk and looked at the duplicate book, and when he saw what was written on it he came back and said, "Oh, it is a mistake; it is a mistake. Give me those handkerchiefs back." Whyte refused to give him back the handkerchiefs, stating that the purchase was complete. Whyte then asked the manager to hand him back his parcel which he had asked to have included in the same parcel with the handkerchiefs. The manager said he would not. Whyte initialled the bill produced in my presence immediately after the purchase. We turned the first corner after leaving No. 422 and made notes on the purchases, O'Brien being present.
Cross-examined. I suppose it would be right to say that I have been acting as a sort of private detective in this matter, trying to get evidence. I have made many purchases at the shops of the Irish Linen Company. The purchases of handkerchiefs would not number more than 25 in November, December, and January. They were all
handed over to Lord Carrick. With regard to the purchases at 428., Strand., it was the same assistant who wrote the invoices on both occasions. I have noticed that they have not the stamp of the paying clerk. I suppose the whole object of my inquiries was if possible' Hocatch people who were selling as Irish things that were not Irish. I have taken samples of Irish goods at other shops besides drapers'. There was no cutting a handkerchief in half, leaving half of it with the manager and taking away the other half. The green tab produced was on the handkerchiefs when they were bought. I swear that the words "Irish Linen" were written on the invoices in my presence. Neither of the invoices gives the quantity purchased, only the amount of the purchase. Lord Carrick has all the invoices relating to the things I bought. When we went on November 27 there were two-assistants and the manager, Mr. Gent. I have never, having bought things and paid the money, deliberately gone out so as to prevent the bill going up to the cashier's desk. I have no idea whether, if the cashier were to see "Irish Linen" on the invoice, he would stop it. I do not know that it was contrary to the express orders of Mr. Gent for the assistants to write anything at all on the invoices except the things they sold. I remember Gent saying to me or Whyte that we were trying to trap an inexperienced assistant into writing something for our own purpose, or something to that effect. Whyte insisted on having the parcel back and said to Gent," Oh! no, you don't; I know a trick worth two of that." He called Gent's attention to the fact that he was retaining his parcel and said, "You have got my property and I will fetch a policeman." I do not know what was Whyte's object in handing his parcel to the assistant to be wrapped up with the handkerchiefs. I do not see where any trap comes in; he has never brought to my notice what his intention was—good, bad, or indifferent. There was a regular disturbance. It was on another day (January 29) that we went to Bow Street. Gent complained that We were disturbing his business by going in and out. There was no friction till Whyte asked Gent for his parcel and he would not give it up. We then sent for a policeman and he reluctantly gave it up. Although on November 27 we had a complete case against these people we went on purchasing of them up to the end of January. I know nothing about the service of the summons except that I had notice to appear at the police court. I handed the things over to Lord Carrick at High Lea, near Manchester, where he lived at that time. I do not remember that Whyte told prisoners at the police station they were "dirty Irish Jews." It was on January 29 when there was a disturbance at the Strand shop and we were all taken off to Bow Street police station, myself, O'Brien, Whyte, and Mr. Nagen. The two Plotzkers were' there. We refused to give our names and the-police officer insisted on our going to the station. I think prisoners made the disturbance themselves. The handkerchiefs bought on November 25 and November 27 were of identical material—what is called "Union."
Re-examined. The purchases I have made for the department include all sorts of things, butter, eggs, bacon—everything. Things
are always marked shortly after purchase for the purpose of identification. November 25 was the first time I made purchases at the Irish Linen Company's shops in London. I have bought things in Liverpool and Blackpool; we buy things all over the country. What I did was to mark the handkerchiefs on the wrapper. I folded them up and when I got home I opened them out and completed that report before I touched another case and put all the things relating to it in a separate envelope. Our instructions are when we have a report complete to hand it and everything connected with it to Lord Carrick personally. No charge was laid against us at the police station and Inspector Moir said there was no case against us.
ROBERT ALGERNON WHYTE, PATRICK O'BRIEN , And JAMES JOSEPH NAGEN, employed under Lord Carrick, gave corroborative evidence as to purchases from different establishments carried on by the defendants under the trading title of "The Irish Linen Company."
(Tuesday, December 14.)
Mr. Marshall Hall stated that since the previous day he had, with Mr. Bodkin, carefully considered the case and they had come to the conclusion that with regard to the counts dealing with the sale of cotton no defence could be offered, having regard to the case of Coppen v. Moore (1898, 2, Q. B., page 300), and they had therefore advised their clients that there was no defence to that portion of the indictment. A verdict of Guilty would therefore be enteredwith regard to those counts and a verdict of Not guilty on the counts relating to the alleged sale of "Union," as to which counsel would have been prepared to fight in a most strenuous way until the verdict of the Jury had been obtained one way or the other, which would have taken several days.
Prisoners accordingly with drew their pleas in regard to the counts relating to the sale of cotton and pleaded guilty.
Mr. Marshall Hall said it had been decided in Coppen v. Moore that in the case of a man having a number of shops where he gave explicit and express and written instructions to his assistants that they were not to sell American hams as Scotch hams and not to give any indication of the place of origin, when, in defiance of these express written instructions, an assistant sold as Scotch what was an American ham, the court held that an offence had been committed by the master. There were many who thought that that decision strained the law very much. Prisoners had a large business and only sold the products of Ireland and the amount they paid in a year to Ireland was very considerable. They also sold cotton as well as linen, but there was no attempt, and it was contrary to their express orders to sell as linen what was not linen. From the evidence in this case, which it was impossible to controvert, no doubt one of the assistants, possibly somewhat harried by the importunity of the buyer asking, Is this linen?" in defiance of the orders of the master, pointed according to the evidence with his pencil to the invoice and said, Is that billhead good enough for you?" That was no doubt a breach of the Act
and that being so there was no good purpose to be served in contesting he case for many days, largely adding to the costs of both sides and taking up a position which was false both in law and in fact. In dealing with a large number of employes and a large number of branches it was impossible to be physically in touch With each branch, but there was no wish on the part of prisoners that the employes should commit any breach of their express instructions. He would like to point out a passage in the depositions of Lord Carrick:" I have no knowledge of any complaint having been addressed to defendants about the quality of their goods before these proceedings. I look at the invoice; as regards the printed matter I cannot point out anything which I can definitely say is untrue/'
Mr. Horridge. Go on.
Mr. Marshall Hall. "There appears to be no shirt or collar manufactory at Londonderry and no handkerchief factory at Belfast." With regard to that, there was no concealment. Prisoners had an interest in and were very large customers of big Irish firms who manufacture these various goods; they employed a very large number of Irish people and paid very large sums weekly for wages. Prisoners would, of course, be pleased to make any alteration in the headings of their invoice of anything which was not absolutely and strictly in accordance with the facts.
The Common Serjeant bound prisoners over to come up for judgment next sessions and directed that in the meantime the costs should be taxed. If prisoners were then ready to pay the taxed costs the sentence might be nominal. The foreman of the Jury said the Jury thought the billheads should be altered as regards prisoners having the goods direct from their factory and the saving of 50 per cent.
The Common Serjeant thought it better not to suggest any alteration. It was clear that prisoners must so alter their practice as not to in anyway give a false impression. Whatever they put on their billheads they must substantially comply in the future with this Act of Parliament.
Mr. Horridge mentioned that in the case of another indictment dealing with Irish poplin Mr. Marshall Hall was prepared to give an undertaking that prisoners would not sell as Irish poplin anything which is not Irish poplin.
The Common Serjeant said the ordinary course would be pursued and any indictment not tried would remain on the files of the court and probably would not be heard of again unless there should be some reason for it.
BEFORE JUDGE RENTOUL.
(Monday, December 13.)
FRANC, Richard (40, merchant), and WOOLF, Max,(22, merchant.) ., both pleaded guilty of unlawfully inciting Victor Genitzek to obtain by false pretences from divers manufacturers large quantities of goods with intent to defraud, and unlawfully conspiring and agreeing together to incite the said Victor Genitzek to commit the said misdemeanour.
Mr. Muir prosecuted. Mr. Forrest Fulton appeared for Franc; Mr. Curtis Bennett appeared for Woolf.
Prisoners were stated to have been concerned in a number of long-firm frauds.
Sentence (both), 12 months' hard labour; Woolf recommended for expulsion under the Aliens Act.
MARTIN, Henry (50, bricklayer) , pleaded guilty of carnally knowing Elizabeth Hannah Keeble, a girl of the age of 15. Mr. H. F. Cornes prosecuted. Sentence, Nine months' imprisonment, second division.
BEFORE JUDGE RENTOUL. (Tuesday, December 14.)
Mr. C. E. M. Dillon prosecuted; Mr. St. John Macdonald defended.
ARTHUR LEVY , 10, Wood Street, E. G., soft goods agent. I have one room on the fourth floor. A Mr. Hale also has an office on the same floor. I have only one clerk. The signature on the cheque handed to me is not mine; it is nothing like it. I keep my cheque-book in a roll-top desk, which shuts automatically. It is always locked, but on one occasion, on December 2, I left it open for about half an hour, from 12.55 till about 1.30. I last saw my cheque-book on November 30. I looked for it again on December 2, at 1.30 p.m., and found it was gone. The bank had sent for me. I also missed a bundle of loose cheques. There were marks on the door of the lavatory close to the office, as if somebody had used a jemmy or screwdriver.
Cross-examined. I am a German. I have been in this country about seven years. On December 2 I went out about 12.55. My boy went out immediately before. I sent him out with goods. I closed the office, and put the key in my pocket. Sometimes I leave the key with Messrs. Carrow, who are on the third floor. I am sure I did not leave it with them on this occasion. I would not leave my desk open to tempt my boy. I keep cigarettes there, and, perhaps, 5s. worth of stamps. I would trust him with any amount of goods. He does not know anything about my private affairs or banking account, that I know of. He has never taken cheques for me to pay in or brought the pass-book. I do all that myself. Nobody would know what amount I had in the bank except the bank manager. The bank
are prosecuting for this forgery. There are two screws in the lavatory window which anybody could take out, and then lift the window, get out on the roof, and get into the window of my office. My window can be opened from the outside. Whoever got my cheque-book did not get in by the front door, because the lock was quite in order. There was only the mark of a screwdriver on the wood of the door close to the lock. My boy has been with me nearly two years. I have only had occasion to find fault with him for small things, like any other boy, nothing serious. He has always been a good boy. I do not know if I could open the window with this screwdriver. I have not tried. The cheque could not have been stolen before December 2, or I should have noticed it. I have talked my business affairs to customers. I might have made out a cheque when one of them was there. I do not suggest that prisoner ever came into the office and saw me writing a cheque. About 15 minutes after the cheque had been presented I heard the manager of the bank wanted to see me. When he showed me the cheque I said it was not my signature. He wanted to verify his opinion. I asked the manager if he did not keep the person who presented the cheque. He said, "We have only two or three clerks in the bank; we could not afford to leave the bank with only two people here," but they watched the person go in the door of 10, Wood Street, which is opposite the bank. I suspected it was my boy because the colour of the suit was the same as my boy's. The manager told me he had a bump on the forehead or on the face. I took my boy over to the manager, but, of course, he was nothing like the boy they had seen, and his writing was quite different.
FREDERICK CHARLES HALE , lace agent, 10, Wood Street. My office is on the same floor as Mr. Levy's. Prisoner has been in my employment since October 20. I have no other clerk. The document handed to me is a list of names copied out of a directory. Only prisoner could have written that. Prisoner is a good deal alone in the office. On December 2 I went out at 12.45 and returned about 4 p.m. I told prisoner to wait in as there was a parcel coming. Mr. Levy's office and mine are only a few yards apart.
Cross-examined. I cannot identify prisoner's writing on the cheque. I am not an expert.
JOHN WILLIAM VEAL , office boy to Mr. Levy. I have often spoken to prisoner. On the Thursday morning before December 2 prisoner came into Mr. Levy's office. He stood at the right hand side quite close to the desk. Part of the time I had my back to him. He had spoken about the desk before that. He touched the ledge of it and said it was locked. I told him I had tried to force it open, but could not. I wanted to get some letters out of the drawer to put in the file. I never had the key of the desk. I sometimes had the key of the office.
Cross-examined. The ledge of the desk is the thing you pull up the top of the desk by. I only knew prisoner by his being in Mr. Hale's. We have never been to lunch or come back from lunch together. I have spoken to him nearly every day. I told him Mr. Levy kept some cigarettes in the desk. I smoke three or four
Woodbines a day. I buy my own. I do not buy Mr. Levy's. He has never given me any cigarettes. He does not smoke. I cannot say if he writes cheques before customers. I go outside when customers come in. I do not think I have just stated that I told prisoner there were some good cigarettes in the desk. I may have told him Levy had cigarettes in there. On December 2 at five to one I took an order to a customer. From there I went to lunch. I got to the customer at 1.15. I looked at the clock in Wood Street. The roll top desk has a hole right through where the lock is. I only opened it once. Prisoner did not see me do that. It was a good while back. I was taken over to the bank. The bank clerk was asked if he recognised me. He said no. Then I had to write the name down what was on the cheque. The bank manager said the writing was not like the writing on the cheque. He described the boy who tried to pass the cheque. He said he had a bump over the eye and wore an overcoat and bowler. Mr. Levy asked me if I knew anything about this business. I told him no. He asked if any suspicious characters had been visiting the house: I said no. We have six or seven people call a day, boys. I have been in the room when Mr. Levy has Been writing out a cheque for customers. I do not know what kind of people they are; he sends the cheques by post. Prisoner has never made wrong suggestions to me. He is a well-behaved boy as far as I know. The lavatory is used by anyone in the building; Mr. Levy leaves the key with Mr. Carrow. There are three or four men in Mr. Carrow's. Mr. Levy goes out in the morning and has his lunch before he returns. I go to lunch at one o'clock and leave the key with Mr. Carrow. On December 2 Mr. Levy came back first. When I came back at quarter past two the door was locked. Mr. Levy had gone down to Mr. Carrow. As I came upstairs Mr. Levy came out as well. He had the key and opened the door. He asked me if I had been to the bank: I told him no. He asked me if I had seen the cheque book: I told him no, not on that day. * He asked me to go to the bank with him. Mr. Levy did not know who had stolen the cheque book till December 3, after prisoner had been home and come back the next day. He said he was glad it was not me.
PERCY PINK , cashier, Barclay's Bank, Wood Street. Prisoner brought this cheque into the bank at 1.15 on December 2. I am acquainted with Mr. Levy's handwriting. This is not his writing. I asked prisoner where he got it. He said, "Mr. Levy gave it to me." I noticed there was an alteration in the body of the cheque and it was not dated. I referred it to the manager, who suggested Mr. Levy should be brought over. I walked over to the window and saw prisoner enter 10, Wood Street. I did not see him come out again. I saw him next morning in Mr. Levy's office. I identified him after he had his hat and coat on. I identified him also by his pale complexion and rather compressed lips: his forehead seemed to me to be rather prominent. Levy's boy was there. I was not positive until he put on his coat and hat, although he looked very much like the boy.
Cross-examined. When prisoner cross-examined me at the Police Court I said when he came into the room, "I am absolutely certain it was you." I said in Mr. Levy's office I had a doubt before he had on his hat and overcoat. He looked very much younger without them. When I saw him at Levy's he had neither hat or coat, and he looked younger than when he presented the cheque.
HENRY ARTHUR BALL , clerk, Barclay's Bank. I saw prisoner present a cheque at the counter to Mr. Pink. Mr. Pink looked at the signature, queried it, and referred it to the manager. I afterwards saw prisoner at Mr. Levy's when I was taken over with last witness. I identified him before he put on the hat. I had no doubt whatever.
Cross-examined. I do not know why I was not called at the Police Court. I accompanied Mr. Levy over to his office with Mr. Pink to identify; they thought they had got the man. On the way Mr. Levy said, "Did you notice anything particular about him f" I said, "Yes, he had a bump on his forehead." He said, "Strangely enough this man has a bump." Mr. Pink said, "Yes, I remember a bump." I took good stock of prisoner while he was in the bank. I noticed he had also a black mark on the right jaw, the same side as he had the bump. It looked as if he had fallen coming downstairs. Decidedly he was in a hurry. Levy asked me if I was quite sure I could identify him. I said, "Yes, I remember he had a bump on his right forehead." Mr. Levy could not have mentioned this to me: he did not see the boy come to the bank. Mr. Pink said, "I do not think I. can say till he has got his coat and hat on because it makes a difference." The detective did not suggest the coat and hat. I took the youth who presented the cheque to be between 19 and 20. Mr. Pink thought he was about 25. I know prisoner's age now. I should say he was about 17 or 18. After prisoner presented the cheque I was watching out of the window. He ran across the road into 10, Wood Street. I watched for about 25 minutes. I did not see him come out again. I think only three people entered or left 10, Wood Street. When Mr. Pink took the cheque to the manager saying, "This does not look like Levy's signature," the manager said, "Why, there is no date on it, and there is an alteration in the body of the cheque." He went round the counter and said to prisoner, "Who gave you this cheque?" Prisoner said, "Mr. Levy." Prisoner said he would fetch Mr. Levy. Mr. Englefield said, "I think you had better." I have got no authority to nab any man who comes into the bank. I thought it funny that the manager should let him go away. I said afterwards, "Surely that man ought to have been detained and not allowed to go." I saw the detective take the chisel out of prisoner's overcoat pocket. I did not hear what he said about it. Mr. Englefield told Mr. Levy that the man who presented the cheque wore a brown suit. Mr. Levy then said it must be his own boy because he wore a brown suit. I did not know anything about prisoner's suit: I only saw the top of his coat because the counter is fairly high. He had an overcoat on. When Levy's boy came into his office I shook my head to Mr. Levy. That meant I did not recognise him. I did
not recognise the brown overcoat. I should call prisoner's overcoat late colour.
WILLIAM THOMAS ENGLEFIELD , manager, Wood Street Branch of Barclay's Bank. I know Mr. Levy's signature. I saw this cheque on December 2. It is not Mr. Levy's signature. Our junior cashier brought it to me. I went to prisoner and said, "I cannot pay this cheque. Who gave it to you." He said, "Mr. Levy." I said, "Are you in Mr. Levy's employ." He said he was. I said, "I would like to see Mr. Levy." He went across the road, presumably to fetch him. We watched him. He entered No. 10, nearly opposite. We did not see him come out again. About 1.30 I sent for Mr. Levy. I told him this cheque had been presented and he immediately repudiated it. I described the person who presented it and later on he brought over his boy. I said, "That is not the boy," and I think he took a specimen of his handwriting, which, of course, is nothing like this cheque. Mr. Levy came over next morning and I sent for the police. Inspector Newell came along. I next saw prisoner at Cloak Lane Police Station on the Friday. He was paraded with a row of similar-looking youths and I identified him. When he presented the cheque I particularly noticed his lips were very firmly set. I am quite positive he is the person who (brought the cheque. I have had 36 years of experience, paid many thousands of cheques, and that has given me a certain insight into handwriting. (Witness pointed out what he considered to be similarities between certain letters in the list which prisoner copied from the directory and certain letters in the cheque.)
Cross-examined. I am acting in this prosecution for the bank. I gave prisoner in charge. I think it is quite fair that I should come as an expert to give evidence as to the handwriting. When the cheque was submitted to me I thought it a clumsy forgery. There is a grille at the counter about 18 inches high; the bars are about two inches apart. I went round and stood alongside prisoner. He took it very coolly indeed. The reason I did not grab hold of him was that I was too shorthanded at that particular time. I do not know that it is my duty to do so. I am quite satisfied with the line I took. When Mr. Levy came over I described the height and the appearance of the person who presented the cheque. I cannot tell you what I told him. I had no idea I was coming to tell you these particulars. I have not made a mental note of them. I described the height and said he had got very firm lips. When he came to us he had a dark coat on and a bowler hat. His coat was about as dark as mine. I took him to be 19. Mr. Pink took him to be between 25 and 27. Mr. Levy said his desk had been tampered with. I thought it was a matter for the police. I gave Inspector Newell a description of the man as well as I was able. Mr. Levy was present and the inspector asked him several questions. The inspector went over to see Mr. Levy's premises and later in the day took me to Cloak Lane, where I picked out prisoner. Some of the lads had overcoats; some had not. I do not remember how many had. Prisoner had a grey overcoat. They were boys of 17, 18, and 19,
much about prisoner's class. Two or three police-officers took me into the room; I stood with them and picked prisoner out. I looked at his face, not at the coat. There was no other such face as his. His voice did not strike me as being extraordinary; I do not think I told Mr. Levy the man had a brown suit on. I think probably Mr. Levy has made a mistake.
Detective-inspector NEWELL, City Police. I was sent for in this matter on December 3 about 11 a.m. That day I accompanied Mr. Levy to his office, which is on the fourth floor. From what I ascertained there I sent for the accused. I said to him, "I am a policeofficer," and showed him the cheque. I said, "This is a forgery, and it was presented for payment at Messrs. Barclay's Bank in Wood Street yesterday." He said, "I know nothing about the cheque. I then requested Mr. Levy to step over to the bank and ask one of the cashiers to come over. In the meantime I asked prisoner to write "Alfred Holdern, £102," on a piece of paper (produced). Upon comparing this with the writing on the cheque I was of opinion they were written by the same person. Mr. Levy then arrived with Mr. Pink and Mr. Ball. I asked prisoner to put on his overcoat. He did so, and the cashiers then identified him as the person who presented the cheque. I then told him I should arrest him, and he would be charged with forging and uttering the cheque. He said, "I know nothing about the cheque." I then searched him, and in his overcoat pocket I found a portion of a screwdriver (produced). I then conveyed him to Cloak Lane Police Station. He was placed amongst eight other lads of similar age and appearance, and identified by Mr. Englefield. Ha was then charged. He made no reply. I subsequently compared a mark on Mr. Levy's door with this portion of the screwdriver. The screwdriver fitted into the mark exactly. I also examined a window of a lavatory on the same floor, and found two screws which has secured the window, and had been removed, and there were marks on the bottom of the window where it had apparently been forced. This screwdriver fitted those marks exactly. I then got through the lavatory window on to some leads, and three or four yards further along is the window of Mr. Levy's wareroom. There I found another mark which corresponded with this instrument.
Cross-examined. I questioned Levy's boy, I did not think it necessary to take any writing from him; I was satisfied. He answered my questions very straightforwardly. I did not take the other man's, writing. I have never seen it to my knowledge. I have simply had this man in mind, and gone for nobody else. I did not arrest him right off. In the first place I was making inquiries, and the Question was whether there was sufficient evidence at first to arrest him. This is the description that was given to me by Mr. Englefield (handed). I did not take a separate description from each of them. I read Mr. Englefield's description to Mr. Pink and Mr. Ball, and asked them whether they agreed with it. They said, "Yes." In my notebook there is "Percy Pink, cashier, 1.15 p.m., age 26, to 30l. you will see that is crossed out, and I have put down 19 to 20. I
think Mr. Englefield or one of them said he was 25 to 30. When I saw prisoner I only noticed the swelling beside his right eye. "Mark on right jaw bone" I think is "rather high cheekbones." "Eyes rather deep set, compressed lips, light grey overcoat, black hard felt hat, collar and tie, appearance of a porter, square shoulders, fairly well built" is not my description. He looks fairly well set up with his overcoat on. I should say he had the appearance of a porter the day I arrested him.
WM. JAMES WHITELAND (prisoner, on oath). On December 2 I was working for Mr. Hale. I am acquainted with Mr. Levy's boy. We talk about the latest topics, such as "Where did you go last night?" "How did you get on?" and all that. He has been to our room and I have been to his. Two days before this forgery I went into his office and he was meddling about with the desk. I said, "That is an American roll top desk: my governor wants one, he has been looking for a second-hand one." He started talking about the automatic movement. I did not want to know anything about it. I have worked in places where they make them and know every movement. He was pulling up the desk and said, "I would like to open this." I said, "Why?" He said, "There are some fine cigarettes in there." I said, "How do you know?" He said, "I have had some of them; there is another way of getting open this desk besides the lock." As to me moving the ledge of the desk, it was him trying to do it all the time. While he was packing I was beside him, not behind him. He was paying as much attention to me as I was to him. On December 2 Mr. Hale gave me instructions to remain in as there was a parcel to come. I went to lunch at 12 and came back at 12.30. Mr. Hale went away at 12.45. The parcel came between 1.5 and 1.10. I took it in. I was sitting down writing these names from the directory and heard somebody outside, rather a heavy step. I looked at my watch, it was five past one. I thought, "That is not Levy's boy back already." I went to the door and there was the parcel boy. I took it from him. He was about my own age. Mr. Hale returned between four and five; he asked when the parcel came. I said between one and two. After looking at the goods he sent me out with them to a customer. The same night when I got home I broke up a box for my mother. I used this screwdriver as a chisel. I slipped the screwdriver in my pocket and took the wood to my mother. I was in a hurry to get to work in the morning and thought no more about it. I told the officer at once how the chisel got in my pocket. I have never been to Barclay's bank in my life. I never went out that day till after Mr. Hale came back and sent me with this parcel. I was called into Mr. Levy's room. Detective Newell said to me, "There has been a forgery on the bank across the road. Have you been any suspicious persons loitering about?" I said no. He said, "You Are the very boy: you have a bump on your right eye, pale com-plexion."
He read it out of the book. I said, "lam dark." He said, "I said pale complexion." He asked Mr. Levy to go across the road to fetch the cashiers. He had asked Veal to write down "Alfred Holdern" on this slip of paper. Afterwards he asked me to write it down and I wrote it underneath. It seems, when this piece of paper was produced at the Mansion House, what the boy Veal wrote had been cut off. You can see where the scissors have cut it off. Both cashiers came over. Mr. Pink said, "No, certainly that is not the boy: I should not say so." After some discussion the detective went outside the office with the two cashiers, and then he said to me, "You might put on your coat and hat." I said "Yes." When I got them on both cashiers said at once, "Yes, that is him." The note he took says, "Light grey overcoat." Mine is by no means light: it is slate colour. Then I was taken to Cloak Lane Police Station. The cashiers were allowed to go to the bank, so they could have seen the bank manager and told him how I was. I was put with some youths; some had overcoats and some had not; some light, some dark; but not one of them anything like mine. I asked the detective could I take it off so as to give me a fair chance. He said, "No, we don't do business like that here." When the bank manager came he touched me on the shoulder; of course, I. was charged and that was an end of it. On November 30 I had a watch on my finger and used caustic on it. A Mr. Mentmore was present when I was burning my finger. He is here. I could not write for a day of two. On this day it was still paining, but I managed write out this list of names. The bump on my eye is a birth-mark. I had no mark on my jaw. Mr. Hale can tell you that.
Mr. Hale said he did not notice anything on prisoner's face.
Cross-examined. I broke up the box for my mother on Thursday night after I got home. I did not have the turnscrew at the office on Thursday. I had it on Friday in the inside breast pocket of my overcoat. I had forgotten I had left it there. I had a book in the same pocket, and I attributed the weight to that. I have never been in Barclay's 'bank. I was in the office the whole time on Thursday. The gentlemen from the bank are entirely mistaken as to seeing me.
MRS. WHITELAND, 6, Tilia Bead, Clapton. Prisoner is my son. On November 30 he came home with a hurt finger; it was burnt with caustic or something. Mr. Hale sent him home. He broke up a box for me with this tool. It was in the house all day on the. Thursday. I was using it myself that day for cleaning my sewing-machine. I know my son's writing. The writing on this cheque is not his. He had his overcoat on when he broke up the box.
Cross-examined. I was using the screwdriver at two o'clock on Thursday. Exhibit 3 looks more like my son's writing than the cheque.
Verdict, Not guilty.
BEFORE JUDGE RENTOUL.
(Wednesday, December 8.)
Sentence, 18 months' hard labour.
MACK, Henry (22, bricklayer), BURGESS, John (23, painter), HARRIS, Frederick (21, painter), BOSTOCK, Maria (24, factory hand), and DEVINE, Lydia (21, charwoman) , all feloniously possessing three moulds for coining; all possessing counterfeit coin.
Mr. Beaumont Morice prosecuted; Mr. Curtis Bennett and Mr. Lawrie defended Mack.
Devine pleaded guilty
Detective-sergeant DAVID GOODWILLIE, Criminal Investigation Department, Scotland Yard. On November 20, 1909, at 8 a.m., I with Detectives Westley and Pearce entered No. 30, Cooper's Lane, Ley ton. I knocked at the door, which was opened by Harris. He was in his shirt and immediately ran upstairs—it was a cold morning. In the back kitchen in the oven I found three plaster moulds for florins; in a drawer 40 bad florins; inside the fender was a large quantity of moulds broken into small pieces, the impression of which is not decipherable; in the cupboard were parts of an electric battery; on the stove was a ladle pot containing metal which had been molten, but was cool; on the table in a piece of paper was a quantity of grain tin and antimony, five flies, pocket knife and table knife bearing marks of plaster, two tablespoons, one tin containing grease; a quantity of plumbago in a bag, piece of glass marked with plaster used for making moulds, tin basin, cup and saucer containing traces of plaster, tin of wax, tin of blacking, a piece of bath brick, and a piece of copper wire. In the front room we found Devine in bed asleep. I then went to the back room on the landing, where I found Burgess asleep. I awoke him and told him I was a police-officer, and said, "I shall arrest you for making counterfeit coin." He replied, "What Have you arrested Mrs. Devine She knows more about it than any of us. You will find her in the front room downstairs. Let me go downstairs beside her, as I want a cup of tea." He was allowed to go down with Detective Pearce. I then went into the top floor back room, where I found Harris dressing, his wife being in bed. I said, "Implements for the manufacture of counterfeit coin have been found here and I will arrest you both for being concerned in their possession." He said, addressing his wife, "Never mind what I know—you know nothing." Then, addressing me, he said, "We and the people in the front room upstairs have the run of the house. We are all in it, and Mrs. Devine has been at it all her life. We all came here together about a week ago, but my wife has nothing to do with
it; she gets an honest living." Police-constable Westley and I then went into the front room on the top floor, where we saw Bostock in bed. I said to her, "I am a police-officer. You must get up and dress, as I am going to arrest you for being concerned in making counterfeit coin here." She said, "Where is Mrs. Devine? It is her house, not mine. I do not see why you should arrest me for it. We have all lived in the house together." I then asked where her husband was and she made a statement. I got the five prisoners in the back kitchen and about 9.30 a.m. a knock came at the door, which I? answered, and saw the prisoner Mack. When he saw me he turned as if to go. I took hold of him by the collar, pulled him in, and shut the door. He said,." I know nothing about it." No conversation had then occurred—he appeared startled. I brought him into the back kitchen where the other prisoners were and said, "Certain coining implements have been found in this house and I shall arrest you for being concerned in their possession." He said, "Can I have bail?" I replied, "Not at present." He said, pointing to Devine, "She can tell you I am only a lodger here and I can give you addresses where I have been morning looking for work." I sent for assistance and they were taken to the station. Just as we arrived there Mack said, "I was just telling my wife that I intended going for a swim this morning, and had I the least idea that any of you people were about you would never have seen me." They were charged and made no reply. They were searched—on Burgess was found a paper stating how to treat certain alloys; on Harris a similar memorandum how to treat tin and other metals to produce a condition similar, to silver. Harris said, "I copied that from a book on metals."
Cross-examined By Mr. Curtis Bennett. The metal in the ladle had been molten, but was practically cold—it was standing back from the fire, not quite cold. The moulds would take about four or five hours to arrive at this condition with a fire. I searched the room in which Bostock, was, and found nothing whatever connected with this case. I had learnt that Mack had been living with her for about three weeks. I found nothing on Mack. I have learnt he has not been seen with the other prisoners before going to live with Bostock. In making a raid we arrest everyone in the house or not, at our discretion. When I opened the door there were three officers in the house—not in uniform. I did not. tell Mack why I was there, or that we were police officers until we got into the kitchen. I am certain Mack said, "I know nothing about it "; that was not in answer' to me. Mack had been out before 8 a.m. Before we took prisoners to the station there were nine or ten officers at the house. Before we left Mack asked to go to the lavatory. I could not say exactly when. I afterwards had a look there, but found nothing.
Detective JOHN LEE, N Division. I kept observation on 70, Beaconsfield Road, Walthamstow, from October 15 to November 8. It is a six-roomed house, and was occupied by Devine, Bostock, Harris, end Burgess; Mack was living in the top first floor front room; he went there on October 27. I saw through the broken glass panel in
the street door through to the scullery, and saw two or three people at different times in there. I could not say who they were. On November 7 I was with Inspector Hay and other officers when we searched the house. In the ground floor front room we saw Burgess, Devine, and another woman; in the back room upstairs was Harris; in the front bedroom was Mack, Bostock, and another female. The table in the kitchen was marked with rings, as if something hot had been thrown there and burnt it. In the oven were portions of plaster and square marks, such as might be caused by a mould standing to bake. On November 8, at 11.30 p.m., I saw the three male prisoners load a van with furniture from 70, Beaconsfield Road; I followed them to 30, Cooper's Lane. The two women followed with them. Burgess, Harris, and Devine went through Bowden Road, Mack and Bostock came by Palmer's Road. I saw the goods unloaded, but was too far off to say who unloaded them. Devine, Mrs. Harris, and another female were there. I next saw the prisoners on November 20, when the raid had been made there. I made inquiries about Mack—he bears a good character.
Cross-examined by Mr. Curtis Bennett. I have known Mack for ten years, and have known nothing against him. I heard he had had some trouble with his wife and had left her. On October 271 saw him entering the house, 70, Beaconsfield Road, with Bostock for the first time. When I entered there at 10 a.m. on November 7 he was in the room occupied by Bostock; she was there with another woman; it was a bed-sitting room. I found nothing in that room connected with, counterfeit coin. When they moved the furniture Mack and Bostock separated from the others in Lea Bridge Road, and went to the house by another way. There has been no charge against Bostock before; I have heard that she had some furniture of her own.
JAMES JOLIFFE , general dealer, Leyton. On November 4 Devine, in the name of Mrs. Rose, saw me about taking No. 30, Cooper's Lane, and gave me as a reference the name of Mrs. Devine, 20, Fins-bury Road, Walthamstow. I let her the house at 8s. a week; I heard they went in on November 8, and saw they were in on Friday, Novem. 10 The following Tuesday I received a week's rent. The police have been in possession since. I have seen all the prisoners going in and out of the house, On one occasion I saw Mack carrying a brown paper parcel.
Police-constable CHARLES PETERSON. On November 20 I, with other officers, went to 30, Cooper's Lane, Leyton, and was with Good-willie when Mack was brought into the kitchen. On entering the house Mack said, "I know nothing about it." Nothing had been then said. I was standing in the passage. Mack was brought into the kitchen, and said, "Can I have bail"; then pointing to Devine he said, 1' She can tell you I am only a lodger here, and I can give you addresses where I have been this morning looking for work." He was in the kitchen for several minutes, and then asked me if he could go to the lavatory. I followed him towards the lavatory, which he entered and pulled the door to. He came out so quickly that my suspicions
were aroused as to why lie had gone there. I took him back to the kitchen, came back and searched in the lavatory, but could find nothing. I then returned to the kitchen, when Mack said, "You cannot make moulds like this any more (pointing to the three on the table); they are very well made. Had I known you were here you would not have got me back." I was present on Monday when Mack was in the corridor of the Police Court, waiting to go before the Bench. Addressing Burgess and Harris he. said, It is a damned good job they did not catch us making them last night." There is only one lavatory at 30, Cooper's Lane; it is on the ground floor.
Cross-examined by Mr. Curtis Bennett. I made my notes as soon after as possible—not at the house. Part of them were made on the Monday. I made no note about the lavatory or that my suspicions were aroused. To-day is the first time I have said that his coming out quickly aroused my suspicions. This is the first raid of the kind I have ever been in—I have not had much experience of that before. I searched Mack and found only good money upon him; nothing suspicious was found upon Mack or Bostock or in the room they occupied.
Detective ALFRED PEARCE, New Scotland Yard. On November 19, 1909, at 6 p.m., I was in Cooper's Lane when Bostock met Mack, and they went together to No. 30, knocked twice and were admitted. Bostock carried a black bag (produced) which at the time contained something, and which I afterwards saw in the scullery empty.
Detective CHARLES WESTLEY, New Scotland Yard. On November 20 I went with other officers to 30, Cooper's Lane, and examined the lavatory on the ground floor with Detective Pearce. On Tuesday, November 23 I went again and searched the lavatory without finding anything. I then put my hand down the pan, and on the left side, at the extreme end of the pan, just before it enters the pipe, I found counterfeit florin (produced). Mack was searched after he came out of the lavatory on November 20.
Cross-examined by Mr. Lawrie. The mark on plan produced was where I found the coin—it was at the end of the pan. I did not search the pan on November 20.
WILLIAM JOHN WEBSTER , Inspector of Coins, H. M. Mint. Three single moulds for florins produced are dated "1907." Forty counterfeit florins are unfinished; seventeen are from one of the moulds and 23 from another. The single florin is from the same mould as the' seventeen. The moulds are fairly well made. Saucepan contains molten metal for coining. There are a dry battery and a large number of fragments of moulds, on one of which I trace part of the impress of a shilling. There is grain tin, antimony, five files with marks of metal, clamps for holding the mould while the metal is poured in—one of which has been used as a mould frame and also as a clamp; the plumbago, lampblack, grease, plate of glass, and copper wire all form part of the stock-in-trade of a coiner. There is little
difference between the coin found in the lavatory and the seventeen which are similar to it; they are all unfinished and could not be passed in that condition. They would have to be plated and finished off.
Cross-examined by Burgess. The piece of paper contains a recipe for making silver solution—plating solution; the other paper refers to various weights and measures. The silver solution might be used for photography. (To Harris.) The other paper refers to weights and measures and chemical gases; I do not see anything here referring to plating. One part of it refers to copper alloys; part of it is illegible, the other is printed—it is a piece cut out of a book on weights and measures.
HENRY MACK (prisoner, on oath). I am 28 years of age and am tenant of No. 5, Goring Street, where I have lived with my wife for six years. I am a lifelong total abstainer and do not know the taste of drink. On certain occasions I and my wife have separated through her drinking. On October 27 or 28, 1909, such a separation took place. I met Bostock at a coffee stall, where I was asking a friend about some lodgings, and I went home with her. That was about three and a half weeks before I was arrested. I lived with her at 70, Beaconsfield Road; the landlady said she had taken another house and we moved with her to 30, Cooper's Lane. I remember the detectives coming to Beaconsfield Road. On that occasion they left without making any charge. I removed with the Others to Cooper's Lane—Bostock and I went together and lived in the first floor front room. There is only one lavatory in the house, to get to which you have to pass through the kitchen and scullery. I have never been through the kitchen except for that purpose, and have only done that about four times. On November 20 I went out about 7 a.m. for a walk and to go to the baths, and returned at 9.30 a.m. I knocked two knocks, as I usually did, having no key, and the detective opened the door. He said, "Good morning." I said, "Good morning, sir." I did not know who he was. As soon as I walked into the passage he shut the door and took me into the kitchen, where I saw all these things on the table. He said, "I will charge you with being concerned in these implements." I looked at them: I did not know anything about them. I said, "This woman here can prove that I am a lodger "—that is Mrs. Devine. Goodwillie handed me over to another detective and said, "Search this man," and he searched me. Nothing except my own money was found upon me. After that I asked to go to the lavatory. I did not shut the door—the officer would not let me shut the door; he said I might get away, which would be detrimental to his job, or something to that effect. I was there three or four minutes and flushed the pan just before I came out. I threw no coin away there. I then came back into the kitchen and was taken to the police station. I had never seen the male prisoners in my life before November 20. I was apprenticed to my trade when I was fifteen, have been in regular employment, and have never been in trouble or had any suggestion made against my character before.
Cross-examined. I went to Beaconsfield Road a week previous to moving—about three and a hall weeks before I was charged—about the end of October. I had no landlady. I used to give Bostock a few shillings of a morning. She took me home there—I never paid any rent. The other four persons and another woman were there when I left Beaconsfield Road. I did not say that I never saw them until the arrest. When I went home with Bostock I saw these prisoners the next morning. I saw them occasionally afterwards that he could offer them very cheap, as they were oddments—and would sell them at 35s. 11d. a dozen. I said, "They are cheap, and I will have them." We have sold them all except the one (produced) which is marked with a manufacturer's price, "8s. 11d." We sold them at 6s. 11d. each—they were unusually profitable.
Cross-examined. We always term a lot like this a job lot. Prisoner did not show them as samples for me to place an order for a quantity. I did not want them at all—we had no account with the prisoner.
RAY HARRIS , wife of Mark Harris, Farley Road, Stoke Newington. I am employed as blouse maker by "F. Partington." On October 20 I bought four yards of lace Allover from prisoner. I received invoice (produced) in the name of A. Francis—my aunt fetched it. On October 21 I bought 10 1/2 yards of Allover, also fetched by my aunt, and for which I received invoice (produced) in the name of A. Francis. On November 2 I bought of prisoner 4 yards of black net—5s. 3d. invoiced to me by "A. Francis." The materials now shown me are what I bought.
RAY WATSON , aunt of the last witness. On October 20 and October 21 I asked prisoner if he would let my noece have some materials, and brought some back with me. I noticed the invoices were in the name of Francis. Prisoner made the remark "This invoice will do for this business."
Cross-examined. It was quite understood that Mrs. Harris would pay for the goods in a few days.
SAMUEL JOSEPH HURST , clerk and uncle to A. C. Hurst, 10, Fore Street. I also acted as clerk to Markham and Hurst, who carry on business as Frank Partington; it was my duty to post from the day book kept by the prisoner. There are no entries of the sale of lace jabots to Knigt, of Redhill, of blouses to Hetherington, Brighton, or of Allover, or black net, to Mrs. Harris. It was prisoner's duty to hand over to me all cash that he received. He handed me nothing as being received from Knight, of Redhill. He did not generally have cash, as most of the payments were made by cheques, which were sent on to me at Fore Street—there were very few cash transactions.
Detective-Inspector ERNEST THOMPSON, City Police. On November ber 5, at 5.15 p.m., I was at 25, Aldersgate Street, when prisoner was given into my custody by A.C. Hurst, who charged him with stealing two boxes of lace jabots on October 29, the property of his employers. He said to Mr. Hurst, "You do not mean to have me arrested, do you? Cannot matters be arranged in some other way?" I took him to the station and formally charged him; he made no reply. He remained in custody till the following morning, when he went before the Alderman, and was bailed. I did not hear the whole of the conversation between Mr. Hurst and the prisoner.
Cross-examined. I was by the doorway and heard Hurst questioning prisoner. Hurst said, "You have been selling our goods.
nothing about the articles found. I was simply there as a lodger—in a room of my own.
Cross-examined. There were about seven living at Beaconsfield Road, including all the prisoners. I was there about six weeks prior to leaving on November 8. I have not done any work for six months. The police searched Beaconsfield Road on Sunday morning the day before we cleared out. We had been under notice and we left at 11.30 p.m. I had a bit of furniture and I helped to move Bostock's furniture—we all had a bit of furniture. We left at half-past eleven at night—we were "shooting the moon"—we went to Cooper's Lane. I had a room of my own there, where I was asleep when the detectives came. I did not say "Have you arrested Mrs. Devine? she knows more about it than any of us." The detective came into the room, told me about this stuff being found in the house, and said, "If you don't tell me who is the maker I will charge you and you will get about six years." I said I knew nothing about it. I lived in the back room on the landing from the first floor. I had been there 12 days and had done no work. I would go out to see if I could find a job, and when I found nothing I would come back to the house. I believe Mack was doing work. I have been in the kitchen; I never noticed any coining implements about. I used to go out and look for a job and have a bit of grub with my own people; my mother lives in St. Luke's. I had some food from Devine. I was going to pay her as soon as I started work.
FREDERICK HARRIS (prisoner, not on oath). I went to live at this house with my wife about a month before the place was raided. I got my living going hawking, and my wife has been doing that also. I knew nothing about what was going on downstairs. I have gone into the kitchen and the scullery to get to the lavatory and have spoken to the people of the house. I have been out in the daytime selling fruit; my wife has been out also. I have never seen anything wrong in the kitchen. I am innocent of the charge brought against me.
At the suggestion of the Judge, Mr. Beaumont Morice said he did not press the charge against Bostock, and the Jury returned a verdict of Not guilty against her.
ROBERT HENRY BARBER , 39, Rainham Road, Upper Edmonton, builder and sanitary engineer; ISAAC LIPMAN, 112, Oldcastle Street, builder; THOMAS CHARLES GREAVES, stallkeeper, Stratford Broadway; WALTER CLARE, Fishmonger, High Street, Waltham; and CORNELIUS DONOVAN, Tottenham, master stonemason, stated that they had known, employed, and trusted Mack during periods of five to 20 years and gave him the highest character for honesty, industry, and sobriety.
(Thursday, December 9.)
Verdict, Mack, Not guilty; Burgess and Harris, Guilty. Previous convictions were proved against Burgess and Harris.
Sentences: Devine, six months' hard labour; Burgess and Harris, each, 18 months' hard labour.
BEFORE THE RECORDER.
(Thursday, December 9.)
WENSLEY, Robert George (25, pianoforte-maker) ; feloniously causing grievous bodily harm to William Darke, with intent to do him grievous bodily harm; feloniously causing certain grievous bodily harm to William Darke with intent to resist his lawful apprehension.
Mr. Graham-Campbell prosecuted; Mr. H. Maxwell Thin defended.
Police-constable WILLIAM DARKE, 375 J. On Saturday, November 13, at a little after 11 p.m., I was on duty outside the "William IV." public-house, High Road, Ley ton, when I saw the prisoner and man named Saunders pushing one another about on the footway. There was a crowd of 30 or 40 people. Saunders was the worse for drink; prisoner was not. I advised them to go home quietly. Saunders said, M If you touch me I will do for you." He was then dragged away by his wife and another woman. Prisoner followed them until they got to the Barclay Mission Home, when prisoner and Saunders began fighting again. I was following about 10 yards behind. Prisoner turned and said to me, "If you touch my mate I will have your life" (using a foul expression). He was sober. I told him to shut his mouth and go home. He put himself in a fighting attitude and said, "Pinch me, if you can." I then arrested him. He began struggling and kicking. I closed with him; we both fell to the ground, I on top. Prisoner was kicking me all the while in my back and ribs. Police-constable Message arrived and I tried to rise off the prisoner when he deliberately kicked me in the testicles, saying "Take that." I became insensible and was taken into the Mission Hall, afterwards on an ambulance to the station, where Dr. Jekyll saw me and I was then removed to my home. The doctor saw me again, and at 2.30 a.m. put me on the sick list and I have not been on duty since. I suffered great pain and still feel pain when I stand about. I was in bed five days.
Cross-examined. It was Saturday night. There was a crowd of about 30 or 40 people at first, which increased to about 400 before the prisoner was got to the station—there was 300 or 400 there before I was kicked. I held the prisoner 10 minutes before I was kicked, struggling with prisoner. The prisoner kicked me when I was getting off him, assistance having arrived—he slung his right leg up, kicked me, and said, "Take that," and I dropped. I do not recollect anything more. I am certain his foot struck me. I was not excited—I kept my temper. The crowd were around me, but they were not attacking me. Prisoner was lying on his back.
Re-examined. I have no doubt prisoner is the man who kicked me. I never let go of him from the time I arrested him. (To Mr. Thin.) Prisoner was no lying on the ground almost insensible.
Police-constable THOMAS MESSAGE, 383 J. in November 13, at 11.15 p.m., I was in the High Road, Leyton, when I saw the last witness struggling with the prisoner, both on the ground. I caught hold of the prisoner's right arm—he was kicking in all directions with both feet. Police-constable Darke was on the top of prisoner. I saw prisoner's foot go against prosecutor's back and legs three. or four times. Prosecutor tried to get up off the ground when the prisoner deliberately kick him in the testicles with his right foot, saying, "Take that." The prosecutor was rendered unconscious. Assistance arrived and we took prisoner to the station and charged him with behaving in a disorderly manner. When the charge was read over he said, "This is all for nothing." He was afterwards charged with causing grievous bodily harm.
Cross-examined. When I came up prisoner and prosecutor were both on the ground, prisoner on his back and the prosecutor on the top, prisoner kicking violently; he kicked the prosecutor several times before prosecutor fell. I am positive he kicked him in the testicles with his boot. It is a rough neighbourhood. I have never been kicked there. I was not kicked by the prisoner. There was an excited crowd of some two or three hundred people. Prisoner kicked straight up—his knee must have been bent—I swear it was the prisoner who kicked prosecutor.
ERNEST CRESSER , 26, Windsor Road, Leyton, professional football player. On November 13, about 11 p.m., I was outside the "William IV."public-house when I saw two or three men and women pushing one another about. Prosecutor told them to move on, when one of the men who was drunk turned round to the officer; some women pulled the man away. He returned to the constable, and the women pulled him away again. The prosecutor followed them down the road, when the prisoner turned and began arguing with the prosecutor, who arrested him. They struggled and fell on the ground. Another policeman arrived and said to the prisoner, "Shall I fetch the ambulance or will you walk?" Another officer who was on a bicycle 'went away for the ambulance. The prisoner got up, struggled again with prosecutor and both fell, the prisoner on his back and prosecutor on top of him. As prosecutor was regaining his feet prisoner shoved both his feet out at him and caught him in the testicles. The prosecutor was knocked out of time, fell on the ground and became insensible; he started groaning. I and another man picked him up. Other officers took prisoner to the station. I do not know whether you could call it a deliberate kick. I have no doubt it was the prisoner who kicked. The missionary, Mr. Young, came out, and we got prosecutor into the mission room. He appeared to be in great pain and unable to walk.
Cross-examined. I am pretty well known in Leyton and know some of the police. have seen prosecutor before. I was going home when prosecutor spoke to me, and I said, "How do you do?" He then spoke to the prisoner and told the people to move on—there were about 20 or 30 there; the crowd rapidly increased, perhaps to 150. P. C. Adams asked prisoner if he would walk or would
he have the ambulance. When they fell down the second time I was in front of the crowd, and as prosecutor was regaining his feet I saw prisoner shove out both his feet; prosecutor fell, and I and another man caught hold of him and took him across the road. I saw him kicked.
LEWIS JEKYLL , registered medical practitioner, Police Divisional Surgeon at I. Leytonstone. On Sunday, November 14, at 3 a.m., I saw prosecutor in bed. He was suffering from a good deal of shock. There was a great deal of swelling, especially in the left testicle, the other testicle being swollen a little; there was some swelling in the inner side of the right thigh. He "complained of very great pain at the bottom of his back, the inner side of his thigh and the testicles. I put him on the sick list; and he is still on the sick list. I hope he will be able to return to duty in a fortnight. The condition I found him in was consistent with the testicle having been severely squeezed or kicked—it was consistent with a man on the ground kicking him with his foot. It is possible that when he goes on duty he may have to go off again, but I do not anticipate that. He must have suffered great pain and would still suffer pain when standing about.
Cross-examined. There were no bruises at the time of my examination on November 14—the bruises would not show immediately. The blow came direct; the testicle was squeezed against the bone at the bottom of the pelvis.
Prisoner's statement before the Magistrate. "I and Mr. Saunders went into the William IV.,' where we had half a. pint each. We came out and I said Good night. I met a friend, and was having a conversation with him when to my surprise I saw Mr. Saunders having an argument with a police-constable. Then I saw somebody come and pull Saunders away. The crowd gathered round; they were pulling Saunders away. I went across the road. I said, 'Ted, why don't you go home Then I felt a thump on the side of the ear, fell down and knocked my head on the pavement. I do not remember anything until I came to. Then I heard someone say, 'The ambulance will be here soon. I said, 'I do not want any ambulance. '"
ROBERT GEORGE WENSLEY (prisoner, on oath). I am a pianoforte maker and have been in regular employment for two years at Hickey's. Before that I was six years at Messrs. Brocks, London Fields. I am married and have two children. On November 13 I was in the "William IV."beerhouse from 10.50 to 10.55 p.m. with Saunders, my brother-in-law. We had a half-pint of beer each. We came out, shook hands and said "Good night" I then met a friend named Alfred Bradford, and was talking to him when I heard a noise, turned round, and to my surprise I saw Saunders arguing with a police-constable. Someone came up and pulled him away;
a crowd gathered up, and they began pulling Saunders towards the Beaumont Road. I followed on the other side of the road, and when I got near Beaumont Road I crossed over and said to Saunders, "Now, Ted, why don't you go home." He seemed to have had a lot of drink. Then I felt a blow on my head. I fell down; I do not remember anything more until I came to and found the prosecutor holding me on the ground. I was taken to the station and charged with causing grievous bodily harm. I did not kick the constable. I do not remember seeing the constable. I do not know anything about struggling with him.
Cross-examined. Saunders was the worse for drink; I did not hear prosecutor tell him to go away and not make a disturbance. I did not see him square up to the prosecutor or two women pull him away. I will swear I did not say, "If you touch my mate I will have your life "—I did not say anything to the prosecutor at all. I did not say "Pinch me, if you can." I did not kick him, and the man that did such a thing should have all that the law will give him.
WM. RALPH , High Road, Leyton, tobacconist and confectioner. Prisoner is a stranger to me. On November 13, at 11 p.m., I was near the mission hall about 300 or 400 yards from the "William IV." at the door of my shop, which was open. The mission grounds extend along the road about 150 yards. I saw prisoner lying in the road with a crowd around and prosecutor and another police-constable standing by him. The crowd were very hostile to the police. The officers were trying to get prisoner to the station, and they got him about 50 yards further on when the prosecutor was kicked—I did not see him kicked. I do not know who kicked him. I saw him taken into the mission hall insensible. I saw him standing over the prisoner, who was lying on his back on the ground quite quietly. I heard the policeman groan as he left the prisoner. I did not see the officer kicked and I do not know how he was kicked. Prisoner was lying helpless on the ground. When I saw the constable was kicked I tried to give him some assistance. I did not hear the prisoner refuse to have the ambulance and then go off to the station. I was not called before the Magistrate. Prisoner came into my shop and asked me if I saw anything of it, and I told him what I had seen.
That is all I know about it.
Verdict, Not guilty of causing grievous bodily harm with intent ; Guilty of causing grievous bodily harm with intent to resist lawful apprehension.
The police gave prisoner a good character.
Sentence, Six months' hard labour.
BEFORE JUDGE RENTOUL.
(Saturday, December 11.)
Mr. Beaumont Morice prosecuted; Mr. May defended Andrews. ALICE BEATRICE NEWMAN, Grove Crescent, Stratford. On November 24, at 1.30 p.m., Andrews came into my shop. He asked for a pennyworth of shag. I told him I had not the kind he wanted. He said he would take Woodbines. He put a 2s. piece upon the counter. I asked him if he had no less. He said, "No." I then went into the garden with the florin, and showed it to Mr. Beauchamp. He took a penny out of his pocket and scraped the edge of the florin. That made the edge bright. This is the coin that was tendered to me. I returned to the shop and. asked prisoner again if he had no less. He said, "No; I have a shilling." At that moment Charles Hoffmann was there; he volunteered to get me the change. When he brought me the change I said to prisoner, "I'm not certain whether that florin was a good one or not." He said, "Well, if you do not think so, you can go and ask Grainer, the workman; he has just given it to me." I then gave him 1s. 11d. change. After he had left my shop, I watched him for about ten minutes. He went up the street by himself, then he met another man, and they went away together. Mr. Beauchamp afterwards came to me and said something about the florin.
Cross-examined. All that passed until I came back from the garden was he gave me a florin, and I said I had no change for it. When I came from the garden I asked if he had not a penny. Mr. Beauchamp was working in the garden. I went to ask him for change. I left Andrews alone in the shop. Mr. Beauchamp said it was not a good coin. He lives next door but one. I did not tell Andrews "This is a bad coin." He did not offer me a shilling. Hoffmann would have heard me ask the man if he had a penny. Prisoner did not know the florin was said to be bad by Mr. Beauchamp. I did not know at the time where Hoffmann was going to get the change. I know now that Mrs. Beauchamp changed it. When I gave him the 1s. 11d. I said, "I'm not sure whether this is a good florin or not. He did not say" I have just had it given to me; take it to Mr. Slade, the master grainer"; he said, "Grainer, the workman."
CHARLES HOFFMANN , 12, Grove Crescent, Stratford. I was in Mrs. Newman's shop at 1.15 p.m. on November 24. I saw prisoner standing against the counter smoking. I heard Mrs. Newman say to him, "Have not you got a penny?" He said, "I have not." I saw a 2s. piece in her hand, and said, "I will get change." I got it at Mrs. Beauchamp's. When Mrs. Newman gave prisoner the change she said, "I believe now it is a bad one." He said, "No, it is not; it has just been given me by Grainer, in Albert Square, for work I
done for him. If you don't believe me, you can go and ask Fred; he knows all about it." Mr. and Mrs. Newman watched him down the road. He met another man. I could not identify the other man. Cross-examined. I do not remember prisoner saying, "I have got a shilling." I was not told the coin was bad. Mrs. Newman said, "I think the 2s. piece you gave to me is a bad one now." I could not say that prisoner gave the name of Fred Slade, the master grainer. I know he said "a grainer" or "Grainer." He said "Fred."
ROSE BEAUCHAMP , 2, Grove Crescent, Stratford. I changed this florin for Hoffman and put it in my till. My husband found it there. GEORGE HENRY BEAUCHAMP. I was working in Mrs. Newman's garden when she came and asked me to change this florin. I scraped the edge of it with a penny and said, "It is a bad one. Don't have anything to do with it." I saw prisoner leaving the shop. He walked up Chats worth Road and joined another man. I spoke to a constable. Previous to that I jumped over the gardens to warn my wife about taking bad money. I then went to the baker's shop to warn them. After that I looked in my till and found the same coin there. I followed prisoners till I met Police-constable 700, who arrested them. I showed the coin to Andrews. He said, "Yes, I changed that." They broke away from the constable and ran in opposite directions. I went after one and threw him to the ground. Police-constable HENRY WARNER, 523 K. On November 24, in the afternoon, I was in Leytonstone Road and saw Mr. Beauchamp running after Weller. I gave chase. Just before I got to them Beauchamp threw Weller to the ground. I said, "What is the matter here." Mr. Beauchamp said, "This man is passing bad coins," and handed me a bad florin. I took Weller into the telephone-box at the corner of Chobham Road and Leytonstone Road. I found on him 13 counterfeit florins. They were both charged with being concerned together in being in possession of and uttering counterfeit coins, well knowing same to be counterfeit. Andrews made no reply. The coins were done up separately in tissue paper. I also found on Weller. A piece of blacking for the purpose of darkening the coins.
Cross-examined. Besides the counterfeit coins I found on Weller 1s. in silver and 5d. in bronze.
Police-constable, 700 K. On November 24, at 1.30 p.m., I was on duty in Chats worth Road. Mr. Beauchamp came up. I went with him to Cruikshank Road. He pointed out prisoners to me. I followed them into Leytonstone Road. I arrested them there. They struggled and got away. I went after Andrews and caught him. I said, "l am going to take you into custody for uttering a counterfeit florin in a shop at Grove Crescent." He said, "You won't find any on me. I only had one, and that the other chap gave to me." I searched him and found 1s. 6d. in silver; no counterfeit coins. When charged he made no reply.
Cross-examined. I did not hear Andrews say, "Yes; I changed that."
WM. ANDREWS (prisoner, on oath). I have known Weller two or three years. I met him on the day in question, and we walked along together until we came near this tobacconist's shop. Then I asked him for a fag. He had none. He said, "Go and get some," and gave me what I thought was a two-shilling piece. He walked down the street: I went into the shop and asked for some shag. Mr. Newman said she had no cigarette shag. I said, "I will have Woodbines." I gave this florin in payment. Mrs. Newman said nothing till she went inside and came back. She then said, "Haven't you a penny?" I said, "I haven't a penny; I have a shilling." Hoffman went to get change. She held the change in her hand and said, "I have my doubts now whether it is a good one or not." Then Hoffman said, "It is all right, I have bit it with my teeth." I said, "II you find it is a bad one take it to Mr. Fred Slade, my uncle, 36, Albert Square, round the corner. I am going round presently; I shall let them know." The lady said, "I know the name, hut I don't know him." I told her he was a master grainer. I left the shop and met Weller. We walked along the street. Weller said to me, "Let's come in here and have a drink," When we came out Weller said, "What caused you to be all that time in the shop?" I said, "I don't know: she wanted to say it was a bad one." He said, "Bad one! She don't know what good money is." I did not make any more remarks. After that he said, Which way are you going?" I said "Towards home." We walked down a turning. Before we got to the tram he said, "Come and have another drink." I said, "It is too late; here is a car coming along. Jump on and I will go round and see my aunt and uncle." He then gave me sixpence to get myself a drink.
Cross-examined. I was at work on the Monday and was put off on Monday afternoon. I had a few drinks and did not go in Tuesday morning. I went up Tuesday night and was given another day off. When I draw my money on Saturday I allow my mother a certain amount and she gives me 8d. a day for food. This day she had no change and gave me a shilling. When Weller gave me the florin to buy the fags he did not know I had a shilling; it was not mine to change: it was my mother's. If I am not at work I generally take it home. When Mrs. Newman asked me, "Haven't you a penny?" I said, "I haven't a penny; I have a shilling." I had the shilling in my hand: she never offered to take it. When she gave me the change she said she thought it was a bad florin. When the officer came up and caught us both I stood there, naturally enough. He said I am going to search you. Previous to that Mr. Beauchamp came up and said to me, "Do you know this" I said, "Yes, I changed that: I just changed one." Weller said to the constable,
"You are not going to search me," and ran. I thought "lam not going to be left in the lurch." I had my suspicions about the coin, and I lost my head. I did not wrench myself away from the policeman. He let me go to go after Weller. I had the shilling and the sixpence Weller gave me on me. I did not tell Mrs. Newman, "If it is not good you can go and ask Grainer." I said, "If you find this is a bad coin take it to Mr. Fred Slade, 36, Albert Square, the master grainer.
Previous convictions were proved.
Sentences: Andrews, six months' hard labour; Weller, nine months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, December 8.)
SEATON, Frederick (32, provision dealer) , obtaining by false pretences from Edward Haynes £2 14s.; from Henry Reynolds a postal order for 14s. 6d.; and from William Taylor a postal order for 14s. 6d., in each case with intent to defraud.
Mr. Condy prosecuted.
EDWARD HAYNES , Bartholomew's Green, Raynes, poultry farmer. On October 19 I saw an advertisement in the "Feathered World," offering fowls for sale. I wrote to the address given, Mr. Ellis, 77, South Warple Way, and enclosed £2 14s. in a registered envelope. I produce the receipt for the registered letter. As the birds did not arrive. I sent him a reply-paid telegram, but got no answer. In the afternoon I went to Mortlake, but could not see prisoner.
CLARA CHARTER . On October 25 prisoner called at my place and took a furnished room. He said he would come in on the following Tuesday. He came on the Monday and slept there that night. He came the previous Saturday and received his letters. He did not sleep there after Monday. Several letters came, and while he was having supper a registered letter arrived. I did not see him any more after he slept there that night. On Tuesday he sent me a telegram saying he would not come back that night. On Wednesday he sent a boy with a note saying if there were any letters for him would I give them to bearer, as he was called away on business to Hastings. I gave the letters to the boy. The same night last witness called to ask if Mr. Ellis lived there. On the Friday another boy came with a note to give bearer any letters. I gave the boy two post-cards. I followed the boy, but lost sight of him somewhere in Mortlake Church-yard. I then gave information at the police station, and came back
with a police officer, to whom I pointed prisoner oat. There were a great many letters for Mr. Ellis, the prisoner. There was no poultry at my house. I identify the post-cards I handed to the boy.
Detective EDWARD HUNT, B Division. At 11.15, on November 5,. I saw prisoner detained at Barnes Police Station. I told him he had been pointed out as answering the description of a man wanted on a warrant for obtaining money and postal orders at 77, South Warple Way. He said, "My name is Frederick Seaton. I live at 222, Stockwell Road, Brixton. You can easily make inquiries and find out if I live there." I told him he answered the description of a man wanted on a warrant of the name of Ellis and I should put him up for identification. He then said, "I admit I am the man Ellis, who stayed one night at 77, South Warple Way, Mortlake." I read the warrant over to him and he said, "Yes, that is quite right," and pointed to a letter relating to poultry and said, "That relates to the same advertisement as last week. I admit I am the man, if that will save you any trouble." I searched him and found on him 6s. 6d. in silver, 7d. in bronze, one cheque for 14s. 6d. in the name of Ellis, one postal order for 1s. 6d., six pawntickets in different names, one P. O. transfer form in the name of Frank Bentham, and an address 33, Benbow Road, Hammersmith, and other things. When charged he said nothing.
Police-constable PANKHURST, V Division. On November 5 Mrs. Charter pointed out prisoner to me as a man wanted on a warrant. I went up to him, told him I was a police-officer, and that he was wanted on a warrant. I took him to Barnes Police Station, where he was detained and seen by Detective Hunt. He said, "My name is Frederick Seaton, 222, Stockwell Road, Brixton."
CHARLES HENDERSON , schoolboy, 68, Second Avenue, Mortlake. On November 3 I was in High Street, Barnes. I saw prisoner there. He asked me if I knew where 77, South Warple Way was. I said, "Yes." He said, "Will you take this envelope for me?" I said, "Yes." I went. I got a telegram, postcard, and two letters. I took them teethe "Sun Inn" and gave them to prisoner. I next saw him on the Wednesday at Mortlake Police Court.
RORERT PLANT , schoolboy, 5, Fitzgerald Road, Mortlake. I saw prisoner in Mortlake Churchyard on November 5 at 12.40. He asked me to take a letter to 77, South Warple Way. I went. The lady gave me two postcards and a book wrapped up in paper. I gave them to a little boy to give to the man. I next saw prisoner in the police yard.
WILLIAM TAYLOR , lance-sergeant, Hampshire Regiment, 41, Upper Brook Street, Winchester. I saw an advertisement in the "Feathered World "on October 9. I answered it on November 2 and enclosed a postal order for 14s. 6d. to Mr. Ellis, 77, South Warple Way, Mortlake. That was for six birds. I got no reply nor any birds.
a letter off with a postal order for 14s. 6d. for six pullets to be sent carriage paid, and received no reply. I identify the postal order.
Verdict, Guilty. Previous convictions were proved for similar and other offences.
Sentence, 18 months' hard labour.
JOHNSON, Albert (19, butcher), CLUTTERBUCK, Walter Alexander (20, pointer), and BOWYER, Henry Barry (19, butcher) , pleaded guilty of burglary in the dwelling-house of Edward Victor Shipley, with intent to steal therein; Johnson and Clutterbuck burglary in the dwelling-house of Edward Victor Shipley and stealing therein a quantity of jewellery and certain money, to wit, the sum of £24, his goods and moneys; feloniously inflicting certain grievous bodily harm upon the said Edward Victor Shipley ; breaking and entering the shop of Sidney Goodban and stealing therein a number of articles, his goods; breaking and entering the shop of George Wilson and stealing therein a number of articles, his goods.
Sentence, Clutterbuck (who had been several times previously convicted), 18 months' hard labour. Bowyer and Johnson were released on their own recognisances to come up for judgment if called upon.
Numerous previous convictions were proved.
Sentence: One week with hard labour, there being a remnant of one year and 123 days to serve of a sentence of three years' penal servitude.
BUTCHER, Chas. Edgar (37, painter) ; obtaining by false pretences from William Wilkes three tons two hundredweight of coal; forging an order purporting to be an order from Mary Ann Harding for the payment of money, to wit, a banker's cheque for the payment of £21 11s. 10d.
Mr. Robert Simpson prosecuted.
WILLIAM WILKES , 22, Cromwell Road, Wimbledon, coal merchant. Prisoner was in the habit of giving me orders for coal for the Tooting Pleasant Sunday Afternoon Coal Club. The cheques in payment were drawn by Mrs. Harding on the London and South-Western Bank. To the best of my belief they were crossed at the beginning of the transactions. The crossing did not cease at my request. To the best of my belief the cheque April 3, 1909, is in Mrs. Harding's writing. The endorsement is not mine. I have never authorised anyone to endorse cheques for me. To the best of my belief the endorsement is prisoner's writing. The endorsements on six other cheques handed are in prisoner's writing. I have not seen prisoner write. I received from prisoner £10 on August 18 last and £3 about October 2. He did not tell me he had cashed the cheque (Exhibit 14) drawn on April 3. He told me that the lady who drew the cheque was taken seriously ill and had to go under a serious operation. For that reason I did not press Mrs. Harding for the cheque. I received the money in respect of all the cheques with
the exception of one for £9 odd, drawn on October 28 last, which is not mentioned in the charge.
Cross-examined by prisoner. The cheque for £21 11s. 10d. was supposed to be paid through the Tooting Baptist Club. This was for goods supplied on the same terms as the P. S. A. To the best of my belief you signed the contract. You did not guarantee it. I had arranged with Mrs. Harding through you as her agent. I signed no contract with the Tooting Baptist. I am delivering now on the same conditions as the P. S. A. I did not look to you as guarantor for payment. You were to bring me the money as it was handed to you by Mr. Bolton. If the contract had been repudiated I should not have sued anybody; I should have found customers to take it without the P. S. A. You came and paid me money on account of Mr. Harris and Mrs. Harding which you had receipts for. You have had receipts for every bill of the Tooting Baptist with the exception of October 28. I cannot tell you when the last cheque was crossed. I think it would be about September. I cannot recall to mind your coming down one Tuesday morning and saying, "I have been to the hank and have brought you some money over and that I said, "That is all right, I don't mind as long as I get the money." I did not think it strange that cheques were not crossed for over 12 months. You represented that Mrs. Harding had sent the money. I do not know how it is the South-Western Bank passed these cheques which are not endorsed by me. That is their business. I could not tell you offhand how much was paid to me in September on account of the Tooting Baptist. I do not recollect your asking me to produce the bill at the Police Court. I do not accuse you of doing anything in September.
MARY ANN HARDING , 18, Arnold Road Tooting Junction, Secretary Tooting Baptist Coal Club. The cheque of April 3 for £21 11s. 10d. is in my writing. It was drawn in prisoner's presence to Mr. Wilkes for coal supplied to my order. I was asked not to cross it. Prisoner said Mr. Wilkes was short of ready money and would like to get it quickly to pay wages. To the best of my belief the endorsement is prisoner's writing. I gave the cheque to prisoner to hand to Mr. Wilkes. Prisoner did not tell me Mr. Wilkes had asked him to cash it. I never gave prisoner permission, nor has Mr. Wilkes ever asked me to give him permission to cash his cheques.
To prisoner. When I wrote the cheque out you said Mr. Wilkes would be glad of the money. I do not know if that was the first cheque I did not cross. The reason I know this was the cheque that you said Mr. Wilkes would be glad to have the money for was because, being a cheque for so large an amount, I was not quite satisfied to give you an open cheque. You did not tell me you had changed cheques for Mr. Wilkes. If I endorsed them you said to me, "I can go and cash this myself," so I never endorsed any myself again. I made them out in a different way. I do not know that I was very poorly about March or April. I might have told you I thought of going away at Easter. I am afraid it is imagination on your part that you heard I was to have six months' rest. You told
me that people were talking about me, and when I referred to one of them he denied all knowledge of it.
To the Judge: He told me some man told him. I was to have six months' leave, but not on account of illness: there was some grievance against me.
To prisoner. I trusted you with money and cheques to pay into the bank for me because you were connected with the P. S. A.
ADOLF MABOT , second cashier, Tooting branch, London and Southwestern Bank. The cheque for £21 11s. 10d. was cashed at my bank on April 3, 1909. I do not know Mr. Wilkes's signature. The endorsement on Exhibits 14 and 15 seem to me to be written by the same hand, but disguised. The other cheques shown to me were cashed at my bank on the days they were drawn.
Detective-sergeant JOHN GILLOM, V Division. On November 23, about 9.30, I saw prisoner at Wimbledon Police Station. I first cautioned him. He spoke first about the receipt. I showed him receipts, 17, 18, and 19, and said they were receipts given to Mrs. Harding by him, and that she said she saw him sign them. I also showed him these cheques marked 14, 15, 16, particularly the cheque for £21 11s. 10d., and said I had carefully examined the endorsements and the signature on the receipts, and in my opinion they were in the same handwriting. I also told him that he would be charged with forging the cheque for £21 11s. 10d. to the prejudice of Mr. Wilkes. He said, "Yes, I did sign and cash the cheques." Referring to the £21 11s. 10d. cheque he said, "Mr. Wilkes has had most of that. money." He mentioned £13. I said, "Yes, I believe that is so." He was charged, and the charge referring to this cheque was read over to him, and he said, "Yes, I signed and cashed the cheque. He also said the other cheques were all his endorsements. He said he cashed them. I told him when I arrested him on the 15th that the cheques would probably be the subject of charges. He said it was very hard, he had a family, and the best thing he could do was to plead guilty, and asked me my advice. I said I could not give him advice on this matter.
To prisoner. At the time I did not mention anything about a cheque. I said probably you would be charged with reference to the cheques. That was in your front room.
CHARLES EDGAR BUTCHER (prisoner, on oath). About last October Mr. Wilkes told me, when I took him the cash over—I had been to the bank with some money from Mrs. Harding—" I do not mind you cashing the cheques as long as I get the money." All the bills were, made out in my handwriting at my place. I got the bills from Mr. Wilkes every month, and I used to write them out because I had Mrs. Harding's orders to do it. I took them to Mrs. Harding and they were paid for. Mr. Wilkes had never made out those accounts nor the P. S. A. I cashed the cheques on Mr. Wilkes's word. I paid him £13, the best part of the cheque, and he never said anything. I never heard anything about this until I was arrested. Detective
Gillom said "I suppose you have been looking for me?" I said, "No." He said, "I have a very unpleasant duty to perform; I have to arrest you for obtaining coals value £3 5s. or something of that, "Did not you expect me?" I said, "No." I had only seen Mr. Wilkes in the morning and given him some money then, but not on this account. Altogether there is £8 11s. 10d. owing on this account. My services to Mr. Wilkes were quite honorary; not only that, I tried to get him all the customers I possibly could, because I thought it was doing him a good turn. I have been secretary of this club about three years, and there has been nothing wrong, and as to the fraudulent pretences, there was another clerk came in. That is all I can say. Verdict, Not guilty.
BEFORE THE RECORDER.(Friday, December 10.)
WILLIAM WILKES , 22, Cromwell Road, Wimbledon, coal merchant. I supplied coal to the Tooting Mothers' Meeting Coal Club connected with the Tooting Congregational Church, and usually received orders through the prisoner, who was the treasurer of the Pleasant Sunday Afternoon Society of that church. My account was sent to and paid by Rev. Bevill Allen, Pastor of the Congregational Church. Cheque produced for £1 2s. is drawn by Mr. Bevill Allen in favour of "J. Wilkes" in mistake for "William," which is my name. It is endorsed "J. Wilkes," not by me and without my authority. I did not receive the money or the cheque. I did not authorise prisoner or anyone else to endorse cheques for me or to give receipts for me. I have only known prisoner in connection with the purchase of coal for the club.
Cross-examined. I have known prisoner as secretary of the P. S. A. I have received money from prisoner, for which I gave him receipts. I never authorised prisoner to make out accounts for me. I have received no cheques from Mr. Allen since March. I have not received money from prisoner and said I was too busy to make out a receipt and would give it him later on. I never told prisoner, "It is all right, old man; I do not mind you cashing the cheque as long as I get the money." (To the Judge.) I am not a member of the congregation—I have only to do with them in supplying coal. The orders for coal came through the prisoner on behalf of Mr. Bevill Allen. Prisoner was hon. secretary. I had no contract with Mr. Allen. It is not true that prisoner gave me the £1 2s. for cheque produced. He has never paid me money for which I have not given a receipt. All the money I received on behalf of the club I have given prisoner a receipt for. I never received the £1 2s. in question.
Rev. BEVILL ALLEN, pastor of the Tooting Congregational Church, Mitcham Road. Twelve months ago I started a coal club in connection with the Mothers' Meeting of my church. Prisoner attended the church, but was not a member. He volunteered to take the orders for coal to Wilkes and also to take the money and pay for them to save me trouble. I drew cheque produced for £1 2s. in favour of "J. Wilkes"—I found out afterwards "W." was the proper initial—and handed it to prisoner to take to Wilkes Shortly after he brought me a receipt for it, which I believe was amongst the documents handed to the police. I do not know what has become of it. I will endeavour to find it by to-morrow.
(Saturday, December 11.)
Rev. BEVILL ALLEN, recalled. I cannot find the receipt for the £1 2s. I believe I received one from the prisoner—at any rate I cannot find it. Prisoner never wrote a receipt in return for a cheque for Willkes; I have always understood he gave me the receipt of the coal merchant, he generally brought the receipt several days after the cheque was signed in the name of Wilkes. Cheque for £1 2s. produced is an open cheque. I usually crossed cheques unless there was a special reason. I should not like to swear why the cheque for £1 2s. was not crossed, but I have an opinion. I do not recognise the handwriting of the endorsement.
Cross-examined. I did not usually give prisoner an open cheque. Uncrossed cheques (produced) are after the date of the cheque for £1 2s., and were given to prisoner to pay Wilkes. Prisoner brought me receipts back, which I have handed to the police. I have no list of orders given. Crossed cheque (produced) for £4 18s. 3d. is dated March 2, is signed by me, and I believe was handed to prisoner by my wife, when I was unwell. I had not ordered a ton of coals for myself privately a week before. The cheque for £4 18s. 3d. did not include £1 2s. for coals ordered by the club.
To the Recorder. I am quite clear that the cheque for £1 2s. of March 9 was given prisoner to pay to Wilkes for coal supplied by him, either to the Mothers' meeting or the P. S. A. Club; it was given to prisoner on March 9. It may be I ordered coals for myself through the P. S. A.
Re-examined. I have no recollection of prisoner at the time I gave him cheque for £1 2s., saying "I generally cash the cheques for Wilkes"—I should have regarded that as a serious statement and should not have forgotten it.
WILLIAM WILKES recalled, further cross-examined. I have not my books here. I supplied coals represented by cheque for £1 2s. early in March. I have always given a receipt to prisoner with the exception of a payment of £3 from prisoner on behalf of the Tooting Baptists' Church. Prisoner brought me a cheque for £7 2s. and £2 in money, for which I sent him a receipt on the following Monday. Concerning the mothers' meeting, I have come to the conclusion that prisoner has defrauded me of £100.
ADOLPH MABOT , Assistant cashier, London and South-Western Bank, Tooting. Cheque produced for £1 2s. was presented at my bank on March 9 and cashed over the counter. I do not know who presented it. Wilkes has no account at my bank. The Rev. Bevill Allen has an account.
Detective-sergeant JOHN GILLOM, V Division, Metropolitan Police. On November 23, at 9.30 a.m., I saw prisoner, who was detained at Wimbledon Police Station, and showed him cheque produced for £1 2s., together with some receipts and. other documents and cheques, and said to him, "I have compared the writing of these receipts and the endorsement on these cheques and I have come to the conclusion they are the same handwriting." Prisoner carefully examined the documents, which are receipts purporting to be signed by him, and said "Yes, the signatures are mine and I cashed them"—meaning the endorsements on the cheques. I then said, "You will be charged with forging and uttering this cheque for £1 2s. "The Inspector read the charge over to him and he said, "Yes, I cashed the cheques He had been arrested on November 15 on a warrant and had been since in custody. When arrested he said, "It is very hard; I have got a wife and family. The best thing I can do is to plead guilty (To the Recorder.) I told him he would probably be further charged with reference to some cheques. I did not mention the cheque for £1 2s.
The Recorder said that the witness ought not to have mentioned the reply of the prisoner, the present charge with regard to the £1 2s. not having been specifically referred to. He would tell the jury that the reply of the prisoner had no bearing upon the present case.
Cross-examined. Prisoner was arrested for obtaining goods by false pretences: He said "You had better go down to my home at 45, Pavilion Road." I went there and all books I asked for were produced. I found the receipts in a box.
CHARLES EDGAR BUTCHER (prisoner, on oath). I am a painter and decorator. Last September I paid Wilkes an account in cash for coals and told him I had been to the bank and had cashed the cheque, which was for the coals supplied during September, 1908. This was on Wilkes' wharf. He said, "Oh, that is all right, old man. I do not mind you signing the cheques for me as long as I get the money." Since that time I have always changed the cheques, excepting when they were crossed, and handed him the money. That was no advantage whatever to me, only there was a little bit off the account to come to me in one case and when I paid him I deducted that. There was nothing owing in respect of the cheque for £1 2s. I have paid on various occasions the amount to Wilkes in his yard. Endorsement on cheque for £1 2s. is in my handwriting. I endorsed it under the authority given by Wilkes in the way I have stated in September, 1908. I have changed the cheques ever since and he has had the
money. He did not owe me any money on this particular account—I handed him the full amount of £1 2s. I have never had a receipt for it. He very often did not give me a receipt. When I was arrested on a warrant on November 15 on another charge Sergeant Gillom showed me a number of cheques and said, "You have been forging these, old man, as well," or words to that effect. I said, "Mr. Wilkes knows I have changed these cheques and paid him in money for them."
Cross-examined. The first cheque I cashed was in September, 1908, and since that time I have cashed mostly all open cheques for Wilkes that have come into my hands and paid him the amounts. I should think they would amount to £100. I have paid Wilkes all money I have received on his behalf since September, 1908, excepting one month. I always made the accounts out myself and I always signed them. I seldom got a receipt from Wilkes. Wilkes knew there were some deductions which were made for stationery. I told Gillom that I cashed the cheques and Mr. Wilkes had had the money. I cannot say if I stated this to the Magistrate. I said, "I will not say anything now and I reserve my defence." I could not say if I told the Magistrate that Wilkes authorised me to cash cheques. When Wilkes says he has never given me any authority to endorse or cash cheques it is false. Wilkes checked my account by his book once a month mostly; sometimes he has not checked the accounts at all. I would say, "I have brought the money for such and such an account"—whether it was Mr. Allen's account or the Tooting Baptists' account. He has been content to take the money from me without knowing who it came from for these 15 months—of course, he has.
WILLIAM WILKES , recalled. (To the Recorder.) I never received the money for this cheque for £1 2s. I never gave authority to the prisoner, either in September, 1908, or at any time, to sign my name at the back of cheques. I did not know he was doing it.
Prisoner was stated to have been convicted on November 21, 1904, at Croydon Petty Sessions and sentenced to one month's hard labour for converting money to his own use. Mr. Wilkes stated that prisoner had defrauded him of about £120; that he had ascertained £85 17s. 6d. in connection with the P. S. A. alone; that there were other amounts in connection with the Baptist Church and Mr. Allen's account.
Sergeant Gillan stated that the defalcations had been going on for about 15 months, that prisoner was arrested on a charge of obtaining coals by false pretences, and that he had said the best thing he could do was to plead guilty with reference to that and the other charges.
Sentence, 18 months' hard labour, the Recorder stating that he had taken into consideration all the charges then upon the file.
Mr. Sydney Williams prosecuted; Mr. Leycester defended.
TOM ALFRED BROOKS , licensee, "Red Lion" Hotel, Barnes. I am slightly acquainted with prisoner as a customer. At about 11 p.m. on Saturday, May 1, he came to me and asked me to cash a cheque of £4 as he wanted some money to go to market with on Monday and he would have to start before the bank opened. He asked for pen and ink and made out the cheque in the name of J. Norman Searle. I knew him principally as" Norman," that being the name he was trading under. I gave him four sovereigns and paid the cheque into the bank on the Monday. morning with other moneys and the manager informed me there was no money there to meet it. Prisoner was carrying on business as a greengrocer. I immediately went over to his place of business, which was only 20 yards or 30 yards away, and the assistant informed me he was not there. I went back to the bank and then went home again, the hotel being quite close, and wrote a note, which I left at prisoner's shop. I did not see him again until last Sunday week, after he had been arrested. I made inquiries of the person who was in business with him (Miss Giddings) and tried to ascertain his whereabouts, but could get no information about him.
Cross-examined. I do not suggest there was any fraud in prisoner using the name of Norman. I heard his real name was Searle and that was the name on the cheque. He had been at the shop about four months. I had cashed one or two cheques for him before, which had been honoured. I swore at the police court that I cashed the cheque because he was a neighbour and had a shop and was a customer. If he had not been a neighbour and if I had not known him I should not have cashed the cheque. It was not on the Friday that he brought the cheque in, but on Saturday, May 1. I will not swear that he did not say that he wanted the money for the market next morning, but it could not have been next morning, because it would have been Sunday. I remember distinctly that this was on a Saturday. He wanted it for the market, he said, and he would have to go before the bank opened. I know the man Price, who worked for prisoner, only by seeing him in the shop. Price did not bring me a note from prisoner after the cheque had been dishonoured. I had seen Miss Giddings on one or two occasions. I only knew her as assistant in the shop. When I made inquiries I was informed prisoner was not there. I did not communicate the matter to the police until two or three weeks afterwards and the warrant was issued the first week in June. If at any time during that interval he had repaid me the money I should not have prosecuted, as I should have thought it was a straightforward transaction.
certified copy of it. It was opened on March 15 of this year with a credit of £50. The last cheque of prisoner's cashed was one of £2 on April 28. When it was first presented money had not been provided to meet it, but £2, the exact money, was afterwards paid in and the cheque was cashed. Previously a cheque of 5s. 9d. had been presented. There was only 5s. to meet it and that amount was paid, exactly clearing the account. On the morning of May 3 a cheque for £4 came in. It was returned to prosecutor marked "Refer to drawer." On May 1 prisoner had been in to ask me if I would honour a cheque of £4 on presentation. I told him I could not do it unless funds were provided. He did not provide the funds. No money has been paid into prisoner's account before that time and this. There were only two payments in—the first one of £50 and the payment of £2 to meet the cheque previously dishonoured.
Cross-examined. The payment in of £2 was made by prisoner. I knew him as a greengrocer carrying on business within a few yards of the bank. A number of small cheques were drawn, the biggest being £7 16s. 11d., and the cheque for 5s. 9d. depleted the account. I am certain that it was on Saturday, May 1, that prisoner asked me to honour the cheque for £4 and not on the following Monday. I do not remember that he said that he had already given the cheque to Mr. Brooks. As far as I can remember he came between half-past 10 and 11 in the morning.
JAMES PRICE , greengrocer, Putney. I was formerly in prisoner's employ at 129, Church Road, Barnes. I remember on May 3 prosecutor came over to the shop twice. He also sent his man over with two letters, which I delivered to Mr. Searle the same evening between seven and eight o'clock. I told him the bank manager had also called. I do not remember seeing prisoner again. I did not receive a note from him.
Cross-examined. I remember now that he left a note for me on the counter. I am sure it did not mention that Miss Giddings would carry on the business till he came back. My memory is not extraordinary; I may forget things sometimes; I think everyone does. I do not remember him giving me a note for Mr. Brooks; he may have done and I may have forgotten it. It is also possible I may have forgotten to give it to Mr. Brooks; everything is possible. I was with Mr. Searle, I suppose, about two months on and off. Miss Giddings was there during the time I was there. I do not know that she had a share in the business. I believe she kept the books. All the money was paid to her. She had a desk with a drawer in it. I do not know whether the drawer was kept locked; I never tried it. I know nothing about the bank books. I should not know the bank pass book if I were to see it. She went away the Wednesday previous to this happening about the cheque. Mr. Searle lived at the shop with his wife and family. Miss Giddings returned to the shop on Wednesday, May 5; she was away exactly a week. On the day she returned prisoner went away. I noticed at the time that he was very much upset and seemed ill. The business had been a failure and was going from bad to worse. The shop has only been closed about three
days. The landlord came in and somebody took the business over from the landlord. Miss Giddings did not remain after the 5th; she simply came and took her furniture away and took no more part in the business. The business is still alive, very much more so than it was before prisoner left.
Detective EDWARD HUNT, V. On June 9 I received a warrant for prisoner's arrest and executed it on November 28, when I saw him detained at Newport Police Station, Shropshire. I told him that I was a police officer and that I held a warrant for his arrest. I read the warrant over to him and he said, "I have got an answer to that charge. I do not fear it a bit. I will admit I have acted very indiscreet over this matter, but anyone can see their mistakes when it is too late." In reply to the charge, when it was read over to him after I had conveyed him back to Barnes Police Station, he said, "It is quite untrue."
Cross-examined. The charge was "obtaining £4 by means of a worthless cheque, with intent to defraud."
JAMES NORMAN SEARLE (prisoner, on oath). At the time of my arrest I was carrying on business as an insurance manager in Birmingham. From Christmas to May I was carrying on a greengrocer's business at Barnes and was living at the shop with my wife and children. Miss Giddings had an equal share with myself in the business and was living on the premises after my wife and children came to live there; before that she did not live there. She came to live there a month or six weeks prior to this case; that would be towards the end of March. She was an elderly woman, 56 years of age. She put as much money into the business as I put into it. The business was not a success. I had had no experience whatever of the greengrocery trade. I had previously been branch manager of an insurance company. Miss Giddings kept the books of the business solely and entirely and took all the money that was taken, which would average, I suppose, £6 or £7 a week. I undertook the whole of the buying and attended Covent Garden Market. I needed for marketing about £3 or £4 a time. The bank pass book was kept in a box underneath the desk, locked. We paid £50 into the bank to pay little trading debts and from time to time cheques were drawn upon the account. I traded in the name of Norman and drew cheques in my own name. As to the dishonoured cheque for £2, Miss Giddings sent over the money; I do not know how much was sent. On Friday, April 30, I was in Mr. Brooks's hotel with my brother-in-law. I had last seen Miss Giddings on the previous Wednesday. I saw £10 that she had in her possession. She then told me she was going away for one or two days to her friends. On the Friday night I asked Mr. Brooks if he would kindly cash me a cheque to enable me to go to the market the following (Saturday) morning. He said, "Oh, yes; certainly; how much would you like?" He had cashed small cheques for me before. I then wrote out a cheque for £4. At the time I
drew that cheque I did not know there was no money in the bank, or I would certainly not have drawn that cheque. Next morning (Saturday) I went to the market a little after four o'clock and made use of the whole of the money. On Monday, May 3, having received a note from Mr. Brooks, at my place of business, I went to the bank between 11 and 12 o'clock in the forenoon. He said he had presented a cheque and there was no money there. I told Mr. Earle I was sorry there was no money and asked him to kindly hold the cheque over, or I may have mentioned Miss Giddings's name. I said, "Kindly hold it over a few days; I shall be able to meet it." I afterwards received a second letter from Mr. Brooks, to which I replied, and sent the answer by Price, saying I was exceedingly sorry to hear the account was overdrawn, and asking him to present it again in a few days. When Miss Giddings came back on the Wednesday there was £8 or £9 outstanding, which could have been collected in the ordinary way. The business did not suit me. I was very much upset and very run down and extremely ill. It was an extremely hard winter last year, and having to get up so early to go to market did not suit me at all. On the Wednesday (May 5) I went straight to my own people at Newcastle-on-Tyne. My wife and children remained at Barnes. I left all the stock and fixtures in the shop, absolutely everything—van, horse, and outstanding accounts. I calculate the stock and fixtures as worth something like £60 or £70. Of course, the perishable stock would not come to much. There was my own furniture besides that which Miss Giddings took away, and the fittings were all my own. The van cost £15 and a set of harness I paid £5 for; the horse I hired. The book debts I calculated at £8 or £9; they may have been more. After I went away to Newcastle I did not return to Barnes. I was really quite ill at the time and did not pull up for a fortnight or three weeks. Then I learned that Miss Giddings had gone and the landlord had come in. I therefore returned to my old occupation of insurance agent or manager, and obtained employment with the Birmingham branch of the Legal and Commercial Insurance Company, with whom I remained until I was arrested. When I went to Newcastle my wife, with the children," went home to her own people, who live at Newport, Shropshire. I made one or two visits to them there. During all this time I had not the slightest idea that the cheque I had given to Mr. Brooks remained unpaid. If I had had, Mr. Brooks would have had his money over and over again. I did not know that the police were looking for me, or I would have come back to the police. I agree that I was indiscreet. I think I should have found out where Miss Giddings was and had the matter cleared up. I left letters for Mr. Brooks and left the matter for her to attend to.
Cross-examined. I do not agree with the prosecutor that the cheque was drawn on May 1; it was drawn on April 30. There was absolutely no necessity that I should have money on the Saturday evening. The prosecutor has mistaken Saturday for Friday night. I wanted to attend the market on Saturday. I post-dated the cheque
to May I, as there was no object in dating a cheque the same day at 10 or 11 at night. It is my practice to go to market on Tuesday and Saturday; there is no market on Monday; it would all depend upon what I wanted. I invariably went to market on a Saturday. When Miss Giddings went on the Thursday she must have taken what money there was with her. She could have paid the money in through another branch, as the London City and Midland Bank have branches everywhere. I thought she had paid the money in on the Wednesday before she left. I should not be surprised to hear that the cheque for £2 was cashed on April 30. I have forgotten the dates; I was so muddled and ill. I was under the impression that Miss Giddings had paid money into the bank, the accumulated money of the takings in the shop. When I knew that the cheque for £2 had been returned I asked Miss Giddings to see to it. I did not know that she only paid in £2; it might have been £10 or £12. Prosecutor's hotel, my shop, and the bank were all close together; we formed the three sides of an isosceles triangle. I did not obtain the furniture I had at the shop on the hire system. I obtained some furniture on the hire system to fit Miss Giddings's room up from the Hackney Furnishing Company. On this I paid a deposit of £5, which I have lost. That furniture has been taken away, by whom I do not know. My own furniture is still stored in safety. When I took the greengrocer's shop it was empty. I fitted it up. I was told by the landlord it would be a gold mine. He pressed me to take it on a lease for seven years,' but the contract was never completed. I was to occupy for the first six months at a peppercorn rent and after that I was supposed, I think, to pay £100 a year. I paid the landlord £10 for doing certain work, but beyond that I never paid anything. I do not consider that I owe any rent at all. The van belonged to Miss Giddings and myself. I have not bothered to find out who has taken the van. I did not know what Miss Giddings was going to do with the business at all; she had an equal share with myself and I left it to her. I thought Miss Giddings was the proper person to take what there was; I could get a business anywhere. I expected that Miss Giddings would have cleared the matter up; I left it to her to do exactly as she liked. The £4 outstanding she should have paid. I did not write to her to ask if she had cleared the debts up. She has never written one word to me. I most certainly thought that she would have carried the business on. I have never written to her about it, nor she to me. I assumed she knew all about it. I should not want to return to the business, though it was a great sacrifice for me. When I went away I gave up all my interest in the business to her, banking account and all.
The Foreman of the Jury intimated that they did not think the case a fit one to go on with, thinking it more a case for the county court.
A verdict of Not guilty was accordingly returned.