Vol. CLII.] Part 903.
CENTRAL CRIMINAL COURT
HELD JAN. 11TH, 1910, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE.
TAKEN IN SHORTHAND BY
Shorthand Writer to the Court.
POINTS OF LAW AND PRACTICE
R. F. GRAHAM-CAMPBELL, ESQUIRE,
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
THE ARGUS PRINTING COMPANY, LIMITED, 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, January 11th, 1910, and following days.
Before the Right Hon. Sir JOHN KNILL , Baronet, LORD MAYOR of the City of London; the Hon. Sir EDWARD RIDLEY , one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart., Sir ALFRED JAMES NEWTON , Bart., Sir W. VAUGHAN MORGAN , Bart., Sir THOS. BOOR CROSBY, Knight, M.D., Sir GEO. J. WOODMAN, Knight, and REGINALD E. JOHNSTON, Esq, Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET , K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH , K.C., Commissioner; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
RALPH SLAZENGER, Esq.
J. D. LANGTON, Esq.
W. J. B. TIPPETTS, Esq.
CENTRAL CRIMINAL COURT.
KNILL, MAYOR. THIRD SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, January 11.)
BACON, Emma (33, no occupation) pleaded guilty , of forging a banker's cheque for the payment of £10, with intent to defraud; she also pleaded guilty to an indictment alleging that she is an habitual drunkard.
The Recorder sentenced prisoner to 14 days' imprisonment, to be followed by 18 months' detention in an inebriate reformatory.
GREEN, Charles (22, cabinet-maker), and WIESNER, Felix (26, engineer) pleaded guilty , of (both) burglary in the dwelling house of Frederick Mann Cumming and stealing therein one writing case and other articles, his goods; attempting to break and enter the dwelling house of Herbert Butts, with intent to steal therein; (Green) being found by night having in his possession, without lawful excuse, certain implements of housebreaking, to wit, one screwdriver, one gimlet, and other articles; (both) burglary in the dwelling house of Edwin Austin and stealing therein one bicycle and other articles, his goods; burglary in the dwelling-house of Arthur Thomas Abraham Bowyer and stealing therein a postal order for the payment of 4s., £2 12s., three purses, and other articles, his goods and moneys.
The police stated that Green, a Swiss, and Wiesner, a German, had been concerned in eight other burglaries. Green had been several times convicted; he had been deported, but had returned to this country.
Sentence: Green, Three years' penal servitude; Wiesner, 20 months' hard labour; both certified for expulsion under the Aliens Act.
GORDON, Robert Frederick (30, postman) pleaded guilty , of stealing two postal packets containing postal orders for the payment of 5s. and 5s. respectively, the property of the Postmaster-General, he being employed under the Post Office.
Prisoner was formerly in the Royal Field Artillery and had served with distinction in the South African campaign.
Sentence, Three months' hard labour.
ROBERTSON, Alfred Alexander (22, postman) pleaded guilty , of stealing a postal packet containing a Post Office Savings Bank deposit book, the goods of His Majesty's Postmaster-General, he being employed under the Post Office; forging and uttering, knowing the same to be forged, a Post Office Savings Bank notice of withdrawal for £61 2s. 10d., with intent to defraud.
Sentence, Nine months' hard labour.
Sentence, 18 months' hard labour.
A previous conviction (with a sentence of three years' penal servitude) was proved.
Sentence, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, January 11.)
Convictions proved: 10 days at West Ham Police Court, December 19, 1895, for stealing biscuits; six weeks at West Ham Police Court, January 5, 1898, for stealing a coat; two months at West Ham Police Court, March 10, 1898, for stealing two coats; three months at West Ham Police Court, October 24, 1898, for stealing cash box, etc.; 12 months and 18 lashes at this Court, September 10, 1901, for robbery with violence; 18 months at this Court, June 26, 1905, for double uttering of counterfeit coin; three minor summary conviction for obscene language.
Prisoner was stated to have obtained work since his last conviction. Sentence, 18 months' hard labour.
Convictions proved: June 10, 1904, West Ham Quarter Sessions, two years' hard labour, stealing cloth; December 11, 1885, at Barnsley Petty Sessions, 28 days, stealing under the name of Houston; February 16, 1886, Leeds Police Court, three months, stealing boots; December 6, 1889, Leicester Police Court, 14 days, stealing a coat; March 14, 1890, Halifax Police Court, one month, for stealing scissors; April 29,
1890, Salford Petty Sessions, one month, stealing scissors; July 15, 1890, four months, at Liverpool, for stealing a watch; December 5, 1890, Salford Assizes, six months' hard labour and three years' police supervision, stealing razors; October 22, 1891, Cambridge, 12 months' hard labour, for stealing money; September 4, 1893, North London Sessions, six months' hard labour for stealing a purse; March 21, 1895, Thames Police Court, six months for stealing razors; October 26,1895, Guildhall one month for stealing a coat; December 10, 1895, South London Sessions, 16 months and three years' police supervision for stealing; February 2,1897, North London, three years' penal servitude and two years' police supervision, stealing a bag; November 28, 1899, at Winchester, five years' penal servitude for forgery; February 7, 1908, Guildhall, 12 months' hard labour; also five summary convictions for assault and drunkenness.
Sentence: For uttering, 12 months' hard labour; for assault, 12 months' hard labour, consecutive.
Mr. Pickersgill prosecuted.
ALBERT PALMER , licensee of the "Denmark" beerhouse, 5 1/2 Gloucester Terrace, Kensington. On December 6, 1909, at 5.30 p.m. prisoner asked for a glass of bitter, 2d., and put a two-shilling-piece (produced) on the counter. I told him the coin was bad. He said, "You will find a lot of these about this Christmas time." I tried the coin with acid and it turned black. He then gave me a good shilling. I gave him 10d. change and the bad coin. My barman said, "I believe this man has got a good deal more money on him. I am a great mind to have him locked up." Prisoner, hearing this, left half his beer unfinished and walked out of the bar.
HARRY RAYNER , licensee, "Prince of Wales'" beerhouse, 91, Wilton Road, Pimlico. On December 6, 1909, at about 7.15 p.m., prisoner called for a glass of bitter, 2d., tendered two-shilling-piece, which I told him was bad. He said, "I do not think so, but is this a good one?" and handed me a good two-shilling-piece, for which I gave him the change. I marked the bad coin, which is that produced. I asked prisoner where he got it from. He said he had done a day's work for 4s. and received it in payment; he asked me not to destroy it, as he was going to take it back to his governor, and I handed the bad coin also to him. Walter Blyth, a customer, I believe, followed prisoner out.
WALTER BLYTH , caretaker, 23, Berkeley Square, W. On December 6, at 7.15 p.m., I was in the "Prince of Wales'" beerhouse and heard prisoner tendering a coin which the landlord said was bad. Prisoner said, "Do not destroy it, governor; I have had it given to me for a hard day's work in 4s." The landlord said, "If that is the case I will give it you back to give to your governor." Prisoner then produced a good coin and paid for his refreshment. I asked to look at the coin. Prisoner said, "Certainly not—the governor is quite enough to look at it without you." Prisoner then left and I followed
him towards Victoria Station; he met another man, talked to him for about two minutes, and then went into the "Fountain" beerhouse. I went into the next bar. He called for refreshment and I saw the landlord put a two-shilling-piece on the ledge of the till. I drew the landlord's attention to it and he discovered that it was a marked coin. The prisoner drank his refreshment and went out. I spoke to a police officer and he was brought back and charged. The prisoner and the other man appeared to be passing and repassing something to one another.
GEORGE WRIGHT , manager, "Fountain" beerhouse, 16, Gillingham Street, Pimlico, at the corner of Milton Road. On December 6, 1909, at about 7 p.m., prisoner called for a glass of ale, 1 1/2 d., and put down a two-shilling-piece. I put the coin on the till and gave him 1s. 10 1/2 d. change. The last witness spoke to me. I looked at the coin and discovered it was bad, and then found that the prisoner had left. I went out, found the prisoner a few yards off, brought him back and said, "You have given me a bad two-shilling-piece." He said, "I did not know—I am very sorry. "I gave him back the bad coin; he gave me two good shillings, called for another glass of beer, drank it, and went out. Two or three minutes afterwards he was brought back and searched in the bar and the bad coin (produced) was found upon him.
Police-constable CHARLES FROST, 419 B. On December 6, 1909, at about 7.15 p.m., Blyth spoke to me and pointed to the prisoner, who was seven or eight yards from the "Fountain" public house. Blyth said he should give him into custody for attempting to change a bad two-shilling-piece at the "Fountain" beerhouse. I took prisoner into the "Fountain," searched him, and found bad two-shilling-piece produced in his pocket. On the way to the station he said, "A pal of mine gave it to me, but I shall not put him away."
Prisoner's statement: "I had only one bad coin on me so far as I know and I did not know it was bad. Had I known I would not have tendered it."
Verdict, Guilty of the second and third utterings.
Convictions proved: March 29, 1905, Greenwich Police Court, one month's hard labour for stealing money; July 7, 1908, South-Western Police Court, six months' hard labour for stealing chairs; July 28, 1909, North London Police Court, three months for stealing whisky from a public house bar; May 28, 1909, Old Street, two months for stealing bottles of gin.
Sentence, Eight months' hard labour.
Mr. Pickersgill prosecuted.
ANNIE MILLS , barmaid, "Phoenix" public house, Norton Folgate. On November 27, 1909, between four and five p.m., prisoner asked for a glass of ale, 1d., and gave me a two-shilling-piece, which I put on the till. My mistress afterwards discovered it was bad and threw
it in the fire. On December 4, at about the same time, prisoner again came into the bar, asked for a glass of ale and gave me a two-shilling-piece, which I tried with acid and found bad. I called my mistress who broke it in the engine and asked prisoner if he had any more. He said "No." I said, "This is the man who came in last week and gave me a bad two-shilling-piece."
Cross-examined. When I put the first coin on the till there was no other two-shilling-piece on the till. There was £4 in change arranged in small silver.
ALICE EVANS , licensee, "Phoenix" public house. On November 27, at 4 p.m., I cleared the till, which had been working since dinner time. At 4.55 I went again to the till and found one two-shilling-piece, which I put in my office. The next morning, in counting the money, I found the two-shilling-piece was bad and destroyed it by putting it in the fire, so that it should not get into circulation again. On December 4, at about 4 pm., Mills showed me another two-shilling-piece and stated that the prisoner had given it her and that he was the same man who had passed the bad florin on November 27. I asked prisoner if he had any more; he made no reply and I sent the potman for a constable I broke the coin and handed the pieces to the officer.
Police-constable ALBERT PERRY, 266 G. On December 4, 1909, at about 4 p.m., I was called to the "Phoenix" and found the prisoner in the bar. Broken florin produced was handed to me. I searched the prisoner. Mills said, "That is the man who came here last week and gave me another bad two-shilling-piece." Prisoner made no reply. When charged at the station he said, "You will see how easy I get out of this I got this off a 'bus."
Cross-examined. Prisoner did not say, "How easy I can explain how I came into possession of that two-shilling-piece."
HENRY RADMORE (prisoner, not on oath). All I can say is I came into possession of that two-shilling-piece from a 'bus conductor in change of 2s. 6d. I rode from the Elephant to Brushfield Street, went into prosecutrix's house and tendered the two-shilling-piece without knowing it was bad. I did not pass the coin on the first occasion. I deny having been in the house before.
The Jury, after deliberating for 25 minutes, were unable to agree and were discharged.
(Wednesday, January 12.)
Prisoner was tried again, on the same evidence, and found guilty.
Convictions proved: September 2, 1895, Worship Street, six weeks' hard labour for stealing a cash box from a public house; January 28, 1898, Lambeth, 21 days for unlawful possession of tea; May 17, 1898, North London Sessions, one month for stealing a carpet from outside
a shop; October 16, 1901, Edmonton, nine months for stealing a gold chain from the person.
Sentence, Six months' hard labour.
BEFORE MR. JUSTICE RIDLEY.
(Wednesday, January 12.)
Sentence, 12 months' hard labour.
NAISH, Charles (41, solicitor) pleaded guilty , that, having received £178 6s. 5d. for and on account of Otto Hill, and £66 13s. 6d. for and on account of Edwin Brook, he did fraudulently convert the said sums to his own use and benefit.
Sentence, Nine months' hard labour.
Mr. Bodkin and Mr. Graham-Campbell prosecuted.
Prisoner had been in the employment as cook of Mrs. Bussey, a restaurant keeper in Waterloo Road. On her discharging him, he sued her for wages in lieu of notice. On December 1 the action was heard before Judge Willis in the Southwark County Court and was dismissed. As the parties left the Court the prisoner remarked to prosecutrix, "This has finished me, Mrs. Bussey; I will have a rope round my neck" Having procured a knife from a refreshment shop, he followed prosecutrix and, shouting "God told me to do it; you must die; all wicked women must die," plunged the knife in her throat. To the policeman who arrested him he said, "I did it, sir; God told me to do it for her telling lies before Judge Willis this morning." On being charged he said, "Yes, I took the knife from inside the shop and cut her throat like that; I told Judge Willis she was telling lies in the Court, and I told her if she did tell lies what I would do; but I am glad she is not dead." The wound inflicted on the woman was two or three inches long, going very deeply in, right into the pharynx, cutting through the thyroid cartilage just above the vocal chords. She is now out of danger, but still confined to the hospital.
Dr. REGINALD DYER, medical officer of Brixton Prison, said that prisoner had been under his observation since December 14 last, and had told him that when he was ten years of age a scaffold pole fell on his head. He was a man of weak intellect, very excitable, and subject to epileptic fits. Witness believed that this act was done during an epileptic seizure and that prisoner at the time was not accountable for his actions.
The Jury found prisoner Guilty of causing grievous bodily harm, but that he was not responsible for his actions at the time.
Mr. Justice Ridley ordered the prisoner's detention until His Majesty's pleasure was known.
Prisoner. Does that mean that I am to be imprisoned for life?
Mr. Justice Ridley. No, I think not.
Prisoner. If I recover I shall be discharged; is that so?
Mr. Justice Ridley. That is a matter for the consideration of another power.
PARKER, Oliver Alfred Archibald (35, registered moneylender), was indicted for unlawfully forging, counterfeiting, and uttering a paper writing purporting to be a request for the payment by Alfred Page of money, which said request purported to be a request by C. E. Henderson on behalf of and with the authority of the Admiralty of England; forging and uttering the said writing; unlawfully obtaining by false pretences from Alfred Page £1 1s., unlawfully endeavouring to obtain from the said Alfred Page divers moneys upon and by virtue of the said forged instrument, in each case with intent to defraud, and feloniously sending to the said Alfred Page a letter demanding of him with menaces divers moneys.
Mr. Bodkin, Mr. Leycester, and Mr. Roome prosecuted; Mr. Frampton defended.
The indictment for demanding by virtue of a forged writing was first taken.
ALFRED PAGE , leading stoker on H. M. S. Shannon. In February, 1909, being desirous of borrowing some money, I communicated with Parker, Wallis, and Co., whose advertisements I had seen. They lent me £2 for one month, charging 15s. interest and 1s. 6d, for expenses; this loan was duly repaid. In May I had from them another loan, £3, agreeing to pay £1 1s. a month, interest and 1s. expenses. This loan was to be repaid on July 1. At that date I was unable to repay it, but I sent £1 1s. for interest. (Witness was taken through a number of letters sent to him by defendant, threatening that if he did not take up the loan the matter would be laid before the Admiralty; one stated that in a similar case defendant had gone to the Admiralty and the debtor had been dismissed his ship.) Eventually, on September 27, I received the letter produced; on the flap of the envelope containing it there was an anchor. (The letter was on War Office paper; "War Office" had been blotted out and "Admiralty" substituted; it was signed "C. E. Henderson"; it called witness's attention to an application by defendant for the repayment of £5 15b. 4d., money lent and interest, and concluded, "Kindly give the matter your best attention without further delay") I believed that this was a genuine letter from the Admiralty, and I thought I was likely to get into serious trouble. I spoke to the chaplain of the Shannon and subsequently to the captain, who sent all the papers to the Admiralty.
Cross-examined. I have never suggested that Parker, Wallis, and Co. have defrauded me. I have not complained of the interest charged I regard the balance as still due by me and intend to pay it when this case is over.
CHARLES RICHARD LEE , a Higher Division clerk at the Admiralty. I know no official in my department of the name of C. E. Henderson. The signature to the letter produced is unknown to me; so far as my knowledge goes the letter was not written by anyone with the authority of the Admiralty. The Admiralty never uses War Office paper.
Inspector HENRY PHILLIPS, City Police, proved the arrest Prisoner made no reply to the charge.
Mr. Frampton submitted that there was no case to go to the Jury on this indictment. The forged instrument contained no demand for the payment of money; it was merely an accompanying note to a letter which was not a forgery and which asked for money by virtue of a promissory note, which in turn was not forged. Further, "intent to defraud" was an essential ingredient in this indictment, and, so far from there being evidence of intent, Page had said that he made no charge of fraud against defendant.
Mr. Justice Ridley said there was plenty of evidence of intent, and the case must go to the Jury.
After considerable deliberation, the Jury stated that they were agreed that the defendant did not intend to defraud, and his Lordship treated this as a verdict of Not guilty.
(Friday, January 14.)
Defendant was now indicted for forgery at common law and pleaded guilty.
Mr. Justice Ridley said he would release defendant on his own recognisances in £100 to come up for judgment if called upon, but his Lord-ship added that he would put in his book the sentence which in his view the defendant ought to receive, and if the offence were repeated he would be brought up to receive that sentence.
BEFORE THE RECORDER.
(Wednesday, January 12.)
MUNROE, Alexander Francis (42, ex-postman), HALL, Harry (40, clerk), LAMPARD, John (32, licensed victualler), and PAYNE, Frederick George (35, postman) , all conspiring and agreeing together feloniously to obtain by forged post letters from John McLauchlan £3 8s. 6d., from A. E. Grimwade £15, from Archer and Bacon £8, from George White £4 10s., and from the said John McLauchlan £4 19s. 3d., in each case with intent to defraud. Prisoners were also indicted for forging Post Office date stamps on envelopes. Each of the prisoners, with the exception of Lampard, pleaded guilty to certain counts.
Mr. Muir and Mr. Forster Boulton prosecuted; Mr. Forrest Fulton appeared for Hall; Mr. W. H. Coumbe for Lampard, and Mr. Mac-Mahon for Payne.
The first indictment tried was laid under section 38 of the Forgery Act, 1861. The allegation against Hall, Munroe, and Payne was that acting in concert together they obtained money from bookmakers at
Flushing, in Holland, by means of a false pretence, the false pretence being that letters containing bets on football matches and races had been posted before knowledge of the results, whereas forged post office marks had been obtained from Munroe and Payne and the envelopes posted when the results were known. A postman named Walker, attached to the E. G. district, was also approached by Hall, with a view to engaging him in the fraud, but Walker communicated with his superiors, by whom he was instructed to act as "agent provocateur."
RICHARD WALTER DAVIES , messenger, Investigation Department, General Post Office. Prior to October 15 I had been keeping Munroe under observation. On that day I went to Epsom, where I saw prisoner Hall. I followed him. He went to the Epsom Post Office and after-wards returned by train to Vauxhall, where he arrived at 1.20 p.m. From there I followed him to Clayton Street, Kennington. I saw him meet Munroe outside "The Cricketers" public house. Munroe returned to the public house after shaking hands with Hall and the latter proceeded by way of Kennington Road to Sale Street, Lambeth Road, arriving there about 2.20 p.m. At that time Munroe was on his way to the sorting office with a collection. Hall followed Munroe into Hercules Road, where they spoke to one another; Hall remained in the Hercules Road and Munroe proceeded to the sorting office in the Hercules Road. Before Munroe went into the sorting office I saw him take his delivery bag from his shoulder and put something into it. Next day I saw Hall in the Lambeth Road about 2.30 p.m. I also saw Munroe about that time. I did not see the two men actually join, but I saw them together and after they had parted. Munroe went on with his collection. On November 20 I saw Munroe at the sorting office about 10.40 a.m. He was then engaged in sorting. At 11.3 I saw him leave his seat, go to the table where the date stamp is and make two hits on two envelopes. The envelopes he put in his uniform coat pocket, then returned to his seat and immediately afterwards left the office. I saw him again on November 27. He arrived at the sorting office at 10.45 a.m. At 11.8 he rose from his desk and spoke to the officer in charge of the sorting office. At 11.10 I saw him use the date stamp, with which he made two hits as before upon two envelopes. The two envelopes he took to his desk and put them behind his delivery, which he had previously prepared. He then put the letters in his delivery bundle and tied it up. At 11.20 he left the office. I followed him into the Westminster Bridge Road, he being on one side of the road and Hall on the other. Hall entered the "King's Arms" public house and Munroe followed him into the same bar. They stayed there about five minutes, left together, and walked through St. George's Road to another public house called "The Prince of Wales." I saw Munroe leave the house alone at 11.40, and he proceeded with his delivery, beginning near the "Elephant and Castle." Hall left "The Prince of Wales" about five minutes later. I followed him into the Lambeth Branch Post Office, where I saw him purchase several postal orders. I know the postman Walker, who is a witness in this case. I have seen Hall and Walker together several times. I have not the dates Here; they
are in my report. Acting under instructions, I was at each meeting between Hall and postman Walker between November 16 and 27.
Cross-examined by Mr. Coumbe: In all the various conversations which I overheard I saw or heard nothing about Lampard.
Mr. Muir said that there having been no cross-examination of this witness he thought it unnecessary to call the overseer of the Kennington Post Office, who would merely corroborate as to Munroe's duties, or John Davy, the witness who saw him stamping the two letters on November 27, or Willey, who saw him with Hall in St. George's Road, unless Munroe desired their presence.
Prisoner Munroe expressed a wish that his overseer should be called to speak to his character:
THOMAS JOHNSON , overseer of the Kennington Sorting Office. Prisoner has been in the service since 1882. He came as a messenger boy and became a postman in 1886. His wages were 37s. a week and he would be entitled to a small pension after ten years' service. Up to a certain time I had every confidence in him, but I might say he was not one of the best, or he would have been receiving more money.
GEORGE FREDERICK WALKER . I am a postman employed in the E. C. district office. The letters on my uniform showing the district to which I belong are "E.C. 153." On November 15, about 11 p.m., I was in the "Equestrian" public-house, St. George's Circus, in uniform. Prisoner Hall, who was then a stranger, spoke to me and said, "When your friends leave you I want to see you. It will do you a bit of good."
Mr. Muir said he had just received a communication which would have the effect of very much shortening this trial. Lampard was now willing to plead guilty to the conspiracy, and he would ask his lordship to direct a verdict of acquittal on the present indictment.
Munroe said he pleaded guilty to stamping the envelopes, but did not know what they were intended for.
The Recorder said in this indictment Munroe was charged with Hall with being accessories before the fact to the sending of these envelopes with the date stamps upon them, which in law constituted forgery. Probably Munroe did not understand that what he did amounted to forgery. The indictment first of all charged Lampard with committing this offence. Then it went on to recite as against Hall and Munroe that they did feloniously and maliciously incite and procure the said Lampard to commit the said felony. If they were accessories before the fact they could be tried as if they were principal felons, if, as the indictment alleged, they counselled and procured Lampard. If the jury were asked to say that Lampard was not guilty the position would be one of great difficulty and might be discussed elsewhere.
Mr. Muir observed that a series of Acts had been passed which made it wholly unnecessary to speak of either principals or accessories, owing to the form of the present indictment, if the principal was acquitted the accessories must be acquitted also.
The Recorder. That is how it strikes me.
Mr. Muir thought all the prisoners might be satisfactorily dealt with if his lordship would direct an acquittal on the indictment for forgery, there being another indictment to which Hall was willing to plead guilty.
The Recorder explained to the jury that owing to the way in which the indictment was framed he would ask them to say that Lampard was not guilty, and, of course, the other two men could not be convicted of counselling Lampard to commit a felony which he did not commit.
A verdict of Not guilty was accordingly returned and all the prisoners pleaded guilty to the charge of conspiracy. Several previous convictions were proved against Hall.
Mr. Muir said that with regard to Payne he was held in such high esteem that Mr. Garrett, one of the Metropolitan police magistrates, had given up his day to come here and give him a good character, the same character that he bore in the service of the Post Office, and so far as the Post Office could, consistently with their duty to the public, recommend a servant who had fallen away from his duty, counsel was instructed to recommend Payne to the merciful consideration of the court.
THOMAS DAVIDGE ASHPLANT , public-house broker, High Holborn; FREDERICK CHARLES HAILEY, valuer and gauger of licensed houses, 18, Upper Park Street, Islington; and HUBERT PITT, licensed victualler, Newington Causeway, gave evidence to the character of Lampard.
The Recorder observed that in all his experience he did not recollect another instance where the Post Office had instructed counsel to recommend a prisoner to mercy. Upon the question of the use of the "Agent Provocateur" it was no part of his duty to express any opinion.
Sentences: Hall, Four years' penal servitude; Payne, Three months' imprisonment, second division; Munroe, nine months' hard labour; Lampard, 12 months' hard labour.
Sentence, Nine months' hard labour.
Prisoner has been previously convicted and has undergone penal servitude.
Sentence, 18 months' hard labour.
THAIN, James (46, clerk) pleaded guilty , of stealing three pairs of curtains and other articles, the goods of Annie Rate, and stealing two clocks and other articles, the goods of Bessie Germany , and of feloniously marrying Amelia Elizabeth Rosie Walker, his wife being then alive.
Prisoner was married about the year 1890 and has not lived with his wife for some considerable time. In 1908 he began to walk out with the woman Walker, who was in domestic service at West Hampstead and to whom he said that he had not seen his wife for seven years. The charge of stealing related to a number of articles of furniture, wearing apparel, etc., which he had stolen from a house where he had been lodging. These were found stored in a room in the house where he was living with the woman Walker, and he appears to have spent most of his time in visiting pawnbrokers with a view to disposing of the goods.
Sentences, 15 months for bigamy and six months on the indictment for stealing, to run concurrently.
Mr. Ernest Walsh, prosecuting, asked for an order of restitution of the property.
Mr. Horace Samuel (for pawnbrokers) suggested that this was a case where the Court might exercise its discretion under the Pawn-brokers Act, and only make an order on the terms that the people owning the goods should pay a certain amount as compensation.
The Recorder. What kind of things were they?
Mr. Samuel. Curtains and household articles. The total realized was about £7 or £8.
The Recorder. Things that the pawnbrokers might reasonably have believed were the man's own property. Under the circumstances I will make an order of restitution on the pawnbrokers receiving one-half of the amount they advanced. I think that will be a fair division of the loss.
FITZGERALD, William Edward (38, clerk) pleaded guilty , that having been entrusted by Arthur Clifford with divers moneys amounting to £4 4s., in order that he might deliver the same to Tom Butcher, he did fraudulently convert the same to his own use and benefit, and that having been entrusted with divers moneys amounting to £1 9s. in order that he might deliver the same to the said Tom Butcher, he did fraudulently convert the same to his own use and benefit.
Prisoner was secretary of a loan society and up to the time of these defalcations had borne an excellent character. He was formerly in the employ of a firm of law stationers in the Strand, who discontinued business owing, the Recorder suggested, to the changes which have taken place in the business of the law. Prisoner ascribed his defalcations to his having lost his situation and having a wife and five children to support.
Sentence, Three weeks' imprisonment, second division.
STOWELL, John Augustus, otherwise Jack Stowell, or Essex (46. dispenser) ; stealing a Post Office Savings Bank deposit book, the property of His Majesty's Postmaster-General; forging and uttering, knowing the same to be forged, a request for the payment of money to wit, a notice of withdrawal for £10 and a receipt for the payment of £10, with intent to defraud; forging and uttering, knowing the same to be forged, a receipt for the payment of £1, with intent to defraud.
Mr. Forster Boulton prosecuted.
EDWARD HOLBERTON EDLIN , medical practitioner, 10, Ravenscourt Park Mansions, Hammersmith. I was a depositor in the Post Office Savings Bank and the book produced is mine. In December, 1908, I made a deposit of £30. I put the book in a small drawer at the back of the secretaire. The drawer was not locked; I never lock up things. On January 9, 1909, I went to look for the book between 9 and 10 in the morning. Prisoner had come to stay at Ravenscourt Park Mansions in November or October, 1906, just shortly before I opened this account. He went away on January 2, but he had been away at times before that. When he left on January 2 he said he would be back in a few days. He did not return. The authority to the Post Office (produced) to withdraw £10 by telegraph is signed in my name, but the signature is not mine and I never gave authority to anybody to sign my name to it. It is not like my signature at all. Prisoner sent me a letter from Torquay after his arrest, and the signature to the authority is very like that writing. The receipt produced signed "Edward H. Edlin" was not signed by me and I did not give anybody authority to sign it. The demand note produced for £1 is not signed by me. It is signed with my full name, and I never sign like that. I did not give anybody authority to sign it. The deposit was made at Finsbury Pavement. I put the money in every month for a special purpose.
Cross-examined by prisoner. I had known you before you came to stay at Ravenscourt Park Mansions. I had two flats at the same time, one being in Bedford Park. My housekeeper was in bad health and I put her into a flat, and you came there and introduced yourself in the name of Essex. I allowed you to stop at Bedford Park, but not because my housekeeper was suffering from rheumatic fever. That was months after you came. My housekeeper unfortunately committed suicide. It is true that at Ravenscourt Park Mansions I had a receipt for the flat made out in your name because I was going away. I do not recollect whether I consulted you before I did that. I trusted you because I thought you were an honest man. I did not say when I gave you the receipt "The flat is now in your name. You are the landlord; I am the lodger." I did not say I was being pursued by a solicitor and it would be impossible for him now to seize my furniture; I had paid the solicitor off. He had seized my furniture prior to that, but that has nothing to do with this case. I gave you the receipt because I was going away and you were to look after the housekeeper, who, I understood, was an old sweetheart of yours. You came in a false name altogether, and deceived me right and left. I did not say to you, "The flat is in your name now; you can use my name at any time." I did not know that you had signed my name previously to orders for groceries and things like that, but you very likely did; you would sign my name to anything, I think. I trusted you to pay the bills sometimes, and I believe you did so. It may
have been that whatever you ordered I paid for, but I did not authorise you to write my name. I was not in such trouble at the time that I would have done anything to keep you at the flat—nonsense. I did not give you the bank book as security for what I owed you; I never owed you a shilling. I was not paying you wages; I was giving you gratuities; you came to me in rags and tatters. When you came to me you were not dressed as you are now; you bought those clothes out of the £10; you acted as my valet to a certain extent; you brushed my clothes in the morning and cleaned the windows in the place. You had a home till you could find something to do, but all this would not give you authority to write out a cheque and sign it. There was no agreement that you should receive 10s. a week from me; I gave you gratuities. You were there living on me and looking after a housekeeper you had known for years. You planted yourself upon me in a false name. I have not paid you wages regularly week after week. I think at Bedford Park, when the house-keeper had rheumatic fever, I did give you 5s. a week.
To the Recorder. I never owed him a penny piece, I helped him as far as I could. As to whether he had any medical knowledge, he told me he had been a dispenser, and I think he knows something about chemistry. I think he had been in the Army as what they call a loblolliboy, but he did no dispensing for me.
(Thursday, January 13.)
ADA ROSINA NEWNE , 10, Ravenscourt Mansions, housekeeper to Dr. Edlin. I have known prisoner since he was a boy. I introduced him to Dr. Edlin. On January 2, 1909, prisoner went out about ten o'clock and returned about one o'clock. He went out again in the evening. Before going he asked where the doctor was, and I told him in the study. Prisoner told me not to disturb the doctor, and came to the kitchen and gave me one sovereign. Prisoner said it was because I had been a good friend to him, but that I need not tell the doctor. Prisoner said a gentleman had lent him £3, and was going to give him employment. I did not know Dr. Edlin had a deposit book in his secretaire, which was not locked. My daughter and niece live in the flat with me. My daughter is 10 years old and my niece is 11. I introduced prisoner in the name of Essex.
To Prisoner. I do not remember Dr. Edlin coming to you with a receipt and saying, "I am your lodger and you are my landlord." I heard Dr. Edlin say, "You are the landlord," but he laughed when he said it. I did not hear Dr. Edlin say you could use his name if anything was required for the flat. I did not say to Dr. Edlin, "You cannot give him everything, some of the furniture is mine," and some of the furniture was mine. (The Recorder stopped the cross-examination as it had no bearing on the issue.)
ARTHUR WESTLEY , counter clerk at Hammersmith Broad-way Branch Office. On January 2, 1909, a man produced a deposit book and asked for a withdrawal by telegram of £10. The account was in the name of Dr. E. H. Edlin. The withdrawal form
was signed Edward H. Edlin. I dispatched a telegram to the Central Telegraph Office, addressed to the Savings Bank Department.
GEORGE HENRY WALKER , counter clerk at Hammersmith Broad-way Branch Post Office. On January 2, 1909, a man produced a deposit book to me. I made an entry in the book. I filled up Exhibit 4, which is the receipt for £10. The signatures on the receipt and on the deposit book appeared to agree. I paid the man £10 and returned the book to him.
EDITH EVANS . I was in the employ of the Post Office in January, 1909, at the High Street Town Sub-Post Office, Ryde. On January 7 a man came about five p.m. and handed me a deposit book, and gave me Exhibit 5, filled up, signed Edward Halburton Edlin. I gave him £1. Before paying him I compared the signatures on the form and on the book, I retained the book. The man addressed an envelope for the book to be returned to him. I sent the book to the G.P.O.
Detective-sergeant THOMAS TAYLOR. On November 16, 1909, I saw the prisoner detained at Torquay Police Station, and charged him with stealing Dr. Edlin's bank book. He said, "Yes, and further charges to follow, I suppose?" I brought him to London by train. On the way he said, "I have written to Dr. Edlin; he left me in charge of the flat; in fact, he handed it over to me and authorised me to use his name." The police at Torquay handed me Exhibit 1, which I showed to prisoner at the West London Police Court on November 17. He said, "That was the letter I sent to Dr. Edlin."
JOHN HILL SHINNER , clerk in the Investigation Branch, General Post Office. The signatures on Exhibits 3, 4, 5, and 6 appear to have been written by the individual who wrote the letter to Dr. Edlin (Exhibit 1). The signatures are a good imitation in point of formation of the letters, but not as regards the style of writing.
JOHN A. STOWELL (prisoner, not on oath). I looked after the flat at Dr. Edlin's request. He showed me a receipt for £3 in the name of Essex, and said, "You are the landlord, and I am only the lodger. If they come for the furniture they cannot have it, because everything in the flat is yours. I give you sole authority to do anything you like in the flat." Dr. Edlin owed me over £12, and I withdrew £11. I wanted what was due to me, and I consider I was quite justified in doing what I did. This is a vindictive prosecution.
Convictions proved: June 17, 1905, forgery, Oxford Assizes, sentence, five years' penal servitude and three years for false pretences, to run concurrently; June 25, 1898, stealing a bicycle, 5 years; January 6, 1908, one month at Colchester, stealing a watch and chain; in 1887, six months at the Oxford Assizes for forgery and embezzle meat; six months in 1894; three months at Lambeth in 1895, for
stealing a bicycle, and 12 months at Aldershot for false enlistment; on January 5, 1908, one day at the Essex Quarter Sessions for attempted suicide. Prisoner also failed to report on February 28, 1908.
Sentence, Five years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 12.)
Mr. Pickersgill prosecuted.
JOSEPH HOBDAY , barman, "Bromley Arms," 84, Cleveland Street, W. On December 3, between 5 and 6 p.m., prisoner called for a glass of beer, and presented a shilling which I found to be bad. She disputed that it was bad. I asked her where she had got it from, as she might get into trouble. She said she had got it from a baker's shop in Clipstone Street. I returned the coin, and she left after drinking the ale, saying she would pay for it later on. Two or three days afterwards she returned. She said she had been to the baker's and bought bread, etc., with a two-shilling piece, receiving the bad shilling in change. She then paid for the glass of ale.
MAUD ALLEN , 22, Clipstone Street, tobacconist and newsagent. I have known prisoner as a customer and as living in the neighbourhood On December 3, between 5 and 5.30 p.m., I was standing outside my shop when prisoner came up with two children, and said she had been to a baker's shop, changed a two-shilling piece, received a bad shilling in change, had gone back with it, and they had given her another bad shilling, which they would not change at a public house, and she was going to try next door ("The Fitzroy Arms") and see if they would change it.
Cross-examined. I do not know where the prisoner lives. Plan produced fairly represents the position of Cleveland and Clipstone Streets.
ARTHUR SELFE , barman, "Fitzroy Arms," Clipstone Street. I know prisoner as a customer. On December 3, between 5.30 and 6 p.m., she called for a glass of beer, 1d., and tendered a shilling, which I found to be bad. I told her, and she said, "It is very funny, it is the second one I have had to-day." I asked where she had got it from, and she said from a baker's shop opposite. I called my employer's attention to it, and he advised her to take it back to the baker's. She went out, and I saw her go across to the baker's. She did not pay for the beer, but called a day or two afterwards and paid for it.
Cross-examined. I watched prisoner through the window go to the baker's.
JOHN PRIOR , licensee, "Fitzroy Arms." On December 3, between 5 and 5.30, Selfe handed me a bad shilling, which he said prisoner had tendered, and which she said had been given to her by Mrs. Crist, the baker. She said, "This is the second one she has given me." I advised her to go back with it, and saw her cross the street to the baker's shop.
EMMA CRIST , wife of Joseph Crist, 26, Clipstone Street, baker. On December 3, a little after 3 p.m., prisoner came into my shop, bought, two halfpenny loaves and a halfpennyworth of bread, gave me a two-shilling piece, and I gave her 1s. 10 1/2 d. change. About 5.30 p.m. she returned and said, "This afternoon you gave me a bad shilling in my change." I said I did not think so, but she insisted that I had done so, and I gave her another shilling, receiving the bad shilling (produced), which I put on the back of the counter, and afterwards handed it to a police-constable. My husband was present, and saw the second shilling that I gave her. Seven or eight minutes after-wards she came back and said that the second shilling was bad, and that she wanted another one for it. I said I was sure that I had given her a good one on the second occasion, and refused to give her another; we had an altercation, I threatened to send for a policeman if she did not go out of the shop. She refused to go, and my husband fetched a policeman. I knew prisoner as an occasional customer for penny and halfpenny loaves.
JOSEPH CRIST , 26, Clipstone Street, baker. On December 3, between 5 and 6 p.m., prisoner came into my shop with a bad shilling, which she said my wife had given her in change of a two-shilling piece. My wife denied it, but as the prisoner insisted that we had given her the bad shilling my wife gave her a good one, which I saw, and which I am certain was good. The prisoner then left. About seven or eight minutes afterwards she returned and said that my wife had given her another bad shilling, handing the discoloured coin (produced), which was given to the constable. My wife and I both denied that the second shilling given to the prisoner was bad. I ultimately fetched a policeman.
Police-constable FREDERICK HEWITT, 364 D. On December 3, at 6.22 p.m., I was called to the baker's shop, 27, Clipstone Street. Mrs. Crist said that the prisoner, at about 2.30 that afternoon, had paid a two-shilling-piece for some bread and received 1s. 10 1/2 d. in change; that some time afterwards she had returned, said that she had received a bad shilling, and had received a good one from Mrs. Crist; that shortly after she had come back and said that the second shilling was bad. I arrested her, and she said, "You cannot take me for this. I did not notice it was bad until my husband pointed it out to me. The second shilling I received in exchange was a bad one."
The Common Serjeant. What is the case here? Where do you say there is any putting off of a bad coin as a good one?
Mr. Pickersgill submitted that there was sufficient evidence of felonious uttering. (Cited Russell on Crimes; Archbold; R. v. Franks, 2 Leach, 736.)
The Common Serjeant decided to leave the case to the jury.
JESSIE SHAW (prisoner, on oath). On December 3, a Friday after-noon, my husband gave me a two shilling piece, which was all the money we had. I bought bread for 1 1/2 d. at Crist's and received a shilling and 10 1/2 d. in coppers. I then spent 3d. at a milk shop, took it home and put the coppers on the mantelpiece. I afterwards went to the "Bromley Arms" and asked for a half pint of beer, tendered the shilling, and was told by Hobday it was bad. I said, "I know where I got it from; I will take it straight back to Mrs. Crist," which I did, and she willingly changed it. I then went to the "Fitzroy Arms." across the road, and asked for a glass of ale, when I was told that the second shilling was bad. I went straight across to Mrs. Crist, when she denied that she had given me the second bad shilling. I Had no more money on me or at home and I was quite certain she had given it me. I do not say she gave it me knowing it was bad. We had an altercation and Mr. Crist went for the police.
Cross-examined. What Maud Allen has said is false. I never spoke to her. I did not see her at the shop door. I had my two children with me. I did not go to the milk shop with the shilling. I went to the "Bromley Arms" and tendered the first bad shilling and did not pay for the ale because I had no other money on me. I did not go back to the "Bromley Arms" the second time because the "Fitzroy" was directly opposite the baker's. At the "Bromley Arms" they knew me as a customer; I live next door.
Rev. ERIC BERNARD RAY, assistant curate, All Souls', Langham Place, stated that he had known the prisoner and her husband for four years and that she had borne an honest character during that time.
Prisoner stated that her husband was a hard-working and respectable man, that she had six children, and that she was absolutely innocent of the charge.
Verdict, Not guilty.
REED, Joseph (65, foreman), THOMPSON, Albert (46, labourer), SARGEANT, William (40, carman), and CANTOR, Henry William (38, labourer) , all stealing on October 22, 1909, a load of timber, on November 9, 1909, a load of timber, the goods of Benjamin John Grover and another, the masters of the said Reed, Thompson, and Sargeant; feloniously receiving the said goods well knowing them to have been stolen; on October 22, 1909, and divers other dates between that day and November 9, 1909, conspiring and agreeing together to commit the said offences.
Mr. Travers Humphreys prosecuted; Mr. Forrest Fulton appeared for Reed.
Thompson, Sargeant, and Cantor pleaded guilty to both charges. Reed pleaded guilty of stealing and receiving on November 9.
Sentences, Reed, 15 months' hard labour; Thompson, 12 months' hard labour; Sargeant, Nine months' hard labour; Cantor, Six months' hard labour.
Mr. Ernest Walsh prosecuted.
JOHN COHEN , 115, Jubilee Street, Mile End, baker. On November 30, just after midnight, I went with a young woman to 24, White's Row, paid another woman 1s. 3d. for the room and the woman I was with 2s., and we went into the second floor back room. After I had been in two or three minutes prisoner came in and asked me what I was doing there. I told him I came with this young woman. Prisoner seized me by the scarf round my neck and twisted it until I could not breathe, put his hand in my pocket and took my money, which was about 2s. The young woman meanwhile ran out of the room. I ran down the stairs and spoke to a constable. We then went to the station and the inspector sent a sergeant with me, who arrested prisoner.
Cross-examined. Prisoner did not tell me to be off and push me out of the room—he simply got hold of me by the scarf and took my money.
Police-sergeant WOODWARD. On November 30, at 1.30 a.m., I received a communication from the prosecutor and went to 24, White's Row, where in the back room on the second floor I found the prisoner with a woman he is living with. I told prisoner that the prosecutor complained of having been assaulted and two shillings taken from his overcoat pocket. Prisoner said, "The man Cohen does not know what he is talking about—it is a wrong charge." The prisoner and prosecutor were both sober.
JOSEPH MULLINS (prisoner, on oath). On the night in question, on returning to my room, I found the prosecutor and a strange woman there. I was surprised to see him there and said, "What are you doing here?" He said he had come with the woman for a certain purpose. I said, "Get out of this; you have no right here." The house where I live is a tenement house with 16 rooms, and the street door is always open so that anyone can come in. Prosecutor would not go out, so I got hold of him by the neckerchief and pulled him out of the room. About three-quarters of an hour afterwards he returned with the police-sergeant and said that I had taken a two-shilling piece from him. The sergeant said, "Well, what have you to say to this?" I said, "I cannot understand what he is talking about." The sergeant asked me to accompany him to the station, and I said "Certainly,"
and went with him, and after waiting 20 minutes or half an hour at the station I was charged with assault and robbery.
Cross-examined. I went home about 12.40 a.m., just after the public-houses closed—I had been drinking with some friends. Prosecutor did not say he had given the woman 2s. or that he had paid 1s. 3d. for the room—I knew nothing about it. I had never seen the young woman or the prosecutor in my life before. I went out to look for the woman I was living with—she had not come home. I am a bricklayer by trade, but my trade is bad and I work as a dock labourer; I have had employment at the Hermitage, Dundee, and America wharves and at other places in Thames Street.
Sergeant WOODWARD recalled. I had to get the caretaker to open the door of the house. Prisoner's room was locked and he opened the door. I have seen the prisoner and the woman I found with him together.
JOHN COHEN recalled. When I went to the house there was a woman standing downstairs, and the young woman I was with asked her, "Is it all right upstairs." She said "Yes" and opened the door and let us in.
Prisoner confessed to having been convicted at Clerkenwell on April 4, 1893, receiving three years' penal servitude for stealing money. Other convictions proved: April 16, 1869, 10 days and five years in a reformatory for stealing; April 27, 1874, one month for stealing; June 7, 1875, at this Court, seven years' penal servitude and five years' police supervision, watch stealing; July 26, 1886, Middlesex Sessions, 12 months for receiving; January 9, 1888, at this Court, five years' penal servitude possession of house-breaking implements; April 7, 1896, three years' penal servitude for possession of house-breaking implements. Released July 15, 1898, since which date prisoner had had no conviction for 11 1/2 years. He was stated to have obtained work.
Sentence, 20 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 12.)
IRONS, James Provan (48, commission agent) , being an undischarged bankrupt, unlawfully obtaining credit to the extent of upwards of £20, to wit, £720 8s. 11d. from Berlandina Brothers, Limited, and George Patrick William John Cruickshank, and £378 2s. 9d. from William Tullock Halle, without informing the said persons that he was then an undischarged bankrupt.
Mr. Leycester prosecuted; Mr. Forrest Fulton defended.
WILLIAM GEORGE BENSTEAD , Examiner in the Official Receiver's Department, Bankruptcy Buildings. I examined prisoner in his bankruptcy in 1895. I cannot identify him as the person I examined at that time, but I identify him as the person I examined in his bankruptcy in 1909. His liabilities in 1895 amounted to £1, 892 13s. 11d., and assets nil. In the latter examination he admitted the previous bankruptcy, and stated that a receiving order was made on August 23, Prisoner has never been discharged from that bankruptcy. He was made bankrupt in 1909 on the petition of Berlandina Brothers, Limited, dated January 28, 1909. The receiving order is dated February 19, and he was adjudicated bankrupt on April 16, the statement of affairs was sworn on April 21, and amongst the unsecured creditors, Messrs. Berlandina Brothers appear for £720 8s. 11d. for differences on turpentine. The name of William Tullock Halle appears as an unsecured creditor for £372 2s. 9d. for differences on stocks.
Cross-examined. The examination was not taken upon oath. The questions put to the prisoner were formal questions from a printed form.
ARTHUR BERLANDINA . In 1907 I was secretary of the firm of Berlandina Brothers, Limited, carrying on business in Trinity Square, London. On November 9 in that year I introduced prisoner to the firm. He never at any time informed me that he was an undischarged bankrupt.
Cross-examined. I never suggested to the prisoner that he should speculate in oil. The understanding between us was that Berlandina Brothers were to carry out his orders as brokers. Oil would have to be delivered each month, but before the time of delivery the firm would buy back from him the oil he had previously purchased from them. If the market went up he would make a profit, but if it went down he would lose.
GEORGE P. W. J. CRUICKSHANK , director of Berlandina Brothers, Limited, commission merchants and brokers. I identify Exhibit 1 as the first order I received from prisoner. In accordance with that order I sold him 400 barrels of turpentine between January and April, No turpentine was ever delivered, either by me to him or by him to the company. The result of the transactions up to July 24 was that there was due from prisoner to my company £105 12s. 4d., for which he gave me a cheque, produced, which was returned, marked "Refer to drawer." Prisoner afterwards sent a cheque for £50 on account of that transaction, which was honored, but I have received" no further payment from him. We had various other transactions and by December prisoner owed my company altogether for losses £770 8s. 11d., the only payment received being the cheque for £50. My company presented a bankruptcy petition against him. He never informed me that he was an undischarged bankrupt.
Cross-examined. The transactions between us were a speculation in differences. The understanding was that my company was to buy back the oil from prisoner. We did not always sell to him at the price we bought. When prisoner instructed me to buy turpentine I
did, in fact, buy it, and when he instructed me to sell, I sold, and was liable to other persons upon each transaction.
WILLIAM TULLOCK HALLE , a member of the London Stock Exchange, carrying on business in Warnford Court under the name of James Turnbull and Co. About the end of 1907 I became acquainted with prisoner, who introduced business to me on half-commission. After-wards he did business with me himself. The first transaction resulted in a loss to prisoner of £129 11s. 6d., which he paid. Further transactions resulted in losses, amounting to £123 1s. 7d., which were paid. In October, 1908, there was a transaction which resulted in a gain of £17 3s. 7d. to the prisoner, which I paid. For the account day on October 11 prisoner owed me a difference of £153 13s. 8d. I was personally liable for that amount. I carried it forward at his request. By February, 1909, the amount due to me had increased to £378 2s. 9d., when I closed the account. He has never paid me that sum, and I have had to pay it to the persons I dealt with. Prisoner never informed me he was an undischarged bankrupt, nor was I aware of the fact.
Cross-examined. I knew prisoner 12 months before I did any business with him. I have always found him strictly honest and straightforward. He told me he had been unfortunate in business when he defaulted, but not before, otherwise I should not have under-taken to do business to any extent with him.
Mr. Forrest Fulton submitted that with regard to the count relating to Berlandina Brothers, there was no case to go to the jury, on the ground that the transaction was void in law, because it was a gaming contract, and no legal credit could arise under it (See 8 and 9 Vic, e. 109, s. 18; Grisewood v. Blane, 11 Common Bench. 526).
Judge Lumley Smith ruled that the point was not a good one, and declined to stop the case.
After an interval Mr. Forrest Fulton stated that the prisoner, in view of his lordship's ruling, would withdraw his plea of not guilty and plead guilty.
Sentence, One month's imprisonment, second division.
He was released on his own recognisances to come up for judgment if called upon.
Sentence, One month's imprisonment, second division, and payment towards costs not exceeding £10.
Dr. Clement Gatley prosecuted; Mr. C. A. H. Black defended.
JAMES CRISP . On December 9 I was carrying the clothing in question on my barrow, and when in Fenchurch Street I asked a boy road-sweeper to mind the barrow while I made a call. On my return the barrow was gone.
Detective JAMES COLLINS. At 3.30 on December 9 I saw prisoner wheeling the barrow in Eastcheap. His conduct aroused my suspicions, and I followed him over London Bridge into Southwark Street. I stopped him at the end of Blackfriars Bridge Road, and asked him what he had in the barrow. He said at first, "I do not know," but afterwards he told me it was overcoats. I asked where he got them from, and he said Fenchurch Street, but did not know the name of the firm. I said, "Have you any invoice or anything to show that you are entitled to have the goods in your possession." He said, "No." I took him into custody and charged him with stealing and receiving the property; he made no reply.
Cross-examined. He said a man had asked him to push the barrow to Stamford Street and meet him there.
RICHARD VICKERY (prisoner, on oath). About half-past three on December 9 I was in Fenchurch Street, making my way over the water. I was called by a gentleman about two doors from Rood Lane. He asked me if I wanted a job. I said, "Yes, what is it?" He said, "I want you to push that barrow to Stamford Street, and I will give you 1s. 6d. when you get there." I said, "Very good, that's me." I did not know the man. He wore a bowler hat and a dark brown jacket and waistcoat, and had on a gold chain. He appeared a fairly well-to-do man. I did not steal the barrow containing the goods, nor did I know they had been stolen.
Cross-examined. The man did not tell me the number of the house in Stamford Street I was to take the goods to, but he told me to take them a little way up on the right-hand side, and wait there for him I did not know what the barrow contained until I looked inside.
JAMES BENJAMIN ANDERSON . I am a street orderly boy and am sixteen years old next December. I was in Fenchurch Street on December 9 when witness Crisp asked me to look after the barrow for him. A well-dressed man came up to me and said, "Do you know Mother Marshall, Tommy?" I said, "No, sir." He said, "You do not know Mother Marshall, a lot of you boys working along here know Mother Marshall." I said, "I have only been on here about four times." He then walked away, and when I looked round the barrow was gone.
Cross-examined. The man who spoke to me was not the prisoner. Someone must have stolen the barrow while I was talking to the man.
Several previous convictions were proved.
Sentence, Nine months' hard labour.
BEFORE MR. JUSTICE RIDLEY.
(Thursday, January 13.)
Mr. Bodkin and Mr. Roome prosecuted; Mr. G. F. Mortimer defended.
WILLIAM SHEPHERD , road foreman to the Hornsey Borough Council. Christopher Read was a road man under me, he was about 66 years old, hale and hearty. He had charge of a section of the Great North Road between Highgate and Finchley. On the night of December 19, there was a surface frost on the road, and I went to Read's house and instructed him to grit his section. The road is well lighted.
Cross-examined. I do not know whether Read had been at work during the day. The grit used was 3/8 in. grit.
PERCY GEORGE CRAWLEY , architect, 7 Woodview Gardens, High-gate. On December 19, just after 11 p.m., I was in the Great North Road, walking towards London; I saw Read wheeling a barrow in the road; I passed him. A motor car came to me; it was going very fast, it occurred to me that it was dangerous and that I should not like to be in the car. The road was almost covered with ice; there had been a slight fall of snow or sleet. The motor-car passed me, and passed a tramcar that was going towards London. I heard a shout, and on turning round I saw the motor-car cross the road to-wards my side, sparks were coming from under the wheels; I heard a crash and knew that there had been an accident. I had heard no horn sounded. I saw the body of Read lying on the road, and went to the police station for the ambulance. On returning I made measurements of the tracks on the road. The motor-car had run into a tree and knocked it down before coming to a stop. From the tree to the place where the car had commenced skidding was 105 ft.
Cross-examined. The skidding commenced before the place at which Read was struck; the car had begun to swerve before it reached him. There was no sign of the barrow having been struck.
WILLIAM JAMES BRAITHWAITE , driver of the tramcar spoken to by Crawley, said the motor-car was travelling at 28 to 30 miles an hour. THOMAS ARTHUR WILLIAMS, conductor of the same tramcar, said the motor-car was travelling at a very high rate of speed. EDGAR ROBINSON, driver of a tramcar that was going from London to Finchley and who witnessed the accident, put the speed of the motor-car at 25 miles an hour.
Police-sergeant WILLIAM RAY, Y Division. On the night of December 19 I was cycling along the Great North Road, when I heard
the motor-car behind me; as it got level with me the horn was sounded; the car passed me at about 25 miles an hour, and someone in it booed at me. A little later I went to the place where Read was killed. I found the car facing towards North Hill. (it had turned completely round); it was close to a tree that it had knocked down; one of the hind wheels was smashed; this was the car that had passed me just previously.
Cross-examined. Defendant did not seem very much upset. He was not at all under the influence of drink. The coroner's jury brought in a verdict of accidental death. I was in uniform when the car flashed past me; the road is well lit and I could read part of the identification plate.
Police-sergeant WM. FARRELL, 81 Y, said that on going to the place of the accident and seeing that Read was dead, he asked prisoner to accompany him to the station. On the way there prisoner said, "I was driving along and I saw the man, and did my very best to avoid running into him; you can see how I pulled the car across. I did not mind about smashing the car a bit; I did not want to hit him. It is terrible. Do you think he is dead? It is fearful. You see, the road is a sheet of ice."
HENRY LONSDALE GREGORY , M. B. On December 19 I was called to the police-station and there saw the dead body of Read. On December 21 I made a post-mortem examination. The left thigh was broken, the skull smashed, the neck broken, right ribs broken, and bruises in different parts of the body. I concluded that the car struck the man on the left thigh and buttock and threw him on his head and shoulder.
JOSEPH ELLIOTT , of the Public Carriage Office. On December 20 I examined this car. It is a 40-50 h.p. six-cylinder Rolls-Royce, weighing (empty) about a ton and a half. The steering gear and brakes were in good condition; the car was badly damaged at the back. It had metal-studded non-skid tyres.
Cross-examined. Those tyres would be less effective on a road covered with ice than ordinary rubber tyres.
Re-examined. The skid of 105 feet would indicate that the car was going at a speed which rendered it beyond the driver's control.
HARRY LEONARD ALLEN (prisoner, on oath). I am 23 years old. I was apprenticed for five years to the Rolls-Royce Company, and was with them for a further two years, latterly as superintendent of the London repair depot. I hold a driver's license; I have driven thousands of miles and have never been in an accident or trouble at all. On the day preceding this accident this car was handed to me to be tested on roads; on that day I could not test it completely, so I took it out on the following day. I started from the depot in Edgware Road. In North Finchley I called upon two friends, Collins and Carslake, and drove them to a skating rink in Holloway Road. Afterwards we went into the "Archway Tavern "; there I had three whiskies and sodas; the drink had no effect at all on my capacity for driving. I then
drove towards Finchley, in order to drop my friends at their home. I remember passing Sergeant Ray; nobody in the motor-car booed at him; we were then travelling at 15 miles an hour. From the fire alarm on to the "Bald-faced Stag "I had a perfectly straight view Coming up the hill from the "Archway Tavern" the road surface was quite wet, and I had not noticed any change up to the time of the accident; I did then notice that the road was very frosty and slippery, and there were pools of ice about. I had not come through any sleet. Crawley is mistaken in saying that there was a shout just before I reached Braithwaite's tramcar; I shouted just as we got beyond that car, as soon as I saw Read. Directly after passing the tramcar I saw Read about 20 or 30 yards from me; I did not see his barrow; he was walking toward me; he made no attempt to get out of the way. Immediately I shouted out; I touched the horn slightly and then pulled over the steering gear to the right. The wheels of the car seemed to just touch the tram line and then commenced to slide, to curve across the road, and I felt the back of the car hit something; I must have caught the man with the rear splashboard. At the time the car was skidding; I had applied the foot brake, which did not act at all; then the side brake, which acted just a little, not much. The car came to a standstill on knocking down the tree. I at once jumped out and ran to the man Read.
Cross-examined. I had not noticed that the road was gravelled. I did not notice that the road was icy and slippery till I applied the brakes. I am positive that I was not going more than 15 miles an hour when passing Ray; when passing Robinson's tram I was going at 18 miles an hour, picking up a bit. I can judge the speed I am going at by the beats of the engine. I am sure that the three drinks I had had did not affect me in the smallest. If Read had moved only two feet to the side I should have passed him safely. I do think that 18 miles was a proper speed under the circumstances.
Re-examined. Collins was sitting beside me; he had his coat over his head; Carslake was sitting behind me; neither saw anything of this occurrence.
CLAUDE JOHNSON , managing director of the Rolls-Royce Company. Defendant has been in our employ five or seven years and bears an excellent character. It was within his duty that he took out this car on December 19. I have had considerable experience of motor-cars. Non-skid tyres are of great use on greasy roads, but of no advantage on an icy road. It is most difficult from a stationary vehicle to judge the pace of a passing car.
Cross-examined. If the driver had knowledge of the state of the road his speed ought to have been less than 18 miles an hour; it would be very difficult for him to have such knowledge.
Verdict, " Guilty; we find that prisoner was driving at a speed which was careless and reckless, and considering the state of the road it amounted to culpable negligence; we recommend him to mercy on account of his age and good character."
Sentence, Six months' hard labour.
BEFROE THE RECORDER.
(Thursday, January 13.)
DONOHUE, David (45, porter), SMITH, James (42, porter), BRENNAN, Thomas (39, porter), WILKINSON, John (38, stoker), OWENS, Hugh (37, tinsmith), ALDOUS, George (28, dealer), and BROWN, John (25, barman), were indicted for breaking and entering the shop of David White and stealing therein one iron safe, the sum of £161 12s. 9d., postage stamps to the face value of £324 3s. 5d., and postal orders for £896 1s. 6d., the goods and moneys of the Postmaster-General.
Mr. Forster Boulton and Mr. Harvard Pierson prosecuted; Mr. Burnie and Mr. St. John Macdonald defended Aldous and Brown.
Owing to the illness of Wilkinson the Recorder postponed his trial till the next Sessions, after having heard the evidence of the medical officer from Brixton Prison.
DAVID WHITE , sub-postmaster,. 84, Goswell Road. I left my premises at half-past two on December 6 locked up. The safe was in the office. I returned home. I was fetched by the police about 20 minutes past 12 and found the front door burst open. Goswell Road is a main thoroughfare. At half-past three next morning I saw the safe at a house in Rosebery Avenue.
Cross-examined. The safe was damaged, but had not been opened.
Police-constable DICKINSON, 96 K. On December 8 I examined the premises, 84, Goswell Road, at 25 minutes past 10, and found the door open. The padlock was broken and the bar taken down. I produce the bar. I know the premises well and had been there every night that month.
Police-sergeant JAMES LAING. On December 9 I went to 84, Goswell Road and saw David White, who made a complaint to me. I then went to 79, Rosebery Avenue and examined the steps; they had recently been chipped. The front was in darkness. I went down a mews to the rear and saw a light in the back parlour. I could hear a tapping noise coming from the room. I saw a safe in the room. I was standing in a high position and looked down into the room. I saw all the prisoners busily engaged trying to force open the safe. I was joined by Sergeant Leach, who went to get assistance. We arranged for a knock to be made at the front door. The men came out to the back door. Leach and I jumped into the yard. The prisoners rushed back into the house; I followed and found Brennan,
Wilkinson, and a man named Frank Stanley in the room where the safe was. Leach went upstairs and pushed Smith downstairs. I hit Brennan in the jaw. Two men (Brown and Owens) came out of the front parlour and made a rush for the street. Leach brought Donohue and Aldous downstairs and I put them all in the back parlour. I told them I should take them all to the station for being concerned in stealing a safe and breaking into the shop in the Goswell Road. At nine p.m. on December 22 I saw Brown in the "Golden Lion" public-house, King's Cross Road I took him into custody. He said, "I know nothing about it; speak the truth, Jerry, you know you did not see me in the room." I had seen him trying to force the safe open. I have known Brown eight or 10 years. I produce a quantity of tools which were lying on and around the safe.
To Donohue. There was nothing on the window except a little curtain.
To Smith. I took the man oh the first floor into custody to satisfy ourselves he was not concerned in breaking open the safe.
To Brennan. You were in the room when I punched you in the jaw.
To Owens. The front parlour door is 2 1/2 yards from the street door. I saw you sideways. You were not in the mews.
Cross-examined by Mr. Burnie. Stanley was charged before the magistrate. Aldous occupies the house. Stanley said in the presence of Aldous that he had been there with a woman; she had gone before I got there. I got on the wall with Leach. I had been on the wall before. I may not have said so at the police-court. The wall is about 14 ft. from the window. I was on the wall with Leach about 15 minutes, watching to get a good look at the prisoners. Shortly after I heard the tapping Leach joined me. I did not recognise all the prisoners; I was looking to see what was being done. I saw all the soners and Wilkinson in the room. There was a bedstead undone against the wall. There was not much room. They were drinking beer out of cans. There was a gaslight with an incandescent mantle. I pushed Brennan back into the room just after Owens and Brown ran out: they came out very quickly and did not stand to let me look at them.
Re-examined. I had an unobstructed view of the window from the wall.
To the Jury. The back window is 6 ft. from the ground. The wall I was on is 10 ft. high. Prisoners might have got out of the window.
Detective-sergeant CHARLES LEACH. On December 9 I saw Sergeant Laing and examined the steps of 79, Rosebery Avenue; they showed signs of being recently chipped. There was no light in the front. I saw a light in the rear; I got up on a wall and looked in. There was nothing to prevent people seeing in except a small piece of curtain I noticed a safe in the centre of the room and saw all the prisoners there. I identify six of them. Wilkinson was also there and a man named Stanley, who was discharged at the police-court. I knew Aldous, Brown, and Brennan by name; I knew Owens by sight. I left Laing and obtained the assistance of three constables. The uniformed
men knocked on the door with the knocker. I saw prisoners rush out of the room to the back. They noticed us and rushed back into the house. I ran into the house. Laing shouted that some of them had run upstairs. I noticed Brennan, Wilkinson, and another man in the room. I ran upstairs and found Smith. He struggled; I got him downstairs and handed him to Laing. I went upstairs again and found prisoner Donohue lying on the bed fully dressed. We had a struggle. I got him downstairs and handed him over to Laing. I went upstairs again and found a man under the bed. I said, "Come out of there." He took no notice, so I dragged him from under the bed. He was prisoner Aldous. His coat was off and he said, "I was in bed, having a sleep." I said, "You will have to come with me." He said, "Not me." I got him downstairs and he was placed with the others. He had no coat on; I found it lying on the floor of the room. I went upstairs again and found another man, the Italian, who was released. The prisoners were subsequently taken to the station, except Brown, who got away.
To Donohue. There was one bed where I found you. It was very much disarranged.
To Smith. At the police court I did say you struggled. I also said I could not identify Stanley. I made a mistake in saying Stanley was one of them. I do not remember a uniformed officer being in the yard.
To Brennan. I do not complain of you hurting me.
To Owens. There is an outhouse at the back of the mews which I stood on.
Cross-examined by Mr. Burnie. I counted the men in the room. I said in chief I was not sure whether it was Stanley. I say now it was not Stanley. I could not have made a mistake about the other men. I was kneeling on the wall. Laing was also kneeling. The wall is 8 to 10 feet high. I have not measured the height of the window; it is about 10 or 12 feet. The actual measurements have been taken. The back room was about nine feet square.
Police-constable HENRY ROOT, 226 G. About two o'clock in the morning of December 9 I was called to 79, Rosebery Avenue, and recognised Owens rushing out of the front door. I chased him and caught him. There was another man I did not know. He said he was down the mews with a woman. I took him to King's Cross Road Station.
To Owens. I marked you and caught you. I did not see a man come out of the window.
To the Judge. There is a turning next to the house which leads to he mews. I am sure Owens came out of the doorway.
Detective-Inspector WILLIAM BURNHAM, G Division About a quarter to one on December 9 I received information of the robbery and sent instructions to Laing by telephone. I live at Richmond. On December 22, about 9.30 in the evening, I saw Brown at the station and told him the charge. He said, "I am not going to plead guilty." We took him in a cab to the City Road Police Station. On the way he said, "If I had been wanted for this I should want to know why Cleary did not pinch me when he saw me in the 'Bull and Ram'; he
knows me well." At the station I said, "That is the safe you are charged with stealing." He said, "It looks a formidable beast." He afterwards said, "Am I going to be put up for identification?" I said, "No, Sergeants Laing and Leach say they saw you in the room with the safe at 79, Rosebery Avenue, and it would be a farce to put you up for identification." When charged subsequently Brown said "All right." Brown also said, "Jerry did not see me in the room Of course, Leach will agree with him. "Sergeant Laing is known as "Jerry" among a certain class.
Cross-examined by Mr. Burnie. I do not suggest by saying "All right" Brown meant to admit the charge.
To the Judge. He denied his identity.
GEORGE ALDOUS (prisoner, on oath). I occupy 79, Rosebery Avenue, with my wife and let rooms out. On December 8 a foreigner was living there with his wife. They occupied the top floor front. The back parlour was empty. At 10 o'clock in the morning a man came to the door and asked for a room. I showed him the back room. He asked how much the rent was, and I said halt a crown a week. He asked when he could move in, and I said when he liked. He left one shilling deposit and the name of Roberts. He said he would move in about 10 o'clock that night. I told my wife about it. About 8 o'clock in the evening I went for a walk down King's Cross and met a friend. I do not know his name. We visited several public-houses. I left him and came to Rosebery Avenue. I went into the public-house on the corner about five minutes to eleven. When I got home my wife said, "They have moved in the back parlour." I said, "That is all right." I think my wife is here. She was expecting to be confined every minute. She said I would have to sit up in case she wanted the doctor. I said, "All right, I must sit up." About 25 minutes past 11 a knock came at the door and I found a young woman named Helen Adams. She asked if I had a bed for the night for her and her friend, who was in the "Wilmington Arms." I went with her to the public-house and saw her friend, who was Stanley. I had a drink with Stanley. I took a drink indoors and stayed in the public-house till half-past 12. We all returned to 79, Rosebery Avenue. I showed Stanley and Adams upstairs and went down to the front parlour to my wife. About quarter past one I heard Helen Adams coming down the stairs. She said, "I cannot sleep, I am going home." I heard a tapping noise in the back parlour as if they were nailing up pictures. My wife had told me the lodgers had come in. About two o'clock I heard Stanley coming downstairs.
To the Judge. My wife might have thought the safe coming in was furniture. I did not know there were a number of men trying to break open a safe.
Police-constable HARRY WOODLEY, 343 H, produced a plan of the premises occupied by Aldous.
GEORGE ALDOUS , prisoner, recalled; cross-examined by Mr. Boulton. I am know as "Ginger" and Smith. I was tenant of 79, Rosebery Avenue. My wife paid rent for it. I sometimes let rooms for immoral purposes. The tenant who moved in on December 8 was not one of the prisoners. I told the constable it was one of the men who got away; there were two that got away. My wife told me when I came in at night that the new tenant had moved in, but she did not say they had come in with something very heavy. My wife was very bad, expecting to be confined, but she got up to let the tenant in. I do not know that eight men were found in the back room. When the police came I was on the bed, not, as they say, under the bed, from whence they pulled me out by the leg. Donohue was not in the same room; there was nobody in that room but me. My wife has not yet been confined; she is expecting every minute. I do not know where she has moved to. It is not true that I struggled with the officer when he took me downstairs. I asked him what was the matter. The constable said he had a knife in his hand and was going to stab me on the landing. It is not a fact that I know all the prisoners very well. I know three of them. I know Brown by sight; we use the same public-house. I have spoken to him twice. I Know Brennan by sight and I know Smith. I know wilkinson by sight; we used to work in the same timber yard. After my wife told me the tenant had come in I did not go into the back room at all. I can give no explanation how all these men got into the house. It was at about one o'clock I heard the tapping. I did not think it a curious thing that tapping should be going on at that hour. Though my wife was expecting to be confined I did not go to ascertain the reason of the tapping. I did not notice a smash on the floor of the back room. I saw a safe in the middle of the room. When I was brought downstairs there were only two men in the room. I do not know where the constables fetched the others from. The man who came and hired the room in the morning gave the name of Roberts. He is not one of the prisoners; if he was I should not be here. I did not ask him for a reference. The man Stanley was there for an immoral purpose.
Re-examined. The wall between the room where the tapping was going on and the room in which I was, was, I should think, 1 ft. thick. It is a brick wall, not wattle and daub. If the men who were, breaking open the safe had tried to muffle the sound by means of cloths I should, of course, not have heard it clearly. It would be impossible for the detective to see through the parlour from back to front, as he says he did; the windows were an inch thick with dirt. When I was taken downstairs into the room where the safe was by the detective the window giving on the back yard was covered with sacks. When my wife let in the new tenant I was at the public house with Stanley. I was not going to bed at all, but was going to sit up in case my wife should want the doctor.
—ALDOUS, wife of last witness. On the night of this occurrence my husband went out a little after eight, and came home again about 11. While he was out there was a knock at the door as near as I can tell between 10 and half past. I opened the door; there were two men there, a tallish man and a short man. I do not recognise either of the prisoners as being those men. One of them said, "We are moving in, missis, into the back parlour." I said, "Very well," and went into my parlour and shut the door. They had a van of furniture, a bedstead and things. That is all I know about it. I was very bad that night, and when the detectives came in they went and got me some brandy.
Cross-examined. It is a fact that I told my husband to remain up that night, as I was expecting my confinement. I have been very bad for months, and have had three doctors in to see me since Saturday week. They told me I ought not to move outside the door. I heard some tapping. It sounded like someone putting a bedstead together. I do not remember whether it was loud; I was in such agony. My husband slept that night at the station. Previous to that my husband had gone upstairs to lie down, and he said, "If you feel bad scream out." I believe there was a blind up before the window of the back room.
Cross-examined. I know two of the prisoners, Aldous and Brown. I have seen Smith. I also know the tall man (Donahue) by sight. He did not use the house, but I have seen him outside once or twice. I have often seen Brown and Aldous together; they are customers of the house. On the night of December 8 I sold Aldous six cans of beer holding a pint and a half each, which he took away with him. He came twice and had two cans the first time and four the second. The man in the light clothes paid for the beer both times.
JOHN BROWN (prisoner, on oath). I was arrested on December 22. The police must have known where I was, as Sergeant Laing has known me for ten years, and if he had wanted me he could have got me at once. I am living at 60, Gee Street, five minutes walk from Rosebery Avenue, and perhaps a quarter-mile from the house in Goswell Road from which the safe was taken. The other officer (Leach) who was with Laing also knew me. I live in his district, and he ought to know. If he had wanted he could have found me within 14 minutes. I have never left the locality and I have not slept from home one night since the burglary till I was arrested. About nine o'clock on December 8 I went to see my mother, who has a stall in Leather Lane, which is perhaps a quarter of an hour's walk from my house. I said, "Hallo, mother! How are you going on?" She said, "Things are not very bright, Jack." "I said, "Well, come and have a drink," and we went across to a public-house called the "Clock House," me, my mother, and a friend, Mrs. Campbell. After we came out we stopped at the stall a considerable time, and as mother was doing no trade we went back and had another drink. When we
came out we stood some time on the pavement and my sister came along. Her name is Ellen Buck. She suggested to me to go to my place and have a jollification on behalf of mother's birthday. Me and my sister went home together on the understanding that my mother and her friend would follow to my address at Gee Street. I am a married man. We got there just after the strike of 11 and mother and her friend reached my place at half-past 11. We started enjoying ourselves. We bought some consuming liquors and started singing. About two o'clock I felt bad—dizzy through the effect of drinking port wine; being a teetotaller I drink port wine. I told my friends I would have a little lay down on the bed with the intention of sleeping, and whilst I laid on the bed I became the victim of what I should call a filthy trick played on me by my sister. She put her hands into a basin of water, put them up the chimney, walked over to where I was lying, and put all the soot on my face. I remained in the room all night. The occurrence with the soot was about two o'clock. Mother and Mrs. Campbell remained with me all night and went away about half-past seven, as it was breaking light, and my sister went away about an hour later. It is therefore an impossibility that I could have been in the room where the safe was broken open.
Cross-examined. I have lived in Gee Street three years. My wife lives there with me. She was at home on this night and took part in the jollification. I do not know whether she is here to-day. It was my sister who told me it was mother's birthday. I am certain all this took place on December 8. It is not a fact that I have made up this alibi.
ELLEN BROWN , mother of John Brown. My birthday is on December In the evening, about nine o'clock my son came to my stall. "Hallo, mother," he said. "I have come up to make a fuss of you. Come over and have a drink." I had a friend with me named Mrs. Campbell. We both went across with him to the "Clock House" and stayed there till half-past ten, I should think. When we came out my daughter came up and said, "Hallo, Jack, this is mother's birthday. We are going home to have a little jollification." I said, "Me and Mrs. Campbell will pack the stall up; you go home and we will follow on." We got to the house about a quarter to 12. We stayed there all night and had a little jollification, and came away the next morning about half-past seven, leaving my daughter there. She stayed to have some breakfast. I went away because I had my stall to seek. I did not go to sleep. My son lay on the bed, but my daughter would not let him doze and blacked his face.
Cross-examined. I have never before been in court to prove an alibi for my son. My son is a teetotaller, but he has a drop of port wine. I did not close my eyes the whole night. We were singing till the landlady called us to order about two o'clock, and then we played dice. None of us went to sleep that night. We did not go there to sleep; we went to enjoy ourselves. There were Mrs. Buck, Mrs. Campbell and me, his wife, and the two children, one aged five and the other three. The children were in bed and kept waking up with
our noise. Whilst we were playing dice we had some tea and some refreshments.
ELLEN BUCK , married woman, sister of prisoner, John Brown. My mother's birthday is on December 8. On the evening of that day I met my brother at about 10.30 outside the "Clock House," Leather Lane. He came out of the house with my mother and a friend. I said, "This is mother's birthday." I went home with him and about an hour afterwards mother and her friend came, and we stayed all night with him. My husband is a porter and packer.
Mrs. MARY ANN CAMPBELL, wife of a printer's labourer, gave similar evidence as to the alleged jollification.
Detective-sergeant LAING, recalled, in answer to a juror, said he had not the slightest doubt that Brown was in the back parlour assisting with the operations on the safe. He was also positive that he saw Aldous, who was in his shirt sleeves. Brown at one time was using a crowbar. Brown and Owens rushed out together and Brown escaped, Owens being captured by the uniform constable. As a matter of fact, he did not know where Brown lived. He informed Inspector Burnham, and a description of Brown was circulated to the Metropolitan police and every effort was made to find him.
DAVID DONOHUE (prisoner, not on oath) said that on the night in question, as he was going up Rosebery Avenue, he saw three men carrying something covered with sacking, one of whom said, "Lend us a hand." They got it into the back parlour of No. 79 and when the sacking was removed he saw it was a safe. One of the men said to him, "Hang that sack up there," indicating the window, and he did so. Seeing that the thing was a safe he asked no questions, and as to the Post Office, he did not know where it is in Goswell Road. As to being on a bed, he never saw a bed in the place, and was in no room except where the safe was. He went on to the stairs and that was where Sergeant Leach collared him.
JAMES SMITH (prisoner, not on oath) accounted for his presence in the house by saying that he had met a female and gone there with her. As he was about to go out into the passage he heard a knock at the door, and somebody said, "Come upstairs." He accordingly went upstairs, and waited on the landing to be let out. Knowing the place was a brothel he thought it was being raided by the police. He knew nothing about the safe, but had gone there for an immoral purpose with a female.
THOMAS BRENNAN (prisoner, not on oath) said he had nowhere to go to, and seeing the door of No. 79 open he went inside and down into the back kitchen. Hearing a row he rushed upstairs, and when he got to the corner of the stairs by the back parlour he got a punch in the jaw and was locked in the back room.
HUGH OWNS (prisoner, not on oath) denied that when arrested hr had come out of No. 79, and stated that he had come out of the adjoining mews where he had been with a woman. He also stated that he had been employed in painting all the houses along there
about 18 months ago, and denied that he could have been seen coming out of the back-room door.
Verdict, All prisoners Guilty, and all confessed to previous convictions.
Detective-sergeant LAING, recalled, said he had known all these men a great number of years, and identified them all at the police court. After they were committed none of them could refer him to any person of whom he could make inquiries concerning them. Donohue, whom he had known for 20 years, was a man of very intemperate habits. Brown was probablytheinstigator of this affair. Smith, who had in or 15 convictions recorded against him, was released from prison on March 16 last year. Brennan had 10 convictions for larceny and assault, and was liberated on March 27 last year; he was looked upon by the police in the neighbourhood of Clerkenwell Green as rather a violent character, and he had been convicted of assaulting the police. Owens was liberated from prison on November 29 last year, and no doubt rejoined his old friends. Previous to his last conviction in January, 1909, he had been for four months with the Galvanising Tin Plate Company at Abertillery, in Wales, where work was found for him by the Church Army. He left there owing to slackness, and through no fault of his own, and when he returned to London he had 12 months under the Prevention of Crimes Act. Aldous, who had eight convictions against him, had told him he was a dealer, but when not in prison he kept brothels. Against Brown there were nine convictions recorded; he was liberated from prison in the first week in February, 1909, and stated that he had been making a book. As to the manner in which the robbery was committed prisoner had a horse and van outside. A trolley was found in the doorway By Sergeant Dickerson, and no doubt they used that to wheel the safe from the back of the premises, then picked the safe up and put in the van, and drove it to Aldous's house, who was there ready to receive it.
Sentences: Donohue, 18 months' hard labour; Smith, five years' penal servitude; Brennan, three years' penal servitude; Owens, four years' penal servitude; Aldous and Brown each five years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Thursday, January 13.)
DUFFIELD, James Alva Arthur , unlawfully writing and publishing and causing and procuring to be written and published certain defamatory libels of and concerning Samuel Vesey Tiddy, Leslie Richard Sankey, and Frank Hardy.
(Trial postponed from last Session to enable a plea of justification to be filed.)
Mr. R. D. Muir prosecuted.
Prisoner pleaded guilty of publishing, and put in a plea of justification.
Mr. Muir submitted that the plea of justification was bad in law.
Held that the demurrer must be in writing; the case was put back for a time. The demurrer having been filed; held that the plea of justification was bad, as not stating that the imputations made were true or that it was in the public interest that the libel should be published.
Prisoner stated that if the Judge directed that he had gone beyond the law he could only express his regret for it, and if he was directed to promise not to repeat the particular libel he would give his promise and would keep it.
The Common Serjeant. I give you no direction. I give you an opportunity, that is all.
Prisoner then pleaded guilty.
Sentence, One week's imp., prisoner to pay the costs of the prosecution and conviction, including the proceedings before the magistrate.
Verdict, Not guilty.
PARSONS, Frederick (48, chef) and JAMES, Herbert (17, porter) , Parsons committing an act of gross indecency with Herbert James, a male person; James committing an act of gross indecency with Frederick Parsons, a male person.
Verdict, Not guilty.
COLLINS, George (33, clerk) pleaded guilty , of burglary in the dwelling-house of Claudius James Ash and stealing therein four vases and other articles, his goods; he also confessed to having been convicted of felony on October 16, 1907, at Newington Quarter Sessions. Prisoner also pleaded guilty of being an habitual criminal. Six convictions were proved.
Sentence, Three years' penal servitude, to be followed by five years' preventive detention.
Mr. Ernest Walsh prosecuted.
Turner and Conway pleaded guilty.
Detective JOHN PAYNE, W Division. On January 6, 1910, at 7.30 p.m., I was with other officers in Norwood Road when I saw the three prisoners near Trinity Road, prosecutor's house being No. 16, Trinity Road. An hour afterwards I saw Conway and Turner in Trinity Road. Their appearance was bulky, and Conway had two cases (produced) under his arm. I said to Conway, "I am a police officer, what have you got there?" He threw the two cases down in the road and ran away up Trinity Road; Turner ran away down Norwood
Road. I caught Turner and found a number of silver and plated articles upon him.
Detective JAMES BELLINGER. On January 6 I assisted in arresting Conway in Trinity Road. He made a communication to me. I picked up two cases containing cutlery near where Steer was standing. I said to Steer, "I am a police officer, and I understand from this man (Conway) that the overcoat you are wearing is his property." He said, "That is quite right," and gave me the coat. I took him to the station; he was charged and made no reply.
Cross-examined. Steer was on the other side of the road from where I picked up the cases standing on the kerb; it was the corner of Trinity and Norwood Roads and about 16 yards from the prosecutor's house.
Detective-Sergeant ROBERT BOWDEN, W Division. On January 6 at 10 p.m. I visited 16, Trinity Road, and found it had been entered through the drawing-room window, the catch having, been forced back.
WALTER STEER (prisoner, on oath). On January 6 I met Turner at the library in Ashford Road and he asked me to go for a walk with him. We went up Norwood Road when Conway came up. Conway asked me to hold his overcoat, and said he would see me at the Park Corner in 20 minutes' or half an hour's time. I went for a walk by myself up Tulse Hill, and was waiting about when I saw the policeman come down Tulse Hill, followed him, and waited at the bottom of Trinity Road. I stopped about 20 yards from Norwood Road when Detective Bellinger came up and asked me whose overcoat I had on. I said it was Conway's coat, and I was arrested. I do not know prosecutor's house.
Cross-examined. I have known Conway three weeks or a month; I have heard he has been convicted at this Court for burglary. I have known Turner five years, and have heard that he has been charged with purse stealing. About 3 1/2 years ago I dropped his acquaintance and I happened to hear about that. They were not quite acquaintances of mine, as I very seldom met them. I did not know there was an unoccupied house in Trinity Road. I left Turner and Conway at about 7.50 p.m. and was walking about till 8.30, when I was arrested. I was surprised to hear that Conway and Turner had been engaged in this robbery, and was still more surprised to be accused of being concerned. I said nothing when I was charged; I had not the chance to say anything.
I did deny it. I said to Bellinger, "I have nothing to do with it."
The Common Serjeant directed that there was not sufficient evidence against Steer, and the jury returned a verdict of Not guilty.
Conway confessed to having been convicted at this Court on December 7, 1909, of burglary, when he was bound over. Turner was stated to have been charged with purse snatching and acquitted in December, 1909.
Sentence: Turner, Eight months' hard labour; Conway, 10 months' hard labour.
Mr. H. G. Meyer prosecuted.
ROBERT BOOTY , 285, Holloway Road, leather gilder. On Saturday, December 4, at 8.30 to 9 p.m., I was in "The George" public house, Eden Grove, Holloway. The prisoner and three other men asked me to stand them drinks, which I did. Prisoner and two of the others came out with me. We walked across Holloway Road, and round some by-turnings into Madras Place, where I went into a urinal. As I came out one of the men got in front of me. Graham held my coat behind, and the third man put his hand in my left trouser pocket and got my money out; then they ran away, and I found I had lost 34s. The next day, Sunday, I went with a police officer to a public house next door to the Northern Polytechnic in Holloway Road, where I saw Graham and pointed him out.
Cross-examined. I did tell the magistrate about going into "The George."
Police-constable JOHN WILD, 37 Y. On December 5 I went with prosecutor to the "Pied Bull." public house, where he pointed the prisoner out, and made a statement to me, and I arrested him. Prisoner said, "I know nothing about it. I have never seen him before." On the way to the station he said, "If this job is brought home to me. I shall get a stretch this time—I have only come out on Saturday from doing 23 months." The prisoner was charged and made no reply.
Prisoner's statement before the magistrate: "Will you send it to the Old Bailey, sir, because I think I will get a fairer chance there?"
WALTER GRAHAM (prisoner, not on oath). Prosecutor did not say before the magistrate that he had been drinking with me. As far as I can understand he must have got drinking so that he did not know who had his money and who did not. He did not go to the police station till the next day. I was in the "Pied Bull" public house drinking with some friends of mine, working men whom the policesergeant knows, when prosecutor came in, and I took no notice of him—I did not know who he was—then went out, found the inspector and a sergeant, and came back and accused me of robbing him. I told him that I had never seen him in my life. I had never seen the
man, and he seemed so confused that I don't believe he knows who robbed him.
Prisoner confessed to having been convicted of felony on April 28, 1906, at Clerkenwell Sessions, and also pleaded guilty of being an habitual criminal.
Convictions proved: June 21, 1887, Highgate Petty Sessions, three months for stealing money: October 10,. 1887, Clerkenwell Police Court, two months for stealing beef; June 7, 1888, Middlesex Sessions, four months for attempting to steal; April 10, 1890, Kent Assizes, 18 months hard labour and two years' police supervision for stealing money; November 2, 1891, North London Sessions, 18 months and three years' police supervision for stealing; November 18, 1893, North London, three months as suspected person; Clerkenwell, six months for assault; December 29, 1895, North London, three months as suspected person; June 17, 1901, Gravesend, three months as suspected person; December 3, 1901, nine months; April 21, 1903, North London Sessions, three and a half years' penal servitude and two years' police supervision for shop breaking: March 14, 1896, South London Sessions, three months and license revoked for house breaking; April 28, 1898, North London Sessions, 23 months for burglary; released on December 4, 1909, the date of the commission of the present offence.
Sentence, Three years' penal servitude, to be followed by five years' preventive detention.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, January 13.)
COHEN, Kaskel (16, tailor) pleaded guilty , of being in the shop, No. 285, Oxford Street, and stealing one overcoat and other articles, the goods of Alfred Symons, and feloniously breaking out of the said shop. A second count charged prisoner with feloniously causing grievous bodily harm to the said Alfred Symons with intent. To this count he pleaded not guilty; the prosecution accepted the first plea.
Mr. Close prosecuted; Mr. Huntly Jenkins defended.
Prisoner was released on his own recognisances in £10, and those of Morris Cohen the like amount, to come up for judgment if called upon.
MOIR, Edward Vincent (35, clerk) , embezzling and stealing £1 19s. 9d., £1 11s. 6d., 10s., 10s., £2 and £508, or there abouts, received by him for and on account of Victor George Jeffreys, and others, the members of the National Society of Telephone Employees, his masters, and having been entrusted with the said several sums of £1 19s. 9d., £1 11s. 6d., 10s., 10s., £2, and £508, or thereabouts, in order that he might apply the same for the purpose of the said Victor George Jeffreys and others, did fraudulently convert the said sums to his own use and benefit.
Mr. Moresby White prosecuted; Mr. Martin O'Connor defended.
CHARLES WILLIAM MESSENGER , Secretary of the Eastern Branch of the National Society of Telephone Employees. On January 2, 1906, I sent to prisoner at our head office the sum of £1 19s. 9d., and received a postcard acknowledging its receipt in the defendant's handwriting. On looking at prisoner's book, in which this amount should have been entered, I do not find it entered. On October 21, 1908, a meeting of the executive committee, of which I am a member, was called, of which the prisoner had notice with a request that he should attend, but he did not do so. At a meeting of the executive committee on November 27, a statement was read from the prisoner.
Cross-examined. The executive committee instructed prisoner to obtain the books which he was to use in keeping the accounts on the formation of the society. I do not remember that the committee gave instructions as to how they should be kept. A balance sheet was issued in 1905, and auditors were appointed to audit the accounts. They certified the accounts as being correct in 1905; the same thing applies to the years 1906 and 1907.
Re-examined. The auditors were merely members of the society and not experienced accountants. The account they certified was really only an account of receipts and expenditure.
STEPHEN MCFADDEN . I was branch secretary at Belfast of the society. I forwarded a sum of £1 11s. 6d. to prisoner at the head office, and a receipt was sent by him dated January 9, 1906. I do not find the amount entered in the branch book kept by prisoner at the head office. In November, 1908, I was in London for the purpose of attending a meeting of the executive committee. I saw prisoner at the Gower Hotel on the 19th. He did not give me any explanation as to where the missing money was. All he said was that he was certain there was some misconception in some way, and a gross mistake had been made. A statement had then been prepared by Mr. Helmore, an accountant, who had been engaged to examine the books, which showed a deficit of £508. I advised prisoner to attend the meeting, but he said he would not, because of the action the emergency committee, which was a sub-committee of the executive committee, had taken, and the way they had dealt with him throughout the whole case, and he did not feel disposed to knuckle down to his inferiors. I discussed the question of certain I. O. U.'s which he mentioned, and which he said were given by officials or members of the society for money he had lent to them, and my impression was from the conversation that prisoner did not acknowledge any deficit. A circular letter was read from the prisoner at a meeting of the executive committee on December 20, 1908, and in April, 1909, a conference was called of all the delegates of the society. At that conference I read on behalf of the prisoner a letter which he had written to me containing three alternatives put by him, one with regard to the withdrawal
of the warrant which had been issued, secondly expelling Mr. Dowdall, and thirdly giving him (prisoner) an opportunity of agreeing to a further audit. The conference rejected the prisoner's proposals, but not unanimously. I communicated the result to prisoner at an address given by him, Poste Restante, London.
Cross-examined. I had been secretary of the Belfast branch since 1905, two or three years previous to my transfer from Belfast to Manchester. The accounts of the society are audited every quarter. For the purposes of an audit the branch secretaries send to the auditors cash sheets and balance sheets. When I was speaking to prisoner upon this matter he said there were certain members of the executive committee he thought were persecuting him. I believe he has always asked for an independent audit of the accounts, and there were several members of the executive committee in favour of granting this separate audit. Some of the members of the executive committee were of opinion that there ought to be another meeting held before proceedings were instituted.
VICTOR JEFFREYS . I have been a member of the society from its commencement, and was appointed secretary in June, 1906. I had previously been treasurer from February, 1907, to April, 1908. From June, 1905, to the end of 1906 the business of the society was carried on at prisoner's house in Minford Gardens, and was afterwards transferred to offices in Great James Street, Bedford Row. Prisoner's salary varied from £2 5s. to £2 15s. per week. In 1905 all moneys were received direct by the prisoner. Towards the end of that year branches of the society were established throughout the United Kingdom, which continued to grow in number and in size. Branch secretaries were appointed to collect the subscriptions of the local members, and from the moneys received they paid the expenses locally incurred and remitted the balances to the head office, accompanied by a monthly statement, and in some cases a weekly statement. Transcripts of those statements were entered in a book at the head office and the original statements kept. There was a book at the head office kept by the prisoner called a petty cash book, and there was also a bank pass-book. Looking at the dates when I was treasurer from February, 1907, to April, 1908, none of the entries "By cash" or "By cash treasurer" represent any sum of money which I as treasurer paid to prisoner. I did not give any of those moneys to him, and, so far as I know, the entries are fictitious. The amounts, "By cash," always appear to be amounts which would just leave a small balance. The moneys entered in no way represent any moneys which had been received during those particular weeks at the head office, either from the branches or head office or anywhere else, so far as can be traced. I have gone into the books with the accountant, Mr. Helmore, and find that the total amounts paid in by the branches exceed the amounts appearing in the cash book as entered by prisoner by £508 9s. 4d. On referring to the entries in the bankers' pass book for the year 1908 no payments were made into the bank to the account of the society until prisoner was suspended, which was in October. I have searched for the branch statements for the year 1906, but cannot find them. On
November 15, prisoner having refused to attend any meetings of the executive committee, I was instructed to inform him that he was suspended from his duties, and request him to hand over the keys and books and papers. In reply, he wrote stating that he was going to consult a solicitor and demand an independent inquiry into the affairs of the society. On November 20 a letter was received from Mr. A. T. Churchman, solicitor for prisoner, and on November 27 a warrant for prisoner's arrest was applied for.
WALTER BLAIKIE , telephone electrician. From September, 1905, to January, 1907, I was treasurer to the society. I recollect a cheque for £25 for the payment of conference expenses being drawn on the Birkbeck Bank and handed to prisoner. I cannot find any entry of the cheque in the cash book as a receipt.
NEWTON EDWARDS . I am a cashier at the Birkbeck Bank, where the National Society of Telephone Employees keep their account. I produce their pass-book, which I have examined with the bank books and find correct. There is an entry that on July 30, 1906, a cheque for £25 was cashed over the counter. There is also an entry of a cheque for £10 drawn in favour of Murphy being cashed, and the money was paid in one £5 note and £5 in gold. On the back of the £5 note there is a portion of an endorsement by prisoner remaining, containing the letters "oir."
OLIVER HAWTHORN . traffic officer in the employ of the National Telephone Company. In 1907 I ordered from prisoner 40 Poole's books, which I sold to various members in the employment of the company and collected the instalments in payment for them, forwarding the money to prisoner. I produce his receipts. Among them is one dated September 5, 1908, for 10s., and another dated September 17 for a similar amount, both signed by him. Looking at the book produced I do not find any entry of either of those items. The book was kept by prisoner and is in his handwriting.
GEOFFREY THOMPSON , telephone inspector. In the autumn of 1908 I recollect prisoner being at Liverpool when I handed him in cash £1 15s., part of the moneys I had collected for my branch. He gave me a temporary receipt, and later forwarded a formal receipt from London. On October 18, about a fortnight afterwards, when I was in London, I handed him 2s. 3d. in cash, also forming part of the proceeds collected from my branch. I have looked through the branch book and do not find any entry of these two sums.
JOHN HENRY HALL , secretary of the Bradford branch of the society. Prisoner was at Bradford in October, 1908, when I handed him £2, which had been paid to me on account of the society. He gave me a receipt produced. He asked me for the money, saying that he wanted it to meet his expenses, as he had not received a cheque from the head office as he expected. I cannot find any entry of the amount in the books.
GEORGE REGINALD HELMORE , Fellow of the Institute of Chartered Accountants. I was consulted first on October 24, 1908, and examined the books. I found the system of account keeping was very unsatisfactory. I saw prisoner on October 26, and told him I did not think
I had got all the statements and vouchers, and asked him if I had all the books. He said, "I think you have everything, but if you have not I am going out of town and shall not be back until next Monday, when I will let you have them." He did not send me anything, but told me when I saw him again that he thought everything must be in the office. I knew then that the whole of the branch statements for the year 1906 were missing, and I told prisoner also that the books of the Western Electric branch were missing. I have looked into the so-called cash book. I do not find vouchers for anything like the items of expenditure entered here. Subsequently prisoner told me he had not been able to find anything further at home, although he had made careful search. He made a possible explanation, which was that he thought during the year 1906 a whole lot of papers and books had been sent to the waste paper mills. I told him I was anxious to get out an account as between himself and the society, and asked him to help me in doing so. As the result of my examination I found various omissions in the books and branch sheets, and the total amount unaccounted for by the prisoner I make out to be £508 9s. 4d. I reported this to the society.
HENRY JOHN BURT . I was employed as clerk at the society's office from February to October, 1906. Prisoner and myself were the only people in the office. When I left in October, 1906, the branch statements which are missing must have been in the office, because I had dealt with them. I left the office for a short time, but went back again in 1907, when certain papers were sent to the waste paper merchant. Those papers passed through my hands, and had they contained the branch statements I should have seen them, but I do not recollect doing so.
Detective-Sergeant WILLIAM C. HAYMAN. I received a warrant for prisoner's arrest on November 27, 1908. I proceeded to his house in Minford Gardens but could not find him. I kept watch and made inquiries, and did everything in conjunction with my brother officers to try and find him, and communicated with the various ports. More than a year passed before I heard or saw anything of him. He surrendered himself at Bow Street on December 23 last. I saw him there and said to him, "I hold a warrant for your arrest." He said, "I am giving myself up, and my solicitor is here." I read the warrant to him, and he said, "We are bringing this up under the Trade Union Act. I wrote to the Commissioner to the effect that I would be here to-day." On being charged he said, "I see," and afterwards, "What is the total amount of the further charges?" I said, "£41 8s. 3d." He said, "They have I. O. U's of mine for £50."
(Friday, January 14.)
appointed and examined the books every two weeks. They gave me instructions, and I generally followed their suggestions. At first the treasurer attended when money was handed over and counted it, and I had to produce the vouchers to the committee. They were afterwards initialled by the chairman. When audits were being held the weekly accounts were produced, and the auditors saw that there were thirteen sheets representing thirteen weekly accounts, or I had to explain their absence. The sheets showed the branch expenditures, and then my cash book and vouchers showed my expenditure. I produced all receipts for payments which I had made, and showed the auditors every penny I had received from the branches, with the accounts appertaining to them. At the end of every quarter my accounts were passed as correct by the auditors. With regard to the omission of the £1 19s. 9d., and other sums, I account for it by the fact that for the first two quarters of 1906 the book was not in existence. Although the book contains entries dated 1905, they were made by myself afterwards. Everything was made up from the loose sheets which were filed for come time and afterwards disposed of.
Cross-examined. I was a fugitive from justice for more than a year, because I had a prospect of making a livelihood in America When I wrote the letter to the executive committee in December, 1908, I was in Belgium. When I was in America I had good work there. I was anxious to return to London. I gave myself up because I only stayed away long enough to get money to come back, and as soon as I was in a position to do so I came back. I knew I was innocent, and that was why I came back. I did not surrender in November, 1908, because I considered the circumstances were against me and at the time I was practically penniless. I made no arrangement with my solicitor to attend and surrender before I went away. I do not suggest that Mr. Helmore, the accountant, is prejudiced in any way, but he is not aware of all the facts, I do not say he is incompetent. I did not assist him because I was not disposed to do so at the time owing to the way the thing was conducted by those who instructed him. I told him everything he required was in the office, and that the clerk was in a better position than I was to give him information. I did withhold information from him because I was not satisfied with the way the investigation had been started and because I had been superseded. The information I withheld was with regard to various receipts and payments and also as to the branch registers. He was basing his statement up on things which were not substantially correct. I contended that I ought to have assistance in keeping the books, but my committee said that I could dispense with a clerk, and they did not supply me with one until nearly 18 months afterwards. When he came back the books were not made up until the beginning of 1908. We kept copies of the branch registers to give us an idea of how the members stood in the respective districts. I suggest that the branch register of 1906, with Mr. Messenger's entry of £1 19s. 9d., is incorrect. I explain it by the fact that these entries were made about six months after the moneys were received and passed by the auditors, from the branch
sheets. I made the entries in the book from the sheets. I am, therefore responsible for the omission which had already been passed by the auditors. I am also responsible for the omission of £1 11s. 6d., spoken to by Mr. McFadden. In 1905 I prepared the sheets which were laid before the auditors, showing the expenses and receipts of the society, but not afterwards. Afterwards it was prepared by Burt, my clerk, but I will not say upon my instructions. I am afraid I left too much to him. He got the figures from the statements, which I signed, with the treasurer. I produced to the auditors on every occasion vouchers for all expenditure.
Sentence, Six months' imprisonment, second division.
BEFORE MR. JUSTICE RIDLEY.
(Friday, January 14.)
BOWES, Margaret (41, cook), and WEBB, Mabel (28, servant) ; both attempting to procure May Bowes, aged 14 years, to become a common prostitute; having the custody of the said May Bowes, did attempt to cause and encourage the seduction and prostitution of the said girl; conspiring and agreeing together to commit the said offence.
Mr. Travers Humphreys and Mr. Roland Oliver prosecuted.
Sentence (each), 18 months' hard labour.
Mr. Justice Ridley made an order (under the Children Act, 1909) that the girl should remain in the care of the Sisters of the Society of the Good Shepherd until she was 16 years of age.
BEFORE THE COMMON SERJEANT.
(Friday, January 14.)
PLOTZKER, Marcus (44, hosier), and PLOTZKER, William (47; hosier), who on December 14, 1909, pleaded guilty of applying to goods false trade descriptions and on certain counts for selling goods to which were applied false trade descriptions, now came up for judgment, and were sentenced jointly to a fine of £5 and to pay the sum of £541 2s. 3d., the taxed costs of the prosecution.
Mr. Horridge drew attention to the amended invoice of the prisoners, which retained the name of "The Irish Linen Company, manufacturers of shirts, collars, handkerchiefs, etc., etc., and every description of house linen," referred also to "House linen department," and contained in small letters: "Notice. Our shop assistants are acting contrary to our express instructions if they under any circumstances enter upon our invoices details descriptive of the articles sold. This invoice is to indicate the goods sold and their prices only. Guarantees can only be given by the principals on application to them at the head offices, 90 and 92, Oxford Street."
The Common Serjeant stated that in the opinion of the Court the form of invoice was open to the gravest suspicion that prisoners intended that similar goods should be sold by shop assistants under representations similar to those now charged and to protect themselves against the representations being legally proved. He passed the sentence entirely irrespective of that consideration.
BEFORE JUDGE LUMLEY SMITH.
(Friday, January 14.)
GRAY, James Douglas Moore (19, motor engineer) 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 £5, with intent to defraud. Stealing a blank cheque form, the goods of Grahame, White, and Co., Limited . Obtaining by false pretences from Allan Leonard Boxill £2, and from William Benjamin Shean £5, in each case with intent to defraud. Prisoner also confessed to a previous conviction on March 19, 1909. Several other previous convictions were proved.
Sentence, 18 months' imprisonment under the Borstal system.
Mr. Martin O'Connor prosecuted; Mr. Gooding defended.
ROBERT BULLIN I am verger of St. Clement's Church, City Road, and produce the register of marriages at that church. On May 16, 1882, I find an entry of marriage between Adolph Burlin and Rosalie Weiss.
EDITH ELIZABETH FORREST . I went through a form of marriage with prisoner at St. Saviour's Church, Manchester, on October 27, 1906 I have lived with prisoner up to the present time and have had three children by him.
ADOLPH LIONEL BURLIN (prisoner, on oath). I am a naturalized British subject. I married Rosalie Weiss in 1882 and lived with her up to 1893, when she began drinking very heavily. She then told me that she was the wife of another man when she married me, and I believed such was the fact when I went through the second ceremony.
Sentence, 15 days' imprisonment, second division.
KIDD, William (22, labourer), STRANGE. Arthur (23, coster), and EATON, William (21, coster) , all feloniously causing grievous bodily harm to James Gregory, a peace officer in the execution of his duty.; Kidd assaulting Thomas Clarke, a peace officer in the execution of his duty
Mr. Leycester prosecuted; Mr. Purcell and Mr. Horace Samuel defended Strange and Eaton.
Police-constable BENJAMIN SPENCE produced a plan showing the Harrow Road, Cirencester Street, and Clarendon Street.
Police-constable JAMES GREGORY, X Division. At 10 p.m. on December 27 I was on duty in the Harrow Road when I was called by the potman to go to the "Devonshire Arms," at the corner of Clarendon Street. I went into the house and saw there the three prisoners and some others. They were shouting and singing and I asked them to leave. They all went except Strange, whom I ejected. Strange was sober, but the other two were under the influence of drink. Outside Strange became disorderly, and he said to me, "I will kick your f—g b—x out. I then arrested him, but he was taken away by the other prisoners and some others and they went down Clarendon Street away from the Harrow Road. I went down Cirencester Street towards the Harrow Road, where I saw Police-constable Clarke and told him what occurred. I was then just at the end of Cirencester Street. Strange and the other prisoners all rushed round the corner, and Strange made straight for me, producing an iron bar and aiming it at my head. The bar was in one piece when I first saw it. (The bar was produced in three pieces.) I received the first blow, which was aimed at my head, on my right shoulder. I was felled to the ground. I got up and closed with him, when I was struck on the head by Strange with the piece of iron. As the result of that I was felled to ground again. When I got up I received a blow across the right eye from Strange with the iron. There is no mark now where that blow was, but I had a black eye and there was a cut. The mark on the left side of my face is the result of a fall or a kick when I fell. As the result of the third blow I was again knocked down and became semi-unconscious. I do not know whether anything was done to me while I was on the ground. That is all I know about it. When I came to I was covered by Mrs. Church, who was lying on me. I have been on the sick-list since.
Cross-examined. I was seen by the Divisional Surgeon yesterday. I had known Strange previously by sight. He has lately been something of a sober man, but before that he was very much given to drink, and when in drink he is very violent. I had not known Eaton before this. There had been that week some very turbulent election meetings, I believe, and I have heard that Strange was concerned in some of them. I have not heard that since he was enlisted to disturb election meetings he had gone back to the drink again. In
the "Devonshire Arms "I asked Strange to leave. He did not say "Certainly, if you want me to, but let me drink up what I have got." He had no drink before him. As he would not leave I took him by the shoulder and put him out. No doubt the process was a bit rough. He became disorderly outside. I arrested him for being disorderly and using obscene language. It would have been easy, of course, for me, knowing Strange, to have applied for a summons against him for the disorderly conduct, but I thought it better to arrest him. It was five or six minutes before I saw him the second time. He was with several others. When Strange assaulted me he rushed out of the crowd straight at me.
Police-constable THOMAS CLARKE, 155 X. On the night of December 27 I saw Gregory near the corner of Cirencester Street and Harrow Road, about 10.30 as near as I can say. During the time we were speaking there was a rush of several men round the corner from the Harrow Road. I identify the three prisoners as three of the men. I was struck in the mouth by another man, not one of the prisoners, and knocked to the ground, and while I was on the ground I was kicked on the right side by Kidd. I was kicked again, but by whom I could not say. When I regained my feet I saw Policeconstable Gregory being held up by some females. I had not see what had happened to him. He was bleeding from the head and seemed dazed. Other police-officers came up afterwards. That is all I saw of the affair. I was stiff and sore on the right side for a day or two, but I was not seriously injured.
Cross-examined. I knew Strange before December 27. I could not say that for something like 18 months he has been off the drink. When in drink he is a violent man and makes himself known. The last two or three times I have seen him he has appeared to be sober. In the Harrow Road there is a place where they have meetings, the Guardians' Offices. I understand that there was a row there on December 22, owing to Mr. Chiozza Money's meeting being disturbed by some men, but I was in the street and do not know what occurred inside. I cannot say whether Strange and Eaton were two of the men who were turned out for disturbing Mr. Chiozza Money's meeting.
BEATRICE CHURCH , wife of William Church, 7, Clarendon Street. On the evening of December 27 I was in the "Devonshire Arms" with a Mrs. Gibson. We heard some quarrelling inside and went out. Outside we saw a lot of men being turned out of the house. I saw Constable Gregory eject "-Ginger" Strange. Outside Strange said, "If you come down here, you f—g b—r, I will do what I can for you." They all ran down the street, using obscene language. Gregory went to arrest him, but he dodged away and ran down Clarendon Street with the rest of the men. Gregory went down Cirencester Street into the Harrow Road. I stood at the top of the street, and who should I see coming up but all the crowd in the middle of the road, the three prisoners being amongst there. I heard "Ginger" Strange say, "If I fall, all stick, boys; if I fall, make a rush." I was still with Mrs. Gibson and a girl named
Williams was also there. When they got to the corner of Cirencester Street the two policemen were standing against the stewed eel shop. When they got to the constables "Ginger" Strange hit Gregory on the head with a piece of iron which he drawed from the back of his coat. It was one of the railings from Clarendon Street. He hit him on the head and knocked his helmet off and the constable fell to the ground. He hit him two or three times with the iron. The constable fell two or three times, and the last time he fell he laid upon the ground. While he was on the ground Kidd and Eaton kicked him. Kidd started knocking the constable about and a man called "Switley"; I do not know his other name and I have not seen him since the night of this occurrence. Me and Mrs. Gibson picked the constable up and put him in Mrs. Owen's doorway. Mrs. Gibson blew the constable's whistle and some other officers came up. Prisoners and the other men all ran away. I knew all the prisoners before.
Cross-examined. I should think there were 12 or 15 men ejected from the public-house. Mr. Strange said he would not move, so the constable had to push him out. I covered the constable in order to protect him. I have not always been a friend of the police. I was here a little while ago in a perjury case, but I was let off. My husband had nine months' imprisonment and I was acquitted. It is not out of gratitude that I became a friend of the police, but having heard what was said I thought I would follow down just to see what they did. I cannot tell whether Strange had been keeping away from the drink lately. Latterly when I have seen him about he has been sober. I did not go to the election meeting; I was at the unemployed meeting.
BRIDGET GIBSON , wife of Charles Gibson, 48, Clarendon Street. On the evening of December 27 I was in the "Devonshire Arms" with Mrs. Church. I saw the potman go for the police; Police-constable Gregory come and I went outside. The constable went in and turned them all out. I saw him turn Strange out and then prisoners and the other men ran down the street. Gregory went in the direction of Cirencester Street. I know Strange and Kidd and I know Eaton by sight. After the constable had gone away I heard Strange say, "Use stick, boys." I ran in front to warn the policeman. At the corner of Cirencester Street I saw the mob. I was standing by the police officer when they came up and Strange deliberately struck Gregory three or four blows with what looked like a piece of iron. The constable fell to the ground. We lifted him up and I turned round and said, "You cowards." I received a kick in my back from Mr. Kidd. I helped to lift the policeman and take him across the road and tore my apron up and tied it about his head. I then blew his whistle as hard as I could. One of the men tried to take it away from me, but I would not let him do so. Then some other officers came up.
Cross-examined. I cannot say whether latterly Strange has been a more sober man than he used to be.
CAROLINE WILLIAMS , 51, Clarendon Street. On the night of December 27 I was in Clarendon Street, near the "Devonshire Arms," and saw Strange ejected. Strange swore at the policeman and the policeman ran after him to arrest him, but the others got him away. Prisoners and the other man afterwards returned and I heard Strange say, "I am going to do the policeman in to-night." He said, "We will do him in to-night if we wait all night." I ran down to the policeman to give him warning. Just as I was telling him they all rushed down and Strange struck the policeman. The other two prisoners were beside him. After the constable had fallen Strange and Eaton kicked him. I saw Kidd knock Police-constable Clarke down. Strange struck the policeman with what looked like a bar of iron.
FREDERICK BALLARD , 87, Bravington Road, Harrow Road. On December 27 I was going along Harrow Road, near Clarendon Street, and saw Constable Gregory eject prisoner Strange. I heard one of the prisoners remark, "If you come down here we will kick your f—g b—x out." (Witness gave corroborative evidence as to the assault.) I did what I could to help the policeman, and while I was assisting him I was struck with something. It caught my thumb, dislocating it.
Cross-examined. I should not like to say whether Strange was sober. I did not smell his breath at the time.
Police-constable FREDERICK TURNER, 121 X. On the night of December 27 I heard the police whistle blown in Cirencester Street and proceeded there. At the edge of a crowd of people I saw prisoner Kidd rushing away with several other men. I cannot identify any of the others. I then found the constables Gregory and Clarke had been assaulted and I and other officers took Gregory to the station. Later on, at about 11 o'clock, I saw Kidd and told him I should arrest him for being concerned with other men in assaulting the police. He said, "I am going home; I know nothing about this affair; why don't you arrest Strange? I have just come out of the 'Princess Alice.'" I took him to the station, where he was charged. In answer to the charge he said, "Yes. What shall I get for that, six months?"
Detective-sergeant WILLIAM BURRELL, X Division. On December 29 I had a warrant for the arrest of Strange and another man not identified. I went to the Middlesex Music Hall in Drury Lane and found prisoners Strange and Eaton there. They were together when I saw them. I told Strange I had a warrant for his arrest for causing grievous bodily harm and read it to him. He said, "I know what it is for, Mr. Burrell; I will go quiet with you. This is what you get from other people 'kidding' you on to do it; they get out of it. Them that are talking about it are worse than me." I made a note of the conversation at Bow Street Police Station a few minutes afterwards. On the way to the station Strange, pointing to Eaton, said, "He did not use the bar of iron, but he was there. The bar of iron was given to me by one of the mob and I was silly enough to do it." When the charge was read over at the police
station both prisoners said "Quite right." Next day I went to look at the railings in Clarendon Street. I found two of the railings had been taken away from No. 37. I should say the three pieces of iron produced form one railing, as the pieces fit into one another.
Cross-examined. I have not found the other railing. I know all the three prisoners personally. It is not a fact that Strange's habits with regard to sobriety have been much better in the last 18 months. When I have seen him he has been mostly under the influence of drink.
Re-examined. I have seen him repeatedly and also the other two prisoners during the last 15 months. He was convicted of drunkenness on November 16, 1909; before that on December 28, 1908, and on December 7 in the same year.
Detective-sergeant JOHN ROWBOTTOM, X Division. On December 20 I was with Burrell at the Middlesex Music Hall and took Eaton into custody. I told him the charge. He said, "I admit I was there; I did not knock the policeman about as much as the others. I will go quiet." I said to him, "I believe you are known as 'Slip.'" At that time I had not got his name. "Slip" was one of the names that had been given to me. On the next day he was identified by some of the witnesses. After he was identified I told him he would be charged on a warrant. I read the warrant to him. He replied, "All right, sir. I understand what you mean." When the charge was read over to him he said, "Yes, quite right."
GEORGE ROBERTSON , Divisional Surgeon, X Division. On the night of December 27 I saw Police-constable Gregory at the station. He was suffering from a severe contused wound on the left side of the head, one inch in length and going down to the bone. There was a contused cut also on the left temple and a contused cut on the right eyebrow and the eye was blackened. There was very severe swelling and contusion of the left shoulderblade. Very great force would be required to produce such a swelling. The cut on the head and the injury to the shoulder might have been produced by the bar of iron; the other injuries would probably have been done by kicks. I put him on the sick list. He was in a very excited condition and in a state of semi-collapse. He is still on the sick list and suffering from head symptoms. Police-constable Clarke was suffering from contusion of the mouth and a slight abrasion. I put him on the sick list a couple of days afterwards on account of the mouth swelling.
Cross-examined. I could not say how many of Gregory's injuries were inflicted by the kicks; it is impossible to say. He complained of being bruised all over. Kicks as well as blows would have serious effect.
ARTHUR STRANGE (prisoner, on oath). I live at No. 5, Desborough Street. I am 25 years old, have been married four years and have three children. I am a costermonger, working as a fruit and greengrocer; I have a stall at the corner of Winchester Street and work at
a shop in Cirencester Street. I know a Mr. Steers, who has an estate office in Cirencester Street. He has known me all my life. On December 20 I was in the shop of a Mr. Dunn in Winchester Street with Eaton, weighing up coal. A boy came in with a message, in consequence of which I went to see Mr. Steers. Mr. Steers asked me to go to Guardians Hall on the night of the 27th to cheer for Strauss and hoot Mr. Chiozza Money. I expected to get something for that work, at all events something was said about it. I went to the meeting with Eaton and Kidd and some others. Before I went there I went to the "Windsor" public house and had some drink. That was the first time I had had drink for about 18 months. Before that I had given way to drink and had been in a great many troubles. At the meeting I did as I had been told to do, cheered Mr. Strauss and hooted Mr. Money, and made a good deal of noise. They turned us out as they were mostly on Money's side. After being turned out we went back into the public house and some strange men paid for drinks for all the party. On December 27 I had been in the "Ben Jonson" from half past three to half past nine and had been having drink the whole of the time. Gregory came in about 10 o'clock and turned a lot of people out. Eaton and I were by ourselves and had nothing to do with the other people who were turned out. When Gregory came to me he said, "Are you going out?" I said, "Certainly if you want me, but let me drink up what I have got here." Then he got hold of me and threw me out. I had drink before me in a glass. After I left the "Ben Jonson" I went to the fish shop and after that to the "Devonshire Arms." I had been there about 10 minutes before Gregory came in. He said, "If you do not hurry out of it I will take you up the road," meaning that he would take me to the police station. I walked down the street a little way, away from him. Then I came back and went into the urinal. Then I went into the Harrow Road. After I had turned the corner Gregory caught hold of me and rough-handled me. I knocked him away, but used no iron. I never had any iron with me and did not go down Clarendon Street to get it.
Cross-examined. I knew Gregory, but had never had any unpleasantness with him before and he had no spite against me so far as I know. I admit I am an odd-tempered man and on this 27th I had been drinking from 3.30 p.m. to 9.30 p.m. I was the worse for drink, but I knew what I was doing. I daresay my counsel is right when he says I am a violent man when I am in drink. I had not been about with Kidd and Eaton all the week. I had seen Eaton because he works for me. He was with me on the night of the 22nd. I was not convicted on November 16, 1909, of drunkenness and fined 5s. or six days. My last conviction, I think, was over 18 months ago. On the night of December 27, when I went into the "Devonshire Arms," I had not seen Kidd at all. The bar was full when I went in. There was some singing going on. I was not singing; I was quite quiet and orderly. I was not annoyed with the constable for telling me to go out, but I was annoyed when he would not let me drink up my beer. I knew Mrs. Church. I have no quarrel with
her. I did not say, "All stick, boys; if I fall make a rush." I did not use the word "stick" at all. I know Mrs. Gibson. I have had no quarrel with her of late. I quarrelled with her a couple of years ago through me and her son having a few words. We came to blows. I do not know the girl Williams. I do not know that she has any spite against me. I did not hear anybody say, "We will do him in to-night, if we have to wait all night." I went to the corner of Cirencester Street because I live there. There were several other people going down there, but they were not with me. I did not see any constable assaulted at all, only when Gregory handled me and then I started punching him. That would not break his head open. Then I went away. I did not see him go down to the ground. I did not see anybody use a bar of iron on him. Gregory and Mrs. Church are quite wrong if they say I did. I do not know the witness Ballard. I have no quarrel with Sergeant Burrell, but he is not telling the truth. I did not say to Burrell, "Eaton did not use the bar of iron, but he was there." (Prisoner also denied the rest of Burrell's statement as to what he said.)
Re-examined. Until I started electioneering I had been keeping sober and behaving quietly.
WILLIAM EATON (prisoner, on oath). I live at 34, Cirencester Street, and work for prisoner Strange. I did not go with him to the election meeting on December 22. On Monday, the 27th (Boxing Day), I went with Strange to the "Devonshire Arms." We had not previously been into several public-houses, only into the "Ben Jonson." What Strange had said as to what took place in the "Devonshire Arms" is correct. Outside there was a bit of a squabble. I asked Strange to come a little way down the street and get out of it. I did not assault anybody at all. I have been working for Strange in the same place for about five years.
Cross-examined. There had been no disturbance in the public-house before the policeman came in and, as far as I know, there was no reason why we should be turned out. I was annoyed at being turned out when I had done nothing. I did not hear what the constable said to Strange and what Strange said to the constable. I saw Strange put out. I was not outside at the time. He was not struggling. He was annoyed a bit at being put out. I did not hear him threaten to kick the constable. I did not know Ballard. He is absolutely wrong in saying he heard Strange threaten to kick the constable. I advised Strange to go home because I did not want him to get into trouble. I was not afarid that he would attack the constable. I did not know which way the constable had gone. It was only by chance that we came upon the constable. I did not see anybody use a bar of iron on the constable. I saw the constable go down on the ground. When he went down I was standing at the top of the street away from where they were fighting in the crowd. I did not see anybody kick the constable. I know Mrs. Church. It was a lie to say I kicked the constable. I did say to Constable Rowbottom who arrested me, "I admit I was there." I did not say, "I did not kick the police as much as the others."
JOHN MICHAEL SULLIVAN , foreman painter and decorator, 128, Lancefield Street, Paddington. Prisoner Strange is my stepson. I married his mother, who died in an asylum and his father was subject to epileptic fits. Strange lives with his wife and family. For some months he has been keeping away from drink, to the best of my belief since just after last Easter up till December 22, as I had not been finding money for him to get drunk with. I do not believe he is answerable for his actions when he is in drink.
FREDERICK WILLIAM DUNN , coal retailer, 13, Winchester Street. I know both Strange and Eaton and have employed them at my shop. Eaton is a well-behaved lad and has never had any charge made against him.
ALICE STRANGE , prisoner Strange's wife, said that lately her husband had been a sober man and had kept away from drink for about 18 months. After the election meeting on December 22 he went back to drink.
The Foreman said the Jury found Kidd guilty of common assault.
The Clerk of the Court pointed out that they could not find that, the offence charged being causing grievous bodily harm with intent to cause grievous bodily harm.
Verdict: Kidd, Not guilty; Strange, Guilty; Eaton, Not guilty.
Mr. Leycester observed that, of course, a verdict of common assault could be recorded upon this indictment and he would have to proceed further against Kidd and Eaton upon an indictment charging them with causing actual bodily harm without any intent.
(Monday, January 17.)
Kidd and Eaton now withdrew their plea of not guilty and pleaded guilty of a common assault. Strange was brought up for judgment.
Detective-sergeant BURRELL proved a number of previous convictions of Strange, and said that when in drink Strange was a very violent and dangerous man. This was a very rough neighbourhood and there had been many assaults on the police. Against Eaton there were no convictions, except one for desertion from the Army. Against Kidd there were two or three convictions for minor offences.
Sentence: Strange, Three years' penal servitude; Kidd 10 months' hard labour; Eaton, Eight months' hard labour.
BEFORE THE RECORDER.
(Monday, January 17.)
WELLINGS, George Edward (37, clerk) , forging and uttering, knowing the same to be forged, a certain valuable security, to wit, a bankers' cheque and order for the payment of £900, with intent to defraud; attempting to obtain by false pretences from Barclay and Company, Limited, £900, with intent to defraud.
Mr. Rooth prosecuted; Mr. Martin O'Connor defended.
WALTER HIBBERT , clerk in Barclay's Bank, Lombard Street. On Saturday, December 11, a messenger boy came to the bank and presented a letter. We keep an account for G. Cunard, Thorpe Lupenham, Market Harborough. The heading of the letter paper appeared to be the same as Mr. Cunard's and the writing was a very good imitation of his. I had not the least suspicion of it being a forgery. It was dated 7/11/1909: "Messrs. Barclay and Co., Limited. Please send by bearer a cheque-book to order containing 30 cheques and debit G. Cunard. I cannot call, as the time is so short between my arrival and leaving for Hampshire." In the belief that the signature was Mr. Cunard's I enclosed the cheque-book in an envelope with a memorandum asking Mr. Cunard to be good enough to acknowledge the receipt of it. As near as I can fix it, this was somewhere between half-past eleven and twelve o'clock. I addressed the envelope to "Gordon Cunard, Esq., St. Pancras Station." The boy having told me he was waiting there. I marked the envelope with the number of the messenger-boy, 1245, and the numbers of the cheques, 006031—60. The boy went away, and on the following Monday I received an acknowledgment dated from the "Carlton" Hotel, signed "G. Cunard."
ARTHUR CORNISH , cashier, Barclay's Bank, Lombard Street. The bank opens at nine and on Monday, December 13, about half-past 10, the cheque produced was peresented for payment over he counter by prisoner. It is an open cheque for £900 purporting to be drawn by our customer, G. Cunard, payable to "G. Hunt, Esq." and endorsed "G. Hunt."
The number of the cheque is 006034, the fourth cheque in the book sent to Mr. Cunard. I asked prisoner how he would take the money, and he said six £100 notes, five £50 notes, and £50 in gold. I put those figures on the back of the cheque. I did not give him the money. I first of all ascertained that the money was on the gentleman's account. Then I asked the man who looked up that if he thought the signature was correct. Having ascertained that the money was correct, I referred the signature to the manager. I asked prisoner if he was Mr. G. Hunt. He said he was not. I said, "Our manager would liker to speak to you. Will you follow me?" He followed me round the other side of the counter into the manager's office. I asked him, in the presence of the manager, how long he had been in Mr. Hunt's service. I believe he said about two days. I think he used the words "Since Saturday," and from that I perhaps drew the inference that it would be two days. I asked him how hecame into his employment and he said through an advertisement, but I did not understand in any particular paper. I asked him had he any testimonials about him by which he got his employment, and he said, "No." I then went away, leaving him with the manager, who had been comparing signatures.
Cross-examined. I am absolutely certain that he said he was engaged by Mr. Hunt in some capacity as a servant. I cannot say with certainty when he was engaged, but the belief the conversation
produced in my mind was that he said he was engaged by Mr. Hunt through an advertisement and I believe he mentioned Saturday.
FREDERICK WILLIAM GRIGGS , manager, Lombard Street Branch, Barclay's Bank. In consequence of a communication made to me at about 10.30 a.m. on December 13 I gave certain directions in consequence of which prisoner was brought into my room by the last witness. I was shown the cheque he had presented. I had known Mr. Cunard's signature and the signature on the cheque appeared to be his. I do not remember any conversation between Cornish and prisoner. The letter of request for a cheque-book to be sent was also handed to me, the envelope, and some other documents. I compared the handwriting of the various documents and they all appeared to be in the handwriting of Mr. Cunard. After Cornish had left the room I had some conversation with prisoner. I asked him if he was Mr. Hunt. He replied, "No." I then asked him from whom he obtained the cheque. He said it had been given him that morning by a gentleman who had engaged him as a servant that morning. He told me he had met him in reply to an advertisement in the "Daily Telegraph," which he had inserted. He also said he had met the gentleman in an office in Fleet Street; he did not specify the office to me. The gentleman had engaged him without any reference as to character. I asked him what he was to do with the money, and he said he was to take it back to the "Golden Cross" Hotel and meet the gentleman there. He did not mention the gentleman's name; he did not know it. I presume he would recognise him by his appearance, but that is only my surmise. I communicated by telephone with the police office in Old Jewry and Inspector Thompson appeared shortly afterwards. Prisoner was detained until the arrival of the inspector. We did not charge him immediately, and he went away in company with the inspector.
Cross-examined. Prisoner was quite cool during the time we were speaking to him and displayed no nervous anxiety or desire to get away. He was in the bank half or three-quarters of an hour. I cannot say whether he knew whether we had sent for the police. The telephone is not in my room, but in a separate box close by. I telephoned myself. I did not even request him to wait till the police came. My recollection of the conversation was that he said he was given the cheque that morning by a gentleman who had engaged him, but whose name he did not know. He never suggested the name of any person by whom he was engaged in my hearing. He told me he had met the man who gave him the cheque and asked him to bring it to the bank that morning in Fleet Street. He did not tell me that he met the man at the office of the paper in which he had advertised.
Re-examined. I gave intimation to the messenger at the door not to let prisoner go out. Prisoner was sitting in my office when I went to the telephone.
Detective-Inspector ERNEST THOMPSON, City. On the 13th of last month I was communicated with by last witness a little after 11 o'clock and, in consequence, I went to Barclay's Bank, arriving there at 11.20. I there saw prisoner in Mr. Grigg's office. In consequence
of certain information which had been given to me I put certain questions to the prisoner. I told him I was a police officer and said, "I understand you have just presented this cheque for £900, which is a forgery." Prisoner said, "That is quite true. Shortly after nine o'clock this morning I met a man outside the 'Daily Telegraph' offices in Fleet Street. He said to me, 'Are you looking for a billet?' I replied, 'I am.' He then said, 'Do you know where Barclay's Bank is in Lombard Street?' I replied, 'I do not, but I will soon find out.' He then said, 'Take this cheque to Barclay's Bank and get it changed as it appears on the envelope.' The note on the envelope is "six £100, five £50, £50 gold," making in all £900. Then he said, 'When you get the change jump into a taxi-cab and meet me at the smoking room of the "Golden Cross" Hotel, Charing Cross." In consequence of that I took him to the "Golden Cross" Hotel in a taxi-cab, arriving there about a quarter to 12. We went into both the smoking rooms, one being on the ground floor and the other on the first floor. Prisoner pointed out no one to me and said the gentleman was not there. There were a number of people in both rooms. I subsequently took him to Old Jewry and told him he would be detained while inquiries were made. In consequence of a communication I received from the manager of the "Golden Cross" Hotel in the course of that afternoon I again went with prisoner in a cab to the hotel. A man who was loitering out in the hall was pointed out to prisoner, who said he was not the man who handed him the cheque. Prisoner gave me a description of the man on the way from the bank to the hotel; age about 50, six feet in height, hair and moustache iron grey, and wearing a silk hat and dark overcoat and trousers. The man hanging about in the hall did not answer that description; he was too grey and he was not tall enough. While I was going with prisoner the second time to the hotel I said to him, "Did it not strike you as being very funny that a perfect stranger should trust you with a £900 cheque to get cashed?" He replied, "It did seem very funny to me." Prisoner was afterwards taken to the Minories Police Station, where he was charged by Mr. Hibbert on behalf of the bank with forging and uttering this cheque. He was searched by the gaoler. Nothing was found on him relating to the charge, only a pair of gloves, a pipe, and a pawnticket. A receipt for 3s. for an advertisement and a box number at the "Telegraph" office were handed to me at the bank in the morning. The ticket says "This ticket must be produced on each occasion when application is made for answers." On December 20 I took these two documents to the "Telegraph" office and handed them to an employe and I was handed the postal letter card produced.
GORDON CUNDRD , Thorpe Lupenham, Leicestershire. The letter of request for a cheque-book produced is not in my handwriting nor written by my authority. The signature is something like my writing, but the rest is not. With regard to the letter paper, at first sight I should say it was mine, but I know it is not because I have compared it with my own. My die has been copied and the water mark is not the same as the water mark of the paper I use. It is like the heading
I use, giving my telegraphic address, the address for parcels, and so on, as is usual in country houses. I never entrusted a messenger boy with the letter, nor did I receive a cheque book in reply. I have never stayed at the "Carlton" Hotel, and at this time I was down at Market Harborough. The acknowledgment of the cheque-book was not written by me, but the signature is more like mine than the signature to the letter. The cheque was never written by me nor by my authority. I do not know "Mr. G. Hunt," and to my knowledge I had never seen prisoner till I saw him at the police court.
WILLIAM RAYMOND MITCHELL , clerk in the advertisement department, "Daily Telegraph," produced the original of the advertisement inserted on December 11. The reply was to be sent to "Box G 968," Postal Department. The receipt for 3s. and the box ticket (produced) related to that advertisement. All answers would be to the number given on the box ticket. The advertisement was handed in by a person he could not identify—"Advertiser, good clerk, wants situation any capacity, excellent references; age 35. Box G 968, Postal Department, 'Daily Telegraph,' Fleet Street."
FREDERICK WILLIAM WELLS , Wells, clerk, "Daily Telegraph" office. On December 13 a person called with the box ticket about nine o'clock. I do not remember whether it was a man or a woman. I looked and found that no letters of reply had been put into the box. I returned the document to the person who had produced it. Some days subsequently Inspector Thompson produced the same document. I looked at the box again and found the letter-card (produced), which had arrived on Monday the 13th. The Post Office stamp is "December 11.09, 8.30 p.m." That should have been delivered by the first delivery on Monday morning. The sorting would not be finished so early as nine o'clock. We start sorting about nine a.m.; it sometimes takes three, hours. The card was read as follows: "December 11 1909, G Box 968. With reference to your advertisement in the 'Telegraph' of even date, please meet me in the smoking-room of the 'Golden Cross' Hotel, opposite Charing Cross Station, at 9.45 a.m., on Monday next. Be punctual and hold this card in your hand. Yours truly." The letter bore neither address nor signature.
Inspector THOMPSON, recalled, verified the identity of the letter card by the following note made at the time he received it, "Handed to me by Frederick Wells, clerk of the 'Daily Telegraph,' 20th December, 1909." This was written in the presence of Wells, who signed it.
GEORGE EDWARD WELLINGS (prisoner, on oath). Up to the time of my arrest I was in the Army, in which I had been for 13 years. I left the service last October. I have been marreid some few years and married off the strength. In October last my wife ran away with another man, and I was so affected by it that I deserted from the Army. I served through the South African War in the 1st Royal Dragoons. I went out in 1899 and came home last year. I also
served with the police out there after the war. (Various testimonials from Army and police officers were put to prisoner.) I also served in the Matabele campaign in 1893. I have three medals for military services, one for the South African War with six bars, the King's medal for the South African War with two bars, and one for the Matabele campaign without bars. I inserted the advertisement in the "Daily Telegraph," which has been read, and gave the receipt and box ticket, which have been produced, to the inspector. On December 13, at nine o'clock in the morning, I called at the office of the "Daily Telegraph," asking for any answers to advertisements, and was told there were none. I was turning away from the desk when a man spoke to me. He could have heard my inquiry of the clerk. This man said to me, "Are you in search of a billet?" I said, "Yes." Thereupon he asked me if I knew Barclay's Bank in Lombard Street. I said I did not know it, but I would find it. He then gave me an envelope with the particulars on it as to how the cheque was to be cashed. He said there was a cheque inside and he wanted me to go to the bank and get it changed as he had written on the envelope, and when I had got it changed I was to take a "taxi" and meet him at the smoking-room at the "Golden Cross" Hotel, Charing Cross. I did not look at the cheque until I got to the bank, when I took it out and presented it. I had no idea the cheque had been forged and had nothing to do with the forging of it. I did not ask the man his name; his name was on the cheque. With regard to the evidence of Mr. Griggs and Inspector Thompson, what they say as to the conversation is substantially true. I had never seen the man before in my life. I believed it to be a bona-fide cheque. I have never been charged with any crime of dishonesty.
Cross-examined. I deserted at Brighton. I have no private means. I have been living in London; I have lots of friends in London who have lent me money. I have had no occupation in London. I have never been a clerk. It is not true that I deserted because I was constantly in trouble with the authorities. I have not been in front of an officer since we left South Africa; I have a clean defaulter's sheet. I did not absent myself from my regiment on many occasions in South Africa. I was not detained sometimes on account of having delirium tremens. I never deserted from the army in South Africa. I did not go to a number of hotels out there with another man representing myself to be an officer of the advanced guard. I was not arrested for that, but for absence; we were absent three days and got punished for three days' absence. Since October I have been living at Ham mersmith at 38, Cambridge Road, but not all the time; I have also been living in the Mall. As to whether a man named Charles Wellings, a man called Clark, and a man called Bert Manners visited me at Cambridge Road—Clark I do not know. A man named Stapleton did not call upon me there nor a man named Seaton.
Mr. Rooth. With regard to Wellings and Manners, are they respectable people?
Mr. O'Connor objected to the question.
The Recorder. It goes to the credit of the witness. The suggestion of the prosecution is that this may have been the act of one man or it may have been the act of several men. I cannot exclude the question.
Further cross-examined. As far as I know they were perfectly respectable men. Charles Wellings is my brother. I had not seen him since 1898. I was staying at Cambridge Road with him. I did not know that he had been in trouble. I knew nothing about Manners or Seaton. They came to see my brother. I had never before seen the gentleman who spoke to me outside the "Telegraph" office. I did not even know his name nor the residence at which he lived. I presumed this was the commencement of his taking me into his employment as a servant. He probably would have given me his name and address if I had gone back to him. The evidence given by Mr. Cornish, by Mr. Griggs, and by the detective-inspector accurately describes what took place, with the exception of my having entered the employment on Saturday. I surmised the name of the gentleman who gave me the cheque was Hunt, that being the name on the cheque. I never received the reply to my advertisement. It was the gentleman I met who told me to go to the "Golden Cross" Hotel. I have not the slightest idea from whom the answer to the advertisement came. As to it being a curious coincidence that the same hotel should have been mentioned in the letter card you may put it that way. As to whether I have ever been trusted before with an open cheque of that size, I was entrusted with £100,000 in South Africa to take 80 miles across the country. I was by myself; the Dutchmen knew of it. I naturally thought the cheque had been honestly come by or I should not have taken it. I did not give him my name. I could have done what I liked with the proceeds; he did not accompany me, but, as you suggest, left it to my honour to find him at this hotel.
To the Recorder. The gentleman said nothing to me about having answered my advertisement. He may have heard the number in which I advertised. I was not expecting to receive a letter card when I went in reply to my advertisement. I knew nothing about a letter card being posted on Saturday night. If posted on Saturday night at eight o'clock I might reasonably have expected to receive it at nine o'clock on Monday morning. If the card had been found in my pocket at the bank I could then have produced it and said I called in response to the answer to this advertisement. I cannot explain how it is that the man I met told me to meet him in the smoking room of the "Golden Cross" Hotel, and the writer of the card in reply to my advertisement on the Saturday also requests me to meet him at the "Golden Cross" Hotel. It is a curious coincidence.
Verdict, Not guilty of forging but Guilty of uttering, and the Jury recommended prisoner to mercy on account of his good character.
Mr. Rooth stated that prisoner's brother, Charles Wellings, is now awaiting trial with three other persons on a precisely similar charge. Prisoner's character in the army had not been good, there being seven convictions for drunkenness and two for absenting. Prisoner had been twice detained in the Military Hospital suffering from delirium
tremens. He deserted with another soldier and travelled through the country representing himself to be an officer.
The Recorder said he thought they need not trouble about that. As prisoner had three medals and eight clasps he could not have been such a very bad soldier.
Mr. Booth said he had further information as to which he did not know whether it would be for or against prisoner. He was at a public school and was well educated.
Sentence, Nine months' hard labour.
WHITE, George (barber, 39), forging and uttering, knowing the same to be forged, a certain order for the payment of money, to wit, a bankers' cheque for £40 11s. 9d., with intent to defraud; stealing a bankers' cheque for £1 11s. 9d., the property of the Postmaster-General; feloniously receiving the said cheque well knowing the same to have been stolen.
Mr. Leycester prosecuted.
JOHN JOHNSON CUMMINGS , managing director, Martini, London, Limited, motor manufacturers, Knightsbridge. My firm has an account with the Knightsbridge branch of the London and County and Westminster Bank. I sign cheques in conjunction with one or other of my directors. The body of the cheque produced (Exhibit 1) is filled in by me in favour of Messrs. Langstaffe, Ehrenberg, and Pollock, carriers, 8, Upper Street, St. Martin's Lane. It now shows the amount of £40 11s. 9d., but when drawn it was for £1 11s. 9d. I did not sign it, but it bears the signature of two of my directors. It was drawn in payment of a small account for garage. The figures and the words have been altered since. I crossed the cheque with two straight lines "& Co." On the morning of December 9 I gave it to the typist, Miss Franklin, with instructions to write a letter, enclose the cheque, and post it. The crossing has since been obliterated.
EDMUND LANGLEY MARSHALL , clerk to Messrs. Langstaffe, Ehrenberg, and Pollock. It is part of my duty to open the firm's letters. Early in December Martini, London, Limited, were indebted to my firm in the sum of £1 11s. 9d. The cheque produced was not sent to us. The endorsement is correct so far as the name is concerned, but it is not in the handwriting of Anybody who has authority to sign for the firm.
STANLEY HAINES ROBERTSON , cashier, Knightsbridge branch, London and County and Westminster Bank. On December 10, shortly after 3 p.m., prisoner came into the bank. I had never seen him before. He presented the cheque across the counter. It was folded in a peculiar and most unusual way. (Witness demonstrated with a sheet of paper how the cheque was folded, first longitudinally, then diagonally.) I opened the cheque and found that one line of the fold corresponded with the original crossing, of which I could detect traces, the crossing having been removed by the use of some weak
acid. A person not skilled in these matters might have been deceived into the belief that it was an open cheque. I asked him how he would take it; he said, "In gold." I took a handful of gold from the till and dropped it back again and then went quickly round to the front of the counter and got between the door and prisoner, and I told him as there appeared to be some irregularity in the cheque I should have to ask him to see the manager. He said, "Why, what is wrong?" At that time the assistant manager had come up to my desk and directed him to the waiting-room. There I asked him if he came from the payees and if he knew anything about them. He said, "No; all I know is I have presented the cheque." He asked me why he was being detained there and in that manner. I said, "We have sometimes found it necessary to do so." He asked me whether the manager was in his room. The manager's room adjoins the waiting-room and prisoner was standing half-way down the room. I was standing with my back to the door, which was the exit into the bank, and remained where I was. The manager subsequently came into the waiting-room and asked prisoner nearly the same question that I had, "Do you come from Messrs. Langstaffe, Ehrenberg, and Pollock?" and prisoner said, "Yes." A police-officer was fetched and prisoner was given into custody.
To Prisoner. When I came round the counter to you I came a distance of about 25 yards. The door you came in by was distant about 12 yards. You did not cell me the cheque was given to you by a man in the "Horseshoe," Tottenham Court Road.
Police-constable WALTER HOPEWILL, 17 BR. On the afternoon of December 10, about 20 minutes past three, I was called to the London and County and Westminster Bank at Knightsbridge. I there saw prisoner with the manager. I told prisoner that he was given into custody for uttering a forged cheque. Prisoner replied, "I am cashing it for a gentleman; I do not know his name, but I met him at the 'Horseshoe' Hotel." This was a long way from the "Horseshoe." I took him to the Gerald Road Station and charged him. He made no reply to the charge.
Detective-Sergeant BESLEY, B. On December 10, when waiting to be charged, prisoner made a statement to me. He said, "I met a man I know in the "Horseshoe," Tottenham Court Road, this afternoon and asked him to lend me a dollar. He handed me that cheque, saying, "If you go and put that down and get the money I will give you a pound or two!" I then asked him if he knew the man by name. He said, "No; not by name." I asked him to describe the man. He said he was a very tall man wearing an astrakhan collar to his coat, and this occurred in the saloon bar of the "Horseshoe."
(Tuesday, January 18.)
Court Road, near the "Horseshoe," who said to him, "Hallo! barber." He knew his face, but could not make out where he had seen him. So the man said he had cut his hair a good many times. He (prisoner) said it must have been a long time ago and the man replied, "It was before I went to South Africa. It must be about five years ago." Then he lifted his hat and showed a white patch on the top of his head. He then remembered him. The man asked him to have a drink and they went into the "Horseshoe." He had a glass of beer and the man had a Scotch and soda. As they sat talking the man asked him how he had been getting on, and he told him he had been out of work nearly four weeks and was hard up. He asked the man how he was doing, and he said he was doing grand. He then asked him if he would do him the kindness to lend him 5s. and he said, "Yes." The man put his hand into his coat—he was wearing a fur-lined coat with astrachan collar—and took out a pocket book from which a piece of paper was sticking out, which, turned out to be a cheque. The man said, "I have not any money, but if you like to take this cheque to the London and County and Westminster Bank, Limited, Knightsbridge branch, I will lend you £1 and I will give you one, too." Being broke and naturally thinking it a good cheque, he said he would go. The man directed him to take a Hammersmith bus, which would go by the side of the bank, and gave him 2d. for his fare, telling him to come back in a taxi-cab to the "Horseshoe." The bank clerk curled his moustache with his left hand and gave him a black look. The clerk bad 25 yards to come round the counter, and if he had known when he went into the bank there was anything wrong with the cheque he could easily have escaped by the door. The clerk did not say it was a forged cheque, but merely said, "These things do occur sometimes."
Several convictions were proved, including two terms of penal servitude.
Detective-sergeant CHARLES GOODCHILD, Y, stated that prisoner was released on February 6, 1909, and since then had been residing in witness's district. He was a member of a gang of letter-box thieves. By means of birdlime letters were drawn up and that was no doubt how the letter in this case was got out of the box. The cheques so obtained were taken to a confederate, a man named Orford, and manipulated. Orford had been twice charged here and convicted. The "Nelson" was the headquarters of these criminals. Prisoner had been twice cautioned for not residing at his registered address.
The Recorder observed that it was no use cautioning such a man. The prison was his home and he came out occasionally for a holiday. Since 1888, a period of 22 years, he had been in prison practically the whole time.
Sentence, Five years' penal servitude.
BEFORE THE COMMON SERJEANT.
(Monday, January 17.)
Mr. R. Wilkinson prosecuted.
Detective JOHN BURGESS, City Police. On January 4, 1910, I saw prisoner in company with another man not in custody in Fenchurch Street. I followed them into London Street and through to Mark Lane, when I saw the other man hand prisoner something from his waistcoat pocket. Prisoner entered a tobacconist's, 75, Mark Lane, the other man went in a minute afterwards. Prisoner bought a packet of cigarettes. They came out separately and joined each other, when the other man again handed the prisoner something; prisoner went into a tobacconist's at No. 3, came out, joined the other man and handed something to him. They went on into By ward Street and stopped at No. 4, a small fruiterer's shop, where prisoner bought a pennyworth of chocolate of the assistant, Alfred Lembo, who, after examining the coin, gave prisoner change. Prisoner then went to the corner of Mark Lane and whistled, but the other man did not join him. I then returned to Lembo's shop and received the bad florin produced. I then followed prisoner into Bishopsgate Street, where he boarded a motor 'bus and I got on the 'bus. Prisoner paid his fare, 1d. I then tapped him on the shoulder and said I was a police officer and should arrest him for being concerned with another man not in custody in uttering a counterfeit florin to Alfred Lembo, No. 4, Byward Street, producing the coin. He said, "I have just left Billingsgate." I said, "Yes, and you also went to a shop." He said "No." He was taken to Bishopsgate Street Station and searched and then conveyed to Minories Police Station. He then said, "Yes, I did go to a shop and buy a pennyworth of chocolate. I did not know the coin was counterfeit." He was charged and made no reply. I found upon him a sixpence and four pennies.
ALFRED LEMBO , assistant to Ferrara Raffaele, 4, Byward Street, fruiterer. On January 4, at 4.30 p.m., prisoner bought a pennyworth of chocolate, tendering a two-shilling-piece, which, after examining it, I thought a good one and save him a shilling, sixpence, and five pennies in change, putting the florin in my apron pocket. Burgess asked me to show him the coin, which I gave to him. (Produced.) It is a King Edward coin and is the one the prisoner gave me. I had two other florins in my pocket of Queen Victoria. I knew that because I had just given a customer change for half a sovereign.
a two-shilling-piece, which he handed me. I went over to the fruit shop, bought the chocolate with the two-shilling piece, received 1s. 11d. in change, and came back to the corner. The fellow was not there. I stayed there about a quarter of an hour and started whistling, then went away and got on the bus, when the policeman tapped me on the shoulder. I did not know the coin was bad. If I knew it was bad money I would not have stopped outside of the man's shop whistling.
Cross-examined. I met the man at the corner opposite the frui shop. I do not know the name of the street; he was a total stranger to me; the street is not far from the market. I went to Billingsgate Market trying to get work. I am a housebreaker; the police have my character from the last two foremen who have employed me. I heard the constable's evidence at the Mansion House. I made no remark upon it, because I was too much upset. I only go to Billingsgate Market to do odd jobs when my own trade is slack.
JOHN GILL , 44, Busby Street, Bethnal Green Road, father of the prisoner, testified to prisoner's good character and handed in letter from Pomeroy, stating he had known prisoner for 10 years as an honest, hard-working lad.
Detective BURGESS, recalled, stated he had made inquiries of prisoner's employers and found he had a four years' good character.
Verdict, Not guilty.
Mr. Ernest Metzler and Mr. Horace Samuel prosecuted; Mr. Purcell defended Sabini.
FRANCISCO PACIFICO , 11, Little Gray's Inn Lane, fireman. On the night of December 25, 1909, I went to ask for a bed at 15, Little Gray's Inn Lane, and saw Sabini and a number of others in the street. We were talking about a dispute, and I said to Sabini, "This is not the time to quarrel," it being a holiday. I received a blow from him, but I did not see any weapon in his hand—I felt something like the prick of a needle under my shoulder. I said, "Stop it." I did not think he would use a weapon. I felt my strength failing me and went inside into a room and said, "I feel I am dying." I was then taken to the hospital. The evening before there had been a sort of quarrel.
Cross-examined by Mr. Purcell. I used to live at 11, Little Gray's Inn Lane, but I went to ask for a bed at No. 15 as No. 11 was full. No. 15 is a private house—sometimes they have dances there. I have had no dispute with Sabini personally. No. 15 is kept by Filomena Ferrari; Maria Deilcci lodges there. Those two women had had a dispute with the crowd outside; there was knocking at the door and I went outside. I went in Ferrari's room.
AUGUSTUS GEORGE STEWART , house surgeon, Royal Free Hospital. On the early morning of December 26 prosecutor was brought to the hospital. He had a slanting wound under the left shoulder three or four inches deep, apparently made with a knife. There was a great deal of haemorrhage; he was kept as an in-patient till January, 4.
Cross-examined by Mr. Purcell. On January 4 the wound had completely healed. Prosecutor had been drinking heavily.
FILOMENA FERRARI . I keep a lodging-house at 15, Little Gray's Inn Lane. Clementina Gasparini keeps a lodging-house next door. On December 24, after supper, Sabini came into my house with several others and wanted to cause trouble and stayed about seven or eight minutes. I sent a friend for the police. At about 12 midnight there was a noise upstairs. I went up and found the lock of the front door had been broken and a crowd outside. Prosecutor, who was below, came up and said, "What is the matter, boys; you must not quarrel to-night." The two prisoners were there. He afterwards came in. The next night they were there again and I saw Sabini give prosecutor a blow—he had something shining in his hand. I pulled prosecutor into the house and closed the door. The crowd outside continued to knock at the door.
Cross-examined by Mr. Purcell. I said at the police-court that Sabini had something shining in his hand. I occupy the whole house—six rooms; they are all bedrooms. Occasionally we have dances. When the row began prosecutor was downstairs. I have only lodgers and one family. Maria Deilcci has lodged with me about three months with her children and husband. We keep no drink on the premises. Prosecutor had had no drink that evening from me. He had had no quarrel with anybody in my house.
To Cortesi. You were knocking at the door. I heard Sabini say, "I am dead."
To the Judge. This was after prosecutor had come inside.
ANN FINNEY , 11, Little Gray's Inn Lane, wife of George Finney. On December 24, at 12 to 12.30, I was downstairs having my supper when there was a crowd outside. A lot of them came in and the police came and sent them out. Mrs. Ferrari came in very excited. I saw Sabini there and told him not to get into trouble. The next night there was a crowd knocking and kicking at Ferrari's house. Both the prisoners were there. Prosecutor came out and shook hands with them and said, "Do not make any row." Sabini tumbled down and then got up and hit prosecutor with his fist. Sabini was screaming "I am stabbed." Some of the men called Mrs. Ferrari a dirty name. The police then came and knocked at the door at No. 15; it was opened and the police went in. I did not see anything in Sabini's hand when he struck the blow. He hit prosecutor on the back.
Cross-examined by Mr. Purcell. I occupy the whole of No. 11 and take lodgers. Prosecutor lodged at my house. On December 25 a whistle was blown for the police. I saw Sabini rubbing his stomach and saying, "I am hurt, I am stabbed." I went to the station with Sabini. He said when he was charged, "I know nothing about any stabbing—you have only the evidence of these two bad women."
To Cortesi. You were kicking the door of No. 15.
from my window a disturbance in the street. Prosecutor went out and offered his hand to Sabini, who refused it. I saw Sabini afterwards strike with his hand—I saw something shining in his hand. The street was light. There were a great many people in the street. I did not see much of it, as I was going back to look after my child.
Police-constable HOLCOMBE, 268 E. On December 25 I was informed there was a row in Little Gray's Inn Lane, went there with another officer and saw a large crowd of foreigners. Sabini was holding his hand to his stomach shouting, "Oh, oh!" The other, officer said, "What is the matter?" He said, "I am stabbed." The officer said, "Where are you stabbed?" He said, "I do not know whether I am stabbed or kicked." The other officer took Sabini. At the same time I saw Cortesi pick up knife produced. He had the knife in his sleeve. I got hold of him and said, "What have you got there?" He pulled out the knife and said, "This is what it is done with, governor. I picked it up on the floor." Someone in the crowd said, "The man who is injured is downstairs." I said to Cortesi, "You come down with me and I will see who the man is." We went to the basement back kitchen of No. 15, where I saw prosecutor with blood running from his left shoulder. I told Cortesi I should take him to the station. He said, "All right, I will go. I will be a witness for Sabini." Sabini was not wounded.
Cross-examined by Mr. Purcell. At the station Sabini said, "I know nothing about any stabbing. If the man is stabbed you have got no evidence only the evidence of those two old whores and brothel keepers."
To Cortesi. You picked the knife up immediately behind Sabini. I then caught your arm and asked you, "What have you got there?" You said, "This is what it is done with, governor."
Police-constable ALFRED MENGER, 105 E. I went with the last witness to Little Gray's Inn Lane, where there was a crowd of 25 or Sabini said, "I have been stabbed." I said, "Where?" He said, "Here," rubbing his stomach, "I thought I was kicked or stabbed." A man in the crowd said, "The man that is stabbed is in that house," pointing to No. 15. At the same time Cortesi picked up a knife and handed it to Police-constable Holcombe, saying, "This is what it was done with." I arrested Sabini, took him to the station, and returned to the wounded man. Sabini was not wounded.
Cross-examined by Mr. Purcell. Sabini was standing in the gutter in a stooping position.
The Common Serjeant expressed the view that there was no evidence against Cortesi of maliciously wounding.
VINCENT SABINI (prisoner, on oath). I live at Manor House, Woodford Green, Essex. On December 25 I went to see a friend and was told he was at a club at 15, Little Gray's Inn Lane, where I arrived at 11.30 p.m. To my surprise I saw prosecutor outside. He had a grudge against me two or three days before. He had a
knife in his hand and said to me in Italian, "I will give you English bastard something." There were 25 or 30 there. One of the crowd, about a yard from me, knocked prosecutor's hand and tried to knock the knife out of his hand. Prosecutor rushed at me; I fell and he walked over me, kicking me. Thinking I was stabbed I called out, "He has stabbed me." About a quarter of an hour afterwards the police came—their evidence is correct. I had no knife and saw none. I pushed prosecutor with my hand, in which I had a whistle. I did not stab him.
Cross-examined. I had in my hand a whistle and key on a chain (produced). I have known prosecutor by sight for about two months, but had only once spoken to him—the night previous. On December 25 he did not offer his hand to me, nor speak to me. When prosecutor's boot came on me, seeing the knife in his hand, and knowing what Italian people are, I thought I was stabbed, and called out for mercy. I swear to the Almighty God no one saw me stab the prosecutor, because I never had a knife in my hand. (To the Jury.) I wear my chain with a whistle and key on it. I saw the knife in prosecutor's hand, and to defend myself I held my whistle up in the left hand and struck prosecutor with my right hand.
Verdict: Cortesi, Guilty of common assault; Sabini, Not guilty.
Cortesi was proved to have been convicted on February 18, 1908, receiving one month's hard labour for assault on the police; on April 20, 1899, of warehouse breaking and sent to a reformatory until 16 years of age; June 9, 1904, at Clerkenwell Police Court, six months' for stealing £1 12s. from a shop; July 29, 1907, Clerkenwell, three months' for loitering; January 12, 1909, North London Police Court, 14 days' for obtaining credit by fraud.
Sentence, Two months' hard labour.
AUSTIN, Frank (otherwise Edward Carey, 40, auctioneer), being entrusted with certain property, to wit, a banker's cheque for the payment of £21 12s. 6d., in order that he might apply it for a certain purpose, did fraudulently convert the same to his own use and benefit.
Mr. Martin O'Connor prosecuted; Mr. H. Turrell defended.
It was stated that the Magistrate at Lambeth Police Court had adjourned the case for the purpose of allowing the prisoner to repay the amount; that prisoner had refrained from doing so, as he thought it would be admitting that he had committed a crime; that the amount was now tendered and the prosecution desired to offer no evidence.
Verdict, Not guilty.
Mr. Horace Samuel and Mr. Morgan Morgan prosecuted; Mr. S. Duncan defended.
I wrote to Mr. Barker, who confirmed the instructions; I negotiated the matter and eventually received from the company £10 for Mrs. Barker, £2 2s. for doctor's fees, and £3 3s. for our costs. I saw the prisoner on November 20 near Westminster Bridge Station and told him to call upon me when I would settle. He came to my office on November 24, when I made out a cheque (produced) for £12 2s. in the name of Florence Barker, crossed it and handed it to prisoner. I also gave prisoner open cheque in his own name for £1 1s. for the trouble he had taken. On December 3 I had a letter from Mr. Barker to know whether the matter was settled, and asked him to call at my office. He came with his wife and I showed them the cheque which had been paid by my bank, having been passed through Farrow's Bank. I subsequently went to Farrow's Bank.
Cross-examined. I had known prisoner a fortnight before October He worked up the case, got police reports, etc. He said he had paid 5s. out of the guinea I paid him for two police reports. I treated him as the fully authorised agent of Mrs. Barker.
FLORENCE BARKER , wife of William Barker. In October, 1909, I had an accident, being thrown out of a trap through a collision with a taxi-cab, I told prisoner about it and he arranged to instruct Mr. Peet. On November 25 he telephoned to my husband and made an appointment for us to meet him at Charing Cross. We went to a refreshment place. Prisoner said the company had paid £5. We refused it point blank. He said that was all they would pay and if the case went into Court it would come on probably in January or March. He produced the £5 in gold. He said nothing about having received a cheque for £12 2s. He said he was going back to Mr. Peet. My husband wrote to Mr. Peet, we called upon him, and learnt for the first time of the existence of the cheque (produced). The endorsement thereon is not written by me.
Cross-examined. My husband told me he had a telephone message for us to receive the compensation. I did not think prisoner was doing the work for nothing. We should have made him a present. No arrangement was made to do so. My husband knew prisoner through knowing his wife, otherwise he was a stranger to me. We asked prisoner if we had to pay the doctor's bill, £1 5s. out of the £5. He said "Yes." We promised to send him the bill. My husband had had a letter from the solicitor to confirm the instructions. Prisoner said the company had paid £5 and costs. I was not seriously injured by the accident. I did not want to go into Court because we could not spare the time. No suggestion was made to me that there was contributory negligence. I do not know a man named Inman and have never spoken to him about the accident. I have seen prisoner three or four times about this matter.
Re-examined. I have known prisoner's wife for some years and her previous husband knew my husband.
(Tuesday, January 18.)
WALTER HENRY JONES , assistant manager, Farrow's Bank, 1, Cheap-side. On November 24 prisoner opened an account with my bank and signed the signature book, paying in cheque produced for £12 2s. In my opinion, the endorsement, "Florence Barker," is written by prisoner. The cheque was credited to prisoner.
WILLIAM BARKER , cycle manager, Chelsea, husband of the prosecutrix. On October 10, 1909, my wife met with an accident; I saw prisoner: he said he would introduce us to a solicitor and I agreed to his instructing Mr. Peet. On November 26 I and my wife met him by appointment at Charing Cross. My wife asked him if the case was settled. He said, "Wait a minute; let's go round the corner." We went to a refreshment place and had a drink. Prisoner said, "All the company are willing to pay is £5. Of course, when they take it into Court they always pay the money down, and as they have tendered it to me so I must tender it to you." I said, "I will not have it." He produced five sovereigns from his purse; I refused it and he put it back in his pocket. He said nothing of a cheque for £12 2s. and we have received no such cheque. On December 4 or 5 I saw Mr. Peet at his office and learnt about this cheque having been paid.
Cross-examined. I saw prisoner twice. I believe my wife has seen him at other times. She never told me that she had made any arrangement with prisoner as to what would be paid. I did not want to fight the company, as it would have been a waste of time. I paid for the drink. When prisoner produced the £5 I asked if the doctor's bill, £1 6s., was to be paid out of it. He said "Yes." I had not the bill with me and prisoner asked me to send the bill to his address at 130, Kennington Road. As I understood prisoner lived at Highbury I did not feel justified in sending the bill. Prisoner first telephoned me and suggested instructing a solicitor. Prisoner got the police reports and instructed Mr. Peet. I have known prisoner for about nine months. I have known his wife and her late husband many years, and his wife introduced prisoner to me when she married him. I did not expect prisoner to do the work for nothing. I did not promise him anything; he borrowed a bit on account. On November 25 he telephoned and asked if I could arrange for Mrs. Barker to meet him at Charing Cross at four o'clock. I said, "What for?" He said, "Oh, well, never mind." Then I asked him if the case had been settled. He said "Yes." I asked him if he had the money. He said, "Well, I have some of it." I said, "Mrs. Barker will meet you and I will come, too."
Re-examined. I never arranged that prisoner should keep any of the money.
JOHN BARKER , 31, Millman Street, Chelsea, painter and decorator, father of William Barker. On November 27 I received letter produced from prisoner asking me to meet him the next day at 10.45 a.m. in the Fulham Road, which I did. Prisoner said he had made an offer to my son. I said I had seen my son and knew what he had offered. He said, "Don't you think he is a very foolish young fellow not to have
taken what I offered him?" I said, "I do not know about that." He said, "I offered him all that was paid into Court; anyway, he is a very foolish young fellow." I told prisoner I knew nothing about it; that I could not persuade my son to do anything; he would do as he pleased. Prisoner did not mention any sum. I told him I knew the sum he had offered.
Cross-examined. I mentioned the matter to prisoner and sent him to see my daughter-in-law. I knew he was working up the case. He did not give me the solicitor's card. I do not know whether there was any agreement between prisoner and prosecutrix.
Inspector FRANK HALLAM. On December 30 I saw prisoner in the street and said, "I am a police officer and hold a warrant for your arrest, which I will read to you when I arrive at Old Jewry, our detective office" I took him to Old Jewry and read the warrant. Prisoner said, "The arrangement was this: Florence Barker and her husband said, 'If you can get the compensation without our being liable for any costs, as we do not intend to go into Court, we will accept any amount up to £5; all over that you can have for yourself'; I have witnesses to prove that Mrs. Barker said she would jump at a proposal of £5. I phoned Barker, asking him to meet me with his wife at the Post Office, Charing Cross. I there produced the £5 in gold; they refused to accept it." I searched prisoner and found cheque book produced on Farrow's Bank. It contains on the cover memorandum of the payment in of £12 2s. and £5; payments out, £1 11s., £7, £6 4s., £1, and 16s. 8d., leaving a credit balance of 10s. 4d., which is the balance shown in pass book produced.
THOMAS EDGAR (prisoner, on oath). In October, 1909, I heard that Mrs. Barker had had an accident. I saw John Barker, who asked me if I knew a solicitor who would obtain compensation. I said, "Yes," and handed him Mr. Peet's card. He said he would speak to his son. The following morning he asked me to ring his son up on the telephone. I did so and William Barker asked me to make inquiries and instruct Mr. Peet. I afterwards saw the prosecutrix and told her she could not expect to get much—she must have about £5. She said, "I should jump at that, provided there are no costs and the case does not go into Court. You can have all over that for yourself." I proceeded with the negotiations, made all inquiries, and on November 24 saw Mr. Peet, who handed me cheque produced for £12 2s., payable to Florence Barker. I opened an account at Farrow's Bank to get it cleared. I endorsed the cheque and paid it in. On November 25, at 9.15 a.m., I telephoned William Barker and asked him to bring his wife the next day at 4 p.m. to Charing Cross. I said the action was settled and I should bring the money. The next morning I drew £7 from Farrow's Bank, met Mr. and Mrs. Barker at Charing Cross, and produced £5 to hand to Mrs. Barker. William Barker said, "What about the doctor's bill?" I said, "What doctor's bill?" He said, "35s. for Dr. Carey." I asked him if he had the bill. He said no,
but he had it at home. I asked him if he would post it to me that night. He said "Yes." I said, "If I have the bill from Dr. Carey I will pay it. Then you refuse to take the £5?" He said, "Yes, without the doctor's bill being paid." I said, "Mind, I have tendered the £5; I shall pay it back into the bank." He asked me to walk a little way with him. I said, "No, I have to go back." I paid the £5 straight into the bank and then wrote letter produced to his father, asking him to see me the next morning in the Fulham Road. The next morning I met John Barker and told him I had offered the £5, which his son refused to take. John Barker said, "My son is very strong-headed," or something to that effect. The next I heard about the matter was my arrest and I told the inspector what he has stated.
Cross-examined. I am a tailor by trade. I received from Mr. Peet the cheque for £12 2s. made payable to Mrs. Barker, endorsed it, and took it with the forged endorsement to Farrow's Bank. Mrs. Barker has not received one penny from me. I did not tell Mr. Peet I intended to retain the whole or any of the money—I had told Mr. Peet all along that all the prosecutrix expected was £5. I say I am entitled to keep all the money received beyond £5; that was the arrangement with Mrs. Barker. I did not expect to get more than £8 or £10. I made inquiries, found out the owner and number of the cab, and the circumstances of the accident. On November 26 I did not tell Mr. and Mrs. Barker that the company would pay nothing beyond £5 and costs, or that they had only paid £5. I said the costs would be paid and all the expenses and that this £5 was for Mrs. Barker as arranged. I did not say, "That was all we could get out of the company." They declined to receive the £5 unless I paid the doctor's bill. Mrs. Barker would have taken it, but the husband said, "What about the doctor's bill?" I did not say the case would have to go into court, or that it would go over the Christmas—nothing of the kind. I did not say I was going back to Mr. Peet. I have drawn out all the money except 10s. I have money coming in and could pay the £5. I do not think William Barker knew about the arrangement that I made with his wife. I said nothing about having opened an account at Farrow's Bank or endorsing the cheque. As John Barker had introduced the business to me, I wrote to him to meet me, which he did and I told him what had occurred. I did not tell him I had received £12 2s., and I did not tell him that I had arranged to give them £5, because he knew it—he frequently called upon me and I had mentioned that I had arranged to give Mrs. Barker £5. I never told Mr. Peet that prosecutrix had refused to accept £5. I did not take the cheque to Mrs. Barker and ask her to endorse it, as I wanted to save time; I paid it straight away to get it cleared.
Re-examined. I have a fairly good trade as a tailor. Mrs. Barker said to me, "I leave everything entirely to you so long as you get me £5." (To the Judge.) Peet paid me £1 1s. out of his costs. I did not tell him I was going to be paid by Mrs. Barker. Mr. Peet did not mention the amount of his costs.
RICHARD INMAN . I come here in custody, being imprisoned for non-payment of rates. Early in November, 1909, I saw prosecutrix with prisoner and his wife at prisoner's shop. Mrs. Edgar introduced prosecutrix as the lady who had met with an accident at Wandsworth Bridge. I asked prosecutrix, "Were you hurt?" She said, "No, I was not particularly hurt; I was more frightened than hurt. I jumped out of the trap and I did slightly sprain my ankle." I asked her if she had a solicitor. She said, "I have left it entirely in the hands of Mr. Edgar to do anything for me." I asked her if she claimed any particular damages. She said, "That I have left entirely to Mr. Edgar." I said, "If anybody handed you £5 to-day you would accept the money?" She said, "Yes, indeed I should and be thankful."
Cross-examined. I was present at the police court, but was not called. I had given prisoner's solicitor a brief idea of my evidence. I have known prisoner for two or three years as a tailor and he has made clothes for me. I am certain I had this conversation with the prosecutrix. I cannot now recognise the prosecutrix.
FLORENCE BARKER , recalled. I did meet Inman at prisoner's house. I had no such conversation as he has stated. No mention of money was ever made either to Inman or the prisoner. I did not know Inman's name.
Prisoner confessed to having been convicted at Clerkenwell Sessions on February 7, 1899, of obtaining goods by false pretences, receiving six months' hard labour, after a previous conviction on March 5, 1894, at this Court, when he received 15 months' hard labour for fraud and conspiracy; on May 21, 1909, he was fined 20s. or 14 days for illegal pawning. Stated to have obtained other goods, which he had pawned.
Sentence, Three years' penal servitude.
BEFORE JUDGE LUMLEY SMITH.
(Monday, January 17.)
Sentence, Six months' imprisonment, second division, on each indictment, to run concurrently.
Mr. E. Jones Williams prosecuted.
my way home; I was carrying a parcel containing a dress jacket. A man seized me by the neck and threw me down, throwing the parcel in the road. Another man picked it up and ran away; a constable gave chase and captured him. I identify Gaylor as the man who attacked me and Crawley as the man who took the parcel. I was quite sober.
To Crawley. You did not say when you were captured that you had simply picked up the coat.
Police-constable GEORGE HILLIER, 76 C. On the night in question I was on duty in Bateman Street. I saw two men struggling in the roadway. As I was walking towards them Crawley passed me, turning into Frith Street; he was carrying a parcel. Hearing some-one shout, "He has got my parcel," I gave chase, and eventually caught Crawley in Soho Square. When charged he made no reply.
Detective-sergeant CHARLES SQUIRE, C Division. On December 10 I was at Marlborough Street Police Court, where Gaylor was detained on another charge. He was placed with other men and picked out by Casemaker as the man who had attacked him on November 30. Gaylor was then charged and made no reply. He afterwards said to me, quite voluntarily, "I did not knock the old man down; I only fell over him. The fact is this: Crawley and I came out of Hills' drunk? Crawley said, 'Catch hold of the old man round the neck,' I went to do so, but stumbled off the kerb and fell on him."
GEORGE GAYLOR (prisoner, on oath). On this night I was a little the worse for drink. Going along Bateman Street I accidentally slipped; I happened to catch prosecutor and knock him down. I fell on top of him. I got up and walked away.
JAMES CRAWLEY (prisoner, on oath) said he was walking along Bateman Street and, seeing a parcel in the road, picked it up, as anybody might, and walked away. He was just opening it to see what it contained when the policeman came up and arrested him.
Verdict, Guilty. Each prisoner confessed to a previous conviction. Prisoners were then indicted as habitual criminals under the Prevention of Crime Act, 1908.
Detective-sergeant SQUIRE proved the service of notices, etc. Police evidence was called to prove that Gaylor was convicted on September 3, 1901, of larceny and assault on police, sentence, 18 months; on May 26, 1903, of burglary, sentence, four years' penal servitude; on April 20, 1909, of larceny, sentence, three months' hard labour, and license revoked; discharged from prison July 6, 1909; many convictions prior to these three were also proved. Crawley was proved to have been convicted on February 5, 1901, of house-breaking, sentence, 18 months' hard labour; on August 12, 1902, of larceny, 22 months: on July 10, 1906, of housebreaking, sentence, three years' penal servitude and two years' police supervision; many other convictions dating back to 1894.
Judge Lumley Smith said that under the new Act if he sentenced prisoners as habitual criminals he would have to give them, following a period of three years' penal servitude on the original indictment, a further term of (at least) five years' preventive detention. In his view this would be excessive punishment, even for these men. He decided to pass no sentence upon the conviction of being habitual criminals; the conviction would remain on record. On the conviction for robbery with violence, he sentenced Crawley to two years' hard labour; Gaylor to the same term, less one week (so that the two should not be discharged from prison on the same day).
BABBS, Charles (24, packer), and KINGSNORTH, Samuel (23, dealer) , breaking and entering the shop of Samuel Robert Edwards and stealing therein a phonograph, 24 records, and other articles, his goods.
Mr. Tully-Christie prosecuted.
SAMUEL ROBERT EDWARDS , working jeweller, 34, Northampton Square, Clerkenwell. On December 24 I left my premises properly locked up. I returned on December 28 and found the locks broken and everything in confusion, and a phonograph, a clock, a concertina, and other goods missing. I identify the photograph produced, value £8 15s., the concertina, value £4 10s., and the clock, value £1 5s., as my property.
ANNIE KEELIS , machinist, in the employ of prosecutor. I live at 34, Northampton Square. On December 27 I left the place securely locked up about 6 p.m.; returning about 8.15 I found it had been broken into. I missed a pair of sugar tongs.
Detective THOMAS RADCLIFFE, G Division. On December 29 I went to 118, Britannia Street, and saw the two prisoners. I said, "I believe you have some stolen property here." I found a concertina, a phonograph and records, and other things. I said, "This is part of what we are looking for." Babbs said, "I know nothing about it; it was brought here by a friend of mine." Kingsnorth said, "It was brought here by a man who was introduced to me by a friend of mine; I shan't give you his name." On being charged Babbs said, "I know nothing about it, but I can prove where I was at six o'clock that night." Kingsnorth said, "He knows nothing about it; he is only a lodger of mine."
To Kingsnorth. You did not say, "I cannot tell you the name of the man who brought them, because I don't know him well enough."
Detective WALTER SELBY, who assisted in the arrest, said that on the way to the station Babbs said, "I would like to know who told you to come there."
Police-constable FREDERICK DUNCAN, 104 G. On December 28, at 6.30 p.m., I was in City Road when I saw Babbs carrying a parcel. He went into a small jeweller's shop. Through the window I saw the jeweller with a clock in his hands. Shortly after Babbs came out carrying the glass shade of the clock. I followed him to 118, Britannia Street.
SAMUEL ALDERSON , working jeweller, 148, City Road. About 6 p.m. on December 28 Babbs brought me the clock produced. He said he wanted to sell it for a friend of his and asked me whether I would give him 12s. 6d. for it. I told him it was no use to me; it was broken, and I said I would repair it for him; he left it with me and took away the glass shade.
Babb's statement before the magistrate: "I lodge at the place where these things were found; when the property was brought there it was placed in my room, which is also used by Kingsnorth; Kings-north asked me to sell the clock for him." Kingsnorth made no statement.
CHARLES BABBS (prisoner, on oath). On December 27 I was with my young lady from 6.15 to 11.30. Next morning, when I got up, I saw the clock on the dresser. Kingsnorth told me two young fellows had brought it for him to look after. He said, "I think I can buy this clock; perhaps you know somebody who can sell it for me." I accordingly took it to Alderson, as he has said. I did not know it was stolen property.
Cross-examined. Kingsnorth told me that he had been to a party and two young fellows had asked him to look after the clock till they called for it. The phonograph was not found in my room.
SAMUEL KINGSNORTH (prisoner, on oath). At 10.30 p.m. on December 27 I was standing at my door when two young fellows I knew by sight came to me. They said they had just come from a party, and asked me if I would look after a gramophone and a concertina for them; the articles were in a bag. I said I would take charge of them till the next day. They asked if I wanted to buy a clock. I said no, but I might know someone who would buy it. Next day, about dinner-time, they came again; I said I had not sold the clock. They said they would call that night and take the things away; they did not come. On the 29th the detectives came and said the articles were stolen property.
Cross-examined. I did not know much of the two men; only a little. They looked decent sort of chaps, and I thought it was all right.
Verdict (both prisoners), Guilty of receiving.
An indictment against both prisoners for another housebreaking, and an indictment against Kingsnorth for robbery with violence, remain on the file of the Court.
Kingsnorth confessed to having been convicted of larceny in February, 1903, at Worship Street Police Court, and other convictions were proved.
Sentence, Kingsnorth, 12 months' hard labour; Babbs, Eight months' hard labour.
BEFORE THE RECORDER.
(Tuesday, January 18.)
REINER, Thomas, alias Jones (21, carman); stealing one set of harness, one van and 30 chests of tea, the goods of Robert Alfred Kearsly, his master, and stealing one mare, the goods of the said Robert Alfred Kearsly.
Mr. Travers Humphreys and Mr. Roland Oliver prosecuted; Mr. H. W. Wickham defended.
WILLIAM KEARSLY , clerk to Robert Alfred Kearsly, trading as Tingle, Jacobs and Co., carmen and contractors, 4, Billiter Street. The firm have a depot at Hanbury Street, where the vans are kept. On December 16, prisoner called at 173, Hanbury Street and applied for a job as a carman. He gave the name of Thomas Jones, 1, Diggon Street, Stepney Green. On December 20 he was sent out. I told him to go to Cutler Street warehouse with a van and horse. It was about 7.45 a.m. when I gave him the order. He was to collect 30 chests of tea and deliver them to Messrs. Lyons at their head depot, Cadby Hall, Kensington. Cutler Street is adjacent to Billiter Street, and when loaded he was to report himself at our offices, 4, Billiter Street, before he started to deliver, which duty he fulfilled. He was timed out of our office in Billiter Street shortly before 10 o'clock. He left Hanbury Street with van No. 175 and a brown mare. I said to him, "You know Lyons's?" and he said, "Yes." I saw nothing more of him until after his arrest the next night. He did not report to me the loss of any van. Cutler Street is quite close to Bishopsgate Street. Leaving Cutler Street to go to Cad by Hall, Kensington, it is not necessary to go anywhere near Kingsland Road. Going in that direction would be going north-east instead of west. The value of the 30 chests of tea is £165 wholesale. The value of the van and horse would be about £65.
Cross-examined. This was not the first journey prisoner had done. We do not always have a van boy, only in parcels work, where it is necessary to leave the van unattended; not when the van is to go direct to the warehouse. At Lyons's the van goes into their own gateway. On one occasion prisoner had a van boy with him. Kingsland Road would be a good mile out of prisoner's way. The traffic is less in the Kingsland Road than by the other route. It is not the custom to take a devious route in order to avoid traffic. Lyons have only one depot from which they distribute tea to the different shops. We are not in the habit of taking people to distribute tea of this value without references. Prisoner did not tell me he had been at Lloyds' for, a period of three years and with Abbotts' 15 months. He did not give me a written character when I engaged him. He
said he had worked for Macnamara's, but we found that was false, and with Collins in Mile End. As to the name Jones, I have been given to understand he adopted that name because his mother had married again.
Re-examined. Collins's also said they did not know Jones. Inquiries were made at the address in Diggon Street the same night the tea was lost. Prisoner was not known there.
GEORGE BENNETT , delivery foreman to the Port of London Authority at the Cutler Street bonded tea warehouse. Cutler Street is a turning out of Houndsditch, which in its turn is a turning out of Bishops-gate Street. On December 20 prisoner applied to me for 30 chests of tea on behalf of Tingle, Jacobs and Co. I first saw him after eight o'clock. He did not produce a warrant, only a delivery sheet. It was not ready for him then. I missed him till 9.15, when he returned to load. I asked him where he had been. He said he had been to breakfast. His pass was signed at 9.30, he went away, and I saw nothing more of him. There is a w. c. in the yard where the carmen and men go. I heard him ask the man at the loophole where it was. The document produced is a request to deliver to Tingle, Jacobs's carman, 30 chests of tea for Lyons and Co., Cadby Hall, Kensington. The duty is paid by Lyons. The duty papers are there before we let the goods go.
Cross-examined. Prisoner did not mention that he was suffering from diarrhoea. When he asked at the loophole where the w.c. was I was standing just inside.
CHARLES MURRAY , carman, 35, Essex Street, Shoreditch. On Monday, December 20, I was not in the employ of Messrs. Tingle, Jacobs. I had been employed by them previously and called on that day to see if I could start work again on the Tuesday. Leaving there I went to my brother-in-law's, 34, Dunstan Road, Haggerston, a turning out of Kingsland Road. On my way back, about 1.30, I saw one of Messrs. Tingle, Jacobs's vans driven by Jones (prisoner), No. 175. I noticed that the van was loaded with tea. There is nobody in that direction to whom tea is delivered. The place where I saw the van is about 10 minutes' walk from Cutler Street. The Kingsland Road is not on the way to Kensington. If I were going to Kensington from Cutler Street I should go into Houndsditch and so into Bishops-gate Street to Threadneedle Street. The direction in which prisoner was going in Dunstan Road would take him straight to the free ferry at Woolwich. Next day I identified the van which prisoner was driving. I only knew prisoner by seeing him in the stables the day before.
Cross-examined. He was then in his shirt sleeves, cleaning a horse. My age is 20. I left the Army on November 23, after a year and eight months' service, discharged as medically unfit. I was asked to give evidence in this case the day after the tea had been lost, Tuesday, the 21st. I am prepared to swear that I have made no mistake as to the identity of the prisoner. About 150 carmen are employed by Messrs. Tingle, Jacobs, of whom I might be able to identify perhaps 50.
FRANK HOWELL , 1, George Street, Woolwich. On December 20, at eight p.m., my attention was called to a van and horse unattended outside the shop. The van was empty and I took it to William Street Police Station.
Inspector FREDERICK WOODCOCK, Woolwich Police. On December 20 the last witness brought to the station van No. 175, the property of Messrs. Tingle, Jacobs.
Mr. Wickham objected to the evidence of the following witness.
WILLIAM ADAMS , carman, employed by Messrs. Tingle, Jacobs. I have been with the firm three years. I know prisoner just to nod my head to. I know him by the name of Reiner. On the evening of December 20, the day the tea disappeared, I was spoken to by Mr. Kearsly and by the police. Next day in the evening I went with Detective Collings to Conder Street. I did not see prisoner there. From there we went to 15, Dora Street, where I first saw prisoner's brother and afterwards prisoner himself. I had conversation with prisoner. Collings at this time was up at the top of the street, 10 yards or 15 yards off. I said to prisoner, "I have come round to give you the 'wheeze' that the 'tecs' are after you." He said "Yes." I said, "I would like to know where to do a load in." Prisoner replied, "There are another two who are going to do a load in." I said, "Who are they?" He replied, "Clarke and Pearman," who were formerly carmen in the employ of Messrs. Tingle, Jacobs. I said, "Where did you do your load in?" He replied "Woolwich." I said, "Where in Woolwich?" He said "Woolwich." While in conversation with him he gave me 6d. and thanked me for giving him the "wheeze." I took it, but gave it to him back on the way to the station. Seeing the postman coming towards us he said, "Who is this?" I said, "That is no one; it is only the postman." The post-man had his uniform on. Then he saw Collings coming towards us and went back to the door. I do not know whether he recognised him or not. He said, "Who is this?" I said, "No one." He went back to the door then and I seized him. We both fell into the road. As I fell so Collings came on the top of me and arrested him. I said to him, "That is the man. He told me he done it in at Woolwich. Prisoner was taken to the station. When I handed him back the sixpence Collings said, "What was that for?" I said, "That is what he gave me for giving him the 'wheeze.' "
The Recorder asked Mr. Wickham what was his objection to the evidence.
Mr. Wickham said the objection was that the witness ought to have cautioned prisoner that he was acting under the instructions of the detective.
The Recorder. You had better cross-examine him about it.
Cross-examined. I stated at the Mansion House, "In what I did I was acting under the instructions of Detective Collings."
The Recorder. What is your objection to that?
Mr. Wickham. I submit that the law does not allow a man under suspicion and about to be arrested to be interrogated. The committing Magistrate could not do it, and it was a great mistake to do it in this instance.
The Recorder. I cannot exclude the evidence on this account. The police are entitled to use means to bring criminals to justice. They may employ an agent in securing the arrest of a man.
Mr. Wickham referred to the Yeovil murder case (R. v. Baker, 41 J. P., p. 187), tried at the Somerset Summer Assizes in 1877, before Lord Chief Justice
Cockburn, who made use of the words he had quoted ("The law does not allow a man under suspicion and about to be apprehended to be interrogated at all; a judge, magistrate or jury could not do it, and it was a very great mistake to do so in this instance.") There the inspector spoke to the prisoner before he was arrested.
The Recorder. What do you want me to do?
Mr. Wickham. To exclude the evidence as inadmissible.
The Recorder. I cannot exclude the evidence.
Mr. Wickham. Very well: I take the point. I objected first of all that the evidence was inadmissible, and your Lordship said I must wait.
Further cross-examined. It was on the instructions of the detective that I said to prisoner, "I have come to give you the 'wheeze' that the detectives are after you." I saw Detective Collings at the Minories Station. I had previously seen another detective in the presence of a member of the firm. I did not take it for granted that prisoner had "done it in"; he told me so. I was not very hostile to prisoner. When I went to see him my feelings were otherwise than friendly. I have never been connected with his family. I know them through, living round the neighbourhood. I have not been "walking out" with prisoner's sister and there has been no family row in consequence. When I told prisoner I had come to give him the "wheeze" he smiled and said "Yes." He did not go into his own cleverness in doing his load in, but said, "There are two more going to do a load in." He did not give me the 6d. because he was pleased the horse and van had been found, but by way of thanking me for giving him the "wheeze." I knew then that the horse and van had been found, but I had not told Reiner. I had no conversation with him about the horse and van. The expression about "doing a load in" came from me, not from prisoner. I said I would like to know where to "do a load in."
Re-examined. I have never had any quarrel with prisoner.
Detective JAMES COLLINGS, City. I heard of the loss of these 30 chests of tea on the morning of December 21 from my inspector. I saw the witness Adams. Prisoner's address was given to me as No. 1, Diggon Street, Stepney, which was the address he gave his master. I did not go-there, but went in the evening with Adams to an address in Conder Street. From there we went to Dora Street, and Adams went to No. 5 under my instructions. I saw him talking to prisoner. I went towards them. Prisoner then stepped towards the door, and as he did so Adams seized him and they both fell to the ground. I then arrested prisoner. Adams said to me, "This man has told me he has 'done his load in' at Woolwich." I told prisoner I was a police-officer and should arrest him and take him to the station. He was there charged with stealing one mare, one van, etc. He replied, "I know nothing about it." On the way to the station Adams, who was walking on prisoner's left hand, handed him something. I said, "What is that?" He said, "That is sixpence which he has given me for giving him the 'wheeze.' "Prisoner made no observation. When the charge was read over to him he said, "I did not steal it. I was taken short and went into the urinal in Bishopsgate Street Without and when I came out the van had gone." There is a urinal in Bishopsgate Street Without, about 400 yards from Cutler Street and about 230 yards from the top of Houndsditch. It is just opposite Middlesex Street and nearly opposite the police station. The
police received no intimation from prisoner of the loss of this van. I made inquiries in the neighbourhood. There were plenty of police about. There is one on point duty just outside the urinal, or he could have given information at the police station, when the facts would have been immediately circulated. There is also a policeman at the door of the station and within 50 yards there are quite half-a-dozen policemen, on account of the traffic. I did not find the delivery notes produced on the prisoner, but at 15, Dora Street, when I searched the place. I was unable to search the house that night because there was no one at home, but I went early the next morning.
Cross-examined. I have been in the detective force a good many years. I should not think it right to communicate with a prisoner just before arresting him. I went with the express purpose of Arresting him. I gave Adams certain instructions. I will explain why I sent him there.
The Recorder. You had better not volunteer. Answer any questions that are put to you. Your duty is to detect crime and to bring criminals to justice.
Witness. That is so, my lord—and to use certain means if necessary.
Further cross-examined. It is also my duty to protect the innocent. The horse and van being found in Woolwich I should not necessarily expect to find the stolen property there. Inquiries were made at Woolwich. Prisoner at once said that he knew nothing about it. I know that prisoner was employed by Lloyd's for three years. Adams has been attending the court all the week and I have had several conversations with him, he being in the building. Tenpence was found on prisoner, including tine 6d. he gave to Adams. When I went to arrest prisoner I had no evidence against him except that the tea had been lost; the only things that were against him were that he had not reported it, he had not been seen, he gave a false address, end he had not taken the van home. I cannot tell if his brother lives at the address in Dliggon Street. I know that his mother married a man named Jones. Prisoner was employed by Messrs. A. and C. Lloyd, carmen and contractors, Upper Thames Street, for about three years and discharged in March, 1908.
THOMAS REINER (prisoner, on oath). I was employed for a period of three years by Messrs. Lloyd. I was afterwards employed by Messrs. Abbott until October or November of last year. When I left them they gave me the testimonial now produced, stating that I had worked for them one year and six months and they had always found me honest and my abilities good. I went into the service of Tingle, Jacobs and Co. on December 16. On that day I was told to go to Billiter Street and I went to get a load from London Docks. I always took the van out alone. On Monday, December 20, when I was told to go to the bonded warehouse I was very queer, having taken some medicine on the Sunday. I asked Mr. 'Bennett where the
w.c. was and he told me. When I got my load of tea I was going to Kensington by way of the Embankment out I was taken queer and went into the urinal. I asked a chap to look after my horse, and told him I would give him a drink if he would do so while I went down there. When I came up the man and the horse and van were gone Immediately I was arrested I said I did not know anything about it, meaning by that I did not know where the load was gone to. I told him I was taken short and had to down the urinal. I gave Adams the sixpence for coming and telling me he had found the horse and van at Woolwich. I never told him that I had "done that load in" at Woolwich. I did not use the expression about "doing the load in"; that was this expression. Finding the horse and van gone I asked a fellow if he had seen them, and he told me he had seen them going through Bishopsgate Street. Of course I ran to look for the van and asked people if they had seen it. I did not know what to do with myself; I had never lost anything before. I stopped out all night looking for the missing property. I know the exact situation of Cadby Hall, Kensington. It is just by Gloucester Road. It is not true that Murray, the carman, saw me in Kingsland Road at 1.30 p.m. My mother is married to a man named Jones and I go alternatively by the names of Jones and Reiner.
Cross-examined. When I went to Messrs. Tingle, Jacobs and Co. on December 16 I was living at 15, Dora Street. I went there from Diggon Street a day or two before I started with Tingle, Jacobs. I was living in Dora Street in the name of Reiner. Mr. Abbott knew me both as Reiner and Jones. I gave my address as Dora Street when I started. Mr. Kearsly is wrong in saying I gave it as Diggon Street. I do not know how Mr. Kearsly came to know about Diggon Street; I did not give him that address. I did live in Diggon Street until December My landlady knew me in both names. When Mr. Kearsly asked me for references I did not give him the name of Macnamaca. I gave him the name of Abbott. I have never worked for Mr. Macnamca I did rot notice Mr. Keasiv writing in a book what I had told him about myself. I cannot say how he came to make a mistake between Macnamara and Abbott. I told him I had worked for Mr. Collins, of West Road, Mile End. Just after I left Abbott I was employed by Collins. Collins knew me in the name of Reiner. The character from Abbott has been obtained for me while I have been in prison. Mr. Abbott cannot write; Mrs. Abbott does all the writing: he has only got one arm, the left arm. His business is that of carman and contractor. It is true that I was discharged from Lloyd's for being drunk in charge of one of their horses and vans. I was employed by Messrs. Evans and Sons and discharged from there in May, 1909. They wanted to say I had had three bottles of sweets, which I had never had. I have been a carman altogether for about six years.' It has happened to me before when I have been in charge of a van that I have wanted to go into the lavatory. In these cases I get a chap to look, after my horse. I have sometimes seen a policeman and asked him to look after it. I did not notice a policeman in Bishopsgate Street either outside the urinal or on point duty. I did
not ask a policeman to look after my van because I wanted to go below too badly. A few minutes before I had been to the w.c. at the ware-house in Cutler Street. I asked some chap on the pavement to look after the van. I thought I could have trusted him till I come up, though he was a man I had never seen before, as I had trusted other people. I was very surprised when I came up to find the van had gone. I do not know why I did not tell the nearest policeman. I had never lost anything before. I did not go back and tell my employers because, being a new man, I did not like to. What I did was to run about all night long, and I did not even go home till Tuesday about the middle of the day. I say that the evidence of the witnesses Kearsly, Murray, and Adams is quite wrong. I do not know the meaning of the expression about "giving the 'wheeze.'" What was taken down at the Mansion House as my evidence is not true: "I did give Adams 6d. for giving me the wheeze.' He gave it me back after he knocked me down." I did not touch Kingsland Road; nobody saw me there.
WILLIAM KEARSLY recalled. The two references given me by defendant were Macnamara and Collins. I wrote them down in his presence when he gave them to me. He stood just inside the office door. The following are the entries I made in the book (produced) in his presence: "Thomas Jones, 1, Diggon Street, Stepney Green. Macnamara's 1 1/2 years." I then said, "Where did you work previous to that?" He said, "At Collins', West Road, Mile End," and I wrote that down. As a matter of fact there is no West Road; it is West Street;
Mr. Wickham proposed to call Mr. Abbott to prisoner's character, but the witness did not appear.
Verdict, Guilty, but the jury expressed the opinion that prisoner had been a tool in the hands of others.
Detective COLLINGS, recalled, said that prisoner's brother had been convicted of receiving stolen property and no doubt knew people who would buy without asking inconvenient questions. Van robberies had not lately been so frequent as they were some six months ago. The vans were generally found in a side street with the horses driven almost off their legs. Witness knew nothing about Mr. Abbott.
Sentence, 12 months' hard labour. The Recorder observed that prisoner no doubt entered this employment for the purpose of stealing the first good load that came in his way, very likely incited to it by his brother, who had been convicted of feloniously receiving stolen property.
ROAST, Stephen George (25, labourer), and NORTH, Nicholas (22, labourer) ; both robbery with violence upon George Verdeille and stealing from him the sum of £1 Os. 9d., two keys, and two purses, his goods and moneys.
North pleaded guilty of robbery without violence.
Mr. Tully-Christie prosecuted.
there was nobody about that I could see, but at the opposite corner I saw two shadows run right across as it might be. (Witness identified the prisoners.) Roast got his arm round my throat; I turned and looked at him and saw him clearly, and the other man robbed me at the same time. They took from me £1 Os. 9d., two keys, and two purses. (Witness identified his property. One purse I used to put silver in and the other is for gold.)
To prisoner Roast. Though you had your arm round my throat it was possible for me to recognise you.
WILLIAM JOSEPH HARDING , 67, Bridge Street, Mile End. On the night of December 12, about one o'clock, I had just turned out of Gossett Road, coming from Bethnal Green, and when passing Princes Place I heard a shuffling sound coming from that turning and I saw the two prisoners run by me. I knew it was no good inquiring down there what had happened, and I realised at once that the best thing was to catch them. I immediately gave chase to prisoners, who had got about 15 yards ahead, and raised the cry of "Stop thief!" Roast immediately turned and I caught hold of him and then a policeman came round the corner with North in charge.
Police-constable JOE SIMMONS, 476 J. On the night of Sunday, December 12, shortly after one a.m., while on duty in Alderney Road, I heard a cry of "Stop thief!" Turning I saw the two prisoners running towards me, closely pursued by the last witness. I caught prisoner North and prisoner Roast turned to run in the direction of Globe Road. I said to North, "What are you running for?" He replied, "I am going home." I said, "You will have to come back with me." He said, "All right, governor; it is up." I then went back in the direction of Globe Road, where I saw Roast being detained by the last witness. Prosecutor was standing there and said he had been assaulted and robbed of £1 odd. I took both prisoners into custody. On the way to the station I met Police-sergeant Clarke and handed prisoner Roast over to him. While proceeding along Globe Road into Green Street, 7s. 6d. fell down the leg of prisoner Roast. On the charge being read over to prisoners at the station they made no reply. A 2s. piece was found in prisoner Roast's mouth and in his pockets 4s. 6d. in silver and 9 1/2 d. bronze. Prisoner North had a 2s. piece in his left sock, 3s. in silver, and 3d. bronze.
Police-sergeant ALFRED CLARKE, 13 J. On the night of December 12 I met last witness with the two prisoners in the Globe Road. I relieved him of prisoner Roast. On the way to the station in Globe Road Roast put his hand in his right-hand trouser pocket, withdrew it with some money, touched me, and said, "Here you are. Take one of these; it will be all right." I replied, "I do not want it." A little further along he said, "Wait a minute; something has slipped down my trousers." He stooped, turned down his sock, where there were some silver coins and said, "Take hold of it; how much is it?" I replied, "7s. 6d." A little further along he said, "You put it in your pocket and keep it there; it will be all right." When searched at the station there was found on him 3,4s, silver, including
the 7s. 6d. found in his sock, and 9 1/2 bronze. The money found on the two prisoners comes to £1 Os. 5 1/2 d., that being within a few pence the money lost by prosecutor.
Verdict, Roast, Guilty of robbery without violence.
A long list of convictions was proved against both prisoners.
Sentences: Roast, 20 months' hard labour; North, 18 months' hard labour.
The Foreman stated that the Jury wished to commend the conduct of the witness Harding.
The Recorder said he was glad to hear the Jury say so. He was sorry to say that the police did not get much assistance in the streets, and it was refreshing to find a young man with the courage to follow up these two men in the early morning. He quite concurred in the commendation of the Jury, and thought Harding deserving of the thanks of the public for courageously pursuing these men and bringing them to justice, and he would direct that Harding receive a reward of £2 in addition to his expenses.
BEFORE THE COMMON SERJEANT.
(Tuesday, January 18.)
FIELD, Henry (53, horsekeeper) , feloniously marrying Sarah Lucas, his wife being then alive; feloniously causing and permitting to be inserted in a Register of Marriages a false entry of a matter of a marriage with himself and the said Sarah Lucas.
Mr. Ernest E. Williams prosecuted; Mr. Considine O'Gorman defended.
Detective-sergeant WALTER MAYNE, V Division. On November 23, 1909, at 9 p.m., I saw prisoner detained at Wandsworth Police Station on another charge, and said, "I am a police officer, and from inquiries I have made you will be charged with feloniously intermarrying with Sarah Lucas on December 29, 1906, at the Registry Office at Battersea, your lawful wife, Mary Ann Field, being then and now alive." He then commenced to make a statement. I stopped him, cautioned him, and then took his statement down in writing (produced), which was signed by prisoner. When charged he said, "All right." I produce certificates of prisoner's marriage with Mary Ann Hayes, on November 19, 1876, at Nuneaton, in which he is described as "Wm. Field, 24 years of age, bachelor," and of his marriage on December 29, 1906, with Sarah Lucas at the Registry Office, Wandsworth, in which prisoner is described as "George Henry Field, 41 years of age, bachelor." I have compared both certificates with the records at Somerset House and found them to correspond.
Cross-examined. Prisoner left Nuneaton in 1904. His daughter married a Mr. Cave; they lived in Nuneaton, had a daughter, and subsequently Mrs. Cave died, when Mr. Cave sold up the home and went away. Prisoner had separated from his wife and there was an agreement under which he was to allow her 10s. a week. My sister is not given to drink.
Cross-examined. Prisoner told me his wife had been a very bad woman, that he had left her living at Nuneaton, and that Alfred Woodford had told him his wife was dead, having heard it at Leicester. I told my father the whole of the circumstances—he did not suggest that inquiry should be made. I signed a form of notice of marriage at the Registry Office, describing myself as a spinster and the prisoner as a bachelor. On account of the error in describing myself as a spinster there was a new notice describing me as a widow—I do not remember who signed it.
FREDERICK UDALL , 144, Upper Richmond Road, Putney, Registrar of Marriages, Wandsworth. I produce marriage register containing entry made by me of the marriage of George Henry Field and Sarah Lucas on December 29, 1906. I officiated at the marriage. I do not remember the marriage, but I always ask the parties if they have been married before and make the entry accordingly.
GEORGE HENRY FIELD (prisoner, on oath). I married my first wife in 1876. and continued to live at Nuneaton till 1904. In 1902 or 1903 I separated from her, gave her a little home, and made an agreement to pay her 10s. a week. In 1904 I removed to Morden with Woodford and we took a little general shop there. My brother and sister and my daughter and her husband, Mr. Cave, knew I had gone to Morden. I heard from my daughter twice after I had removed. No claim was made on me for the 10s. a week. Woodford and I afterwards sold the shop at Morden and moved to Rymill Road, Wandsworth, where we lived till 1906, when, Woodford being out of work, he went to Leicester for a few days. When he came back he said to me, "I have heard from Cave some news—it is a good thing for you—your wife is dead and your daughter." Woodford had lived in Nuneaton. and was acquainted with people I knew there. I believed his statement. Six or eight weeks afterwards I walked out with Mrs. Lucas for some time—in August and September, 1906; I told her and her father what I had heard from Woodford.
Cross-examined. I took no steps to find out if what Woodford had said was true. From the time I had left Nuneaton I had not contributed
anything to my wife's support. I entered my age as 41 when married to Mrs. Lucas; that was a mistake—I was 50 at the time. The Registrar did not ask me if I had been married before.
Re-examined. The two notices produced are identical except that in the first Sarah Lucas is described as a spinster and in the second as a widow. The signature is my writing. It was not filled up from answers given by me. The error in the first notice was found out after we had gone through the marriage ceremony, when Sarah Lucas's father came to sign his name. The Registrar asked my father's name. I said, "Richard Field." He then asked Mrs. Lucas's father's name. She said, "Henry Head." He said, "How can this be right?—you must be a widow." She said, "Well, it is my mistake." He said, "You will have to hang up another notice for three weeks, and pay an additional 2s." I paid the 2s. and we had to wait three weeks for the marriage. I never noticed that I was wrongly described—I did not read the notice before signing. Leicester is about 18 miles from Nuneaton. Woodford told me that his brother had told him my wife was dead. Up to the time I left Nuneaton I paid my wife 10s. a week.
(Wednesday, January 19.)
Verdict, Guilty. The jury added: We find the prisoner guilty in not using reasonable means to ascertain whether his wife was living or not; but we consider he has acted foolishly and recommend him to the mercy of the Court.
Prisoner confessed to having been convicted on July 3, 1894, at Warwick Quarter Sessions and sentenced to six months' hard labour for receiving stolen goods; three summary convictions for drunkenness, etc., were proved, the last being in 1903. He was stated to have been of good character for the last four years.
Sentence, One month's hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, January 18.)
Mr. D. T. Davies prosecuted; Mr. Temple Martin defended.
Verdict, Not guilty.
ROBINSON, Samuel (25, hosier), JORDAN, Ellen, and FULLER, May ; all stealing one book of check forms, the property of John Bowen Evans, the master of S. Robinson, and forging and uttering, knowing the same to be forged, five several accountable receipts for 14s. 5d., 18s. 8d., £1 0s. 10d., £1 1s. 5d., and £1 1s. 7d. respectively, in each case with intent to defraud.
Mr. Leycester and Mr. Stanley Crawford prosecuted.
Robinson pleaded guilty.
The "checks" in question were credit slips used by Evans, a draper in Chapel Street, Islington; they were handed out to assistants in books of fifties. Customers depositing a given sum would be handed a check; on making a purchase the amount would be deducted, the original check would be given up, and the customer Would be handed by the assistant a new check showing the amount standing to credit. The check besides showing the amount in ordinary figures would bear the private marks of the firm identifying these figures. Robinson being an assistant of the firm knew the private marks. Having stolen a book of fifty checks he filled these up for various amounts, giving the appropriate private marks; a considerable number had been presented to Evans by various customers and duly honoured. Three of these had been presented by Jordan and Fuller, and the question in the trial of these prisoners was whether they knew the checks to be fraudulent; each declared that she had paid for the checks and had no knowledge that they were other than genuine. The jury took this view and found Jordan and Fuller Not guilty.
Sentence (Robinson), Twelve months' imprisonment, second division.
Mr. Warburton prosecuted; Mr. St. John Macdonald defended.
Rossiter was released on his own recognisances in £5, Baker on his own recognisances in £5 and those of a former employer in the like sum, to come up for judgment if called upon.
BEFORE THE RECORDER.
(Wednesday, January 19.)
Mr. Henry Lancaster prosecuted; Mr. Huntly Jenkins defended.
FRANCIS KING , 3, Pool Street, New North Road, Hoxton. I am a carman and work for Mr. Charles Fisher. On December 15 last I was in Moorfields delivering goods for Raphael Tuck and Co. with two cobs and a trolley. There were ten cases in all. One I took into Raphael Tuck's; that left nine. I went into Messrs. Raphael Tuck's to get a note signed for correct charges for cartage. I was inside about six minutes. When I came out my horse and van were gone and also the boy to whom I had given 2d. to mind it. I next saw the trolley and horses at Bethnal Green Road Police Station. The cases contained Christmas novelties and toys and there were two cases of glass. On December 16 I went to a stableyard, Delta Street, where I saw the nine cases that had been stolen. The cases were broken up and strewn
about the stabling. There is a warehouse in the yard and some of the cases were in the stable and some in the warehouse. They were in good condition when I left them outside Messrs. Raphael Tuck's. I signed for them in good condition from the Great Eastern Railway.
JOSEPH NOTTAGE , 20, Bennett's Place, Hanbury Street. I am a horsekeeper and work for Mr. Jackson, oil merchant, Lumley Road, Bethnal Green. On December 15 I was just coming back from the wheelwright's when I saw a trolley being backed into a stableyard. I do not know the name of the street nor the name of the yard. I believe the number where my employer has this stable is No. 9. It was in the entrance to No. 9 that I saw this trolley. I saw that gentleman in the dock and two more unloading nine cases in the yard and he was rowing the others because they did not back the horses quite right. When I lit the light I saw that the name on the hind axletree was "Fisher." In the yard the nine cases were chucked off. I did not ask the men what they were doing; it was not my business. After I had done my horse I was going to blow the light out and that gentleman (prisoner) said, "You do not want to do that; I will see to that," so I left the light burning and went out. I saw him next morning and he asked, "Where is my tool box?" I said, "I do not know anything about your tool box." He went up to the further end of the yard, got an iron and began scraping the labels off the cases. I do not know whether prisoner was in the habit of using tools in the yard. The tool box used to stand at the side of the stall that he hired. I had seen him in the yard before. Mr. Jackson, my employer, had had a stall there about eight days. The only other occupant of the stable was prisoner, who had a horse and van there. Mr. Jackson had paid one week's rent before this happened. Prisoner found his tool box in a manger. That is all I saw. I did not see him actually opening the cases. He went away with his van in the morning and I went home to have some breakfast. I saw him afterwards in Bethnal Green Road. He said, "That boy won't say nothing, will he?" meaning my boy that goes to school and had accompanied me to the stable that morning. I said, "I do not know."
Cross-examined. This conversation took place near the "Bladebone," Bethnal Green Road. I cannot say how far it was from where I saw him scraping off the labels, as I did not have no rule with me and did not measure the distance. I mean that as a serious answer. The distance might be a quarter of a mile—from the "Gossett Arms" to the "Bladebone." On Thursday I went to the yard to do the horse and as I was coming out of the yard two policemen came up to me and said, "Where are you going?" I said, "To have something to eat; I hope so." He says, "We will get you something to eat; you stop here." I said, "What for?" One of the officers said, "That don't matter; we will tell you directly." I went up the yard and they kept me there till night, till they had got the things all ready to take away and then they took me to Moor Lane Police Station; I want to know what for. On the 15th my horse ran away and hurt its leg and I was in the yard in the afternoon of that day doing the horse's leg and the governor came round to me and told me to take
the van to the wheelwright's. It was as I was coming back from the wheelwright's that I saw this trolley with the cases backed half way into the yard. At Moor Lane, when they charged this gentleman (prisoner) they let me go. The police did not make a charge against me when they took me to the station. They took me to the station in a cart with prisoner sitting at the back of it and the police in the cart. At the station the police asked me a lot of questions. I did not mention about scraping off the labels at the Mansion House, because I was not asked about it. I remembered it after prisoner had been committed for trial. Mr. Jackson, my employer, rents one stall in these stables. I have been buying a horse or two for him for these five years. A van and horse stand at the stables. He only rented these stables a few days before this robbery. Mr. Jackson had a key of the yard gate. I used to have it morning and night. When these cases of toys were being delivered it was just getting dusk. Prisoner was never put up for me to identify. The two men with him were strangers to me. Prisoner is the man I saw in the yard on the night of December 15.
Re-examined. I never had the key of the, warehouse, only of the stable yard. There was no door to the stable; it is an open place; it is merely like a stall built in a shed. It is not fit for a horse to be in at all in cold weather.
To Mr. Jenkins. I never knew Mr. Jackson by any other name.
GEORGE JACKSON , oilman, Baroness Road, Hackney. About the 4th of last month I hired a stall in a stable at Delta Street but I do not think it is No. 9. I do not know the numlber. The rental was 3s. per week. I paid the first week's rent to prisoner. Room for the van was included in the hiring. About three days after I was there prisoner gave me a key which fitted the stable gates.
Cross-examined. I first called at Mrs. Cooke's shop in Bethnal Green Road. I thought it was Vowles's shop. She sent me round to the stables saying "You will see the governor there." It is a florist's shop. I thought the woman I saw was prisoner's wife. When I got to the stable prisoner opened the gate and let me in. I said to him, "Have you got a stall here to let and room for one van." He said, "Yes; I will show you the stall if you come in." Then we agreed upon 3s. a week rent. Previous to this I had stabling in Hoxton, but I had been without a stable for some time. It is a very bad stable and draughty. The stalls are quite open. The roof is not all right, but I took the stable until I could get a better one. My name is George Jackson, but I have one or two other names. Blyth is not one of them. One' name I have used is "Frederick Ernest Jackson." I admit I have used the name of Blyth, but I do not see that it is hardly fair for you to ask me about my name because my private affairs have nothing to do with this case. These names were taken for business purposes and for no other reason. I have been convicted, unfortunately, of receiving, five years ago at North London Sessions and sentenced to twelve months' imprisonment, but I suffered innocent as I might have suffered over this job. I have never had an ounce stolen stuff found in my possession in my life. I have been convicto
more than once of receiving. The last occasion was eighteen months ago at North London Sessions, when I was again sentenced to twelve months' imprisonment. On both occasions I was convicted innocent. The charge on the last occasion was stealing milk. I had bought it of a tradesman. Nottage has been in my employment for five years on and off. He must have missed me during the last five years. I saw Nottage on December 15. He fetched my van up to my shop at half-past ten and my wife sent him down to Bethnal Green Road. I did not see him again till the evening of that day. On the 16th he came to my shop with the van about 11.30 a.m. On the same day I saw him at the stable a little after 5 o'clock, when the officers were loading up the goods. I saw Nottage and' prisoner taken off to the police-station. The police asked me who I was and if I knew anything about the robbery and I said, "No." My man was there looking after the horse that had met with an accident; that is how he came to be there. When Nottage fetched the van to me about 11 o'clock on the 16th he said, "There was a load of stuff coming in as I was doing the horse yesterday and I did not like it. I am very near certain it is a stolen load." I said, "If it is stolen you had better go to the police about it."
To the Jury. I have always had a horse and cart to hawk oil and things around.
To the Recorder. I buy horses to sell at a profit and use them in my van. Nottage attends sales and buys them for me; he understands horses. I had been without a horse about a fortnight before I took these stables.
CHARLES FISHER , bonded carman, Eagle Wharf Road, Hoxton. On December 16 I went to No. 9, Delta Street, where I saw nine cases, two empty and the others full. They had all contained Christmas toys, "Teddy bears," and so on. The value of the toys was between £270 and £290.
Detective HENRY GARRARD. In the early afternoon of December 16 last, in consequence of information received, I went with Mr. Fisher to the stable in Delta Street. There is no number on the stable door. It is described as No. 9, but No. 9 is a private house, through which a passage leads into the warehouse at the back of the stable yard. I knocked at the door of the yard, but could get no answer, and the door of No. 7 being open, I went through that into the back yard of the house and jumped over the wall into the stable yard. I undid the stable-yard door and another police officer came in. There was no one on the premises then. I went to the end of the yard and saw four large cases. Two of the cases were empty and two full. At the end of the yard was another door leading into the warehouse at the rear of No. 9, Delta Street. From the passage of No. 9 you may enter the warehouse by a separate door. I knocked at the door of the ware-house opening upon the stable yard and failing to get an answer I put my shoulder to the door and forced it open. Inside the ware-house I found five cases, some unpacked, others not, four sacks containing "Teddy bears," and three containing dolls, ready apparently to be taken away. Opening the other door of the warehouse I found it led
into the passage of No. 9. There were two officers outside No. 9, which is occupied. At the end of the ware-house is a furnace or large open fireplace in which were ashes, showing that a fire had recently been made there. The door of the warehouse opening into the yard was bolted inside with an iron bolt, so that entrance could not be effected from the stable yard without the door being opened. Anyone leaving the warehouse when the stable-yard door was bolted would have to leave it by the door communicating with the passage of No. 9. I left two police officers in charge and communicated with Inspector Lyon.
Cross-examined. I was not present when prisoner came up to Inspector Lyon and spoke to him. I was helping to pack the things, as the inspector was very anxious to get them out that night; otherwise we should have had to leave police officers in charge. I told Nottage he would have to remain for Inspector Lyon to see him. Nottage was detained all day, and in the evening taken to the station. There are six stalls. I do not think there is a door to any of the stalls. The rent of the stables and warehouses is 26s. a week. It is not a work-shop: there are no benches or anything of that kind. It is all on the ground floor and would hold an enormous lot of things. There is nothing at the back of No. 7 and 8 but small yards.
Detective-inspector ROBERT LYON, City. On December 16 I went with Mr. Fisher, the prosecutor, to No. 9, Delta Street, Bethnal Green. I went into the yard, which was in the possession of police officers. I there saw the nine cases which have been referred to, and about half an hour afterwards prisoner. came into the yard. He walked in, leaving a horse and van in the street. All the cases had been tampered with. I found three opening irons or jemmies and several wrappers, sacks, and a lot of packing material. There were marks on the wrappers, but we have not been able to trace anything from them. Nottage was being detained. I told prisoner who I was and that I was making inquiries regarding these nine cases of property found in his yard and asked him if he could account for them being there. He said, "The only thing I know is that they were here this morning when I came in. I found them here this morning." He said later, "They were here when I locked up last night."
To the Jury. The large cases were 5 ft. by 4 ft. by 3 ft., and it was not possible to get them into the warehouse through the door in the yard, which is about 2 1/2 ft. wide. The smaller cases could be got into the warehouse with a little manoeuvring. Prisoner said he believed the "missis" had let the premises the previous night to a man named Dan Curtis, of 28, Seabright Street, and he was to take possession that day. He said also that the workshop had been to let for some time. I did not accompany Nottage and prisoner to the station; I went on to Seabright Street. I was present at Moor Lane Police Station when prisoner was charged. He said nothing. Nottage was released by my authority because there was no evidence against him. He was detained at the yard before I got there. He did not seem to care whether he stayed or not.
Cross-examined. It was on the strength of what Nottage told me that I arrested prisoner and other surroundings—the fact that prisoner was there. The passage through No. 9 to the warehouse is independent of the dwelling, which is occupied by a widow woman, a Mrs. Morgan, with one child, and another family. Mrs. Morgan is a perfectly respectable woman. The occupiers of No. 9 have no right to the warehouse. Whoever fastened the door of the warehouse communicating with the stableyard on the night of December 15 must have left the warehouse by the door communicating with the passage through No. 9. The roof of the warehouse is a glass roof. There is no hole in it by which a person could have escaped. Vowles never disguised from me that he had seen the cases in the yard, but could give no explanation of how they came there.
Detective-sergeant GARRARD, recalled, produced a rough plan of the premises, which he had made since the sitting of the Court.
Mr. Huntly Jenkins submitted that there was no case to go to the Jury. The prosecution had not proved this property to be in possession of prisoner.
The Recorder held that there was evidence to go to the Jury, prisoner having been shown to be a person in the occupation of the stable and premises—apart from the story which had been told by a man who had been twice convicted—and that he came to the stable the evening before with these toys. He could not stop the case. It was for the Jury to judge of the value of the evidence.
The Jury asked leave to confer for a few moments.
The Recorder pointed out that prisoner was charged with having feloniously received this property, well knowing it to be stolen. He was charged with stealing as well, and if he was in possession of the stolen property the Jury would be entitled to come to the conclusion that he was actually the thief. In substance the Crown suggested that this was a case of feloniously receiving, but before the Jury could convict prisoner of feloniously receiving property they must be satisfied that it was in his possession. If the Jury believed the evidence the Crown had called—the evidence of a man who had been convicted a couple of times of receiving, and his servant—prisoner was in possession of the property. If the Jury did not want to hear any more of the case they might say so, but personally he could not say there was no evidence. Unless the prosecution had satisfied the jury that prisoner was in possession of this stolen property—there was no doubt, it was stolen—prisoner was entitled to be acquitted. If they were not so satisfied and thought the man Jackson might have been in possession of it, they need not trouble about the defence.
Verdict, Not guilty.
The Recorder observed that what the rights of this case were he did not know, but the prosecution had not proved the case.
Mr. Huntly Jenkins prosecuted; Mr. Gatehouse defended.
AUGUSTUS HARRY DAVISON , Messrs. Davison Brothers, jewellers, 102, Southampton Row. Prosecutor, Stephen Edward Horwood, has been in our employment as porter for some time, quite satisfactorily. On November 27 I received the following letter in the envelope produced (Exhibits 1 and 2), "Sir,—You have a man in your employ who was a barman. What did he get the sack for and get a job in a different line? How did he get a reference? What did he give his brother six weeks' imprisonment for? Because his brother found out he had taken a room at No. 19, Pickering Place, West-bourne Grove, and told the landlady it was for his sister, who was coming from the country and he visited her every day. All I can say is he deserved all he got as he has parted man and wife. He took the room in the name of Davis. Horwood I allude to. I am sorry to say Horwood's sister turned out to be his brother's [prisoner's] wife. The mean rascal, he forgets the time he pulled a piano organ about the street, when he lost his reference at a moment's notice as a barman. How did he get one? You can guess. (Signed) Roberts, 3, Camden Road, Camden Town, N. W." I had not the least idea where the letter came from. I thought it proper to communicate with Horwood and after certain conversation with him I let the matter drop.
Cross-examined. I did not write to the address given in the letter. Prosecutor is still in our employ. I did attach importance to the letter in a way, but I heard his explanation of it and there was an end of it.
STEPHEN EDWARD HORWOOD , 59, Porchester Road, Bayswater. I was in the employment of the Goldsmiths and Silversmiths Company for 10 1/2 years as traveller. I was dismissed from there. When I was dismissed I was shown a letter, but I did not see the contents properly. Prisoner is my brother. I am certain that the letter produced is in his handwriting. Only prisoner knows about my having been a barman and only prisoner and a man named Holmes about the piano organ. I tried to get a living with a piano organ 23 years ago. It is quite true that I took a room for prisoner's wife in Pickering Place, Bayswater. I did that with the knowledge of my own wife. Prisoner's wife wanted to get some place to live in; she came to my house for protection. My wife was near her confinement and we could not accommodate her, and my wife said to me, "You had better get a room for her," which I did. There is no truth in the suggestion about my immorality with prisoner's wife; that allegation was also made in the letter to the Goldsmiths and Silversmiths Company. On November 21 prisoner came round to Southampton Row, where I was employed, between half-past nine and 10 o'clock. To the best of my recollection he said, "I knew you was here all along, you barman; I will go into your governor about you." I do not think he referred to his wife on that occasion. He also came round on November 10 and before that, too. To the best of my recollection he said I had been cohabiting with his, wife had had spoilt his life. I say again to his Lordship and the Jury that there is no truth in
the allegation. He came again on November 17 and carried on about his wife again.
Cross-examined. I know that some years ago prisoner, rightly or wrongly, was angry with me for something I had done in connection with his wife. It is quite true that I took rooms for her; we got to high words and he gave me a thrashing. The matter was then over as far as I was concerned if he had not interfered with me again in my employment. At the police-court I did not say anything about his interference, it was not necessary.
The Recorder. At the police-court it was not taken down because the defence was that the man never sent the letter.
Further cross-examined. With regard to prisoner calling on November 10 and 17, as far as I knew he was working with the "Bell" Company, whose place of business is in the district, I take it he made it this 'business to come that way to annoy me. No suggestion was made by prisoner that an anonymous letter had been sent to his firm saying the was an ex-convict till we were in court. I did not inquire whether my brother was living at the address in Camden Road. Nobody but my brother knows anything about me taking the room for his wife. I have made no friends except where I am employed. I do not know a man named Ricketts. I do not know a man named Miff; I may know him as "Old Iron," if he is the man who used to be round Windmill Street at one time. I was not assaulted by him and never had any fracas with him. I do not know a man named Harry Thorn. Nobody but prisoner knew that over twenty years ago I used a barrel organ in London to try and get a living. Possibly Ricketts know. I have perhaps received a dozen letters from prisoner. I do not accept the suggestion that he only wrote to me twice, once in 1908 and on December 12, 1909. When he was in prison I had one every month. I destroyed his letters. It was only after he got me out of the Goldsmiths Company that I kept any of his letters. Directly the letter which is the subject of this charge was put into my hands I said immediately it was in my brother's handwriting. The writing is disguised a bit, but nobody else would send such a thing. (Witness was handed a letter admittedly in the handwriting of the prisoner.) I do not suggest the two writings are alike, but there is nobody else who knows anything about me being a barman or about the barrel organ. I suggest that this letter was written when prisoner was in drink; that is when he does these dirty things. The letter to the Goldsmiths Company was marked "Private and confidential"; this one is "Strictly private." I did receive a letter from prisoner asking for his wife's address; it may have been on December 12. I was told at the Court that an anonymous letter was sent to prisoner's employers, but I have never seen it. My family are not on very good terms with prisoner; they have reasons to be otherwise.
ANNIE MARTHA HORWOOD , wife of prosecutor. The letter and envelope produced are in the writing of my brother-in-law, the prisoner. I have no doubt about it at all. The taking of the room by my husband for prisoner's wife was done at my suggestion She came to me for protection.
Cross-examined. I had a letter from prisoner at 59, Porchester Road, but unfortunately I burnt it. Before I had the letter I had not seen him for a long time; we had to move away from him, for peace. I knew prisoner resented my husband finding rooms for his wife.
Cross-examined. I am not on very good terms with my brother; I never was. I received one letter from him, which I produce. On comparing it with the letter received by Messrs. Davison I say that the handwriting of the two letters is the same. (The Jury examined the letters)
FREDERICK HORWOOD , retired chef, prisoner's father. I know prisoner's handwriting. I am positive that the letter and envelope (Exhibits 1 and 2) are written by him. The writing is as near to his natural handwriting as I have ever seen.
Cross-examined. I have never had a letter from prisoner, but have seen many. I do not accept the suggestion that for the last 15 years prisoner has not lived at home and has had nothing to do with his family. I think he has had a lot to do with me.
Detective-sergeant JOHN KENWARD, E. About 8.30 on the morning of December 15 I arrested prisoner on a warrant at 18, Broad Street, Soho. He was in bed; I believe he was given a shelter there. I told him what the charge was and read the warrant to him, charging him with publishing or causing to be published a defamatory libel. He replied, "The b—y scoundrel; he has done me enough harm; he has got me six weeks for nothing at all. He got a room for my old woman and said it was for his sister, and he was cohabiting with her all the time. The letter I sent was last Sunday. There was no libel in that. I only asked for an address." I then told him it was on November 27 the letter was sent and he replied, "It is not me."
To the Recorder. Prisoner in effect repeated to me all the matters contained in the libellous letter.
FRANK JOHN JOSEPH HORWOOD (prisoner, on oath). I am a traveller employed by the Bell Gas Regulator Company. I was there for two years formerly and have latterly gone back. About a year ago I had some trouble with prosecutor about my wife. I resented his having found rooms for my wife. I gave him a thrashing and, so far as I was concerned, there was an end of the matter. I bore him no ill-will after that. In November an anonymous letter was received by my employer; he showed it to me; it stated that I was an ex-convict. The letter received by my employer was typewritten, as follows: "Perhaps you are aware that you have in your employment an ex-convict. This is for your information." I saw prosecutor once or twice about that time and asked him if he had sent it. He denied it. There is no truth in the suggestion that I sent the letter on November 27. I sent one on the 12th. I wanted to put everything right; I did not want to be
enemies at all. I asked him in that letter to give me my wife's address. That was the only letter I sent him. I do not know who sent the libellous letter. The letter produced (Exhibit 1) is not in my handwriting and the writing is nothing near like mine. I have never written to my father in my life. I did not cause the letter to be sent and know nothing at all about it.
Cross-examined. Prosecutor and I were the best of friends until I found out about my wife. I never suggested he had committed adultery with her, but I found out he had taken the room in the name of Davis; I could not make out what he took the room for. My wife was not afraid of me. I say I did not write this letter. I did assault my brother and got six weeks for it. I could not accuse my brother of having improper relations with my wife, because I did not know it. I admit that the policeman's evidence as to the statement I made to him when arrested is accurate.
NORMAN WALLACE CALDWELL , engineer, 85, Great College Street, Camden Town, manager of the Bell Gas Regulator Company, in whose employ prisoner had been on and off for some years, and ALBERT ALLEN, electrician, expressed the opinion that the libellous letter was not in prisoner's handwriting.
Warder HARRY VARLEY, Pentonville, stated that in May, 1900, prisoner was charged with feloniously wounding at this Court, was found guilty of unlawfully wounding, and bound over in his own recognisances. At North London Sessions in March, 1903, he was charged on four indictments, with three other persons, with housebreaking, larceny, and receiving; he was found guilty of receiving and sentenced to 18 months' hard labour. In March, 1909, at Marlborough Street, he received the sentence of six weeks' imprisonment which had been referred to for assaulting his brother. In July, 1909, he was sentenced to three months' hard labour for stealing jewellery from a dwelling house in which he was a lodger.
Detective-sergeant KEN WARD, recalled, said the letter sent to the Goldsmiths and Silversmiths Company was addressed to the Managing Director, who had since left, and the police had been unable to find him. The letter, he understood, reflected on the honesty of the prosecutor and it was owing to the letter that prosecutor was discharged. Prisoner, when charged with wounding, was living with another woman; he lived with her for ten years and (witness was informed) he practically lived on her immoral earnings.
Sentence, 12 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 19.)
Mr. Arthur Bryan prosecuted.
FRANK JONES , newspaper cyclist. On December 18, about 1.30 or two a.m., I was in Gray's Inn Road at a coffee stall. Prisoner came up to me and said, "I am going to do it on you; I want you for putting me away last Tuesday night"; he produced a knife and attacked me; I tried to get the knife from him; I was cut in several places. I was in the hospital two weeks.
Cross-examined by Prisoner. There was a mob about; I am sure I did not slip and fall on your knife.
Police-constable GEORGE PEEL, 295 E. On December 18, between one and two a.m., in Gray's Inn Road, I heard a cry, "He has stabbed a man," and saw prisoner running. I stopped him. He said, "All right, I done it with my knife."
To Prisoner. You did not tell me that you had been set upon by five men.
Police-constable WALTER WARLOW, 323 E. Prisoner was handed over to me by last witness. As I was taking him to the station he said, "I stabbed him, and I b—well hope he is dead." Prisoner appeared to have been drinking. Later on he said that he had been set upon by five men and kicked in the abdomen. Going to the station he took from his pocket this knife (produced) and threw it away; I picked it up.
To Prisoner. You did not say, "But I b—well hope he is not dead."
DONALD WALTER ROY , resident medical officer, Royal Free Hospital. I saw Jones on his being brought in at 2.30 a.m. on December 18. He had a deep wound on the right side of his chest, extending about three inches downwards and inwards; he was in a dangerous condition for several days. I think it would not have been possible for that wound to have been caused by his falling against the knife.
GEORGE GARRETT , coffee-stall keeper in Gray's Inn Road. On December 18 prosecutor and a woman came to my stall; while they were drinking prisoner came up and caused a disturbance; prosecutor went to strike him and they moved up the road; the next I heard was that a man was stabbed.
To Prisoner. I did not see you attempt to strike prosecutor; he made as though he was going to strike you; I never saw a knife.
KATE REID . I live with Jones. On December 18, while we were at the coffee stall, prisoner came up and said to Jones, "I am going to do it on you." I said, "You leave him alone; you have done it on him quite enough; you are always at him." Prisoner and three other men then got round Jones, got him against the wall, and started punching him; I was trying to pull Jones away; all at once he said, "I am stabbed" and I took him to the hospital. I believe it was all an accident; the men had got Jones pinned against the wall; prisoner had been eating some bread at the stall, and had a knife in his hand, and he had no time to put the knife away. I lived with Jones for five years.
To Prisoner. You and Jones and I were at another stall half an hour before this; you were quite friendly. It was not you who picked the quarrel; Jones hit you first. You did not run away when you found he was stabbed.
Police-constable PEEL, recalled. There were marks of cuts on Jones's overcoat, waistcoat, and undershirt.
THOMAS ANDERSON (prisoner, not on oath) said that when he got to the coffee stall Jones and the other men attacked him and in the struggle the knife must have got into Jones. Prisoner denied that he ran away; he was actually crossing over to the constable when the latter arrested him. Jones had assaulted his on several previous occasions.
Several previous convictions were proved.
Sentence, Two years' hard labour.
Mr. Harvard Pierson prosecuted; Mr. Lister Drummond defended.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Wednesday, January 19.)
GRAHAM, Horace (37, restaurant keeper) , having been entrusted with £15 by Beatrice Carroll, £3 by Edwin May, £15 by Mabel Edwards, £8 by Molly Gunn, in order that he might apply the same for a certain purpose, did fraudulently convert the same to his own use and benefit; obtaining by false pretences from Agnes Reed £25, from Samuel Smith £50, and from Edwin May £3, in each case with intent to defraud.
Mr. M. Newberry prosecuted; Mr. G. St. John McDonald defended.
BEATRICE CARROLL , Longbridge Road, Earl's Court, nursery governess. In September, 1909, in reply to an advertisement in the "Daily Telegraph" for a manageress of a restaurant, I saw the prisoner at 207, Westminster Bridge Road. He first offered me a situation as manageress of a restaurant at Brixton, which I refused He then told me he was about to open a restaurant at 207, Westminster Bridge Road, and offered me a position as manageress of the lounge at a salary of 7s. a week and 2 1/2 per cent, on the turnover, I to give Mm a cash security of £15. He said I should be handling a great deal of his money in the lounge and that the £15 would be a cash security; that the money would be returned at a suitable notice. On September 24 I handed him three £5 notes; he gave me receipt produced, "September 24, 1909. Westminster Lounge, 207, Westminster
Bridge Road. Memo, of agreement. We the undersigned, in consideration of a cash guarantee of—15, which is returnable at reasonable notice, agree to offer the said Miss Carroll a position in the lounge to learn to be charge hand, Miss Carroll to receive 7s. weekly from the takings and commission on the turnover in proportion. Received for Westminster Lounge, H. Graham." The prisoner stamped that with a penny stamp and I asked him if it was sufficient and he told me yes, but I was advised afterwards to go to Somerset House and have it stamped with a sixpenny stamp. He told me the place was to be opened the following Monday, when I was to start my duties. I went there on Monday; the restaurant was not opened; there were remains of a former restaurant—there was nothing to sell or for the customers to eat or drink. I lingered on there for five or six weeks. I asked prisoner nearly every day when the place would be ready and he always said it would be ready on the following Thursday or the following Saturday. When I saw there was no intention of the restaurant being opened I asked him to return my money. I first said that I would give it back to him when the restaurant was opened. He said he could not let me have it back without a suitable notice of seven days. I gave him that notice, called at 207, and prisoner said he could not let me have it, but would do so in a few days. I called repeatedly and asked him for it and he kept putting me off, saying he would give it me back in another week. Finally he offered me a position as typewriter at 10s. a week. I went to 207 and did some typewriting for a week. On the Saturday morning he sent me on a lot of messages and when I came back he paid me 7s., saying that he could not give me any more, that he had not really enough work for me to do and that I had better look out for something else. I told him the circumstances I was in—alone in London with no money, that I had given him all my ready cash and that I had to pay my way; he said he was very sorry, that he could not get anybody to take the place off his hands, that he expected a gentleman to come along and put £100 in the business. I have since applied through a solicitor and have received nothing.
Cross-examined. Buckingham Brothers had inserted the advertisement, and they sent me to the prisoner with letter produced, addressed to Mr. Gunn. They told me to go and see "Mr. Gunn." I saw prisoner—he asked a young lady (Miss Gunn) to see me. I said, "I have come to see Mr. Gunn" Prisoner said, "That is me." Miss Gunn told me the restaurant was to be opened by prisoner, that she was to have a share in it, that she was going to take the shop and she wanted a young lady to take on the lounge; that the restaurant was to be divided into three divisions, the shop, the tea room, and the lounge; she was to get three people with cash security; she was going to put down cash security for the shop, I for the lounge, and another person for the tea room; that she could not engage me until prisoner had seen me; she asked me if I required a large salary. I said I had not much experience, and she suggested a salary of 7s. Then prisoner came back and asked what security I could give. I said I would give him £10. He said he wanted £15, which I afterwards paid him. There were some workmen on the premises, but nothing was done to the
lounge. I did no work because there was nothing to be done. I am quite sure Miss Gunn did not engage me—it was the prisoner. The prisoner gave me 10s. about a month after, September 24, when I was stranded. He suggested that I should leave my money in the business—I did not agree to do so. During the week I was at work prisoner gave me 3s. to go out and get lunch, and at the end of the week he said he had taken that from my wages and gave me the 7s. Messrs. Blackwell and Co., my solicitors, on November 3 wrote demanding the money and threatening to take summary proceedings. Prisoner wrote to me and asked me to enter into another agreement. I wrote back that if he had anything to propose it must be done through the solicitor. I knew very well it was not a loan by me, or eyen a debt—it was nothing but a fraud.
SAMUEL SMITH , assistant manager. In June, 1909, I saw an advertisement in the "Daily Telegraph," called on Buckingham Bros., and they gave me a letter of introduction to prisoner at Streatham. I asked prisoner if he wanted a manager for a restaurant. He said he wanted a man to invest £50 in a restaurant at 224, Brixton Hill, that the takings were between £18 and £20 a week, yielding a profit of £8 or £10 a week. Prisoner said he should invest £100 to my £50. I paid him £50 and agreement produced was drawn up dated June 16, 1909, between the Brixtonia Restaurant and myself agreeing to sell me a share of the net profits; that I was to have the management and general supervision of the confectionery and the hairdressing departments; signed by prisoner "for" the Brixtonia Restaurant, Horace Graham," and having attached to it receipt for £20, which I paid him at the time; I paid him the £30 shortly afterwards. At the end of June I started work. There was little or no business; the whole thing was misrepresented; the takings were about Is. 6d. a day. I demanded my money back from prisoner. He said he had not got it. I asked him what he had done with, the money; he said he had spent it on fitting up the shop—which was not true. I have got none of my money back.
Cross-examined. Before paying my money I saw the place. Prisoner told me he had taken it on lately. There were tables, forms, etc., but the restaurant was not started—it never was really started; there were never the things necessary—what we wanted for a customer we had to send out and buy. I had some of my food there. Some sweets were bought—I should be very much surprised if they were paid for. Prisoner told me that the man who had had the restaurant before took £18 to £20 a week, and that he had to go away through drink—which Is totally untrue. He made me believe there was a very good prospect of doing business and he said he would put £100 to my £50. There were six or seven mirrors about three feet high by one foot—I have not measured them; some linoleum worth about five or six shillings was put down and a bedroom or two was furnished. Certain entries in book produced are in my writing, others are written by Miss Hawkins, an assistant, "Breakfast 6d., sweets 2d., vegetables, etc., 1s. 11 1/2 d.," etc., etc. They are payments out of the takings or advanced by me. There was no business in the place at all.
Prisoner? promised me 30s. a week salary—it is not put in the agreement. I asked prisoner for my money back, and he said he would advertise and try and get it from someone who would come in. I do not owe prisoner £18 6s. for board and lodging. As manager I had my board and lodging free. I never proposed to transfer my share to 207, Westminster Bridge Road. I went there to have a look at the place and found it closed. I did not make a charge against prisoner—he kept putting me off with his "soft soap." Prisoner told me he had 224, Brixton Hill rent free for a time provided he did the place up. The bedroom I occupied was furnished by prisoner. The others were not furnished until Mrs. Reed came and brought her furniture.
(Thursday, January 20.)
AGNES REED , 69, High Street, Romford, shopkeeper. In July, 1909, I saw an advertisement in "Dalton's Weekly Advertiser," wrote to the Brixtonia Restaurant, 224, Brixton Hill, and afterwards saw prisoner. He said he was in want of a lady to manage the place; that he already had a manager there—Smith—but that he was not at all satisfactory and he was dismissing him the following week. He said that was one of the eight businesses he had; that the takings were from £18 to £20 a week; that he wanted some one to take a share, and asked me how much I was prepared to put in. I said I was prepared to put in £25. He said that was very little—that it was not the money he required, his idea was to have someone who, putting money in the business, would take an interest in it. He suggested that I should put £50 in. I put it to him if I was not satisfied with the business how about the return of my money? He said if I was not satisfied with the business he would return the money at the end of the month. I signed agreement (produced) dated July 10, 1909, between Horace Graham, for and on behalf of the Brixtonia Restaurant, and myself, agreeing to sell me one-quarter share of the confectionery and tobacco business for the sum of £25, and to engage me "as assistant to learn'same, commencing at a salary of 5s. weekly and a relative share of the net profits, to be drawn monthly. We also agree to guarantee Mrs. Reed six permanent boarders of the staff for sleeping accommodation to clear at least £1 weekly, the net rental being 15s. weekly. This shows 5s. clear for the staff." I paid prisoner £25, receipt for which is added to the agreement. I went in four days before the money was paid, and remained about five or six weeks. There were no boarders. I received neither salary nor profits. After the first three days I did not even get my board. The first Saturday I was there the takings were 7 1/2 d.; on the Sunday 3s., that is the best day I remember. A few days after paying it I asked for my money back. I have not received a penny. When I parted with my money I believed prisoner's statement as to the business.
Cross-examined. I went in about five days before I paid my money. I was not in the shop but was arranging the rooms upstairs, which I furnished. Prisoner said as soon as I learned the business he would leave the place entirely in my charge. Prisoner told me not to speak
to Smith. I heard Smith having words with Graham about the takings, but I did not know he was a partner. I asked prisoner several times for my receipt, which he had not given me; ultimately my brother-in-law came down, and then prisoner handed it to me. My brother-in-law did not come to see the business and advise me as to taking it. I had many quarrels with Mrs. Patrick, as she tried to "boss" me. I had to buy nearly all my food. I should say the fittings, fixtures, and stock in the confectionery department were worth about £2. Entry in book (produced) showing a stock of confectionery £8 is my writing. It is copied from sheets which prisoner gave me to copy—it is not the stock taken by me—no such stock was in the place. On one occasion a parcel came from Rowntree's which the man refused to leave without the money. Prisoner was there, and he said, "The governor is not in, you had better leave it," but the man refused to do so. Some of the furniture I took to 224, Brixton Hill was bought on the hire-purchase system from Jelks and Co. As I had removed it without informing them they came to take it away. Prisoner asked me to sign paper (produced) stating that I owed him £6 for rent. I said, "I do not owe you £6; it is you who owe me money." He said, "That does not matter, I will give you the paper back." I signed the paper which he showed to Jelks' man, who left the furniture. I asked prisoner for the paper back, and he said he had destroyed it. I afterwards removed the furniture, and handed it over to Jelks and Co. I wrote letter (produced) to prisoner on July 19, "I beg to give you notice that I require you to refund me within seven days the sum of £25, paid by me to you as a capital sum to be invested in the confectionery and tobacco business, 224, Brixton Hill. The reasons have been personally explained to you. If the amount is not refunded I shall take proceedings against you for misrepresentation. There will also be due to me 10s. per week for services rendered and sleeping accommodation provided by me until I am fully paid." I afterwards instructed Mr. Percy Robinson, who wrote letter produced of August 18, threatening proceedings.
EDWIN MAY , 14, Trafalgar Street, Walworth, assistant. In October, 1909, I put in an advertisement, received a postcard, and went to 224, Brixton Hill, where I saw prisoner. He said he wanted a manager for the business there, and asked me what deposit I could give as security. I told him I could pay £10. He said that was hardly sufficient—he should want £26. I said I had not got £20, but I would try and get it. He said, All right, he would give me a few days to think it over. I afterwards wrote that I was unable to get the amount he wanted, but asked him to keep the position open for me. On October 23 I paid him £3, and he signed and gave me receipt (produced) "Deposit received for the management of the above restaurant pending completion of security, £3. For Brixtonia Restaurant, Horace Graham." Prisoner told me that the takings had been from £10 to £12 a week, but it had been run down from neglect. He agreed to give me 28s. a week wages and 5 per cent. Commission on the turnover. I went in as manager, and lived there for 12 days, taking my furniture in. I found there was no business being done.
There was 2s. or 2s. 6d. worth of sweets; there was no stock—only dummies. I moved out because I was afraid of losing my furniture by its being seized. I have demanded my money of the prisoner but have not had any of it back. I received no wages.
Cross-examined. I did not do any services in this shop the first week—there were no customers. Mr. Davis and Miss Simmons were staying there—Davis was employed at Westminster Bridge Road. When I removed my furniture I took away a small mirror belonging to prisoner. I wrote to prisoner, "The scales, sweets, creams, mirrors, etc., are not in my possession; they were taken away by Carter, Paterson on Friday morning by one of your numerous creditors"—that was by Mrs. Reed. Carter, Paterson took them without asking my permission. My wife lived at 224 with me. I never agreed to pay 10s. a week rent. I understood I had the rooms rent free. Prisoner had the use of my furniture in the drawing-room and the linoleum.
Re-examined. I owe prisoner nothing. There was no agreement for me to pay rent.
ELIZABETH MARY MERCER , 28, Laurence Road, East Ham, widow. On November 18 or 19 I saw prisoner at 74, Fleet Street, having been referred to him by Buckingham Bros, as a manageress for one of his shops. Prisoner said he was opening several shops. He had one at Brixton, one at Kennington Lane, and one at Poland Street, Oxford Street, which he was about to open. He offered me one of the vacancies, and said that he wanted either £15 as security or £25 for a quarter share. I agreed to take a quarter share in Poland Street. My wages were to be £1 a week and my keep. I paid him 10s. on account and on November 24 £10, for which, he signed and gave me receipt produced—"207, Westminster Bridge Road, November 24, Received on account £10 pending completion of agreement. For Westminster Lounge, H. Graham." Receipt for 10s. produced is "Westminster Lounge, 18 October, 1909; Mrs. E. M. Mercer.—We hereby agree to sell 1/4 share of the new business to be opened in Poland Street, with the option to transfer your share to another branch that we may open up should the above shop fail through any unforeseen circumstances. You to have the entire charge of the refreshment side of the business and to employ a manager for rough work. Salary £1 a week and a relative share of the net profits divided monthly. 50 per cent, of the net profits to be set aside for working capital." Prisoner said £10 was not enough and I was to pay him the balance of the £25 afterwards. After paying the £10 I went into the country while the shop was being got ready. I wrote to him for my agreement and he sent me one that did not refer to me. On December 3 he wrote that owing to the rush of business he would put off opening Poland Street till Christmas. I afterwards received my agreement, and on December 16 I went to Fleet Street and found prisoner had been arrested. When I parted with my money I believed prisoner's statement to be true that he was going to open a shop in Poland Street.
Westminster Bridge Road. He told me he wanted a manageress for one of his shops, which he was about to open in Poland Street, who could put £25 in for a share in the business. He showed me paper produced—"City Offices, 74, Fleet Street. Westminster Lounge, 207, Westminster Bridge Road. New businesses now to be shortly opened. At Kennington, facing Motor Cab Company: Confectionery and dainty teas—cash security £15; salary 15s., gratuities and commission on turnover 2 1/2 per cent.—withdrawable at one month's notice. Poland Street, Oxford Street; Ground floor and basement £25, £25, £50 kitchen hand; counter hand; £100 capital quarter share £25, salary for services and gratuities with equal share of net profits weekly or monthly. £10 per week trade should show £1 each; £25 weekly—£5 profit weekly divided between three persons." He asked me to decide which position I would take. On October 30 I paid him £2 and he gave me receipt (produced) headed "74, Fleet Street, E. C.," containing a similar list of positions to those above stated, and then, "Received from Miss Mabel Edwards the sum of £2 pending completion of agreement for above position," and signed "For Westminster Lounge, H. Graham." On November 4 I paid him £13, for which he gave me receipt (produced), "I, Horace Graham, on behalf of the Westminster Lounge, agree to engage Miss. Mabel Edwards to manage the confectionery department of one of the new establishments we are about to open in Kennington, Oxford Street, or War dour Street. For cash security, we agree to give her 15s. a week, gratuities, and 2 1/2 per cent, on takings. We agree to allow her 1/4 share in the business for £25, with salary and appointments as follows: Salary 15s., gratuities, and a relative share of profits to be balanced up and paid for monthly. We agree to run all liabilities,. rent, rates, taxes, cost of fitting up, advertising, etc. Working hours can be arranged with the other manageress to suit requirements, or from 9.30 to nine p.m. Two early evenings per week. Received £13, being balance of £15 deposit on completion of agreement. For Westminster Lounge, H. Graham." Prisoner told me the business would be ready to open on December 1. It has never been opened. I have had none of my money back. I went over the premises at Poland Street with prisoner. I also went over one at Kennington Road—he said he was taking both shops. I had a post-card from prisoner stating he was starting Poland Street on December 1 and he would let me know when to come. I went there on December 2 and found nothing, had been done and no business; the place was not open at all; it was an empty shop.
Cross-examined. I first went to Poland Street with a gentleman friend. After December 2 I told prisoner I could wait no longer, and he said I could fill up my time in his office at Westminster Bridge Road. I should not have sued prisoner if he had carried out his contract. I charged him at Lambeth Police Court. I wrote to him on December 30, "I was indeed grieved to see you in the position I last saw you. I am afraid it is too late for me not to appear against you, as the police have called on me several times, unless you can refund my money before Tuesday next and so settle with me,
then, of course, I should have no case against you." Prisoner afterwards wrote to me and promised to settle. I never got any of my money back. I had 10s. wages—I was to have had 15s., but prisoner said he had not change and he would give me the other 5s. the next day. He told me he had premises in Tower Street—he wrote me that I should have a place there.
MOLLY GUNN , 22, Montpelier Road, Brighton, manageress Penny Bazaar, West Street, Brighton. In August, 1909, I replied to an advertisement for "Manageress for a confectionery shop—security wanted," saw prisoner at the Brixtonia Restaurant, and asked him how much security was wanted. He said it was not security he wanted at all, it was someone to take a share of £25 in the business. He said it had been a good business, it had come down owing to a change of hands, but that it could be worked up. It was not doing very much then. I said I was willing to give a cash security, but I did not wish to take any share in the business. He said if I did not care to enter into anything in that shop he had several other shops. He took me to 207, Westminster Bridge Road, said he was going to have the place redecorated and refitted, and intended to sublet the rooms at £1 a week. I said I would think it over. I thought I could manage very well in the smoking lounge. The place was the in a terribly dirty condition. Some weeks afterwards I said I would rent the rooms from him if he would redecorate and refit the place as a restaurant as he had promised. I then paid him £8, went in, and remained there about four weeks. No restaurant business was carried on. I had no wages. I have asked several times for my money back and have received nothing. I did not engage Miss Carroll, nor received £15 from her.
Cross-examined. I cannot remember the dates when I went in or left. I only visited the place once before going in. I wrote to prisoner that I might be able to take charge of the whole if he would help me in the beginning and that if his lowest estimate of £30 weekly turnover was realised a good profit would be made; also suggesting the purchase of cutlery, crockery, etc. Letter produced of October 6 I wrote asking for my money, stating, "As I absolutely wish to have nothing to do with you further." That was two days after I left. I interviewed Miss Carroll and two other ladies on behalf of prisoner, stating to them what the terms were. I repeatedly wrote asking for my money.
SIDNEY ASH , clerk to Browett and Taylor, 9, Warwick Court, Holborn, estate agents for 224, Brixton Hill. In April, 1909, we distrained for rent on the previous tenant. Prisoner, in the name of Horace Graham, negotiated for the premises, giving as a landlord's reference Mr. Burt, 1, Century Buildings, London Road, Croydon, and we let the premises to him as from June 24, 1909, under agreement produced, at a rental of £40 for the first year, £45 for the second, and £50 for the third year, he to do certain repairs, which were scheduled of the estimated value of £4 13s. 6d., in consideration of having the premises rent free to December 25, 1909.
Detective-sergeant FRANK TROTT, L Division. On December 11, 1909, I saw prisoner at 207, Westminster Bridge Road. I told him I
was a police officer and asked if his name was Horace Graham. He said, "Yes, that is my trading name, but my right name is Ebenezer Burt." I told him I held a warrant for his arrest. He said, "Who took out a warrant against me?" I said, "Miss Carroll" I then read the warrant to him. He said, "I can explain that. Miss Gunn is as much to blame as I am; she belonged to the shop. I have witnesses to prove that Miss Carroll broke her contract with me and then she came back and entered into another one, but she got pigheaded and left me. I do not intend to open any restaurant now. I have started an aviation school. I gave up the idea of opening a restaurant some time ago." I then took him to Kennington Road Station, where he was charged. He said, "Miss Carroll has made a mistake this time; she has charged the wrong one." On December 15 or 16 I called at 224, Brixton Hill, which I found closed. On December 13 I went to 74, Fleet Street. One room was used as an office for the Aviation School, another room as "The City Aeroplane Company," and a top room was supposed to be the Art Decorator Company. There was an office bureau and hardly any other furniture in one room—none what ever in the other rooms; there was a lot of rubbish.
Mr. McDonald submitted that there was no case of false pretences. Taking the worst case, that of Miss Carroll, she saw the state of the premises before paying her money; there was evidence that some business was carried on (cited R. v. Bryan, Dears, and B., 265 R. v. Gordon, 23 Q. B. D., 654, Archbold, p. 614).
The Common-Serjeant said there was undoubtedly a case for the Jury of false pretences. At present there was no case on the counts for conversion of money.
HORACE GRAHAM (prisoner, on oath). I trade under the name of Horace Graham. My proper name is Ebenezer Burt. I took 224, Brixton Hill, in May, 1909, to start from June 24, and got possession on June 8. I had to do a number of repairs. I took 207, Westminster Bridge Road, from September 29, 1909, at £100 a year rent, with an undertaking to spend £25 on the property. In each case I was allowed rent—on 224, Brixton Hill, half a year on the undertaking to spend £22 10s. on the property; on 207, Westminster Bridge Road, three months' rent in consideration of doing certain repairs. When I was arrested no rent was due, but the rates and taxes are unpaid. Owing to the failure of the Brixtonia restaurant I had to take on the management of a very large restaurant at Great Tower Street, doing £65 a week. I was to take possession on December 13 and the prosecutors were intended to have gone there, but I was arrested on December 11. I was also negotiating to take 24, Poland Street, where Miss Mercer and Miss Edwards were to go; we could have had it, but I arranged with Miss Edwards to wait until after Christmas Day in the hope of getting it cheaper. I had money and everything ready to go in. Document produced is an option to take 28, Great Tower Street. I got possession of 207, Westminster Bridge Road, on September 18, and between October 2 and November 9 I spent £22 9s. 6d. on the premises. I put in a new shop front, resilvered the mirrors in the lounge and
rooms upstairs, and put into the floor a glass light to the kitchen. I had various discussions with Miss Gunn, and in consequence re-upholstered the seats in red pegamoid. I produce receipts for the work done. I also had papering done, £1; I paid the signwriter £1 17s.; plumber, fitting gas, 15s. Wages for one week to workmen was £3 18s. Then I paid for stationery and printing £1. I produce estimate for work done at Westminster Bridge Road and bundle of accounts for repairs. I have spent £30 in repairs and improvements to 207, Westminster Bridge Road. Miss Carroll first saw Miss Gunn and then called on me. Her deposit was arranged by Miss Gunn. I instructed Buckingham Brothers on behalf of Miss Gunn, who had asked me to get her assistants. I advised Miss Carroll to bring her friends to see the place and advise her. There were some 200 young ladies who called about the place and Carroll obtained it by paying in £15. Miss Gunn left because she was annoyed at my interviewing an applicant. I said, "If there is going to be dispute already we had better have some better agreement drawn up to know what we are to do." She went off, bouncing out and saying she would have nothing further to do with it and would I give her her money back. This was on Saturday at 12 o'clock. On Monday she returned and demanded her money. I said I could not give it her because it had been expended at her request. Miss Carroll kept going in and out daily with Miss Gunn for some days. Then she came into the office and said, as Miss Gunn had gone, she would go too, and asked for her money back. I said they had both broken their contracts, but I would take the responsibility of refunding their money immediately I got somebody to replace them. They kept coming and prevented my seeing other applicants, who would have rented the place off me and put money in to enable me to repay them. I paid Miss Carroll 10s. on account—that was all I had on me at the time. I had other money at Brixton. On October 18 Miss Carroll told me she did not mind what business she worked at so long as she could earn her living and I offered her employment as typewriter until. I could repay her money. She said she would leave her £15 at interest in the business as long as she could earn a regular income—she understood the difficulty I was in owing to Miss Gunn leaving me. I think she was in the office typewriting for two weeks. On October 7 she wrote me letter produced saying, "I wish to withdraw from the business the sum of £15, which was placed in your hands." I paid her 7s. the first week and 10s. the second. The police have got £6 10s. found upon me. I was going to give it to Miss Carroll. She would have had it before if I could have got it and so would the others. The arrangement with Miss Gunn was that she should rent the lower part of the premises, 207, Westminster Bridge Road, and run the restaurant entirely herself, including the shop, the tea room, and the lounge, and pay £1 a week. She was to help me get the place ready and she paid me £8, which I spent in buying material. I spent Miss Carroll's £15 on decorating. I produce receipts showing expenditure of £23 9s. 6d. during the two weeks that Miss Gunn and Miss Carroll were there. I propose to pay them both back as soon as I can, but this case has already cost me £30 since my arrest. On June 9, 1909, Smith was
introduced to me at Streatham by Buckingham Brothers. He said he was willing to take half share in a small restaurant. I told him my capital was limited, having lost money in the motor business. I mentioned 224, Brixtcn Hill, which I said had recently been a common dining rooms with a turnover of £10 to £12 a week; that the place had been empty three months; and we agreed that it could be made into a better class refreshment rooms. He went over the premises and agreed to take equal shares in fitting and opening, I to spend an equal amount. I told him I had no experience in a restaurant and should leave the whole management to him and the control of the books. All the fitting up and furnishing was hastened forward to open on June 19; posters were put up and the whole shop and three bedrooms for Smith and the waitresses' occupation furnished. Show cards, frames, signwriting, and decorating, crockery, cutlery, kitchen utensils, gas fitting, tablecloths, bamboo tables, etc., costing £62, were supplied. I produce receipts; also receipts for meat, groceries, etc., for the business.
(Saturday, January 22 and Monday, January 24.)
HORACE GRAHAM (prisoner, on oath), recalled, further examined. Mrs. Reed saw me on July 5, at 224, Brixton Hill. There was a little stock in the shop. The business was just about to be started. Within the next few days a large quantity of confectionery, which had been ordered, was delivered, for which I produce receipted bills. She brought her furniture two or three days after the 5th and paid £25 on July 10. On July 17 she determined to withdraw from the business. She had occupied the rooms with her two children and nurse, who had all been fed out of the receipts of the business. [A large number of bills and accounts were gone through showing the expenditure and receipts.] Mrs. Reed remained there altogether five weeks. I made no agreement to pay Smith a salary. From the beginning of June to the end of July there were eight persons living at 224—Smith was supposed to manage the shop; Mrs. Patrick was the cook; she agreed to purchase a quarter share by giving her services; Miss Hawkins was assistant and had 3s. a week and her board residence; Nellie Smith was the kitchen maid; Miss Packer was waitress; then I lived there and had breakfast; From the time Mrs. Reed came there were continual disturbances and quarrels between herself and Mrs. Patrick, and owing to her remarks about the dress and demeanour of Miss Hawkins, the waitress. I advanced £5 a week for the provision and up keep of the place besides bills paid for goods. Smith left me on very good terms and has been on good terms with me ever since—he asked me to try and sell his share and I put advertisement (produced) in the "Daily Chronicle" at his request. He said be could go back to the Connaught Club, Marble Arch, where he had been engaged before, and he left. I drew up document (produced) of July 20, 1909, "I hereby authorise Mr. Horace Graham to sell my share in above restaurant for the sum of £50. In the event of his doing so, I agree to pay him £10 as commission." He afterwards saw me and I offered to transfer his share
to another shop. When I informed Smith of the takings Davis and Kite were at work, and I believe heard the conversation. [A large number of bills for expenses were put in and read, which were stated to be payments by Smith out of the takings.] The £50 paid by Smith has all been expended in the premises. I never told him that the takings had been £18 to £20 a week. I told him that the place had done £10 to £12 a week and at its best £15. I have never attempted to deceive Smith and had no fraudulent intention in asking him to go into the business.
Cross-examined. One of the bills amounting to £8 is from Burt and Co. Burt is my father. He was my landlord. Three years ago I was in a business in the motor line with two other partners; the business went to smash and my partner brought various actions against me in the High Court. I went to the wrong room, and not being there when the case was called judgment went by default. I afterwards appealed and the case was taken back to the Croydon County Court, where judgment was given for me. When entering into the restaurant business I did not want to be known in the name of Burt, and changed my name to Horace Graham, in which name I took 224, Brixton Hill. The decoration and repair was done under my direction by Kite and Davis, who afterwards became the Art Decorative Co. They had afterwards offices at 224, Brixton Hill, and were references for me to Messrs. Wingate and Sons, in taking 74, Fleet Street. I became bankrupt in the name of Burt in 1902 and am still undischarged. I have given Phillips several times as a reference. I have several times given my father as a landlord's reference—he has been my landlord for a number of years. The Yorkminster Bureau, a school of shorthand, typewriting, and languages, was started about the beginning of September, 1909, at 207, Westminster Bridge Road, under Miss Fisher, but she found she could not get sufficient work. It was kept up for several weeks. When the Brixtonia Restaurant was floated I had £50 in cash—it was in the desk at my Streatham shop in notes and gold. I got it by selling motor stock. I had a motor business in 1909. It went on from 1907 to 1909. The shop was closed in 1908, but I was doing business up to 1909. It was carried on at 18, The Exchange, London Road, Thornton Heath. The London office was 98, Cheapside. The stock was kept at both places. I was trading as the T. B. C. Motor Company. I did not tell Mrs. Reed I had eight other shops in London. I did not offer her the position of manageress. I offered her a quarter share of the business. I did not say the place had been open for six months. I do not think I said that if she was not satisfied with the business when she went in I would return the money. She went to see other premises to have her share transferred into the confectionery business. Her brother-in-law went as well. I did not go with her to view several empty shops, which I told her I had taken. I went and saw several shops with her in order to have her share transferred from Brixton to another shop at her request. She went to Peckham and stayed at a shop there for a fortnight. I had never taken possession of it until after she left. I told her the previous
tenant of Brixtonia had done from £10 to £12 a week. I did not tell her the previous tenant had been sold up for six months' rent, because I did not know that Kite and Davis were at 224, Brixton Hill, doing it up; they also worked at other places for me. I consulted Smith about engaging Mrs. Reed. He left the matter entirely to me. Smith had not withdrawn his money, and he still has an interest in the business. Mrs. Reed's money was spent in paying for the sweets and other stock and in keeping her and the staff; she was living on her own money the whole of the period she was there. I always told her that I should deduct something for my sleeping accommodation from the 15s. a week Mrs. Reed was to pay. Smith paid her 4s. 6d. for the first two weeks. I received £7 from Miss Sutton on account of Mrs. Patrick. I believe I kept the money; the money was spent at Miss Sutton's and Mrs. Patrick's request to fit up a small sweet-shop at Peckham. The reason it was not opened is because Miss Sutton left. Mrs. Patrick and Miss Sutton agreed to go into partnership in this small lock-up sweetshop because there was not sufficient work at the Brixtonia Restaurant. Mrs. Patrick had agreed to leave and I had agreed to get rid of Miss Hawkins, so as to allow Mrs. Reed to have full charge of Brixtonia. I gave Miss Sutton receipt (produced) "For the sum of £7 for share in lock-up sweetshop on behalf of Mrs. C. Patrick." I paid Mrs. Reed money to carry on the restaurant, I got it out of the capital in the business. I told Mrs. Reed that I had an account against her for board on the day she withdrew. She put the matter in Percy Robinson, solicitor's, hand. I did not answer the solicitor's letters because at that time she was going over other premises with me. I have paid no rates at Brixton; they are now overdue and there is a warrant out against me for them. The document stating that Mrs. Reed owed me £6 was a genuine transaction—she owed me the money. She was there eight weeks, and had agreed to pay me 15s. a week. There is some furniture at Brixtonia now—one bed, a few pictures, the mirrors, the linoleum, tables, kitchen utensils, and cutlery. I have spent £123 in Brixtonia as against the £125 capital that was put in. The capital was £50 from myself, £50 from Smith and £25 from Mrs. Reed. I got the money from my other establishments and from motor stock I had been selling. The money I had from May was not a security; it was a deposit until completion of an agreement to rent the premises. May did not demand his money back—on the evening of December 4 I arranged to pay it back and on December 5 I offered him the £3, less the 30s. he owed me for rent. Miss Gunn was never my employee. She had become my tenant by the verbal agreement that we made. The agreement was not properly drawn up, as the decorations had not been completed. I spent her money in buying crockery, etc., at her request. 207, Westminster Bridge Road is not about to be palled down. The premises had been threatened to be pulled down for nine years. Burt was my landlord of 18, The Exchange, London Road, Thornton Heath, then, and 14 years previously. I carried on business there during 1907 and down to March, 1908, in conjunction with the. T.B.C. Motor Company, and held the premises from
Burt, my father, at a rent of £50 or £55. I never had a genuine restaurant business established at 207, Westminster Bridge Road—I never said I had. Of course, the premises were taken empty to start; Miss Gunn agreed to start them. After she withdrew in October I took the responsibility on myself. I required £15 as a guarantee from Miss Carroll for working capital on behalf of Miss Gunn—not as a guarantee of Miss Carroll's honesty. I should have taken May on as manager at 224, Brixton Hill, had we come to terms—I wanted the place taken off my hands—I wanted a manager or a tenant—I did not know which at that time. No mention was made of salary; the question would have been settled had he completed his agreement and put £20 into the business. I made no untrue assertions to Mrs. Reed. Miss Carroll knew I was spending her money—I told her it was the working capital that was required in the business. May's £3 was spent in providing coals, eggs, wood, and incidentals in the shop.
Re-examined. I have been in business for the past 20 years in Croydon; and 10 years, part of that time, in Brighton. Photos, (produced) are of the premises of the T. B. C. Motor Company. I had shops in Brighton, at 97 and 131, London Road; 7, Gloucester Place; a motor storage at 95, North Road; a big enamelling business at 12a, Temple Street; and at 2 and 2a, Bedford Street, Kemp Town; at the same time still carrying on business as tyre manufacturer at two shops—66, Church Street and 88, High Street, Croydon. At one time I was one of the biggest cycle manufacturers in South London. My machines are well known. I left Croydon four or five years ago owing to the leases expiring. In 1902 I was adjudicated bankrupt through costs incurred through infringing the tyre patents of the Dunlop Company, amounting to £215. In 1905 I lost £850 by a fire. My relatives at Croydon then advanced me money, and in 1906, with Swabey, a barrister, and Crowsley, a motor engineer, I formed the T.B.C. Motor Company to exploit certain patents. That ended in litigation, and I lost heavily. Then I opened premises at 82, Upper Tooting Road in the cycle and motor line; about 12 months afterwards, owing to my partner sending libellous letters to a firm, I was charged at Lambeth Police Court, but the case was dismissed. My statement of affairs in my bankruptcy shows gross liabilities £275 2s. 6d., including 21 unsecured creditors under £10 expected to rank; assets, £116 13 lod.; deficiency, £158 8s. 8d.
(Tuesday, January 25.)
WILLIAM KITE , 95, Parsons Mead, Croydon. I have known prisoner 12 to 14 years, and have worked for him for about three years during that time in his motor business. I am now working in a laundry. I worked for prisoner from April to October, 1909, at Brixton Hill, Peckham, and Westminster. At 224, Brixton Hill I fitted up the restaurant, doing painting, carpentry, etc., receiving 30s. a week. I also went to an auction-room for some furniture prisoner had bought; he gave me £5 10s. to pay for it in case he
did not come; then prisoner came and paid for it. I removed bed furniture, carpet, chairs, table, a tea set, and other crockery to 224, Brixton Hill. There were also brought in eight or nine pictures, half a dozen chairs, crockery, cutlery, and glasses, which came from a shop in Atlantic Road. There were nine mirrors fitted up in the shop with frames and two without frames, which came from Burt and Co., of Croydon. The glasses were sent from Clark, of Blackfriars Road, and Robinson and King, of Stratford, on account of Burt. There were also rustic silver flower vases from Burt. I fixed a boiler at 207, Westminster Bridge Road. Restaurant business was done at 224, Brixton Hill. I have seen a dozen persons dining there at a time. A large quantity of sweets, chocolate, etc., was in the shop a week after it was opened. I was in and out the place when prisoner interviewed Mrs. Reed. I heard prisoner say that the people who had it before had taken £10 or £12 a week—that was on the day Mrs. Reed walked in—that the confectionery business was only just starting, and whoever took it the making of it or the failure lay on them. There were many disputes between Mrs. Reed and Mrs. Patrick. Mrs. Reed told prisoner she would withdraw from it. Prisoner told her she would have to get out of the shop. After that she came in and out all day long. There were disputes in consequence. Mrs. Reed, her children, and nurse nearly always had their meals there. The quarrels began after Mrs. Reed withdrew.
Cross-examined. I am now working at Broome's Laundry, Lady-well. I am a general handy man. I never had anything to do with the Art Decorative Company. I never received letter (produced) or any other addressed to Kite, at the Art Decorative Company, or 224, Brixton Hill. I worked for prisoner for two months at Brighton, when I was working at Croydon for him—that is about 10 years ago. I last worked for him in October, 1909. In April and May I was working for prisoner at Streatham, doing repairs. I started work at Brixtonia about June 11; and went to 207, Westminster Bridge Road on September 6. I have worked for Burt, senior, at Century Buildings, Croydon. Prisoner told me Smith and Mrs. Reed were going to invest money in the business. I never heard prisoner say the last tenant had been sold up.
LUCY SHAW . I was in prisoner's service as typist at 74, Fleet Street, and lived at 224, Brixton Hill, receiving 15s. per week and my board and lodging; for five weeks from October 23, 1909. I thought the restaurant a very nice little place. I had breakfast there, and left at 9 a.m. and returned in the evening—I saw customers having tea. There was a stock of sweats in bottles and boxes. The shop and my bedroom were nicely furnished. I heard May tell prisoner that he would get the balance of the money that was owing to prisoner. Mr. and Mrs. May were then living there; they had their furniture in different rooms and occupied a bedroom and sitting-room. My room was furnished before they came.
Cross-examined. Prisoner had paid my wages; he owed me a week, which he paid me about a week after I left, when I met him in Fleet Street. I used to go to Yorkminister Bureau in the morning
and do some work there, but I was generally at Fleet Street; there were two or three other typists at the bureau. I left prisoner because I wanted to look out for something better.
MARIE REAVE . I have known prisoner during the past four years. Three years ago I worked in the office of the T. B. C. Company. I received 12s. a week, and have been paid. That business failed about two years ago, and I am now maid to a lady. I was a frequent visitor at 224, Brixton Hill. I knew Mrs. Patrick, the cook. I have seen dinners prepared and served to customers there for tea. I was proposing to take up a situation as waitress—if it had gone on I should have done so. The place was well and tastefully furnished with mirrors, bamboo tables, flowers, etc. There were four servants besides Miss Bowen, the assistant manager. I was in there daily the first week after Mrs. Reed came. I saw her with her brother-in-law; he said it seemed all right, but she had better be there for a week and see how it went on before putting her money in. Mrs. Reed occupied a bedroom, and her two children and nurse another room on the top floor. I was told Smith was a partner with prisoner, and that he had put £50 in. I should say there was £10 worth of confectionery in the shop. Mrs. Reed told me she was going to take charge of that department.
Cross-examined. I lived at Groundslow Lane, Streatham, in the same house with prisoner and his partner. I was introduced to prisoner by my cousin, Ethel May, and he afterwards engaged me to do office work for the T. B. C. Company. I used to call in casually at the Brixtonia Restaurant. I first went there a fortnight before Mrs. Reed came in to live there.
CHARLES SOLLY , manager to Jelks and Sons, 275, Holloway Road, house furnishers. Mrs. Reed, in September, 1908, had some furniture from my firm under hire-purchase agreement (produced). She said her husband was in India and her brother-in-law, Eyres, signed as security. She did not inform us of the removal of the furniture to 224, Brixton Hill. We discovered where it had gone to and I went to take possession of it. Prisoner stated Mrs. Reed owed him a considerable amount for rent and prevented me from removing the furniture. Mrs. Reed also stated she owed prisoner rent. I asked prisoner to put a legal distraint upon it; he said he would. I afterwards wrote and asked him how the matter stood, but he did not reply. Finally I had a letter from Mrs. Reed, Vicarage Lane, Streatham, stating that she had removed part of the furniture to Fish, New Park Road, Brixton, and that I could get it by calling there—which I did, giving Fish the letter as an authority.
FREDERICK CHANDLER , 207, Westminster Bridge Road, aeroplane engineer. I have known prisoner since October 6, 1909. I went with prisoner, Miss Edwards, her mother, and the agent from Phillips and Phillips to 24, Poland Street, to take instructions from prisoner regarding the doing up of the premises. Miss Edwards said the place was suitable for what she wanted. I live at 207, Westminster Bridge Road. I came in contact with prisoner through an advertisement I put in the
"Flight" newspaper regarding an aeroplane I had invented. He made an agreement to finance me; he proposed to form a school of aviation. I was to superintend the building of my own machine.
PERCY DAVIS , 170, Coldharbour Lane, Camberwell. I have known prisoner and have been working for him as a painter and decorator at £1 a week and board and residence, which I had at 224, Brixton Hill. I have been working on repairs there and at 207, Westminster Bridge Road. One morning in September prisoner borrowed 10s. from me, which he gave to Miss Carroll. I heard her say she was going to work at the typewriting and would leave her money in the business. I have seen four or five people having refreshments in the restaurant at a time. The place was moderately well furnished. I heard Mrs. Reed calling prisoner names—a blackguard, etc.
Cross-examined. I wrote reference produced to Messrs. Clayton on August 31, dated from the Art Decorative Company, 34, High Street, Peckham. I had worked for prisoner about three years.
(Wednesday, January 26)
HENRY EDWARD PHILLIPS , Palace View Laundry, Upper Norwood. I have known prisoner about five years as a customer—he has always paid me. I have visited Brixtonia about a dozen times from about June, 1909. I saw the announcement of its opening and dropped in for a friendly visit and to have refreshment. The place was well fitted and furnished and had a considerable stock of sweets. I was present at an interview between prisoner and Mrs. Reed, when he said that the previous people did a business of about £10 or £12 a week—I cannot say the date when this occurred.
Mr. McDonald submitted that, Miss Carroll being stated in the indictment to have been engaged as manageress, there was no evidence to support it; secondly, there was no evidence of the specific representation of a confectionery and tobacco business established in the case of Mrs. Reed; thirdly, there was no evidence of misrepresentation in the case of May.
Held that there was general evidence for the Jury of misrepresentation in all three cases.
Verdict, Guilty in all three cases. "The Jury wish to express their sympathy with all the victims of the prisoner's fraudulent tactics."
Sentence, 12 months' hard labour on each count, to run concurrently.
Mr. Newberry stated that the prosecution had been conducted by Miss Carroll, and asked that the costs of the prosecution should be borne by the county;
The Common Serjeant said he did not know if he had power; but, so far as he had power to say so, he considered the costs should be borne by the county and he directed that they should be liberally taxed. He directed that the £6 10s. found on the prisoner should be paid to Miss Carroll.
BEFORE THE RECORDER.
(Wednesday, January 12.)
HALLIDAY, Joseph, otherwise Halladay (26, fireman) pleaded guilty , that, having been committed by warrant under the hand and seal of the magistrate of the West Ham Police Court for trial at the Central Criminal Court for felony and whilst he remained in custody under and by virtue of the said warrant at the West Ham Police Court, he did feloniously break the gaol belonging to the said court by prising certain bars therein thereby escaping.
Prisoner escaped from gaol in September, 1907, and went to America, where he married, and returned to this country with his wife, who wanted to see her mother. In December last he was arrested at Aberavon and sentenced to 12 months' imprisonment as a suspected person. On his identity being discovered, he was brought up on a Home Office order.
There are many previous convictions.
Sentence, Six months' imprisonment for breaking gaol, to run concurrently with the sentence of 12 months he is now undergoing.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, January 12.)
BEETON, Frederick George (29, clerk) pleaded guilty , of feloniously taking away Phoebe Frances Lock, a child under the age of 14 years, to wit, of the age of seven months, with intent to deprive Percy Lock, the father of the said child, of the possession thereof.
Sentence, three months' imprisonment, second division.
NOLAN, James (22, tailor's cutter), and LEWIS, Thomas (21, carman) pleaded guilty , of burglary in the dwelling-house of Elizabeth Taylor, and stealing one pair of gloves, the goods of Stewart Evans, and one muffler, the goods of George John Taylor.
Three previous convictions were proved against Lewis.
Sentence: Nolan, 12 months' hard labour; Lewis, 18 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, January 14)
RAE, Wilson (38, electric therapeutic) , obtaining by false pretences from William Hallam Norris two rings, and in incurring a debt and liability of £36 to the said W. H. Norris obtaining credit to that amount by means of fraud other than false pretences, in each case with intent to defraud; stealing one necklet and other articles, the goods of William Hallam Norris ; feloniously marrying Olive Louisa Prosser, his wife being then alive.
Mr. Purcell prosecuted. Mr. G. Herbert Head defended. Mr. Attenborough appeared for certain pawnbrokers.
Prisoner was first tried for stealing and receiving diamond and sapphire ring, single stone diamond ring, diamond earrings, and pair of cluster diamond earrings.
WILLIAM HALLAM NORRIS , 306, Green Street, Upton Park, West Ham, pawnbroker and jeweller. I have known prisoner about two years. He has been carrying on business at 43 and 44, New Bond Street, as "Rae's Electric Light Institute," since September, 1908. He first bought some small articles which he paid for, and then I furnished and fitted his offices at a cost of about £100. He was then living at East Ham. He afterwards removed to Reading, and we supplied a large quantity of furniture, etc. I did not look on him as a credit customer. His practice was to come and pay after the articles were delivered. In November, 1909, he owed me £152 8s. 6d. On November 16 he came in his motor and said, "I have a lady outside—an actress—to whom I wish to make a present." He brought the lady in, whom he introduced as his wife. I showed him jewellery, and he purchased a diamond half-hoop ring at £28 10s., and a diamond and sapphire ring at £7 10s., which he handed to the lady. He then said he wanted something better—a diamond pendant or good diamond earrings. I told him we did not keep such things at Upton Park, but I would get some from the wholesale house, and he arranged to come down and see them the next day. He said he would give me a cheque for the amount owing, including the rings then bought, amounting to £188 8s. 6d., in a few days. The further goods were to be paid for in cash. I obtained more expensive jewellery, and on November 18 he asked me on the telephone if I had the jewellery, and said he would come down on the car. He arrived at 2 p.m. with a man whom he introduced as Henry Irving, the actor. He said he could not bring the lady as she was ill. I showed him a diamond and sapphire necklet £43, a pair of diamond earrings £27 10s., pair of brilliant earrings £20, diamond ring £50, a necklet at £35, and two other pairs of earrings. He took those seven articles away, which were invoiced to me at £170. He said, "The lady it ill; have you: any objection to my taking them to show the lady." I said, "No, but you can only have them on the same terms that I have them—that is, goods or cash. I cannot put these to the account." He said, "All right, old man, I will let you have the goods or cash back to-morrow morning. In case these do not suit you might give me an order on one of your wholesale houses as she is a good girl and I want to make her a good present." I gave him the address of Williamson's, Limited, Farringdon Road, and, advised them that I was sending a customer down who wanted one or two articles of jewellery. Prisoner also said he wanted to make a Mrs. Porter a present of a dressing-bag,
and would I give him an order on my wholesale house. I gave him the address of Messrs. French and Son and Messrs. Moore, and advised them, but he did not go there. I afterwards had an account from Williamson's for £120 for jewellery they had supplied to prisoner. Prisoner did not return the next day, November 19, nor send the goods, and on the 20th I sent my manager, Dunckley, to Bond Street, but he failed to find the prisoner. On Monday, 22nd, I sent Dunckley again; he communicated with me on the telephone, and I went up to Hanover Square, when prisoner came up in a taxicab as I and Dunckley were waiting at the corner. We went into the Bodega, and I said, "What about the jewels—how is it you have not returned them?" He said, "The girl has got them, and she has gone to Glasgow with them." I said, "It is a very serious position for me to be put in. How was it you came to let her take them?" He said, "She was going off by train, and I intended to go with her, but I must have been drunk and lost the train. However, I think I can go down to-night." He looked at his watch and said, "I think I can catch a train to-night, and I will bring them back to-morrow, but it will be late in the day." I said, "Cannot you give me some money." He said, "Yes, I will give you a cheque for the old account. "Dunckley fetched a blank cheque from his secretary, and the prisoner filled it up for £188 8s. 6d., handed it to me, and left me, as I thought, to go to Glasgow. The next morning, November 23, I had the cheque specially cleared, and it was returned "Refer to drawer." The same day I sent Dunckley again to Bond Street, when he brought me another cheque for £188 8s. 6d., post-dated November 27. On November 24 I went with Dunckley to prisoner's premises at New Bond Street. We were there a considerable time, but failed to find him, and at about 2 p.m. saw him in Trafalgar Square. We went to a restaurant in Parliament Street, and I said, "We have come for the jewels." He said, "You cannot have them, old man, they are still in Glasgow," and that he had not had time to go down. I said, "If you cannot go down you had better send a wire to her to tell her to return them immediately. It is getting serious." He agreed, and wrote out a telegram which was handed to Dunckley, who copied it and kept the original (produced): "To Lydia Watts, Queen's Theatre, Glasgow. Send back things that you are not keeping to me at New Bond Street. Register. Must arrive Friday or I pay, cannot afford it." The next day, November 26, not feeling satisfied I sent a similar telegram in my own name, and had form (produced) returned to me by the Post Office, stating that my telegram could not be delivered as Lydia Watts was unknown at the Queen's Theatre, Glasgow. I then went to prisoner's place of business; he was not there, but I saw on his office table a form from the Post Office similar to that which I had received. On November 26 prisoner telephoned me stating that he had got some of the jewels by post from Glasgow—a diamond necklet and two pairs of earrings. I said, "Is the girl still there?" He said, "Yes." I said, "How is it that you have only got these?" He said, "This is all she has sent, but I must go down and see her, and bring the others back., I want
to see the girl." I then went to New Bond Street, and received from prisoner's chauffeur, James Wilkes, a diamond necklace, sold at £35, and two pairs of diamond earrings (£27 10s. and £22 10s.) which I returned to my wholesale house. On November 27 I presented prisoner's post-dated cheque; it was dishonoured. Thereupon I sent Dunckley to Bond Street; he failed to find prisoner, and I issued a writ for the amount of the dishonoured cheque and the goods (about £120) which Williamson's, Limited, had supplied to prisoner. On December 7 I ascertained that some of the articles had been pawned, and applied for a warrant.
Cross-examined. During, the two years I had known prisoner I had had dealings with him up to between £400 and £500, including the furnishing of the Bond Street premises. He was not supplied on credit; the order would be running, he would select different articles, and when they were delivered he would come and bring a cheque; sometimes we have sent invoices; prisoner did not ask for credit. We supplied him with many goods for his Beading house, which were paid for shortly after delivery. I did not look on him as a credit customer. I think at the end of 1908 he paid a bill of £123 for jewellery. I believed his credit was thoroughly sound, or I should not have let him have jewels then to that extent, nor should I have given him an order on Williamson's. That £123 included a dinner service and other articles of furniture. I never told him I would trust him up to £1,000. Prisoner was carrying on business as "Electric Therapeutic" in New Bond Street. There was a similar institution called the Bartitsu Light Cure Institute in Albemarle Street, managed by Barton Wright, against whom prisoner told me he had brought a bankruptcy petition and that he was expecting to receive £500. I attended at the Bankruptcy Court on November 30 to serve prisoner with the writ—Barton Wright had told me prisoner would be there. I know nothing about there being bad blood between the prisoner and Barton Wright. Barton Wright has not urged me to bring this prosecution—he told me where I should find prisoner, and prisoner had told me he would be at the Bankruptcy Court on November Prisoner said he had £500 coining to him from Barton Wright and £700 from another source. He did not suggest that if I went to the Bankruptcy Court that he could pay me, nor did he know I was going to be there. When prisoner came with the lady, I do not recollect his saying he wanted a dressing bag. I deny that I pressed him to buy jewellery—nothing of the kind. I wanted his cheque for the money owing and he said he would let me have it in the course of a few days. On November 18 I did not ask him to come down to see some jewellery; prisoner telephoned asking if we had got the jewels and saying he would come down. Then he made the plausible excuse that he wanted to show them to the lady, who was ill, and believing his statement I let him have the goods on the understanding that he would return or pay cash for them the next day. The diamond ring might be worn by either a lady or a gentleman. When prisoner came he usually had something to drink; generally champagne. On November 18 I had a bottle and we drank it
and also some whisky. Prisoner was not drunk. I should have been quite willing to take back the money or the jewellery and should have been glad to receive either on the day I served him with the writ. I had information and traced some of the articles to pawnbrokers. Prisoner was arrested in a street out of Hanover Square. I was present. He was led to believe that he might receive some money—that was done by the detectives and Barton Wright. I looked upon prisoner as a wealthy man from his use of a motor-car and from the way he talked of money. I believed the man he introduced to me was young Irving—I was deceived. My jewellery manager, Warne, was present when the jewellery was delivered. Warne was not called at the police court—I did not think it was necessary; he is not here to-day.
Re-examined. No question was asked about Warne at the police court.
JOSEPH DUNCKLEY , manager to prosecutor at Upton Park. On Monday, November 22, I saw prisoner in Trafalgar Square and told him I had come for the jewellery. He said, "You cannot have them, old man—the girl has got them in Glasgow." I then asked him for a cheque for the outstanding account. He said if I would go to his secretary and get a blank cheque from her he would fill it up—I did so, and prisoner filled in and handed me the cheque. I informed prosecutor by telephone; he came up and we had a further conversation with prisoner about the jewellery. Prisoner said he would go down to Glasgow and get it back; he spoke of the times the trains left, and we left him on the understanding that he would go that day. The next day I had a special message from the bank that the cheque had been dishonoured. I saw the prisoner and told him. He said, "How did you get it through so quick?" I said it had been sent by a special messenger. He said, "Never mind, I will give you another, but I must post-date it to the 27th." He then gave me cheque (produced), dated November 27. I returned him the dishonoured cheque. The next day I saw prisoner with prosecutor in a restaurant in Parliament Street. Prisoner said he had been too busy to go to Glasgow for the jewellery. We suggested he should send the lady a telegram, and he wrote out telegram produced, which I copied, as the handwriting was not very clear, and forwarded my copy.
Cross-examined. I am manager of the furnishing department and have supplied prisoner with goods on credit. When prisoner gave me the first cheque he said he had a lot of money coming in and asked me if a post-dated cheque would do. The second cheque was post-dated to the 27th, and it was presented on that day by a special messenger. I have never heard Barton Wright utter threats against prisoner.
CHARLES BENNETT , assistant to J. F. Bravington, 27, Wardour Street, pawnbroker. On November 20 prisoner pledged with me diamond earrings (produced) with some other articles for £70; £16 or £17 was lent on the earrings.
Cross-examined. Prisoner gave his real name and address. I believe he has had previous transactions with my firm.
ERNEST ROBERT BAUCKHAM , manager to Walter Bull and Son, 41, Fenchurch Street, pawnbrokers. I know prisoner as a person pledging goods with my firm. On November 18, 1909, at 5.45 p.m., he asked for £50 on single stone diamond ring produced. I told him I could not advance more than £40 that night, but if he called the next morning when the ring could be better examined I might possibly lend him the additional £10. I referred to a previous transaction we had had with him and said, "Is this one of the rings you redeemed some time back?" He said, No, he had bought it lately, and that it cost him £70. He took the £40 and called the next morning, but we declined to lend the additional £10.
Cross-examined. The ring is a gentleman's ring. Prisoner gave his name as "W. Rae, 43 and 44, New Bond Street." Prisoner has acted straightforwardly in previous transactions.
Re-examined. Prisoner appeared to be sober—he was with me 10 or 15 minutes.
JAMES WILKES . At the beginning of May, 1909, I entered prisoner's service as chauffeur and remained with him until December 2. About November 15 prisoner told me he would have to go abroad—he has told me that before and asked me if I would go with him. On November 16 I drove him to prosecutor's shop with a lady. On November 18 we drove there again without the lady; he told me he was going to pick up a friend of his named Campbell. On the road Campbell got into the car; we went to have a drink and prisoner said I need not keep anything away from this fellow. We drove to prosecutor's shop and prisoner went in. He was sober. I waited about 2 1/2 hours and I drove Norris, Dunckley, Campbell, and prisoner to the "Boleyn Arms" public house. Prisoner called me in and told me I had to play a game of billiards, which I did. Prisoner then directed me to drive home through Fenchurch Street, where he told me to stop at a pawnbroker's shop, which I did, and prisoner went in. He did not seem to be the worse for drink. He told me to meet him the next morning at Victoria. I went there at 11 a.m., when prisoner and Campbell arrived in a taxi. I got in with them and we went to the Piccadilly Hotel, where Campbell got out. Prisoner then said to me, "Jim, do you still intend to go away with me?" I said, "Yes, I do." He said, "All right, Jim; we won't go away broke. I shall be worth about £6,000 before I go away." He showed me some jewellery in cases—some eardrops and a lady's necklace, which looked like diamonds to me, and said he was going to get some more. He said we would go away and enjoy ourselves for a time; he would have a £1,000 run in a gamble and then he would settle down and go in for the public house lint.
Cross-examined. For three or four weeks before November 18 prisoner had been drinking hard. He had drinks on the way down to prosecutor's. I stayed outside the shop for two hours and a half. When prisoner came out he seemed sober to me. He could take a rare lot of drink before he would show it. There was a good deal of drinking at the "Boleyn Arms." On the Saturday before prisoner was arrested I went to the Bartitsu Institute and saw Barton Wright—
Wright said he was going to have prisoner arrested. At that time prisoner owed me about £55. On a later occasion Barton Wright told me he could get me my money if I gave him certain evidence. I have received 25s. for my expenses in giving evidence. I have not been promised anything in connection with this case. When prisoner showed me the jewels he was sober.
Re-examined. The evidence Barton Wright wanted from me had nothing to do with this case.
Detective-sergeant JOHN MARSHALL, K Division. On December 8, at 4.40 p.m., I was with another officer in Mill Street, Hanover Square, when Norris pointed out the prisoner to me. I said to him, "What is your name?" He said "Rae." I said, "We are police officers and I have a warrant for your arrest." I read the warrant to him, which was for obtaining goods by false pretences. He said, "Mr. Norris, this is a very dirty trick. Cannot I pay for them?" I conveyed him to the station and searched him; he produced a wallet, which contained £237 10s. I took him to West Ham Police Station, where he was charged, and in reply said, "I plead not guilty." I found also upon him a diamond and ruby bracelet, which is not produced to-day.
Cross-examined. I received a diamond and sapphire necklet and two rings (produced) from Miss Prosser at No. 1, Albemarle Street.
WILSON RAE (prisoner, on oath). I have known prosecutor for about 10 years, and have dealt with him both for cash and on credit. I never had a bill from him. I used to 'phone or write him to send his account so that my secretary could draw up a cheque for it. On November 16 I went to prosecutor's shop with a lady in my car. I told him I had a lady in the car and I wanted a lady's dressing case. I asked him if he had a bottle and he brought a bottle of champagne out. The cork broke and he sent for another bottle, the cork of which also broke. Then the jewellery manager (not Dunckley) got one of the corks out with a corkscrew. Norris said he had not a dressing-case in the shop. Then the jewellery manager said, "Here are some good things, which would suit you all right, Mr. Rae," and showed me some earrings at £7 or £8 the set. Prosecutor said, "They are no good to Mr. Rae, do not show him that rubbish." I said, "That is no good to me," and Norris said, "We will get you some good stuff." We finished up the other bottle of champagne and I left. For two months I had been drinking a lot—I had been taking two bottles of wine before breakfast. On November 18, at about 11 a.m., prosecutor telephoned me and said, "Can you get down to-day? I have the jewellery." I said I was busy and did not know, but afterwards I told him I would motor down, and I afterwards went there, stopping on the road for drinks at the "Aberfeldie" public-house. I went straight into prosecutor's office and was there about half an hour before going into the jewellery department. I kept going back into the office to have a drink. We had three bottles of
champagne and a bottle of whisky—I know I paid for two bottles of champagne. Prosecutor showed me the jewellery and said, "I will make it up into a parcel for you; what you do not want let me have back." I took it away. That was all that was said. At that time I had a bankruptcy petition against Barton Wright, the case had been on on November 16, and the hearing was adjourned until November Barton Wright made an affidavit before Mr. Registrar Hope that he would pay me £590 due to me on November 30. I had also my business, which cost me £5,700, a motor-car which I had paid £185 on, my house at Reading, which I had fitted and furnished at an expense of £500, and where I had a cow, sheep, and 300 head of poultry. The reason why I pawned the ring was that I found that I was short of money and it was impossible for me to get any that night. I pawned it on the evening of November 18 at Bull's in Fen-church Street. I pawned the cluster earrings because I had a Stock Exchange account to settle—I obtained £70 on those and other articles of my own. Before pawning them I showed them to the lady, and asked her to pick out what she wanted. Prosecutor worried me so much about this jewellery, and having a lot of worry at that time through domestic affairs, that, to get rid of him, I told him a yarn about the girl having taken the jewellery to Glasgow. He was ringing me up every half hour on the telephone. I afterwards returned him some of the articles and told him I should pay for those I kept. I intended to do so. On November 30 Barton Wright's bankruptcy petition came on; Norris was present in court and waited 3 1/2 hours to see if I was going to get the money. I told both Norris and Dunckley I expected to get the money on that day and would pay. The relations between me and Barton Wright have been strained. Wright telephoned me and said he would have me arrested if I would not withdraw the bankruptcy petition—that he would have me in prison. I asked him on what charge. He said, "If you want to clear yourself, make over the Bond Street business to me and I will give you £50 to clear the country." I told him I should not do anything of the sort. When this case is finished I intend to prosecute him for blackmail. I never asked Wilkes to go abroad with me. I had no intention to go. His evidence is false. At that time I had been negotiating for a house at Hounslow. The only jewellery I showed him was giving him the necklace and two pairs of earrings to send on to Norris. There is not a word of truth in what Wilkes has said about this.
Cross-examined. At the time of my arrest I had sold my business. Part of my luggage was at the cloakroom, Charing Cross Station There was no man in possession of my house at Reading for non-payment of rates. I know Mrs. Simms—she is a patient of mine, she has given me money to a considerable extent. On September 29, 1909, I wrote letter (produced) to her: "Your wire just to hand. I waited for it before writing. I must pay my rents and rates on Thursday. I have done everything else all right and got out of my trouble, but have now a man in possession for rates. What can I do? I am off my head. In 15 days Dawson promised me £500 as a
loan, but the corporation will not wait. I have sold my watch and all I have of any value. Now you can help me in another way if you will—will you back a bill for me? It will cost you nothing. I can then get the loan from my own bank and all will be right, as Dawson will give me the money immediately." Mrs. Simms lives at Reading. She has given me some thousands of pounds—I could not tell you how much. She was a patient of Barton Wright's. He borrowed some money of her and never paid her. She afterwards became a patient of mine. She had previously given me money. I was a nurse in the employ of Barton Wright when she was a patient there and she gave me money; then I left Barton Wright, set up my own institute, and she became a patient of mine. There was a man in possession at Reading for rates—I had forgotten it. When I went to prosecutor's on November 16 it was simply to buy a lady's dressing bag. I never said I wanted to make a present to a lady. The lady came into the shop and the manager showed her two rings, which she put on her finger and said, "Can I have them?" I said "Yes," and went and had another glass of champagne. I never asked for jewellery or for anything except a dressing case. I never promised to give prosecutor a cheque. I asked him when he was going to send his account in. I gave Dunckley cheque for £188; when he told me it had been returned I said, "How did you get it through so quick?" He told me it had been specially cleared. The cheque would have been met if it had gone through in the ordinary way. I asked to post-date the second cheque. If it had been paid in on the 27th it would have taken two days to clear and I expected to get the money to meet it. I asked Norris to give me the order on Williamson's, so as to get the dressing case. I got from them jewellery to the value of £120, as well as the dressing case. They had not the kind of dressing case I wanted, and they got me one the next day, the 20th. On the 19th I had from Williamson a ruby and diamond bracelet, £18 15s., a pearl and diamond cluster ring, £70, a rose bowl and plinth, £12 12s., and on the 20th a silver-mounted dressing bag, £14. A few days afterwards I gave Wilkes the plinth to pawn, which he did for £4 10s. I gave the dressing bag back to the prosecutor. Norris said nothing about my returning the jewellery or the cash the next day. I never said, "All right, you shall have them back tomorrow morning or the money." There was no reason for me to say that, because I had an account with them. None of the jewellery went to Glasgow. I said that to Norris and Dunckley because I had an appointment, and I wanted to get rid of them. I said to Norris, "Do not keep on worrying me; you will get your jewellery or get your money." I do not think I said anything about catching the train. I wrote the telegram produced to send to Glasgow. I had already told the yarn about it and I had to follow it up when they were worrying me so. I knew the lady was not at Glasgow. I telephoned through to Norris and told him I had some of the goods that I wished to return and asked if I should send them by messenger or by post. He said that Dunckley would come for them, so I left them with my secretary and she handed them to the chauffeur, who handed them to Dunckley. I believe I pawned the ring at Bull's as I drove home from Upton Park; he said
he could only advance me £40 that night and I went thenext morning to see if he could let me have the other £10. I did the cause I was short. I could have redeemed it the next day, but him do so as it was just as safe there as anywhere else. I cannot say whether I told Bull's that I had given £70 for it.
Re-examined. The two rings I had on November 16 were put down in my account. After ordering the dressing case at Williamson's they asked me whether there was anything I wanted for a Christmas present and showed me some bracelets. Then from the bracelets I got on to a tie-pin, which I bought, and then they said they had a ring which would match the tie-pin, and I was induced to take that. When I gave the cheques I expected there would be sufficient money in my bank to meet them. In fact, there would have been if I had not paid it away elsewhere. When I sent the telegram I was drunk. I was also drunk when I pawned the ring at Bull's.
(Saturday, January 15.)
Prisoner confessed to having been convicted on October 21, 1897, at Southampton Quarter Sessions of obtaining goods by false pretences.
Prisoner was then tried on the bigamy charge.
Mr. Lort Williams prosecuted; Mr. G. Herbert Head defended.
LUCY ADA PRATT , licensee, "Bear" Hotel, Hungerford. I know prisoner under the name of Kenderdine Croll Rae. On January 9, 1890, he married my sister, Anne Maria Williams, at St. Bartholomew's Church, Southsea. I signed the register. My sister is with me at present. I saw her in November last.
Detective-sergeant JOHN MARSHALL. I produce certified copy of certificate of marriage between the prisoner and Anne Maria Williams. On December 28 he was charged with marrying Olive Louisa Prosser, his first wife being then alive. He made no reply to the charge.
OLIVE LOUISA PROSSER , "Berkeley Arms," Cranworth, music-hall artiste. On November 13, 1909, I went through the form of marriage with the prisoner, Wilson Rae, at the Staines Registry Office. He described himself as a bachelor. He told me he was a single man. We lived together until he was arrested upon another charge. I had known prisoner about three weeks before the marriage.
Cross-examined. I have never been married before. I have never lived as Mrs. Fuller. I had a child when I was 17—I have had two children. I told prisoner of my trouble and he said, "I do not want to hear that—I know you have had a trouble. It shall never be mentioned again between us." He never told me he was a married man. The landlady of the "Berkeley Arms" said how did I know but that he was a married man and that I had only known him such a short time.
Re-examined. A week before we were married I commenced to tell prisoner that I had had trouble and he stopped me. I was then out of employment, but had an engagement for three months in the pantomime at Glasgow at a salary of £4 a week and matinees. I gave up that engagement as prisoner said he did not want me to go on the stage. I am now 22 years of age.
Sentence for larceny, 15 months' imprisonment, second division; for bigamy three months' imprisonment, second division, to run concurrently.
It was stated that of the £237 10s. found on the prisoner £80 had been allowed for the costs of the defence.
His Lordship ordered the goods the subject of the charge of larceny to be restored to the prosecutor on payment out of the money found on prisoner to Bull and Son £40 and to Bravington £15; also that the costs of the prosecution for larceny, including the proceedings before the Magistrate, not exceeding £75, be paid by the prisoner. No costs on the prosecution for bigamy. It was stated that Miss Prosser had given up the jewellery which she had received from the prisoner.
BEFORE JUDGE LUMLEY SMITH.
(Monday, January 17.)
Mr. Tully-Christie prosecuted.
Inspector HENRY RUSSELL, K Division. On January 9, at 6.45 a.m., I was patrolling through Earlham Grove, Forest Gate, when I saw prisoner wheeling two bicycles towards London. I approached him and alighted from my own bicycle; he dropped the two machines and ran back towards Woodgrange Road. I blew my whistle and prisoner was caught by a constable and brought back to me. On the way to the police station prisoner said to me, "I was taking them to 'The Lane'; I know where they come from, but I am not going to say, as I do not wish to put anybody else away." He made no reply to the charge.
Police-constable WILLIAM CARVER, 42 K, proved arresting prisoner.
JOHN PERCY BONALLACH , 41, Woodgrange Road, identified the two bicycles as his property. He left them on his premises on January 8 and on the 9th found that his shed had been forced open and the bicycles removed.
Verdict, Guilty. Prisoner confessed to having been convicted at this Court of felony, on September 7, 1907, in the name of Gilbert Sawyer. A long list of previous convictions was proved.
Sentence, 12 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, January 18.)
JONES, William (36, fitter), and O'LEARY, Timothy (29, labourer) , both unlawfully entering the dwelling-house of Osmond Cooney and others with intent to steal therein, and feloniously and burglariously breaking out of the said dwelling-house; both maliciously wounding Aloysius Crowley with intent to do him some grievous bodily harm.
Mr. Forrest Fulton prosecuted. Mr. Burnie and Mr. St. John McDonald appeared for prisoners.
Both pleaded guilty of being accessory to the burglary; not guilty of wounding; the first plea was accepted by the prosecution.
Prisoners also confessed to having been previously convicted of felony. Jones at Clerkenwell Sessions on May 26, 1903; O'Leary at Thames Police Court on November 8, 1901.
Previous convictions proved. Jones: March 10, 1902, 12 months for stealing; May 26, 1903, at Clerkenwell Sessions, 21 months for warehouse breaking; January 10, 1907, Thames, three months for loitering; May 23, 1908, 12 months under the Prevention of Crimes Act; said to be an associate of thieves and to do no work. O'Leary: September 15, 1900, Thames, five weeks for stealing; April 29, 1901, Thames, three months for assault; November 8, 1901, three months for larceny. Said to have since been in honest employment.
Sentences, Jones, seven years' penal servitude; O'Leary, 18 months' hard labour.