Vol. CLII.] Part 905.
CENTRAL CRIMINAL COURT
HELD MARCH 8TH, 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, March 8th, 1910, and following days.
Before the Right Hon. Sir JOHN KNILL , Baronet, LORD MAYOR of the City of London; the Hon. Sir REGINALD MORE BRAY , one of the Justices of His Majesty's High Court; Sir G. F. FAUDEL-PHILLIPS, Bart., G. C. I. E.; Sir JAS. THOMSON RITCHIE , Bart.; Sir JOHN CHAS. BELL , Bart.; Sir GEORGE WYATT TRUSCOTT , Bart.; Sir FRANCIS STANHOPE HANSON , Knight; Sir WM. HY. DUNN , Knight; and EDWARD ERNEST COOPER , 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. FIFTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, March 8.)
Prisoner, who confessed to a previous conviction, had a bad record, commencing in 1888, and including one term of five years' penal servitude.
Sentence, Nine months' hard labour.
Sentence, Three months, hard labour.
Many previous convictions were proved, prisoner having spent 85 months in gaol for window breaking; he was stated to be of somewhat weak intellect.
Sentence was postponed till next Sessions, Mr. Scott-Prance, the court missionary, promising to look into the case.
Prisoner resided in the same house as her mother-in-law, who was in receipt of an old-age pension. After her mother-in-law's death prisoner filled up three authorities for the payment of the pension, concealing the fact of the death, and obtaining the three weekly Payments.
Several previous convictions were proved.
Sentence, Six months' hard labour.
HUNT, George Harry . Being an undischarged bankrupt, unlawfully obtaining credit to the extent of £20 and upwards from John Westwood Atkins without informing the said Atkins that he was an undischarged bankrupt.
Mr. Huntly Jenkins prosecuted; Mr. Frampton defended.
JOHN WESTWOOD ATKINS , boarding-house keeper, 24, Manchester Street, W. On July 2 defendant took rooms at my house. He gradually fell into arrears with his payments, and on December 13 when he left, owed me £43 0s. 3d. He was continually saying that he was expecting large sums of money, and that he was a wealthy man. On December 17 I first ascertained that he was an undischarged bankrupt; had I known that he was I should not have given him credit.
Cross-examined. I rendered defendant monthly accounts. On October 2 the amount owing was £13 17s. 4d.; on November 3 it was £26 19s. 9d.; on November 8 it was £14 9s. 0d. On November 18 Sir Robert Peel promised to be responsible up to £30. In the sworn information upon which I obtained a warrant for defendant's arrest I said nothing about Sir Robert Peel's guarantee. At the hearing of the summons the magistrate said that he declined to have his court turned into a debt-collecting agency, and that had he known about Sir Robert Peel's guarantee he would not have granted the warrant. The summons was dismissed, and I applied to be bound over under the Vexatious Indictments Act to prefer a Bill at this court.
Verdict, Not guilty, the jury adding, "We are satisfied that the prosecution has not proved that the debt was over £20 on any one day."
The Recorder ordered that the prosecutor pay the whole of the costs.
WARREN, Joseph Vernon (22, clerk) pleaded guilty , of feloniously obtaining and demanding £1 and £1 respectively by virtue of two several forged instruments, to wit, two forged Post Office Savings Bank books, knowing the same to be forged, in each case with intent to defraud.
There were 60 similar cases against prisoner. His method was to open an account at a post office with a small amount, and thus obtain a genuine bank-book. Then he would forge entries and date stamps to make the deposits appear to amount to more than £1, and at some other office would withdraw £1 on demand. He had obtained by these means about £53 from the Post Office, and the department had had to go to the trouble of printing and circulating a special warning with regard to him.
Sentence, Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, March 8.)
Mr. B. Wilkinson prosecuted.
Sergeant DAVID GOODWILLIE, Criminal Investigation Department. On February 15, at 5.15 p. m., I went with two other officers to 47, High Street, Bow. I found the door of the first floor front room locked, and hearing persons moving inside, I said if they did not open it I would burst the door open, I then burst the door, entered and found both prisoners standing by the window, of which the bottom sash was lifted right up. I told them I was a police officer, and had reason to believe that they were making counterfeit coin there. King said, "You will find nothing here. "I then directed Detective Nicholls to make a search in the backyard. I searched King and found in his pocket counterfeit florin produced. He said, "I did not know it was a bad one. I gave it to a doctor to test it." I had not then stated that it was a bad one. The room was then being searched by Detective Pearce. He found under some coal in a cupboard seven counterfeit half-crowns produced. Nicholls then returned to the room and handed me six moulds (produced), (our of which are complete—a mould for a half-crown (the object of the charge), one for a florin, one for a sixpence, one for a shilling, and one a double mould for making both a shilling and sixpence, which is broken. Pearce then handed me the seven counterfeit florins, and King said, "That will be hard for me to explain" (referring to the florins) "it would not matter about the moulds." In King's coat-pocket I found cyanide of potassium, and in the room a file, a metal pot, a packet of sand, a quantity of antimony, a pocket-knife, a quantity of plaster of Paris, a piece of copper wire, and some bluestone (sulphate of copper) (produced). I took prisoners to Bow Police Station. When charged King said, "Make sure it is a bad one," referring to the florin. Davis said nothing in reply to the charge.
Detective THOMAS NICHOLLS, Criminal Investigation Department. On February 15 I went with Goodwillie and Pearce to 47, High Street, Bow, and went down into the backyard to make a search. In the garden adjoining No. 47 I found the six moulds produced, some of which were still warm, in a spot opposite the window of the prisoner's room. I returned to the room and handed them to Goodwillie. Davis said, "I wish I had never seen him," referring to King.
Cross-examined. The spot where I found the moulds was about eight or nine yards from the prisoner's window.
Re-examined. It would be quite possible to throw the moulds from prisoner's window to where I found them.
Detective ALFRED PEARCE, Criminal Investigation Department.
On February 15 I accompanied the last two witnesses, searched the room, and found the seven half-crowns and other articles produced.
Four of the half-crowns are dated "1896," three are dated "1906." When I found the coins King said, "That will be hard for me to explain; it would not matter about the moulds."
GEORGE STROUDSLEY , 51, High Street, Bromley. I am caretaker of 47, High Street, Bow, which is a lodging-house, in which on February 8 I let to the prisoners the first floor back room. They were living together. On February 17, after the arrest, I searched the room. Under the fire-grate I found three moulds. In the backyard, behind the dust pail, I found white metal produced. I handed them to Sergeant Goodwillie at Bow Police Station.
Cross-examined. Three persons used the yard besides the prisoners.
Station-sergeant HENRY BATES, 76 K Division. I took charge of three moulds and white metal produced by Stroudsley.
Detective ALFRED PEARCE, recalled. The last witness handed me the three moulds and white metal produced.
Cross-examined. The three moulds consist of the top and bottom pieces of a double mould for making both a shilling and sixpence, and half a mould for a florin.
WILLIAM JOHN WEBSTER , Inspector of Coins, H. M. Mint. The seven half-crowns produced are counterfeit from two different moulds; three dated 1896 have come from moulds produced; four are dated The others are all coining moulds. The cyanide of potassium, antimony, plaster of Paris, and bluestone are used by coiners; the bluestone is used for an electroplating copper solution; it is not used for silvering coins. The white metal is grain tin, which is used with antimony. The coins are fair specimens; they are all finished ready for passing.
Cross-examined. The coins are completed; they are silvered over. Cyanide of potassium will not silver by itself; it does not require a battery to-complete coins.
JOHN KING (prisoner, not on oath). On February 15, at about two o'clock, I was with a man who asked me to mind these things for him till seven in the evening. I took the parcel in the room and opened it; when I saw it contained broken moulds I knew very well it was a catch, and threw them into the garden next door. I did not throw them from the window. I could not do so. I went downstairs and threw them over the wall. This was a give-away job; the man had already given information at Scotland Yard about me; this man had worked it up for me for the simple reason that if I could have traced where he lived I would have put the police on to him. The woman knows nothing at all about it.
Verdict (King), Guilty; (Davis), guilty in a lesser degree.
King pleaded guilty of being a habitual criminal.
Convictions proved against King: April 23, 1868, Worship Street, one month for stealing; February 28, 1870, Middlesex Sessions, 18 months, attempted house-breaking; June 10, 1872, at this court, two years, hard labour and one year police supervision for possessing counterfeit coin; September 21, 1874, five years' penal servitude and two years, police supervision; March 4, 1879, seven years, penal
servitude, making counterfeit coin; November 3, 1885, Hammersmith, three months' hard labour and license revoked, possessing house-breaking implements; July 25, 1887, at this court, ten years' penal servitude, house-breaking; April 27, 1895, 18 months and license revoked for attempted house-breaking; May 8, 1899, at this court, seven years' penal servitude, possessing counterfeit coin; January 9, 1905, at this court, five years, penal servitude and license revoked, possessing counterfeit coin. Prisoner was liberated on February 5, 1910, ten days before his present arrest.
Sentence, King, Six years' penal servitude (the Judge stating that he was too old to be treated as a habitual criminal); Davis, Four months, hard labour.
ERNEST ROSS PLEASANCE . I keep tobacconist's and confectioner's shops, which communicate, at 8 and 9, Bedford Road, Alexandra Park. On February 27, between six and 6.30 p.m., prisoner came into No. 8 and asked for a packet of Player's Weight cigarettes, one penny, which I served him with, and he handed me a florin. I gave him change, 1s., 6d., and five pennies, and he left. Two minutes afterwards he came into No. 9 and asked for a pennyworth of iced-cokernut caramel, which I served him; he handed me another florin. I asked him if he had not anything smaller, knowing I had just given him change in the other shop. He said he had only two-shilling pieces and half-crowns. That raising my suspicions I ran to the other shop, took the florin from the till, and saw it was bad. I sent my brother for the police. Another man came and knocked at the door, beckoned. to the prisoner, and they both ran off. I followed them for about thirty yards, when I told the prisoner that he had already done me for one two-shilling piece, and that he had given me another bad one. He denied that he had been in the tobacconist's shop at all; the other man said he had nothing to do with him. I held on to the prisoner, and with the assistance of a friend got him back to the shop. A constable came, and I gave him into custody.
Cross-examined. I did not say before the magistrate I was not quite sure that he was the man who came into the tobacconist shop. 'I said I had had a lot of trouble, and that was why I did not notice the two-shilling piece in the first place. (To the Judge.) I put the first two-shilling piece into the bowl, which had only one other florin. I am sure it is the same. I recognised it as a King Edward coin, the other being a Victoria florin.
Police-constable THOMAS THOROUGHGOOD, 200 Y, stationed at Wood Green. On February 17, at 6.20 p.m., I was at Buckingham Road, Wood Green. I heard a whistle, and went into Bedford Road, where I saw prisoner detained by prosecutor in the shop No. 9. Prosecutor said, "This man came into my shop next door, asked for a penny packet of cigarettes, and tendered a bad two-shilling piece. I took it, gave him 1s. 11d. change, and he left the shop. He came into my other shop next door, asked for a pennyworth of cokernut caramel
and gave me another bad two-shilling piece. I asked him if he had no smaller change, knowing I had already given him 1s. 11d. in change a few moments ago, but he said he had only two-shilling pieces and half-crowns. "Prisoner made no reply. I took him into custody, searched him, and found two two-shilling pieces and one half-crown good money upon him. I took him to Wood Green Police Station, where he was charged, and made no reply. The coins are those produced, which I marked.
Detective-sergeant FRANCIS HILL, stationed at Wood Green. On February 17 I saw prisoner brought in, and said to him, "You will be charged with uttering both these coins," and I showed him the two bad florins produced. He said, "I did not go into the tobacconist's. I expect the other chap did. I admit going into the sweet shop and giving prosecutor one of these coins. I have had it about two weeks. This is the first time I have tried to get rid of it. I did not know the other chap who was was outside. "When charged he made no reply. The good money found upon him was handed me by the last witness. I also found on him two seidlitz powders, purchased from two shops in different districts—they are quite clean—and a new handkerchief, quite clean.
Prisoner's statement before the magistrate: I came out of Pentonville on February 20. I got two shillings for the three months. I saw Mr. Wheatley about a fortnight before I came out, and told him if I could not get work I was going to sea. I sold papers for a week and earned five or six shillings, and then started selling jewellery, buying rings at 3s. a dozen and selling them at 6d. each. Every night the money I used to get I used to change for big silver in the "Unicorn" public-house, Hoxton, and I bought some clothes last Wednesday week. I had then 10s. 5d., which included 5s. worth of coppers, and changed it at the "Unicorn. "They gave me three two-shilling pieces" a half-crown, a sixpence, and a shilling. On the Thursday there being nothing doing I went to the Alexandra Palace. I got up there about a quarter past twelve. In the afternoon, about a quarter to three, I was standing round the lake; a young fellow asked me if I would have a boat out with him. I did. I had nobody else to go with. I kept company with him till about five o'clock, when I lost him. I came out of the Palace at about ten minutes to six. As I was going from the gates I heard some one whistle. I turned round, and did not know it was the young fellow I had been with in the afternoon. I went straight into the prosecutor's shop and bought a pennyworth of ice-cream caramels. As I was waiting for change I saw a horse with a cab running away. Just then the fellow tapped at the window. I said, "What do you want?" He said, "There is a horse and cab run away, gone up the road, let us see if it does any damage. "I said, "What about my change?" He said, "We can get that in a minute. "As we were running up the road a little way the shop-keeper came running after me. This fellow said, "Let me alone; he has nothing to do with me. "The shop-keeper said, "Give me my
change, 1s. 11d., and you can go. "I said, "I have got no change," so he took me back to the shop, blew his whistle, and called a constable. I produced the two two-shilling pieces and the half-crown, what I had in change in the "Unicorn" public-house, with the bad two-shilling piece, which I did not know was bad. On searching me they found no cigarettes and no change.
HARRY GOLDSWORTHY (prisoner, not on oath). I have been in prison close on three weeks now, practically for nothing. I have been going straight since I came out of Wormwood Scrubbs. I only got three months as a suspected person. Just before I got arrested for this affair I picked up a purse on Tuesday night with two seidlitz powders, a penny, a pocket handkerchief, and 7 1/2 d., which I gave to a friend named Mrs. Hookham. On the following Thursday I went up to Alexandra Palace, and met this fellow up there. I went straight to the shop, called for a pennyworth of caramels, and gave the coin which happened to be the first piece of money I had in my hand. It turned out to be a bad coin. I expect some one went into the shop just before me, and he identified me as the other fellow. I did not go into the tobacconist's shop; that is the truth.
Verdict, Not guilty.
ROBINSON, Frederick (38, labourer) pleaded guilty , of attempting to obtain by false pretences from Sidney Lidstone Riskey, divers of his moneys, with intent to defraud; obtaining by false pretences from John Albert Day 2s. 6d., the moneys of Joseph Thorley, Limited; from William Orlando Jones 5s., the moneys of the Camden Steam Laundry Company, Limited; from Henry Malins Fisher 5s.,. the moneys of Salmon and Gluckstein, Limited, and from Frank Bolton 2s. 6d., the moneys of Frederick Adolph Konig and another, in each case with intent to defraud.
Mr. Hugh Watt prosecuted.
Prisoner was stated to have obtained a large number of subscriptions from charitable people for pretended funds to assist relatives of persons lost in shipwrecks, colliery disasters, etc. Up to February, 1909, he had borne a very good character; he had received two medals from the Royal Humane Society for saving life on the occasion of the Blackwall disaster in 1898, and of another collision in the Thames. On September 29, 1909, he received three months' hard labour for attempting to obtain alms by false pretences.
Sentence, 18 months' imprisonment, second division.
BEFORE THE RECORDER.
(Wednesday, March 9.)
MARTIN, Carew (52, secretary) pleaded guilty , of unlawfully and wilfully making certain false entries in the books of the Royal Society of British Architects , also of embezzling certain sums and bankers' cheques belonging to the said society and feloniously forging and uttering an endorsement to a bill of exchange drawn by Charles Horsley for the sum of £4, with intent to defraud.
Mr. Herbert Jacobs prosecuted; Mr. Barrington Ward appeared for prisoner.
Sentence, Nine months' imprisonment, second division.
BROWN, John (37, ticket writer) pleaded guilty , of forging and uttering, knowing the same to be forged, a request for the delivery of two cameras and one lens, with intent to defraud; obtaining by false pretences from George Home, two cameras and one lens, with intent to defraud; in the County of London, feloniously altering and uttering, knowing the same to be altered, two several orders for the payment of money, to wit, Post Office money orders for the payment of £10 and £15 respectively, in each case with intent to defraud; in the County of London, obtaining by false pretences from Kodak, Limited, three cameras and one tripod, with intent to defraud.
Several previous convictions were proved.
Sentence, 18 months, hard labour.
Mr. Sidney Clarke prosecuted; Mr. Barrington Ward appeared for prisoner.
Judgment was postponed to next Sessions.
Mr. Forster Boulton prosecuted; Mr. G. St. J. McDonald defended.
BLANCHE EDITH KNOWLES , assistant clerk at the Sub-Post Office, 540, Commercial Road. On December 7 prisoner came into the office about five minutes past ten in the morning while I was engaged going through the stock and postal-orders at the counter. Shortly afterwards two other men came in, one of whom bought a postal-order for 5s. I had to leave the counter for a moment, and directly I returned the prisoner and two other men left, but the prisoner returned and bought a postcard. After he had gone I missed 71 of the postal-orders from the counter, amounting in value to over £31. The orders were unstamped and unsigned. The postal-order produced for 8s. is one of the orders with which I was dealing. The stamp "Shadwell" upon it is a forgery.
Cross-examined. I gave information to the police, and gave a description of the men, and afterwards identified prisoner at Shadwell Police Station as one of the men who came into the office that morning.
articles at my shop of the value of 2s., and tendered in payment the postal-order for 8s. produced. I gave him 6s. change. I next saw him on January 18 last at Shad well Police Station, and picked him out from a number of other men. I am quite sure he is the man.
CECILIA SARAH MONTFORD , post-mistress at the Cable Street Post Office. The stamp on the postal-order produced for 8s. is not the stamp of my office. The initials, "G. E.," purporting to be those of the issuing officer, are unknown to me.
Sergeant FREDERICK GOODEY, H Division. I arrested the prisoner at half-past eight on the morning of January 18 at his lodgings 23, Cologne Street, Stepney, and said to him, "I am going to take you into custody for being concerned with three other men in stealing 71 postal-orders. "He said, "I did not steal them; is it identification?" I said "Yes." After a time he said, "Have you got the others, or am I the only one?" I made no answer, but took him to Shadwell Police Station, where that evening he was placed with other men and identified by witness Saville. He refused to allow himself to be put up for identification afterwards by witness Anderson.
Police-constable GEORGE DAY, H Division. I was present when prisoner was identified by witnesses Knowles and Saville, and shortly afterwards he said to me, "Your guv'nor has got me; why don't you get Lane and the other man; you know where they live? If you only knew what I know—but, there, I don't want to tell you anything; you will find it all out."
Police-constable EDWARD SEARLE, H Division. When in charge of prisoner at Shadwell Police Station he said to me, "I am supposed to be here for stealing some postal-orders with a man of the name of Lane, and Laddow and Scottie. How long will your people keep me here? They know where Lane lives, and they could get him if they wanted him. If you only knew what I know—there, you will have to find that out."
WILLIAM ARMSTRONG . I live at 105, Ernest Street, Stepney, and carry on the business of a carman and greengrocer. I know prisoner in the name of Stanley. He worked for me from about the middle of last November to the end of the year. On December 7 he was working for me in Spitalfields Market from seven o'clock till eleven o'clock in the morning; on December 11 he was working for me till 2.30 in the afternoon.
In cross-examination witness admitted that he had been several times convicted under various aliases for felony, robbery with violence and drunkenness.
(Tuesday, March 10.)
postal-orders were stolen I was working for witness Armstrong from 7 a.m. till 2.30 p.m. I was not in the post-office, and know nothing about the postal-orders. On the night of the 11th I was at a public-house called the "Wentworth Arms," in the Mile End Road, with several people, and did not change the postal-order at Saville's shop. It is a case of mistaken identity.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 9.)
BLANCHE, Patrick, otherwise John Devine, otherwise Twine (32, labourer) pleaded guilty , of breaking and entering the shop of George Keith and Company, Limited, and stealing therein two boots, their goods.
Convictions proved: June 10, 1909, at Derby, three months' hard labour for stealing a box and a child's coat and cap; at Manchester, January 4, 1909, one month for stealing an overcoat; February 5, 1909, one month for frequenting; March 6, 1909, three months, for stealing a box of straw plait, stated to have been in a starving condition when arrested on this charge.
Prisoner was put back to Friday, March 11, when Mr. Walter Spencer, of the Church Army, having undertaken to find him work, he was bound over in £10, Mr. Spencer undertaking to report to the court on April 26.
Mr. R. Wilkinson prosecuted.
ISRAEL POLSKY , 57, Mount Street, Bethnal Green, grocer. On February 10, 1910, between 2 and 4 p.m., prisoner came into my shop, asked for a packet of Woodbine cigarettes, Id., tendered a florin, received 1s. 11d. change, and left. I then found that the coin was bad. On the next day, February 11, at about the same time, he came again, asked for a packet of Woodbines, and tendered a bad half-crown. I said, "Yesterday you gave me a bad 2s. piece, and this half-crown is bad. I am going to send for a policeman. A week before you gave me two bad half-crowns. "Those were the two coins produced which I received from the prisoner on February 4 and 6, and which I had handed to the police. Prisoner said, "If you say this half-crown is bad I suppose it is bad. I do not know about the others. I got that in the City." A constable was called, and I gave prisoner into custody. I have known prisoner for three or four weeks as a customer for Woodbines; he always paid with a 2s. piece or half-crown. (To the Judge.) The half-crown I received on February 4 was given to
Lyons, tea man, who stated it was bad. I then recollected receiving it from prisoner, and that I thought it light, but as it rang well I thought it a good one and accepted it. An hour after serving the prisoner I found a bad half-crown among my silver, of which I had about £2. On February 6 prisoner paid me a half-crown, and I found it to be bad five minutes after he left.
Cross-examined. I did not charge prisoner on February 6 as I was not certain he had passed the bad one on the 4th, and I know it is a very serious thing to charge a man with passing bad money. He also came with a different suit on, and I was not sure he was the man. On February 10 I sounded the florin and thought it was good.
Detective HENRY RUTTER, H Division. On February 6 prosecutor handed me two bad half-crowns (produced), which I marked "H. R."
Police-constable EDWARD BATLEY, 241 H. On February 11 I was called to prosecutor's shop and saw the prisoner. Prosecutor said, "This man came into my shop for a packet of cigarettes; he gave me half-a-crown, and I say it is a bad one. He came to my shop Yesterday for a packet of cigarettes, and gave me a 2s. piece. After he was gone I looked at the 2s. piece and discovered it was a bad one." Prisoner said, "A traveler asked me to carry a parcel in the City, and gave me half-a-crown; I did not know it was a bad one." With regard to the 2s. piece passed on the previous day he said, "I know nothing at all about that. "Prosecutor handed me the two coins produced, which I marked. At the station prosecutor said, "Prisoner came to me last Sunday, had a packet of cigarettes, and after he was gone I discovered I had a bad half-crown. He came to me again on the Friday, and after he had gone I discovered another bad half-crown, and I suspected prisoner of passing it." Prisoner said nothing to that. He was then charged with passing the two coins on February 10 and 11; he made no reply to that charge.
WILLIAM JOHN WEBSTER , Inspector of Coins, H. M. Mint. The two florins produced are dated 1878; they are both counterfeit, and from the same mould; the third florin is from a different mould; that and the half-crown produced are counterfeit. All the coins are about the average make.
ALFRED WILSON (prisoner, on oath.) On February 11, at about 10.30 a.m., I went to the City to get some newspapers. I was outside Liverpool Street Station when a gentleman asked me to carry a parcel, and directed me to take it to Moorgate Street Station, where he left me. I waited half an hour, and then took it to Fenchurch Street Station for him, where he left me in charge of it for half or three-quarters of an hour. He returned, took the parcel, and said, "Here is a bit of silver for you," and gave me a half-crown. Walking past prosecutor's shop I called in for a packet of Woodbines. I had only a halfpenny and this half-crown, and I put the half-crown down, when prosecutor had me arrested.
Cross-examined. I had no money to start buying papers, and was excited at getting a job. The parcel was like a traveller's bag, with a handle. The gentleman was a perfect stranger to me; he left me in charge of the parcel both at Moorgate Street and Liverpool Street Stations. He did not tell me what was in the parcel. I had a halfpenny; I was going to borrow another halfpenny, get three papers for the penny, sell them, and buy more. I had never been in prosecutor's shop before February 11.
Convictions proved: August 12, 1903, at North London Sessions, bound over for indecent assault; on May 21, 1909, prisoner was charged with larceny, but discharged; stated to be an associate of convicted thieves.
Sentence, 12 months' hard labour.
Mr. Pickersgill, M. P., prosecuted.
MAUDE HERBERT , 48, Neptune Street, Rotherhithe, wife of John Herbert, general-shop keeper. On January 27, at about 8 p.m., prisoner asked me to change half a sovereign, putting on the counter coin produced, with the Queen's head upwards. I counted the change on to the counter and prisoner took it up. Taking up his coin I said, "Wait a minute," as on turning it over I thought it looked strange. Prisoner had disappeared. I ran to the door and saw him running off. I gave the coin to my husband; it is a gilded Jubilee sixpence. A fortnight afterwards I picked prisoner out in the Marylebone Police Courtyard from a number of men.
Cross-examined. The man had a pale face and straight eyes; he wore a short jacket. I identify him by his face. I gave evidence on February 10. Detective Gale was present when I identified him. I saw Mrs. Hutton that day before I identified him. I walked round the men and I afterwards had another look to make sure. Prisoner looked me in the face, and I said, "You are the man." I did not shake my head; an officer did not tell me to have another look. I have no doubt he is the man, but I was not quite certain of him until he looked at me.
JOHN HERBERT , 48, Neptune Street, Rotherhithe, general dealer. On January 27 my wife made a communication to me, and handed me a gilded sixpence (produced), which I gave to Detective-sergeant Gale at Rotherhithe Police Station, who marked it.
Detective-sergeant THOMAS GALE, Metropolitan Police. On January 28 I received a gilded sixpence (produced) from prosecutor.
ELIZA HUTTON , 30, Warden Road, Kentish Town, wife of Arthur Hutton, general-shop keeper. On February 4, at about 6.15 p.m., prisoner asked if I could change half a sovereign. I put the silver on the counter, when prisoner put coin (produced) into my hand, head uppermost. I turned it over and found it was not genuine. Prisoner had left. I called to my husband, and ran up the road about fifty yards, when I saw prisoner with another man. I knew him by a
light green cap and a brown muffler which he wore. I caught hold of him, and said, "I want you about the half-sovereign I have just changed for you. "He said, "Me?" I said, "Yes, you." He said, "You have made a mistake." I said, "Oh, no, I have not. What is he walking away for?" referring to the other man, who had gone off. Prisoner said, "He is a stranger to me. He came across the road end asked me if I could give him a penny for a night's lodging." I said, "You come down to the shop with me He pulled himself away from me, and was going off. I said, "I shall follow you." I caught hold of him again, and said, "Come down to the shop with me. "He said, "I tell you, woman, you have made a mistake." I said, "You are the man I changed the half-sovereign for. "He said, "Who is there?" I said, "The young girl who was in the shop when you came in. "He said, "Will she know?" I said, "Yes." He walked down in front of me to the shop, and I said to the young girl (Dunagan), "Do you think this is the man that I changed the half-sovereign for?" She said, "It looks like the man to me." The constable then came. My husband explained the matter, and the policeman asked me if I was sure this was the man. I said, "I am quite sure." I gave the coin to the constable, and we went to the station.
Cross-examined. I recognised prisoner by the light cap and the brown muffler which is the one now produced by prisoner, and I recognised his face; he is the man. He did not say, "I will go back to the shop with pleasure; is there any one else in the shop that would recognise me?" Prisoner swung me round in trying to get away from me. When in the shop he had an overcoat on. He had no overcoat on when he came back into the shop. Dunagan did not say prisoner was not the man; the man who came in had an overcoat on. It was about two or three minutes after he had left the shop that I got up to him. Prisoner asked to be searched outside the shop. He was searched at the station; no silver was found on him. The constable refused to search him in the shop because there was a crowd there.
Cross-examined. I failed to identify prisoner at Marylebone Police Station. I did not say at the shop, "The man that came in had an overcoat on." I do not know whether he had or not.
Police-constable THOMAS LLOYD, 600 Y. On February 4 I was called to prosecutor's shop and found there the prisoner, Mr. and Mrs. Hutton, and Dunagan. Mrs. Hutton said prisoner came into her shop, asked for change for half-a-sovereign, that she had given it him, and that after he left she found it was bad; that she had gone after the prisoner and brought him back to the shop. I said to her, "Are you sure this is the man?" She said, "Yes, I am sure." I told prisoner I should take him into custody. He said, "I know the law; I want to be searched. "I did not search him at the time as there was a large crowd of people in the shop. He was searched at the station, when a sovereign in gold and no silver was found on him. In answer to the charge he said, "It is a case of mistaken identity."
THOMAS ANSELL (prisoner, on oath). On February 4 I was walking up Warden Street when an elderly man came across and asked me for a penny towards a night's lodging. I said I had not a copper on me. He continued to walk with me asking for the copper, when Mrs. Hutton came and accused me of changing a bad half-sovereign. I said, "My good woman, you have made a mistake. "She said, "No, I have not; come back to the shop. "The other man walked away. I returned to the shop and protested my innocence before Mr. and Mrs. Hutton and the girl (Dunagan). Mrs. Hutton said to the girl, "I think it is him, do not you?" The girl never answered. I protested my innocence for five minutes. Hutton told me to clear off. I said, "No, if you are not satisfied send for a constable and I will be searched," which he did, and I was given in charge, taken to the station, and the money found on me was a golden sovereign and no silver. On January 27 I was at a boxing competition from 7.45 till 11.30 p.m., and was not in Herbert's shop.
Cross-examined. I deny Mrs. Herbert's evidence. I was at a boxing competition in the King Hall, London Road, from 7.45 till 11.30 p.m., when I went home to my lodging at 1, Churchyard Road, Newington Butts. I had been at home all day. I deny that I changed the half-sovereign with Mrs. Hutton. She caught hold of my sleeve, and I freed my arm; I did not swing her round. I suggested a constable being called. I was anxious to be searched because I was innocent. I do not remember saying, "I know the law"—I cannot deny it.
Addressing the Jury: Mrs. Hutton admits that the man who passed the half-sovereign had an overcoat on, and when she accused me two or three minutes afterwards I had none. The girl failed to recognise me. I am a dealer, and was working for my living at the time. With regard to Mrs. Herbert's identification I want to point out the unfair way in which I was treated. She had been in conversation with the other prosecutrix previous to picking me out. The constable that brought her from Rotherhithe was Detective Morris; he saw me placed among the other men and fetched Mrs. Herbert in. The officer who stands here said to him, "Do not you go out; I w to be fair towards this man; let another officer go out," but Morris brought Mrs. Herbert in. She walked round, had a good look, and could not recognise me. The sergeant said, "Have another walk round," and then, of course, she picked me out.
Convictions proved: June 29, 1906, Lambeth, three months' hard labour for larceny; May 14, 1907, Greenwich, two months' hard labour for stealing clothes; Sept. 18, 1907, South London Sessions, 12 months for warehouse breaking; August 10, 1906, Lambeth, three
months, stealing a bag; November 28, 1908, Lambeth, three months' for assaulting the police; April 6, 1909, Thames, nine months, for larceny.
Sentence, 18 months, hard labour.
JEFFREY, George (30, salesman) pleaded guilty , of attempting to obtain by false pretences from John James Curtis £11 5s. 6d., with intent to defraud; forging and uttering, knowing the same to be forged, a certain endorsement on an order for the payment of money, to wit, a banker's cheque for £1 8s., with intent to defraud.
Mr. Moore prosecuted.
Sentence (for attempting to obtain), Six months' imprisonment; , (for the forgery) Six months, hard labour; to run concurrently.
GOODWAY, George (60, labourer) pleaded guilty , of stealing one case containing 18 dozen razor strops, the goods of the Anglo-American Trading Company, Limited ; he also confessed to having been convicted of felony at Chelmsford Quarter Sessions on July 13, 1898, in the name of Samuel Carr.
Prisoner pleaded Not guilty of being a habitual criminal.
Detective ARTHUR THORP, City. I served the notice (produced) of this charge on prisoner on February 25. Thirty-five years ago prisoner was convicted at Surrey Sessions. The notice charges three previous convictions in 1885, 1895, and 1908. When I served the notice prisoner said he had been working for Mr. Dixon in the Borough, whose address he gave me. I have seen Dixon. He states he has no knowledge of prisoner and, being an invalid, he cannot attend. Prisoner also stated he had lived at 9, Stower Street, Bow—that is occupied by Boardman's piano factory. He has not reported to the police since he was released on ticket-of-leave on October last. During the last 35 years the longest period he has been out of prison is four years. So far as I can learn he has done no honest work since he has been last released.
FREDRICK COOK , principal warder at Brixton Prison. I have known prisoner for some years. On December 9, 1895, I was present at this court when he was sentenced to 18 months, hard labour for stealing a horse, van, and goods, value £160, in the name of George Russell. On June 28, 1875, he had 12 months' hard labour for stealing a purse of money at the Surrey Sessions in the name of Frederick Cook; on April 3, 1877, he was sentenced to seven years, penal servitude at Surrey Sessions for possession of house breaking implements in the name of Frederick Putnam; on December 24, 1884, four months' hard labour at the Mansion House for stealing cotton in the name of Henry Johnson.
Police-constable JOHN JONES. I was present at this Court on June 22,1885, when prisoner was sentenced to six years, penal servitude to the name of George Wood. At that time he had been with other men, who hired a cart and drove behind vans abstracting parcels and getting away.
Police-constable EDWARD KILMER, Essex Constabulary. I was present at Chelmsford on July 13, 1898, when prisoner was convicted of receiving horses and horse stealing and sentenced to 14 years' penal servitude on each indictment, to run concurrently.
Prisoner stated that on his release he had joined the Church Army, but they could find no employment for him; they had given him 10s, with which he had bought goods and endeavoured to gain a living by hawking.
Sentence (for the larceny), Three years' penal servitude; no sentence was passed on the other conviction, the Common Serjeant stating that prisoner was too old to be treated as a habitual criminal.
ALLEN, John (the elder), ALLEN, John (the younger), and BARNATO, Ezechiel , all conspiring and agreeing together to obtain by false pretences from such of the liege subjects of our Lord the King as should be induced to buy handkerchiefs from them or from the Irish Linen Company of 235, High Holborn, divers sums of money, with intent to defraud; all, in the county of Essex, obtaining by false pretences from Gisella Youngson, 2s. 6d., and in the county of London obtaining from Ethelred Loyal Palmer 2s. 11d., in each case with intent to defraud; all attempting to obtain by false pretences from Francis David Doyle 1s., from Herbert Edward Heath 2s. 6d., from Edith M. Whyte and Robert Algernon Whyte 2s. 6d, from Madge Malony 2s. 6d., and from Robert Algernon Whyte 9s. 8d., in each case with intent to defraud; all applying to certain cotton handkerchiefs a certain false trade description indicating that the said goods were composed of Irish linen, that is to say, at West Ham in the county of Essex, to certain cotton handkerchiefs sold to Gisella Youngson, in the county of London to certain cotton handkerchiefs sold to Herbert Edward Heath, Ethelred Loyal Palmer and Madge Malony; all selling, exposing for sale, and having in their possession for sale certain goods, to wit, cotton handkerchiefs hereinbefore referred to, to which the aforesaid false trade descriptions had been applied; all conspiring and agreeing together to apply to certain goods, to wit, to certain cotton handkerchiefs a certain false trade description, to wit, a description indicating that the said goods were composed of Irish linen.
The prisoners pleaded guilty of conspiring on the first count, which plea was accepted by the prosecution.
Mr. Muir prosecuted.; Mr. Huntly Jenkins appeared for the prisoners.
It was stated that the elder Allen, the father of Allen the younger, had taken a minor part and had been to a great extent a servant in the business; Barnato was stated to be in very delicate health and to have acted merely as a servant.
Sentence, John Allen the younger, Three months' imprisonment; John Allen the elder, One month's imprisonment; Barnato was released on his own recognisances in £20 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, March 9.)
HOUGHTON, William George, and PARRISH, Florence, who pleaded guilty at last Sessions, the former of unlawfully possessing counterfeit coins with intent to utter the same, and uttering counterfeit coin twice on the same day; the latter of uttering counterfeit coin (see page 499), were brought up for sentence.
Sentences: Houghton, Nine months, hard labour; Parrish was released on her own recognisances in £10 to come up for judgment if called upon.
DAVIS, Charles Henry (31, fireman) pleaded guilty , of carnally knowing Elizabeth Kingsnorth, a girl above the age of 13 years and under the age of 16 years, to wit, of the age of 15 years; maliciously wounding Margaret Tobin .
Sentence, Six months, hard labour.
Mr. Bodkin prosecuted; Mr. Huntly Jenkins defended.
CHARLES LOTT , 17, Weston Street, Stratford. On January; 2, about 2.30 to 3 a.m. last, I had set down a fare at Archway Road, and then picked up Mrs. Holmes, who told me to drive to "The Angel." To get there I had to go up Holloway Road and turn off into Liverpool Road. When I got near the junction of Liverpool and Holloway Roads I went to turn into Liverpool Road. There is a refuge at that junction. I was on the near side. I should not be going more than four or five miles an hour turning the corner. Where I got in front of the obelisk and about to turn the defendants' taxi-cab came from Liverpool Road, escaped the refuge, and ran into my off-wheel, smashing the cab up and throwing me into the road. There was no hooter blown. When I first saw the taxi-cab it was eight or ten yards away. The body of my cab was knocked off the axle. I got up on one leg and fell, then I was drawn by the knees to the side of the road. My ankle-bone was broken. Mrs. Holmes and I were taken to the Great Northern Hospital. The taxi came at a, very rapid pace.
Cross-examined. When I first saw the taxi it was eight or ten yards off. No hooter was blown My cab was hit on the rim of the wheel. My cab was then six or seven feet from the front of the obelisk nearest Holloway Road. The taxi went to the near side of the obelisk. I could not get out of Holloway Road into Liverpool Road without crossing the middle of the road. The distance from the off-side of my cab to the point of the refuge would be six or seven feet.
Sergeant HORACE MORTIMER (Y Division) proved a plan, showing. the measurements of the roads.
Angel. "When we got near Liverpool Road I heard my cabman shouting. I looked out of the window and saw the taxi coming along from Liverpool Road. The next thing was it was into us. I do not remember any more after that. I heard no horn or hooter blown. The taxi seemed to be going a tremendous speed. The next thing I remember is I was half hanging out of the cab, and blood was pouring down my face. The cab was all smashed. I was taken to the hospital with Lott, and later the same day I was taken home. There was plenty of room for the taxi to have got into Holloway Road without running into our cab.
Cross-examined. When I first saw the taxi it was just about the end of Liverpool Road. It was then five or six yards or more away. Our cab was then in the middle of Holloway Road. The horse's head was nearly level with the refuge. I do not think it was quite up to it.
FREDERICK DUKE , 32, Elthorpe Road, Drayton Park, coffee stall-keeper. My coffee stall is at the corner of Palmer's Place and Liver-pool Road. In the early morning of January 2 I was standing at my stall and noticed the taxi-cab passing. My assistant also noticed it. My attention was drawn to the speed at which it was travelling. I should say it was about 30 miles an hour. I have never seen a taxi-cab going so fast—After watching it a little while I heard a crash. The road was very quiet at the time. I heard no hooter. I sent my man first of all and then I went down to see what was the matter myself.
Cross-examined. I should say the distance I saw the taxi travel was about 70 yards. I only had a casual glance at it, it went past so quick. I could not tell you how long it took to cover the 70 yards, perhaps three or four seconds. There was no other traffic about. I was behind the counter of my stall. I could see about 70 yards. That is a pure guess.
HENRY JAMES TIBBS , 39, St. Clement's Street, Barnsbury, assistant to last witness. I remember seeing the taxi-cab go by in the direction, of Holloway Road. Its speed was very excessive. About a second after it had passed I Heard a crash. I went to see what had caused the sound and found there had been a smash up between a taxi and a hansom.
Cross-examined. I was standing at the door of the coffee stall. I observed the taxi for a distance of between 70 and 80 yards. It went by so quick I could not in any way guess the time it took to cover that distance.
GEORGE HEATH ROBINSON , 8, Crouch Hill Road. I was with my brother in the defendant's taxi-cab on January 2. We had driven in it to the Great Eastern Hotel, Liverpool Street. We got there about 1.35 a.m. We asked defendant to call back again in 20 minutes. He said he would wait. Then someone came up and wanted defendant to take him to Brixton. We agreed to that and defendant came back and took us from the hotel at about 2.40 towards Crouch End. We went along Liverpool Road. I noticed nothing about the speed of the taxi until we were turning into Holloway Road. I remarked to my brother that it was going very quickly. We were on the left-hand side of
Liverpool Road, as far as I can remember. The windows of the cab were hazy. After making the remark about the speed the next thing I noticed was the two lights of the hansom cab through the right-hand front window of the taxi. The next thing was the crash. Immediately I saw the lights our cab swerved to the right. I looked at the tracks after the accident and noticed we were on the correct side of the refuge, perhaps a few inches from the tram line; I would not like to say definitely which side of the tram line. I think we were running on the tram lines. The crash came almost simultaneously with my seeing the lights of the hansom. I cannot remember hearing the hooter sounded. After the collision I got out of the taxi and saw the smashed up hansom cab. Our driver got off his seat. The driver of the hansom was on the ground. The nurse was in the smashed-up cab. I was there when the police officer came. I did not speak to him. We waited till the officer began taking evidence from the coffee-stall keepers and other people who were not present. I withdraw that. The officers were very busy taking evidence from people who were in the street. Immediately we returned home we telephoned to the police and we are here now voluntarily. As far as I can tell the prisoner was sober. I formed that opinion before we got into the cab. We were not in a particular hurry to get home. We gave the driver no refreshments. Before we got into the cab at the Great Eastern Hotel my brother asked him if he had sufficient petrol to drive us home. He said he had, he thought. There was a question about his knowing the way to get to our address. We said we would direct him. He said he knew his way to the "Nag's Head. "I noticed nothing at all peculiar in the way he was driving. He seemed to be driving at a reasonable speed until we got to the junction of Liverpool and Holloway Roads. There was no reason for putting on speed there that I know of.
Cross-examined. I have come here to tell the Court on oath as accurately as I can what took place. I have absolutely no feeling one way or the other. We hailed prisoner at the Royal Exchange at 1.30. He drove us to the Great Eastern Hotel. As far as I know he then drove carefully and properly. We then discussed his returning for us. He appeared to me to be coherent and sober. We gave him permission to drive to Brixton and come back for us. He appeared to be absolutely sober when he returned. He drove accurately and carefully until we got to Holloway Road. That is the only spot where I thought he was driving at a slightly excessive speed. I believe in changing speed the car sometimes swerves. I did not notice that prisoner was much upset after the collision. I heard people speaking to him. I think he was then perfectly sober. He was discussing the tracks. I heard him point out his own position on the road to another taxi driver. He was quite able to walk and stand properly. I did not hear him accused of being drunk by a police officer. At the time of the collision the hansom was about 20 feet from the refuge. I am absolutely certain the taxi driver took the bend on his near side in the direction in which he was going. He was on his proper side of the refuge.
Police-constable FREDERICK ANDERS, 804 Y. I was on duty at 3 a.m. on January 2. Hearing a police whistle I went to the junction of Holloway and Liverpool Roads. I saw the hansom cab driver and Mrs. Holmes. The defendant was standing on one side. Lott said, "I think I have broken my leg." I attended to him and Mrs. Holmes, put them on a vehicle and sent them to the Great Northern Hospital. I saw prisoner was drunk and took him to the station. The divisional surgeon was called. Prisoner was charged. He said, "I am not drunk." I did not see the Robinsons there; they had gone.
Cross-examined. The station is about 10 minutes' walk from where the accident took place. I asked prisoner for his license. He produced it at once. He appeared to half know what he was talking about. He gave his name and address. He seemed to know all of it. He did lot seem greatly distressed. By the appearance of his face I should say he was drunk. Looking at him now I do not think he has a glassy stare in his eye. I do not think his eyes are bloodshot. He had a glassy stare that night and bloodshot eyes.
Dr. ROBERT JAMES HARBINSON, 44, St. James's Road, Holloway, divisional surgeon. I saw prisoner at Caledonian Road police station about 3.15 a.m. on January 2. I examined him and had a conversation with him. I made him walk up and down. I looked at his eyes and came to the conclusion that he was drunk. I asked him if he had had anything to drink. He denied having had anything. I said to him, "Now, be careful." After he said, "Little of anything," I said, "You have been drinking four ale, bitter, beer, or stout." Afterwards he admitted having about four glasses of beer.
Cross-examined. The station sergeant, in the presence of the prisoner, told me what I was brought there for. One of the symptoms of drunkenness is the state of the eyes in conjunction with other symptoms. The condition of a person's eyes is not exactly symptomatic. His eyes were conjested and bloodshot. I should not be surprised to find a man's eyes in that condition if he had been driving a car in the streets of London the whole day and the greater part of the night. His pulse was full and bounding. I asked him to walk along the line. He was on his feet when I got there. He was not being held up. I do not think the knowledge that on his walking might depend a serious criminal charge would have the effect of making a man unsteady in his gait. He was unsteady in his gait—staggering. I said, "You have not walked along that line straight." He said which line was it? I pointed it out again. He went up and down again. He staggered again. If this man had been drinking I would not expect it necessarily to have been apparent half an hour before. It might have been apparent an hour or an hour and a half before. It might not have been apparent to anybody. If a man had only had four glasses of beer over the whole day the last one being at 12 p.m., I might have expected him to be in that condition.
Sergeant GEORGE MILLER, 109 Y. I got to the scene of the accident before prisoner was taken into custody. In my opinion he was drunk. I asked last witness if he had noticed condition of the prisoner. He said yes.
Cross-examined. I said to prisoner, "In my opinion you have had too much drink." He said, "l am not drunk." He said it forcibly, as much as to say, "How dare you made such a suggestion?" The officer took him to the station in the ordinary way, holding him with one hand by the sleeve.
Sergeant FRANK BUTLER. I was on duty when Police-constable Anders brought prisoner to the station. He said why he had brought him. Prisoner said nothing to that. He staggered very much as he was being brought in. His breath smelt of drink. I told him to sit down and that I should call a doctor. He made no reply to the charge. From the appearance of the man I had no doubt as to his condition.
Cross-examined. When the charge was read over he made no reply to me. A statement was taken from me by the solicitor to the prosecution. He said in my hearing, "I am not drunk. "He did not seem particularly upset.
GEORGE WILLIAM VARDY (prisoner, on-oath). Saturday, January 1, was the first time I went out with a licensed taxi for the purpose of hire. For ten years previously to that I had been a horse cab driver. The only charges ever brought against me were one for not having my badge and the other for loitering. On the day of the accident I was up at six o'clock in the morning; I took my cab out from the garage in Pancras Road about 10 a.m. Between then and dinner time I had two half-pints of four ale. With my dinner I drank tea. At seven o'clock I had my tea. I had no drinks whatever between dinner and tea. Between tea time and closing time I had two half-pints of four ale. A little after 12 I took a fare from Paddington to Brook Green. From there I came back to Piccadilly. There I got a fare to Bishopsgate Street. I had no drink with me. At the Royal Exchange I picked up the two Mr. Robinsons and a friend and drove them to the Great Eastern Hotel. They wanted me to call back in 20 minutes. I said I had better wait. Another gentleman wanted me to go to Brixton. The Robinsons were agreeable to wait an hour or hour and half for me. I went first to Lamb Street, Spitalfields, and then on to Brixton. I came back to Kennington and was going to have a cup of coffee at a stall when a friend of mine caught sight of me and spoke. I invited him to have a cup of coffee. I said, "You will excuse me, I cannot stay; I have got to get back to the Great Eastern Hotel and pick up another job." I picked up the Robinsons at 2.30 to 2.45. I negotiated everything accurately till the accident occurred. As to the pace I was going up Liverpool Road, of course it is on the incline the whole distance. You could not go the length of Liverpool Road by taxi at one pace. You would have to keep picking up speed. I should think I was going
12 to 14 miles an hour at the most; that is fast. When I got within 20 or 30 yards of the junction of Liverpool and Holloway Roads I slowed down to change my speed from top to second speed and sounded my hooter three times. I should have to slightly accelerate to pick up my speed again. I did not notice the hansom till we were very close together. It was then very close to the refuge; the horse was well past the refuge. He did not go round the refuge. He came in the near side of the refuge on his off side. He was coming down the Holloway Road so much on his off side that he hid the view of himself till we both got on the corner. My off side wheel struck his off side wheel. I rendered first aid to the hansom driver. He was the first person I spoke to. I blamed him for causing the accident. I said, "You had no business on that side of the refuge at all. I wanted to call the policeman's attention at once to the track of my car, but he was so busy taking notes and dispatching the injured people off that he would not entertain what I wanted to draw his attention to. There was a lot of confusion at the time. I remember what the doctor said to me. I was told to stand up; I was sitting when he came in. He said, "What have you been drinking?" I said, "Very little of anything." e told me to walk along those lines, they were 4 1/2 in. floor boards, and come back again. I did that. He said, "Do it again." He looked at me, and he was so doubtful he did not know what conclusion to come to. He said, "Do it again." I did it three times. He looked at my eyes. They are naturally red and bloodshot. Then he felt my pulse. I said, "Doctor, there is nothing the matter with me, only shock." The charge of drunkenness was a more severe shock to me than the accident really.
Cross-examined. I had six months' tuition with these Fiat cabs, and the last month I was doing the taxi test with the police. The top speed of my cab at the very most would be 13, 14, or 15 miles an hour. On the second speed it would go almost as fast, but you would be consuming more petrol and would not ride so silent. I left Kennington Gate about half past two. When I got to the Great Eastern Hotel it would be more like 2.45 than 2.35. I should be a better judge of the time than Mr. Robinson. At Kennington I had a penny cup of coffee. I did not want anything to eat. I did not have to wait at the Great Eastern Hotel; the porter was at the door watching. A very small part of the Liverpool Road is level. It rises nearly all the way. It is pretty level at Holloway Road. The road was free from traffic. We passed one or two vehicles. I do not go faster if I have the road to myself. Where there are no crossing roads I may take an advantage then. I was not going 25 miles an hour at Palmer's Place. I was going as fast as the car would go. Lott was coming down Holloway Road so much on his off-side that he hid the view of himself. When I first saw the lights of the cab there was not time to avoid the collision. I should think I was with the doctor five minutes before he said I was drunk. The doctor did not say I had had stout, bitter, or mild ale. He said, "Are you a teetotaler?" I said, "No." He said, "What have you had to drink?" I said, "Very little of anything"
The constable whose attention I tried to draw to the tracks of my car was Anders.
MR. STOCKER. I have known prisoner about 12 years. He drove for me when I was a cab proprietor. I have always found him a thoroughly honest, respectable, and sober man. I never saw him in my natural under the influence of drink.
(Thursday, March 10.)
Verdict, Not guilty.
BEFORE MR. JUSTICE BRAY.
(Thursday, March 10.)
Mr. Muir and Mr. W. H. H. Thorne prosecuted; Mr. Marshall Hall, K. C., and Mr. Huntly Jenkins defended.
Verdict, Not guilty.
The grand jury having thrown out the Bill for manslaughter, the prosecution offered no evidence on the inquisitor, and a verdict of Not guilty was returned.
BEFORE THE RECORDER.
(Thursday, March 10.)
COATES, Daniel (53, labourer) , stealing one gun case, stealing one gun case containing one gun, the goods of the Midland Railway Company, and feloniously receiving the same; stealing one gun case containing two guns, the goods of the London and North-Western Railway Company, and feloniously receiving the same.
Mr. J. P. Grain prosecuted; Mr. David White defended.
JOHN ROSS MENZIES , Darn Hall, Peebleshire. On December 29 I arrived at Euston Station at 11.40 p.m. to catch the 11.50 train to Edinburgh. A porter took charge of my luggage, amongst which was the gun case, containing gun produced and bearing my initials, "J. R. M." On my arrival at Edinburgh it was missing.
CHARLES HARRIS , manager to Greaves's Executors, pawnbrokers, 262, Mile End Road. I have known prisoner by the name of Lewis for five or six years as a frequent customer. On the evening of December 28 prisoner brought the gun and gun case into my shop and offered
it in pledge, stating that it belonged to a gentleman named "J. R. Mersom," who was sailing for Buenos Ayres in a few days, but who was temporarily in want of money. Prisoner asked me to lend him £20, but I am not a good judge of guns and I offered him £10, which he accepted.
Cross-examined. I have always thought prisoner pawned things for boarders who were staying at his sister's lodging house in Burdett Road, but I should not regard him as what is known as a professional pawner.
Detective GEORGE, Scotland Yard, said that he arrested prisoner in Mile End Road on another charge on January 7 and afterwards charged him with the present offence. He replied, "I was never at the railway station."
DANIEL COATES (prisoner, on oath). I have never been in trouble before and was employed for nearly 20 years by Walsh and Company, surgical instrument makers, but had to leave because I was laid up so frequently. About four or five years ago I went to live in Burdett Road with a Mrs. Berryman, who lets furnished apartments, and I have frequently pawned valuable articles for people who lodged with her. Some time ago I made the acquaintance of several young men who appeared well-to-do, at the "Black Boy" public house, Mile End Road, and on the day in question I saw them there. They asked me to pawn the case for them for £20. I took it to Mr. Harris, who lent me £10, which I took back to the "Black Boy" and handed over, receiving half-a-crown for my trouble.
Cross-examined. I thought it was all straightforward.
Witnesses were called as to character.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Thursday, March 10.)
Prisoner was released on the recognisances of herself and her mother, Elizabeth Pollard, in £10 each, to come up for judgment if called upon.
Mr. Pickersgill, M. P., prosecuted; Mr. L. S. Green defended.
WILLIAM FRANKLIN , Steeple Morden, Royston, Cambs., and Covent Garden Market, market gardener. I have known prisoner for several years and as a customer at my stall for two or three years. On February
17 be bought 72 bags, one hundredweight each, of Middlings potatoes at 2s. a bag, paying me £1 deposit with a half sovereign and four half-crowns (produced). I put the half-crowns in my pocket—I had only one sixpence in silver at the time. Five minutes afterwards he stated that he could not take the whole of the potatoes, but would take £5 worth and paid four sovereigns in gold. A short time afterwards I tendered the four half-crowns to the collector of dues when I found they were bad. I went to Bow Street police station. Sergeant Crutchett brought the prisoner to me and I charged him with passing the four bad coins.
Cross-examined. I have known prisoner as regularly attending Covent Garden Market for a number of years. I have had a number of transactions with him, and always found him straight in his dealings. A man purchasing like prisoner would usually give a deposit. I did not ask him to give me the second half-sovereign in silver. I thought the four half-crowns were good when I received them; I did not carefully examine them.
Detective-sergeant A. CRUTCHETT, E Division. On February 17 Franklin handed me four bad half-crowns (produced), which I marked "A. C." I went with Detective Warner to Covent Garden, and found prisoner in Tavistock Street with a costermonger's barrow. I asked him if his name was Linder. He said "Yes." I said we were police officers, and asked him to come back to Franklin's store with us. The prisoner accompanied us there, when Franklin said, "That is the man who gave me the bad half-crowns this morning," and related what had occurred. I told the prisoner I should take him into custody, and he would be charged with possessing four counterfeit half-crowns and with uttering the four simultaneously. Prisoner shrugged his shoulders. I said, "Do you understand what I said?" He said, "Yes, I understand." I found he could speak English very well. I took him to the station, and Franklin again related what had happened to the inspector. Prisoner, in answer, said, "He say what he likes. I no have them; they not mine." Prisoner was charged. I searched him and found £2 10s. in gold, 18s. in silver, including five half-crowns and 11d. in bronze, good money. On February 22 I received three other counterfeit florins (produced) from James Edmonds, which I marked "A. C. X." On March 1 I charged prisoner with having uttered the three to James Edmonds; he made no reply to the charge.
Cross-examined. I got a report from Franklin at 8.15 to 8.20 a.m., and immediately found the prisoner; prisoner denied the charge. He said to the solicitor at the court, "He say what he likes. I no have them." Prisoner has been nine or ten years in England, and I know of no charge against him. He gave me a correct name and address. I visited his residence, made a search of his two rooms, and found nothing incriminating with reference to this or any other matter. He is a greengrocer, and regularly attends Covent Garden and other markets. I found no coin at his house. His wife said he had all the money with him.
JAMES EDMONDS , Plant House, Maidstone, and Covent Garden Market, market gardener. I have known prisoner as a customer for a month or six weeks. On February 15 he bought two bags of onions for 10s., paying me with four half-crowns, which I put in my pocket with other silver. Shortly afterwards the Duke of Bedford's collector demanded market tolls from me, and I paid him in silver. He returned about 20 minutes afterwards, and brought me back bad half-crown (produced). I then noticed I had two bad half-crowns amongst my silver similar to the one brought back. A few days afterwards I gave the three half-crowns to Sergeant Crutchett.
Cross-examined. I had had no previous dealing with the prisoner that I am aware of. It is not unusual to be paid in silver. Prisoner came to me about about 7 a.m.; I had been there since 5 a.m., and had taken other money. The collector called on me about a quarter or half an hour after prisoner had made the purchase. I may have taken other silver in the interval.
FREDERICK PEACOCK , Belfont Lane, Feltham, and Covent Garden Market. I have known prisoner as a customer for about 12 months. In August he had a transaction with me, and gave me a light half-crown, which I thought bad, and he took it back. Presswell, my young man, was with me, and he advised me not to take it. Prisoner then gave me two shillings and sixpence. In September, 1908, he bought some pears, paying me with eight half-crowns and some small silver. As I was counting the money I said to him, "That is light," referring to a half-crown. I then took about five or ten shillings more from him in small silver, and put the money in my pocket. When I got home, it being Saturday, the money was taken upstairs, and my wife gave my servant five shillings in two half-crowns to purchase a pair of shoes. She brought me the two half-crowns back. I rang them on the table and found they were very light. I then examined the silver and found a third bad half-crown. On the following Tuesday I took the three to prisoner and said, "You had given me three bad half-crowns on Saturday." Prisoner smiled, and took the coins. He either gave me good money for them or they were deducted from an amount due to him for returned empties.
Cross-examined. I have known prisoner for about 12 months, and have had dealings with him nearly every morning during last summer. I knew his name. I had doubt of the first half-crown before Presswell examined it. The Saturday on which I received the three half-crowns was market day. I had not taken very much silver besides that from the prisoner; the bulk of my money was gold. I would not swear that the three half-crowns came from the prisoner. I swear to two of them.
JULIUS PRESSWELL , 37, Clarence Street, Somers Town, porter, Covent Garden Market. In August last Peacock showed me a half-crown he had received from the prisoner; I said it was bad. I rubbed it; it was smooth and sticky and light in weight.
Cross-examined. I am not an expert, but I can tell a good coin from a bad one. The coin rang well. I did not try to bend it—I had
not it in my hand long enough. The whole transaction lasted about 10 minutes. I am sure it was a bad half-crown.
WILLIAM JOHN WEBSTER , His Majesty's Mint. The four half-crowns marked "A. C." and three half-crowns marked "A. C. X." are counterfeit. Two marked "A. C." and three marked "A. C. X." are dated 1899 and are from the same mould. The other two marked "A. C." are dated 1895 and 1901. The greasiness of a coin is a test, but it is not a decisive one.
Cross-examined. A coin may have been greased and rubbing it would make it appear shiny. Two half-crowns may be of the same date and made from different moulds. I can tell whether coins are made from the same mould. The last few years an enormous number of bad half-crowns have been circulated in the East End of London. These coins are good imitations and might deceive a man who was not an expert.
Re-examined. A light coin is certain to be bad.
ISRAEL LINDER (prisoner, on oath). I live at 17, Clark Street, Stepney, and keep a greengrocer's shop and sell things retail and also wholesale to small shopkeepers. I have attended at Covent Garden Market for nine or 10 years, having been in England 11 years. No charge has ever been brought against me in this or any other country. I have been at Clark Street six or seven years. I attend at Covent Garden every morning in the summer time and Tuesdays, Thursday, and Fridays in the winter time and buy goods. I receive a good deal of silver from my customers and pay for the goods in silver. On February 17 I bought 72 bags of potatoes from Franklin and paid him 10s. in silver as a deposit. He said the deposit was too small and I then gave him a half-sovereign, making £1. I then went to buy other foods and returned half an hour afterwards to Franklin and bought a box of apples, for which I paid him 7s. 6d. An hour afterwards I returned to him and said I had not enough money to take the whole of the potatoes—that I would take £5 worth and paid him £4 in gold. The four half-crowns I had received from my customers; I had no idea they were bad. When arrested I had five good half-crowns in the same pocket from which I had taken the four bad ones. I gave my name and address to Crutchett. I know Peacock and have dealt with him for some time. In September I bought pears from him. I do not remember paying him eight half-crowns. He never spoke to me about three bad half-crowns and I never paid or allowed him 7s. 6d. for them. I remember on a previous occasion a conversation about a half-crown which I had paid him—it was a new one and Peacock said he did not like new half-crowns, so I took it back and gave him other silver; that half-crown was not bad. On February 15 I bought onions for 10s. from Edmonds; I do not remember what money I paid him—it was in silver, which I took from my pocket; it might be half-crowns or not—it was money I had received from my customers; I had no idea it was bad.
Cross-examined. After paying Franklin I did not receive silver from anybody. Peacock did not give me back three half-crowns in September—he never spoke to me about them. I never deducted the value.
Re-examined. I have done business with Peacock for three, four, or five years, generally daily through the springtime in green stuff, occasionally in August and September.
JOHN WOLFE , 15, Lamb Street, Spitalfields Market, wholesale fruit merchant. I have known prisoner eight years, have had frequent dealings with him; he bears a reputation of a respectable, honest man.
Verdict, Not guilty.
Prisoner was stated to have been of previous good character, but to have appropriated money in 50 cases amounting to £150 from his employers.
Sentence, Nine months' imprisonment; an order for restitution was made.
Mr. Pickersgill, M. P., prosecuted.
ALICE BURTON , barmaid, "Castle" public house, 81, Holloway Road. On February 23 prisoners entered my bar, called for 2d. worth of whisky and a pony of bitter, amounting to 3d. Russell handed me counterfeit 2s. piece (produced). I tested it with acid; it went black. I handed it to Mr. Perry, my employer.
HAY WILLIAM PERRY , licensee, "Castle" public house. On February 23 at 10.20 p.m. Alice Burton made a communication to me and handed me florin produced. I took it to the prisoners, who were in the bar, and asked them why they tendered it. They said, "What is the matter with it?" I said, "You know as well as I do it is a counterfeit. "Sinclair said, "Oh, he has got some money," and pulled out 1s. 7d. He said, "He would not have given it to you if he had known it had been bad," and paid for the two drinks with the shilling. I said, "Having had so much counterfeit coin offered to us lately I have been to the police and they have told me what to do. Unless you can answer questions satisfactorily I shall send for the police. "They said, "You do not want to do that, governor." I asked them where they worked. They said they were racing men, that they lived at Shoreditch. I told my son to fetch a policeman at once. They then both bolted. My son caught Russell; Sinclair bolted down a turning and found himself in a cul de sac called Crane Grove. After running 300 or 400 yards I caught him.
Cross-examined by Russell. I did not say I had taken five bad coins on the previous Saturday in a quarter of an hour—I said I had had five tendered.
the two prisoners running and caught Russell about 50 yards off. My father brought Sinclair in and the constable arrived.
Police-constable GEORGE CATTOW, 149 N. On February 23 at 10.30 p.m. I heard cries of "Police," saw the two prisoners running away, and they were caught by the last two witnesses. I took Russell into custody. He said, "I will go quiet." I took him to the station, searched him, and found upon him nine shillings, 19 sixpences, and 3s. 5 1/2 d. in bronze, good money. On the following morning at 7 a.m. I went with another officer to Crane Grove and searched. In the garden of No. 1a I found counterfeit florin produced.
Police-constable ALFRED BUGDEN, 172 N. On February 23 at about 10.30 I was in Holloway Road, when I heard a whistle blown and saw several people running towards Crane Grove. Sinclair was caught by the landlord of the "Castle" and I took him into custody. He said, "Let me go—I have done nothing." I searched him at the station and found upon him 2s., good money. The next morning at 7.15 I saw Police-constable Cattow pick up a two shilling-piece from the garden of No. 1a, Crane Grove.
FRANCES STOUT , barmaid at the "George and Vulture" public house, High Road, Tottenham. On January 21 at 6.30 p.m. Russell came into my bar and called for 2d. worth of whisky, tendering a florin in payment. I took it to the till, put some acid on it; it turned black. I called my employer and handed the coin to him. My employer jumped over the bar, detained Russell and called a constable. Russell was afterwards released.
THOMAS CARSBURG , licensee "George and Vulture." On January 21 the last witness handed me a bad florin (produced). I said to Russell, who was in the bar, "Where did you get this from?" He said, "Up the road." I said, "What do you mean, up the road?" He said, "Up at Enfield." I said, "What are you?" He said, "A traveller." I said, "A traveller in what?" He said, "Anything." I said, "I have had enough of this," and sent for a constable. Police-constable Houtchin came, and I handed the coin to him.
Cross-examined. Russell had no chance of running away. I was round the door in front of him.
Police-constable JOE HOUTCHIN, 473 N. On January 21, at 6.30 p.m., I was called to the "George and Vulture," and saw Carsburg and the prisoner. Carsburg said, "This man has tendered me a bad two-shilling piece." I said to prisoner, "Have you got any more about you?" He said, "No, that is all." I asked him a few questions, and as I was not satisfied with what he said I searched him and found 1s. in silver and 1d. bronze, good money. I told him I was not satisfied with his statements, and should take him to the police-station, where he was subsequently charged, and made no reply. He was afterwards discharged at the police court.
ERNEST EGGLETON , barman, "Star and Garter," 26, Sloane Square. On January 25, at about 8.15 p.m., Sinclair came into my bar and called for two pennyworth of port wine hot, saying he wanted it quickly as he was in a hurry. I served him, and he tendered in payment
florin (produced). I tested it, and told him it was bad. Sinclair said, "Do not say that," and wanted to exchange it for another two-shilling piece, which was brand new and good. I asked him where he got the coin from. He said he borrowed it from the "World's End" public-house, King's Road. I then asked his name. He gave the name of Smith, and the address 96, Norman Road, Leytonstone. I sent for a constable. I gave the coin to the manager, who handed it to the constable. The "World's End" is about half a mile from my public-house.
Police-constable GEORGE ROGERS, 316 B. On January 25, at 8.15 p.m., I was called to the "Star and Garter," and saw prisoner Sinclair, the barman, and the manager. The barman said, "This man has entered the bar and tendered in payment of two pennyworth of port wine a two-shilling piece, which I find is bad. "I asked the prisoner how he came in possession of the coin. He said, "I borrowed it from the manager of the 'World's End' public-house. "I searched the prisoner, found nothing upon him, and took him to the station. He there said, "I borrowed it from the barman, not the manager, of the 'World's End' public-house. "I made inquiries at the "World's End" public-house, returned to the station, and told the prisoner I had seen the manager and barman at the "World's End," and they both denied having lent him any money. He made no reply. He was subsequently charged at Westminster Police Court, where he was eventually discharged.
WILLIAM JOHN WEBSTER , H. M. Mint. The four florins produced are counterfeit. Exhibit one (the subject of the indictment) and exhibit three (tendered at the "George and Vulture") are from the same mould. They are all about the average make.
GEORGE RUSSELL (prisoner, on oath). On Wednesday, February 23, I came out at 11 a.m. and went to my club at Shoreditch, and stayed there from 12 to 4 p.m. I then went to High gate, where I had an appointment, arriving there at 5 p.m., and coming back down the Holloway Road I met Sinclair. I told him I had had a bit of luck at the club, and asked him to have a drink. We had sundry drinks together. I then asked him to have some tea, and we had tea. I afterwards went with him to the Holloway Empire, where we had sundry drinks, and came out at 9 p.m. We had a few more drinks coming up the Holloway Road, till we came to the "Castle," and he said, "Let us come and have one more here." I called for a pony of bitter and a whiskey, and pulled out the first coin in my pocket, which happened to be this two-shilling piece. The young lady took it to the governor, brought it back to me broken, and said it was a bad one. I said if I had known it to be bad I would not have given it to the young lady. The landlord said, "There is too much of this stuff about now. I took five on Saturday night in a quarter of an hour." With that he sent for the police, and having been in trouble before for that reason I ran away.
Cross-examined. When I was searched there was found upon me nine shillings, 19 sixpences, and 3s. 5 1/2 d. in bronze. I had been gambling all the morning at my club from 12 to 4 p.m.; that is how I obtained so much change. It was not got by changing counterfeit coins. My club is the Goodwin Club in Kingsland Road, just before you get to the railway arch on the left-hand side. I have no one from the club here. I cannot account for the florin tendered at the "George and Vulture" on January 21 coming from the same mould as that tendered at the "Castle."
Convictions proved against Russell: North London Police Court, September 23, 1907, stealing of fowl from outside a shop, fined 5s. or five days; November 30, 1907, stealing a glass from a public house, three months' hard labour; at Marylebone, February 12, 1908, stealing bacon from a shop, three months' hard labour; at Guildhall, October 7, 1908, loitering, three months' hard labour. Against Sinclair: On April 21, 1908, at West London Police Court, one month's hard labour for larceny from a person; August 29, 1908, Marylebone, 11 weeks' hard labour for stealing a trunk; January, 1909, Marylebone, three months for stealing a coat. He was charged at this Court on November 16 with uttering a counterfeit half-crown, when the Grand Jury ignored the bill. Then followed the discharge at Westminster Police Court in February, 1910, for uttering.
Sentence (both), 10 months' hard labour.
Mr. Morris prosecuted.
Prisoner was tried on the second indictment.
Police-constable JAMES MARSH, 618 P. On February 11, about 2 p.m., I was in Goose Green, when I saw prisoner leave the gate leading from St. John's Church. Noticing that he was carrying something under his coat, I followed and stopped him, and asked what he had under his coat. He replied, "A lamp," and, pulling back his coat, produced this candlestick. I asked him where he had got it. He said, "Out of the church." I took him into custody and took him to the station, where I searched him and found upon him a pair of goloshes, two pairs of gloves, a screwdriver, and a chisel. I charged him with stealing the candlestick. He made no reply.
JAMES HALLIDAY , Verger of St. John's Church, East Dulwich. The church is always left open during the day. The candlestick produced is kept on the altar in the side chapel. On February 11, at 1.55 p.m., on leaving the church before going home, I left everything right. I returned some time afterwards and missed this candlestick from the altar in the side chapel. Nothing had been broken; the candlestick was not fixed to the table and I know nothing about the gloves or goloshes found on the prisoner.
JENKYN JONES (prisoner, on oath). I was asked to take this candle-stick to East Dulwich Grove by a clergyman coming in at the door of the church. As I was going out, he asked if I would take something down to East Dulwich Grove. I replied "Yes." He then went into the church and brought out the candlestick (produced). It being misty and raining, I put it under my coat and set off to East Dulwich Grove, when I was apprehended.
Cross-examined. I did not know the clergyman nor he me. He told me the candlestick was to be taken to Southwark Union Workhouse and I was to wait there for him. The clergyman did not bring the candlestick out under his coat. I did not tell the constable it was a lamp. I went into the church for a rest. I did rest there. The clergyman did not see me in the church. He was coming into the church as I came out.
Police-constable SIDNEY GRAHAM. I produce certificate of the Clerk of the Peace for the City of London, Thames Police Court, dated April 1, 1908, showing that John Johnson was charged with having on March 25, 1908, feloniously stolen 1 lb. of bacon, value 11d., the property of S. Randall, and that he was convicted and sentenced to one month's hard labour. I was present and identified the prisoner as the man convicted. (Prisoner. "You are a liar—so he is.")
Prisoner declined to give evidence or to address the jury.
Other convictions proved: May 6, 1907, Salisbury Petty Sessions, 2 and 14 days' hard labour, consecutive, for stealing boots and milk; December 9, 1907, Guildhall, three months' hard labour for being found in a church with intent to commit a felony; April 1, 1908, Thames Police Court, one month for stealing bacon; May 10, 1908, South London Sessions, six months' hard labour, for attempting to steal a contribution box; January 19, 1909, North London, 12 months' hard labour for attempting to steal from a church.
Sentence. 15 months' hard labour.
DICKS, Clarence (54) , forging and uttering, well knowing the same to be forged, a certain order for the payment of money, to wit, a banker's cheque for £5, with intent to defraud; obtaining by false pretences from Hector Macpherson £4 19s. 2d., with intent to defraud.
Mr. Eldridge prosecuted; Mr. J. L. Macpherson appeared for prisoner.
Prisoner pleaded guilty of the uttering, which plea was accepted by the prosecution.
(Saturday, March 12.)
Prisoner was stated to have been in a good position and to have made an assignment of all his property to his wife, which was now being contested in the Court of Chancery. Other cases of the improper obtaining of goods were mentioned, which the Common Serjeant stated he did not deal with.
Sentence, Three months' imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 10.)
BROWN, George (29, fitter), and McCARTHY, Thomas (49, stonemason) , both breaking and entering the shop of William John Halford and stealing therein one card case and one watch chain, his goods; both were unlawfully found by night having in their possession, without lawful excuse, certain implements of house-breaking; Brown unlawfully assaulting Robert Jobson, a peace officer, in the execution of his duty, and assaulting him, and thereby causing and occasioning actual bodily harm to him.
Brown pleaded guilty.
Mr. Henry Hurrell prosecuted.
Police-constable JOBSON, 238 C. On January 3, about 10.45 p.m., I was at Tabernacle Alley, Fenchurch Street. I heard a blow on a window as though with an iron instrument. I went to the end of the court with Police-constable Crook. I said to him, "That window is broken." At the same time I saw prisoner Brown withdrawing his light hand from the window. McCarthy was standing with his back to Brown, facing West. There was not a foot between them. McCarthy turned round and saw us. He said something to Brown and they both left. Brown was running, McCarthy was walking, in the same direction. When I got to the window I saw it was broken. There was a hole big enough for a man's hand to pass in. I ran after Brown. He struggled when I got hold of him. As he ran he threw away this pair of wire clippers and this lady's gold card-case. I did not see him throw away a jemmy. A gold and platinum fob chain was brought in by Police-constable Eagles before the charge was taken. Police-constable Ambrose brought in the jemmy. At the station McCarthy said he did not see how we could connect him with the case, as he had nothing on him.
Cross-examined by prisoner. I found nothing on you. I did not see you throw anything away or tamper with the window. You said at the Mansion House when you passed Brown you heard a slight noise and turned and looked, and said, "Hallo, what are you doing?" I arrested Brown about 134, Fenchurch Street. You were arrested before I caught Brown. I have no idea how far away Brown was when you were arrested. I should say where you were would be on
the right road from Aldgate to Blackfriars Road. From 129 to 134, Fenchurch Street is ten or 15 yards. At the Mansion House I said it was six yards. I had a conversation with Brown in the cell. He said, "I am going to plead guilty, but I do not know the other man." I did not see another fellow standing on the kerb at Tabernacle Alley.
Police-constable ELI CROOK, 268 C. I was with last witness in Tabernacle Alley. I heard the noise as of a blow on a window. I went to the end of the alley by Fenchurch Street and from what last witness said I looked to the right and saw prisoner Brown withdraw his right hand from a hole in the window at 129, Fenchurch Street. I saw McCarthy standing with his back to Brown close to him. He turned in our direction and said something apparently. Brown ran away, McCarthy walked. I arrested McCarthy. I saw Brown struggling with last witness. I went to his assistance. I held Brown by the collar with my other hand. Other assistance arrived and we secured prisoners.
Cross-examined. I did not see you pass Tabernacle Alley. I should think you were about six yards from the broken window when I arrested you. You said, "What is this for? I have not done anything." I don't remember you saying, "I was going home to Blackfriars." At the station you said something about living at Blackfriars. You resisted and I caught your collar. At the Mansion House you asked me if you resisted and I said, "Slightly, not to a great extent." I did not see you turn out of the alley or tamper with the window or throw anything away. Nothing was found on you at the police station. At the Mansion House you said you heard the noise and turned and looked and said, "Hallo, what are you doing?" I have reason to doubt the truth of that. You had your back towards Tabernacle Alley. At the Police Court you said you looked over your right shoulder and said to Brown, "What are you doing here?" As a matter of fact, you were standing in this direction (indicating).
Police-constable JOHN AMBROSE, 83 C. About 10.55 on the 3rd I went to Fenchurch Street and searched. In the door of 134 I found this jemmy on the ground.
Police-constable HARRY EAGLES, 79 C. At 10.45 on the 3rd I went to Fenchurch Street and found this gold fob chain lying in the roadway opposite 134. When I took it to the station Brown and McCarthy were there.
WILLIAM ROBERT JEFFREY , foreman, Halford and Son, 129, Fen-church Street. I identify these things as our property. When I came to unlock the premises on January 4 I found the constable in charge and the window broken. There was a hole almost large enough for a man to put his head in.
Milford Street, Blackfriars, where I was living. I passed Tabernacle Alley. I saw the two constables there; of course, I took no notice of them. When I reached 129 I saw prisoner Brown standing against the window. There was another man standing on the kerb a few yards away. After I had passed Brown about two or three yards I heard a slight noise. I turned and looked over my right shoulder and said, "Hallo, what are you doing?" I saw that he had something in his hand, a stick or a piece of iron. I could not say what it was. I passed on my way. A minute or so afterwards he ran by me; Police-constable Jobson ran after him. I still walked on, when Police-constable Crook came up and arrested me. I said to him, "What is the matter? Why do you arrest me?" I have not done anything; I have not interfered with anything; I am going home." He said, "You must come to the station." When I got to the station I told the officer that took the charge my name and address, and I told him the same thing. I was not with Brown and there was no complicity on my part whatever. I neither aided nor abetted the prisoner. I did not speak to him any words beyond what I have said.
Cross-examined. Did I know this man Brown before? I cannot answer that question; I will write it for you if you like. I may answer it in one way that I do not know the man personally, but I have seen him before, and I will write and tell you where I have seen him if you like. I have not been in his company or in public houses with him or anything of that. I recognised him when he was at the window. That is what made me turn round and" say, "Hallo, what are you doing?" and walk away. I had been to a public house at the top of Middlesex Street to see Mr. Parker, a fish salesman, trying to get him to introduce me to Billingsgate as a carrier. I know where Brown lives, because I heard him give his address, Rowton House, Whitechapel Road.
Sentences: Brown, Two years' penal servitude on the first and second counts, One month's hard labour for the assault, to run concurrently; McCarthy, Three years' penal servitude and five years' preventive detention.
Verdict, Guilty of indecent assault.
Sentence, Five months' hard labour.
BURKE, William Howard (34, traveller) , attempting to obtain by false pretences from Robert Overend Berry a certain valuable security, to wit, a banker's cheque for £20, with intent to defraud; obtaining by false pretences from Harold William Martin a certain valuable security, to wit, a banker's cheque for 6s., and from Charles William Ross 10s., in each case with intent to defraud.
Mr. Muir prosecuted.
ROBERT OVEREND BERRY , manager to Fisher, Renwick and Company, steamship owners, London and Manchester. On December 16 defendant called for payment of an account for an advertisement in a directory. I paid it. In January he called again for payment for another directory, and presented a form of receipt, "7, Bishopsgate Street Without, received of Fisher, Renwick and Company the sum of £20 for trade insertions in the 'Commercial Directory,' etc." signed William Burke. I did not pay him. I said I should have to get a cheque for it. I told him to call again. He called again. I told him the cheque was not ready. He then telephoned me (I recognised him by his voice) asking whether the cheque was ready. That is the only time I have ever been applied to by telephone for a cheque in my life. Exhibit 13 is a receipt for a cheque for £17 10s. which I paid him for trade insertions in the "Shipping Trades' Index." He signed the receipt "William Burke, for the City of London Publishing Company."
Cross-examined. I said I would forward the cheque to your private address if you gave it, but you never did. I did not know that the firm I paid you the £20 for was the same as that I paid the £17 10s. to. I found afterwards this was a bogus directory. I have not seen the advertisement and not seen the directory.
CHARLES WILLIAM ROSS , clerk to John H. Osborne, 4, Lloyd's Avenue, E. C. On February 12 last prisoner called to collect 10s. due on the insertion in the London Directory. I paid him, believing he was authorised to collect. The following Saturday week I saw him as he was entering the Guildhall. I recognised him. He signed the receipt "J. W. Jones." I did not see him sign it. It was unsigned when he brought it.
WALTER RAPER , cashier, City of London Publishing Company, Limited. The prisoner is not one of our collectors. He is not authorised to collect for the company. I believe he has made collections for an agent of ours. I cannot tell you to whom exhibit No 3 was issued, but it was not prisoner. He had no authority to give the receipt for £17 10s., signed W. Burke. Another man had authority to receive it.
Cross-examined. We publish the "Commercial Directory." I do not think there is an advertisement in it for Fisher; Renwick. There is an advertisement of theirs in the "Shipping Index." We received the £17 10s. which you collected for the "Shipping Index" through our agent, Mr. Wade. I was not aware you called on the people. (Prisoner called for the production of the two directories, which were not in Court.)
ERNEST EATON , manager, London Directory Company, Limited, 25, Abchurch Lane, E. C. Prisoner has never been employed by our company. He had no right to be in possession of the receipt forms Exhibits 8 and 12. I do not know the handwriting. J. W. Jones is not an
authorised collector. No one has ever accounted to us for the sum of 10s.
Cross-examined. As far as I know, it is not customary amongst canvassers representing different directories for one man to try to get an order for another. I have heard of such things being done by canvassers. They have been locked up.
HAROLD WILLIAM MARTIN , cashier, General Produce Company, Limited, 58, West Smithfield. On February 21 prisoner called on us for a renewal of the name and address of the firm in the "Trades' Directory of London and the Provinces," and asked for the sum of 6s. for the insertion, which he said was due. I thought I had previously given an order for that directory, and not having cash I gave him a cheque. He said he was an agent for that directory. He gave me this receipt, "Longmans Bros., Dashwood House. Representative, J. W. Brooks." We have never had any name and address inserted in that directory.
Cross-examined. I can swear you are the man who received that cheque. I had no assistance in identifying you. I have heard since that somebody from our office failed to identify you.
Inspector FRANK HALLAM, City Police. On February 25 last I was in Fleet Street with last witness. He pointed prisoner out to me. I said to prisoner, "This gentleman identifies you as being the man who on the 21st called on the London Produce Company and gave a cheque for 6s. for a bogus directory. "I said I had a warrant for his arrest and took him to the station. I read the warrant to him there. He said, "I know nothing at all about it. He was placed among nine other men. A man named Read, from the office of last witness, came to see if he could identify him and failed to do so. I have been unable to find that there is any such directory. There is no firm of Longmans Bros. at Dashwood House.
Detective-constable HARRIS, City Police. On February 22 I found Exhibit No. 1 in the possession of another man charged with a similar offence. I searched the accused when he was brought to the station. I found on him the receipt for £20, signed William Burke. I went to the address he gave me, 14, Clarence Square, and found Exhibits 5 to 11.
Prisoner declined to give evidence in the box, and addressed the jury from the dock.
Verdict, Not guilty.
BEFORE MR. JUSTICE BRAY.
(Friday, March 11.)
HORNER, Fred (60, journalist), was indicted (under 47 and 48 Vic, c. 76, s. 11) for unlawfully forging certain telegrams and uttering same knowing them to be forged, and attempting to forge a certain telegram, and attempting to utter same knowing it to be forged.
Mr. C. F. Gill, K. C., and Mr. Muir prosecuted; Mr. George Elliott, K.C., Mr. Frampton, and Mr. L. Freadman defended.
The telegrams the subject of the indictment were despatched under these circumstances. In the course of the General Election in January, 1910, Mr. Lloyd George, the Chancellor of the Exchequer, visited the West of, England. On January 9 the editor of the (London) "Daily Mail" received from Penzance this telegram: "Travelled accidentally same train as Lloyd George to Falmouth. Am wiring important message from here, as Post Office closed Falmouth. Wire whether using.—KIRBY, Riviera Palace, Penzance." A certain Walter Kirby being well known to the "Daily Mail" as a contributor, it was assumed in the office that this telegram came from him. The editor telegraphed in reply: "Will use, presuming absolutely accurate and exclusive." A further wire was received: "Yes, absolutely accurate and exclusive.—KIRBY." Upon this the "Daily Mail" accepted a long telegram from "Walter Kirby," giving an account of Mr. Lloyd George's arrival at Falmouth, of the abandonment of a torchlight procession in his honour in consequence of the fury of the electors, of Mr. Lloyd George being assailed by cries of "Coward" and "Traitor," and of his arms being seized by two constables, by whom, followed by a posse of police, he was escorted to a motor-car waiting outside the railway station. This telegram being published in the "Daily Mail," a communication was received from Mr. Lloyd George, whereupon the "Daily Mail" wired to "Kirby" at Penzance: "Lloyd George telegraphs your account hostile reception untrue. He was enthusiastically received by huge crowd. Please reply." The reply received was: "Lloyd George platform wrigglings last night futile and simply terminological inexactitudes. Facts as wired Sunday. Police information re procession given by police themselves. Other details seen and heard by myself and hundreds others. Can vouch hotel managed by foreigners.—KIRBY."
JOHN REBURN , manager, National Press Agency, Whitefriars Street, said that he had known defendant for 25 years, and was acquainted with his handwriting. The telegrams produced were, he believed, in the handwriting of the defendant.
EDWIN ALFRED SAUNDERS , proprietor of the Riviera Palace Hotel, Penzance, said that defendant stayed at his hotel on January 9; he showed witness draft of the news telegram to the "Daily Mail." Witness asked him why he had signed it "Kirby." Defendant replied, "They would not accept it in my name." Witness understood that to mean that the "Daily Mail" would not receive anything from defendant because of his journalistic competition with them on the Continent.
Cross-examined. I knew defendant's London address. Had inquires been made of me as to the "Kirby" telegrams, I should have been able to refer any one to defendant's London address.
yachting matters. On January 9 I was at home at Streatham; I know nothing of the telegrams in this case.
Cross-examined. I have never contributed any political matter to the "Daily Mail." I do not know that defendant knows me.
FENTON MACPHERSON , news editor of the "Daily Mail," deposed that he received the first telegram, and, assuming that the "copy" came from "Walter Kirby," a name well known to the paper, he passed the telegram for insertion.
Inspector JOHN COLLISON, City Police. I kept observation on 3, Curzon Street, for the purpose of serving the summons in this case. At 1.45 I saw defendant enter 3, Curzon Street. I said to him: "Mr. Horner, I am an inspector of the City Police. I have a summons to serve upon you that was issued at Mansion House Court this morning, charging you with the forging and uttering of telegrams purporting to come from a man named Kirby addressed to the 'Daily Mail.' "I then handed the summons to him. He made no reply. Mrs. Horner then rushed up and placed herself between. Mr. Horner and myself and snatched the summons from his hand. Mr. Horner immediately ran upstairs.
Mr. George Elliott submitted that there was no case to go to the jury. The sting of the prosecution was that the "Daily Mail" had been misled into printing false news. The main telegram had not been shown to be false; it was not a forged telegram (under the Post Office Act) in the sense of being a false instrument. It was not sufficient to show merely that the telegram purported to come from somebody by whom it was not sent; there must be intent to deceive. (R. v. Martin, L. R., 5 Q. B. D., C. C. R., p. 34; R. v. Whyte, 5 Cox's C.C., p. 220.) If the truth of the main telegram were put in issue, the defence was quite prepared to meet it.
Mr. Gill: The offence consists in sending the telegram in the forged name. If it is established that the persons receiving the telegram relied upon its having come from a particular individual whose name they were prepared to act upon, and that they did act upon it, the offence contemplated by the statute is made out. Intent to deceive is sufficient, without intent to defraud. (Ex parte Wickham, 10 "Times" L. R., p. 226.)
Mr. Justice Bray ruled that the case must go to the jury. He was of opinion that it was not essential for the prosecution to put in issue the truth of the main telegram. This, however, was arguable, and the prosecution must elect whether they would or would not give evidence upon the point. Mr. Elliott, having challenged the issue, could not be heard afterwards to say that such evidence was wrongly admitted. (Mr. Elliott assented.)
Mr. Gill said he would call his evidence.
WM. S. GRAHAM , Bishop's Stortford. I am private secretary to Sir John Barker, who was Liberal candidate for Falmouth at the last election. Mr. Lloyd George was going to speak at Falmouth on Monday, January 10; it had been arranged that he should travel down on January 8 and break the journey at Penryn, a few miles from Falmouth, and be escorted into Falmouth by a torchlight procession. On January 8 I was told that Mr. Lloyd George was feeling too tired to take part in the procession, and I at once telegraphed to the local people to say that the arrangement must be abandoned. On January 10 I travelled in the same train with Mr. Lloyd George from Truro to Falmouth. At Falmouth Major Mead, the chairman of the Liberal Association, took Mr. Lloyd George's arm, and Mr. Lloyd George's secretary and I walked on the other side, the Chief
Constable following. We walked 600 yards to the motor-car, and went to the hotel. Mr. Lloyd George was received in a most enthusiastic way, the people cheering. There was not the slightest foundation for the statements in the telegram to the "Daily Mail."
In cross-examination there were put to witness the statements in the main telegram, and the heads of the evidence presently given for the defence; witness persisted that the reception of Mr. Lloyd George at Penryn and at Falmouth was enthusiastically favourable rather than hostile.
CHARLES WESLEY ANDREWS , granite proprietor; Mayor of Penryn. On the day of Mr. Lloyd George's proposed visit to Falmouth there was great excitement among the granite workers and others. Some were favourable to Mr. Lloyd George and others otherwise. I had heard that there was to be a demonstration against Mr. Lloyd George, and I told the Chief Constable. I thought that if Mr. Lloyd George's visit to Falmouth could be prevented it would be a blessing, because I was afraid some injury might occur in consequence of the excitement. The Chief Constable said that he had placed the full responsibility on Major Mead, the chairman of the Liberal Association.
ROBERT H. S. HENDERSON , mining engineer, Truro. I was present at Falmouth Station when Mr. Lloyd George arrived; there were thousands of people outside. There were many cries in favour of the Unionist, but very few for the Liberal. The demonstration was distinctly in favour of the Unionist up to the arrival of the Chancellor. When Mr. Lloyd George made his appearance there was a certain amount of cheering and hooting, and cries which I could not distinguish. Then there were various cries, "Up, Goldman!" "Goodbye, Levi!" "Remember Birmingham!" and "Traitor!" and there were many others. Half a dozen police came out with the Chancellor when he left the station, and when he drove away three followed behind the motor-car.
HENRY TRUDGEON , confectioner, Penryn. Party feeling ran very strong on the announcement of the Chancellor's visit, and it was generally felt that if the proposed demonstration could be avoided it would be a great boon to the town, as it was feared that bodily harm might be done to Mr. Lloyd George.
CECIL G. RICHARD , corn merchant, Penryn, who was on the Falmouth Station platform on Mr. Lloyd George's arrival, spoke to hearing "cheers, hooting, and 'boo'-ing." The Chancellor's motorcar was "surrounded by police."
RICHARD MAY , retired hotel proprietor, Penryn, said that the feeling at Penryn was very bitter, and on his train stopping at Penryn Station, where there was a big crowd, there was a hostile demonstration.
policemen walked behind him. In the crowd outside there was a mixture of cheers and "boos."
FREDERICK HARRIS , hairdresser, Penryn, said there was much feeling about the torchlight demonstration, and he heard about a proposed counter-demonstration. He heard they were going to put a traction engine across the road, to upset Mr. Lloyd George, he presumed; also that on the route from Penryn to Falmouth men were going to line the hedges and throw flour and rotten eggs on the Chancellor.
Cross-examined. I cannot give the name of any person who was going to organise the counter-demonstration; I am only speaking to the general talk.
ARTHUR M. YOUNG , author and journalist, 3, Rose Hill, Ramsgate. I have known defendant about 15 years. From 1897 to 1905, while he was proprietor and editor of the "Whitehall Review," I acted as sub-editor. On several occasions the "copy" sent to me by defendant for insertion in the paper was sent to me in the name of "Kirby."
Cross-examined. I can suggest no reason why defendant should have sent me copy in the name of "Kirby." On reading of the police-court proceedings in this case I myself communicated with defendant; I had not seen him previously for five years. I am now "on the London press generally." I write for different papers, always in my own name.
To Mr. Justice Bray. Defendant's communications were sometimes sent to me as from "Kirby," not "Walter Kirby." I do not remember any Christian name.
Mr. Justice Bray, in summing up, left to the jury two questions: (1) Assuming the law to be that it is only necessary to prove that the (2) name was forged and that the name "Kirby" was used with intent to (3) deceive, do you find the defendant guilty or not guilty? (2) Assuming (4) the law to be that it is further necessary to prove that the facts were (5) substantially untrue, do you further find that they were untrue?
Verdict, on the first question, "Guilty"; on the second, "In the main untrue."
Sentence, Six weeks' imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Friday, March 11.)
McCARTHY, Owen (25, labourer), and COUGHLAN, Michael (22, labourer), both robbery with violence upon Annora Cocklin and stealing from her one gold chain, and other articles, and £65, her goods and moneys.
Mr. W. W. Grantham prosecuted.
Coughlan pleaded guilty of stealing a purse containing £14s. without violence.
ANNORA COCKLIN , widow. In February I was living in 25, New Gravel Lane, near the Docks. On Wednesday, February 9, I decided to go to Cork by boat, went to the Penny Bank, and drew out £67, which I put in a purse in an under pocket, together with a gold chain gold brooch, and my pension book. I asked Coughlan to carry a bed and two bags to the boat. I knew him as a neighbour and knew his father. The two prisoners took the things and I gave Coughlan 3s. 6d. I left home at four o'clock, went to the "Black Bull," and gave prisoners a half-pint of beer each. I also gave prisoners two sixpences. Annie Barry went with me to the boat—the Lismore. My bedding was taken to the cabin by the prisoners. I then told them to go as I expected some ladies there. Then Coughlan came in to the cabin, knocked me down, strangled me, and very nearly murdered me, cut the strings of my pocket, took my purse with £79 in it, a gold chain, a gold brooch, and pension book. I asked for a policeman and was taken to the station. I did not see McCarthy—Coughlan turned him out of the cabin.
Cross-examined. Coughlan took my black purse with 30s. in it, which I had in my hand and from which I gave him the two sixpences.
CHARLES GRAHAM GRANT , Divisional Surgeon, H Division. On February 9, at 11.25 p.m., I saw prosecutrix. She had finger-nail scratches on the left side of the neck. I produce photograph taken in the infirmary showing the marks; she had had a heavy blow on the mouth, which cut the lower lip against the teeth; her pulse was 120 and her condition generally one of shock. I sent her into the infirmary, where she is still under treatment. I think she is practically well now. She certainly must have received great violence and her condition was consistent with the evidence given by her. I saw her some hours after the event; she was a little dazed with the shock.
ANNIE BARRY , 29, New Gravel Lane, dressmaker. Prosecutrix came to stay at my house on February 2. I have known her for some years. I know the prisoners as neighbours. On February 9 I went with her to the Penny Bank, and she drew out £69 14s. 5d. and £2 0s. 1d. on two books; keeping £4 back for expenses, she put the money in a bag and fastened it in a canvas pocket tied round her waist under her clothes. The prisoners at about 12.30 took the bed to the boat. On the way we all went to the "Black Bull" and had a drink, when I left. The prosecutrix came back to my house; had dinner. I went with her to the boat and left her there at about 3.45. At about 4.40 Coughlan asked where prosecutrix was. I said she had gone—I had left her on board the boat with the steward. Another man was outside with him and Coughlan went out and said, "She is on board."
MICHAEL ROSS , second steward, s.s. Lismore. On February 9, at about 4.30 p.m., I saw prosecutrix with Miss Barry in her cabin. The bell rang and I went to the cabin and saw prosecutrix and McCarthy seated inside. McCarthy said they wanted a light in the cabin. I said the dynamo would start in a few minutes and they would have a light. As I left the cabin McCarthy followed me outside the door and said that the old lady was his grandmother, asked me to look
after her on the way over as she had plenty of money; that she had a lot of money on her; that she was very mean and would rather starve than pay for any food. I said, All right, I would tell the stewardess when she came to look after her. He then returned towards the cabin and I left. The light was turned on about 10 minutes afterwards. I next saw prosecutrix about 7.30. Her mouth was bloody and she was in a dazed condition. A fortnight afterwards I picked out McCarthy from a number of others at the police station.
Cross-examined. I think it was McCarthy I saw in the cabin-not Coughlan. It is quite possible there were two men in the room at the time. I am not quite sure that McCarthy was the one who spoke about her having a lot of money. I have no distinct recollection of seeing anybody else there.
ARTHUR GREADON , deputy steward, s.s. Lismore. On February 9, at about 11 a.m., I saw prosecutrix on board the Lismore with two men, one of whom was Coughlan. They brought two bundles and some beds. One of the men told me it was the old lady who was travelling, but she hadn't then got her ticket; that her husband had died and left her some money; that he was a distant relation. He asked when the boat was starting and I told him. I think it was Coughlan who spoke to me.
Police-constable JAMES SMITH, 143 H. On February 10, at 2.40 a.m., I arrested the two prisoners. I told Coughlan he answered the description of a man wanted for a robbery with violence, and that I should take him to the station. He said, "You have made a mistake; my name is McCarthy." McCarthy said nothing. I took them to the station; they were searched. On Coughlan was found a 2s. piece and 3 1/2 d. in bronze. On McCarthy 6d. silver and 4 1/2 d. bronze.
Detective HENRY DEEMER, Port of London Police. On February 10, at 1.20 a.m., I received information of a robbery with violence on a steamship. I was with another officer in Prusom Street when I saw the two prisoners and the last witness standing outside Coughlan's house. Smith caught hold of Coughlan and said, "I will take you into custody for highway robbery with violence." After the officer and Coughlan had walked some little distance McCarthy turned to me and said, "Bligh' me, are you going to lock him up for highway robbery with violence? I took the goods on board the ship with him." I touched McCarthy on the arm and told him he would have to come to the police station with me. He said, "Very well, I will come." On the way he said, "We put the goods on board at 12 o'clock; we had a drink with Mrs. Cocklin, and we have not been on board the ship or seen Mrs. Cocklin since." He said he had been with Coughlan all day. The Common Sergeant held that there was no case for McCarthy to answer.
dock I saw McCarthy. He said, "Where have you been?" I said, "Well, I have got 24s." He did not ask me where it came from. We went off the wharf to where a relation of his was lying dead and came home at 1.30 or 2 a.m., when we were arrested.
Cross-examined. I have known prosecutrix since I was at school—she lived at my father's house until last week. McCarthy and I went to school together, and I have known him ever since. On February 9 prosecutrix asked me to take her bags and bed to the ship; I asked McCarthy to help me, and we took them on a barrow at about 12. She had drawn her money from the bank an hour before, she told me, she did not say how much it was. I told the steward she had plenty of money. At 1 p.m. we took the barrow back. We went with prosecutrix to the "Black Bull" and had a drink, leaving there at 1.55 p.m., and then went to the infirmary to see my brother. At about 5 p.m. I and McCarthy went to Miss Barry's house, 29, New Gravel Lane, and asked where the old lady was. She said she had gone to the boat. When prosecutrix gave me 3s. for taking the things she said, "Come round about five o'clock and I will give you what I promised you." We then went on to the boat, and I asked where the cabin was and saw her there. She said, "You had better go; here is a penny to buy a packet of cigarettes." McCarthy then went out of the cabin. I asked her for what she had promised me—that was the price of a week's work for various jobs I had done for her; she said, "I will be over in three months' time." I then snatched her purse from her hand and pushed her, put my hand on her shoulder, and she fell against the partition. I cannot say how she got the scratches or the mark on her mouth. I never had her pension book, chain, or brooch—I know nothing about them. I was talking about her having a pleasant voyage and the weather and so on. I spoke to the steward about the light, said that she had plenty of money, and asked him to look after her and see she had some food.
Verdict, Coughlan, Guilty of robbery with violence; McCarthy, Not guilty.
Coughlan confessed to having been convicted at Thames Police Court on March 28, 1907, receiving eight weeks' hard labour for stealing 14s. from a till; three summary convictions for drunkenness and disorderly conduct were proved.
Sentence, 15 months' hard labour.
Mr. Henderson prosecuted.
JOHN HALL OSBORNE , 4, Lloyd's Avenue, E. C., merchant. On February 22, 1910, prisoner called at my office, presented a form (produced) and said that he wanted 30s. for the insertion of my name in Murray's Commercial Directory. Prisoner produced also another form, agreeing to pay 30s., purporting to be signed "J. N. Osborne per C. M. Ross." My clerk, Ross, brought the two documents in
to me. I saw the prisoner and asked him what directory it was. He told me "Murray's Commercial Directory." I went into the inner office, where there was a detective who had come to see me on another matter, and charged prisoner with attempting to obtain 30s. for insertion in a bogus directory. I had given no instructions to prisoner to insert my name in any directory. The detective said he was a police officer, and that I was giving prisoner into custody for attempting to obtain 30s. fraudulently. Prisoner was then taken to the station.
Cross-examined. I received the papers from my clerk. Prisoner asked me for 30s. He did not say, "This is for correction and renewal." I did not say, "There are no corrections to make." I asked my clerk, "Is this your writing?"; I do not remember what he said. I have signed orders for the insertion of my name in other directories. I told prisoner I would look up some receipts and see if I had paid that amount before. I did so to gain time.
Cross-examined. On February 22, at 11.15 a.m., I saw prisoner. He said he had called for 30s. due for the insertion and presented the slip produced. He did not say he had called for corrections. He said he had called to collect the money. I took the papers to Mr. Osborne, returned to prisoner, and asked him what directory it was for. Mr. Osborne asked, "Is this your writing?" I may have said it was my writing. I have signed other orders for insertion in directories. I wear prisoner did not mention the words, "Corrections and renewal."
Re-examined. I have never signed an order for an insertion in Murray's Commercial Directory. At the time I may have thought the paper was signed by me.
Detective SIDNEY HARRIS. On February 22, at 10.15, I went to prosecutor's office. At 11.15 he spoke to me and I saw prisoner in the general office. I told him I was a police officer and asked him what directory he represented. He said, "Murray's Directory." I said I had reason to believe it was a bogus directory. He said, "A man gave me this slip of paper, sent me here and told me there was 30s. to pay. He is waiting round the corner." I asked him what the man was like. He said, "Well, I don't know—I have only seen him once or twice before." I then took him to the station. After being there some time he described a man to me. He had then in his hand four exhibits (produced)—the order form, a book cover, and a description: "Murray's Commercial Directory: Home, Foreign, and Colonial Trade, containing the names and addresses of all the principal manufacturer: and wholesale and retail firms in England, Scotland, Ireland, and Wales, arranged in four sections, with classified alphabetical lists. Trade section classification, Smith, D., 85, Queen Street, music ware-house." Then there is a receipted form, "Murray's Commercial Directory, Palmerston Buildings, Old Broad Street,. E. C. Received from," etc.—this form bears an erasure, and by looking at it through a magnifying glass I have made out it contained other words, as I show in Exhibit 5 (produced). He had both those documents in his hand.
In answer to the charge he said, "I do not travel for Murray's Directory at all." On inquiry I find that there is no such publication as Murray's Commercial Directory. On searching him I found Exhibits 6 and 7—"London Directory, 25, Abchurch Lane. Insertion charges—capital,—, 5s. Each extra line 3s. None but official lithographed receipt form will be recognised. Classification,—, encaustic tile manufacturers. Name,—, tessellated ditto. 10s. to pay." That is a bogus form. Fastened with it are others. One is, "Please insert accompanying matter in next issue," etc.; that is for the London Directory. Then there are a number of order forms. Then Exhibit 7, "Messrs. Bickerstaffe, pay the Trades Directory of London and Provinces or order 6s.; the General Provision Company, Johnson, director." That is also a bogus directory. The London Directory, of 25, Abchurch Lane, is a genuine directory, but that form is bogus. The Trades Directory of London and Provinces does not exist. So far as I know prisoner has never been a canvasser for the London Directory. Then I found postcard, "13 February, Adolf Francis, Limited, proprietors and publishers of the British Mercantile Guide and British and Foreign Guides"—it was "149, Fleet Street, London," now is 32 to 32, Fleet Lane, Old Bailey—"You must report at once," addressed to Mr. Leigh Joyce, 32, Parkfield Street, Islington. Also a letter of February 9, "From the Theatrical Mission and Home, 92 and 121, Charlotte Street, Fitzroy Square. Gentlemen,—A Mr. Joyce called here the day before yesterday demanding payment of an account amounting to 30s. for an advertisement in the British Mercantile Guides. He stated that I have written a letter to your firm saying that the amount would be paid when called for, and on the strength of that representation Miss Hodgkiss, our secretary, paid the amount, at the same time informing Mr. Joyce that she knew nothing of the advertisement having been ordered. As I have no recollection of having written any such letter as alleged by your representative, I must ask you to be good enough to forward it to me. I may say on the 2nd Mr. Burt came to-day demanding payment of another account of 30s. I told him that until the matter was satisfactorily explained I could not authorise any payment, whether already made or not." I then searched his house and found telegram of "September 14, 1909, to Joyce, Oxford Road, Manchester. Stop all work," etc.; also envelope directed to Joyce, 22, Albert Street, Chorlton-on-Medlock. Also in his pocket receipts of Francis's directories.
Cross-examined. I made inquiries of Messrs. Francis, formerly of Fleet Street, and now of Fleet Lane, and found that prisoner had been employed by them, had been discharged, and had been taken on again.
Detective-inspector HALLAM. I made inquiries at Palmerston House and found there is no such persons as are described as publishers of Murray's Commercial Directory, also at the British Museum, and other libraries, at Stationers' Hall, and find there is no such directory as Murray's Commercial Directory.
ANNIE HODGKISS , secretary to Theatrical Mission and Home, 121, Charlotte Street, Fitzroy Square. On February 7 prisoner called and asked me to pay him 30s., which he said was for an advertisement in the British Mercantile Guide, handing me form produced. I paid the 30s. and prisoner gave me receipt produced. I told prisoner I knew nothing about the matter, I had only been in the mission six months, and asked him to call again. He said his firm, Adolf Francis, had received a letter signed by our managing director, saying that if the collector would call the money should be paid. On that I paid the money. Neither the managing director nor myself have written such a letter.
Cross-examined. I do not know that the previous secretary had given orders for an advertisement. Prisoner said he wanted 30s. in payment of an advertisement. I said on his explanation that I would pay it and he receipted the bill. He mentioned the name of the managing director, "Mr. Arthur Rees."
VICTOR PARTRIDGE , secretary to Adolf Francis, Limited, 32, Fleet Lane. Prisoner had no authority from us to demand 30s. from the Theatrical Mission—there was no insertion in our directory of an advertisement of the Theatrical Mission.
Cross-examined. I have been at the office whenever the prisoner has been there and never heard the name of the Theatrical Mission. Document produced is not my handwriting or any handwriting I know.
Re-examined. Receipt book produced is from my firm, which is issued to canvassers. Prisoner has been an authorised agent for us up to the time of his arrest.
Miss PELLANT, clerk to Adolf Francis, Limited. I have never made out account produced to the Theatrical Mission to my knowledge. It is a good imitation of my writing. I have charge of the books of my firm. There is no entry for an advertisement against the Theatrical Mission.
Cross-examined. Prisoner was employed by us for canvassing at Manchester, and we sent the telegram for him to stop work. He was dismissed and taken on again. He was working up to February 27, having been taken on again a little before Christmas.
VICTOR JOYCE (prisoner, not on oath). When I saw Mr. Osborne he asked me what I had called for, and the question is whether I tried to obtain 30s. or whether I asked for the corrections and renewal. In our way of business we always ask for the corrections and renewal and do not ask for the money first and the order afterwards. Then his clerk said that it was his writing on the order form, which since I have been committed for trial he denies. The question I want to leave with you is whether I demanded the 30s. or whether I simply asked for the renewals and corrections.
Convictions proved: November 27, 1906, at this Court, 18 months' hard labour, in the name of Victor James Dawson, for conspiracy and fraud; April 5, 1898, Oxford Sessions, 12 months' hard labour and three years' police supervision, for obtaining two gem rings by false pretences; June 20, 1897, Brighton Quarter Sessions, five months' hard labour, for stealing rings and fraud; November 7, 1893, South-Western Police Court, six months' hard labour, for stealing three rings. Stated to have been associated with other men convicted of bogus Directory frauds.
Sentence, 20 months' hard labour.
McCALLUM, Alexander , having been entrusted with two knitted coats and other articles, the goods of George Watson, did fraudulently convert the same to his own use and benefit; having been entrusted with £7 9s. 5d. in order that he might pay the same to George Watson, did fraudulently convert £2 7s. 10 1/2 d., part of the said £7 9s. 5d. to his own use and benefit, and having been entrusted with one waistcoat, the goods of George Watson, did fraudulently convert the same to his own use and benefit.
Mr. George Elliott, prosecuting, stated that after considering the matter and the explanation given by the prisoner, he was satisfied that there had been no fraudulent conversion, and he proposed to offer no evidence. With the consent of the Judge, the jury returned a verdict of Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Friday, March 11.)
SMYTHE, Arthur (48, billiard instructor), was indicted for that he did unlawfully conspire, combine, confederate and agree with certain persons giving the names W. Johnson, George Vane and J. Lees respectively by divers false pretences and subtle devices to obtain from Granville Hawley Egerton Cooke certain of his moneys with intent to cheat and defraud him thereof, and in pursuance of such conspiracy did unlawfully by false pretences obtain from the said Granville Hawley Egerton Cooke divers sums of money to the amount of £120 with intent to defraud, between January 18 and 25, 1910, in the City of London; and with a man giving the name of McGwin by divers false pretences and subtle devices to obtain from William Londesborough Towers certain of his moneys with intent to cheat and defraud him thereof, and in pursuance of such conspiracy did unlawfully by false pretences obtain from the said William Londesborough Towers divers sums of money and valuable securities to the amount of £500 and upwards with intent to defraud between April 27 and May 12, 1904; unlawfully by false pretences obtaining from the said Granville Hawley Egerton Cooke the sum of £15 on January 18, 1910, the sum of £50 on January 21, 1910, the sum of £25 on January 22, 1910, and the sum of £25 on January 25, 1910, and from the said William Londesborough Towers certain valuable securities, to wit, a banker's cheque for £100 on April 27, 1904, a banker's cheque for £50 on April 29, 1904, a banker's cheque for £20 on May 4, 1904, a banker's cheque for £128 2s. 6d. on May 10, 1904, and a banker's cheque for £150 on May 12, 1904, and from William Henry Thwaites 30s. on December 11, 1909, in each case with intent to defraud.
Mr. H. Du Parq and Mr. Leon Freadman prosecuted; Mr. Purcell defended.
GRANVILLE HAWLEY EGERTON COOKE . I carry on business in the name of Egerton Hawley, taking out patents in connection with the motor trade. I have been earning an honest living at that for about three years. I have been convicted of certain criminal offences, and have served my punishment. I met Smythe on January 17 last. I was with a lady in Tottenham Court Road. I have known him for about five years. The lady told Smythe I had just obtained £200 for the sale of a patent. I met Smythe next evening about 9.30. He said he had a friend on the racecourse who was in a position to get the names of winners of races on some occasions, and that he had an appointment at 11 o'clock at the "Bedford Head" with Mr. J. W. Johnson, who was chief clerk to a Mr. J. Lees, a bookmaker, of the Beaufort Club and Throgmorton Avenue. He said members of the Beaufort Club were guaranteed for £10,000 and betting would be safe. I never had a bet with him before. I met him at the "Bedford Head" about 11.30 that night. While I was waiting a young fellow came in and said, "Are you waiting for Mr. Johnson?" Smythe replied, "Yes." The young fellow said, "Mr. Johnson sent me to tell you he would be a little late." Smythe told me the young man was one of the under-clerks of Mr. Lees. He gave the name of George Vane. I know now his name is George Point. Johnson arrived almost immediately afterwards. I was introduced. It was arranged that Smythe was to find the winners from his friend on the course, that I was to find the money and Lees was to take the bets—I mean to say Johnson was to take the bets for Lees, the bookmaker. Smythe did not pretend in every case that the horse he recommended was going to win; he said in the majority of cases, He did not at that time say he was going to give me the names of horses that he knew had actually won. I gave Smythe three £5 notes that evening and Johnson gave me J. Lees' card. I have mislaid that card, but here is one exactly the same. It has got an address on the back, 24, Throgmorton Avenue. There was no address on the card he first gave me. On January 19 I met Smythe at the "Gresham" public-house near the Bank. He recommended me to back Newgrange for £2 to win. Smythe wrote out a slip, as I did not know how to do it, and I copied it—"Newgrange £2 to win, Hawley. J. Lees, Esq. January 19." He took me to the basement of 29, Throgmorton Street to hand this memo, of the bet to J. Lees. Immediately I got there Johnson appeared. This basement consists of passages and cross-passages, and I assume Johnson was hiding in one of these passages. I did not go into an office
there. I was told he had offices there. I was not told the time of the race in which Newgrange was running. I saw it in the papers. I think it was about 2.30. I went back with Smythe to the "Gresham." On the way there Smythe bought a paper and showed me that Newgrange had won. Next day I kept an appointment with Smythe at the "Gresham," when Johnson walked through the place as if he was taking bets. He gave me a crossed cheque for £82 10s. as my winnings on Newgrange. It was signed "J. Lees." I did not pay it into my bank. Smythe got it back. On January 21 I had an appointment with Smythe. When I got there a letter was handed to me (exhibit 3). I did not know the handwriting. The barmaid gave me a description of the man who left it. Later that day I met Johnson and Smythe at the "Talbot." Smythe suggested another bet. I drew—50 from my bank. I said I would not have a bet for more than £25. Smythe asked me to lend him £25. I said, "Is everything all right: is this bookmaker going to pay?" He Said "Yes," and on the strength of this I lent him £25 and gave him the other £25. He was to back Irish Channel £15 to win and Gretchen's Pet £10 to win. I then went with Smythe to the basement of 29, Throgmorton Street. Johnson appeared just as we got there. Johnson told me in Smythe's presence that Lees had offices at 24, Throgmorton Avenue. Later in the afternoon Smythe bought a paper and showed me Irish Channel had won and Gretchen's Pet had not run. He said with the stakes my winnings would be £42 10s. On the 22nd he gave me a cheque for those winnings signed "J. Lees," drawn on the same bank, The London and South-Western. Smythe said he had a friend at the "Black Horse," Tottenham Court Road, and if I entrusted him with the cheques he could get them specially quickly cashed and immediately get something on account. I told him I wanted to get these cheques cashed before I had any other bets. On the 22nd I drew another £25 from the bank and gave it to Johnson in Smythe's presence. I had to go to my business, and I entrusted Smythe to back the horse that his friend on the course recommended. Later in the afternoon I met Smythe again. He said he had put £25 on Le Viso, but it had not run. He said the £25 would be placed to my credit with Lees. On February 25 I met Smythe and Johnson again at the "Gresham." I had been looking at the racing news and found there was no racing. I told Smythe this. He said, "Yes, there is; there is a small private race down at Chelmsford amongst the toffs not mentioned in the papers." He said his friend would telephone him the names of the runners. He went out saying he was going to the telephone. He returned with the names of horses written down on a paper and recommended me to back Dik Dik for £50. Later I went to the bank and drew another £25 to make up the £50. Before doing that I said to Smythe I should have no more bets without seeing the bookmaker. He said I could see him. He went out. When he returned soon after he said, "Come with me to 29, Throgmorton Street." When I got to the bottom of the stairs Johnson appeared again. He entered into conversation, and then an old gentleman appeared without a
hat. Johnson said he was Mr. Lees. He said, "This is the gentleman who had £25 on Le Viso last Saturday: he has booked a bet for £50 on Dik Dik; if he brings over £25 before four o'clock the bet will be all right." Lees said, "Yes, certainly," and pointing to Johnson, he said, "This is my head clerk; I leave everything to him. Give the money to him; the bet will be all right." On the faith of that statement I withdrew another £25. I got to 29, Throgmorton Street at 3.55. As I was going down the stairs Johnson rushed after me and said, "Mr. Lees has gone out for the afternoon. Give me the money or you'll be too late for the race. I gave him the money in gold. He rushed up the basement and turned to the left as if going into an office. He returned almost immediately, Baying, "The bet's all right; Mr. J. Lees' son has taken the bet. Meet me this evening at 7.30 at the "Hog in the Pound," New Oxford Street. I met Smythe that afternoon. He said Dik Dik had won at 8 to 1 and with the stakes I had won £450. When Johnson introduced me to Lees he said I was Mr. W. Clifford. When Smythe told me Dik Dik had won I said. "Why did Johnson introduce me as Mr. W. Clifford?" He said, "You had won so much money in the name of Hawley that when I laid £25 on Le Viso for you I signed the memo. W. Clifford. I was afraid if you won any more the bookmaker would not pay it. I told him if Dik Dik won I should not endorse the cheque. The other cheques representing my winnings I had given to Smythe to see if he could get something on account. I said I would not have any more bets until they were cleared. He said he would get the memo, back signed in the name of Clifford. Two or three days after he gave me the memo. I noticed it had got the date of the Sunday following the Saturday on which the race was run. At my interview with Johnson at the "Hog in the Pound "he said, "You will be very careful to-morrow when you go for your £450 winnings on Dik Dik. As a matter of fact Smythe has not been getting the names of these winners from a friend on the course; he had been finding out the names of the winners after the races were run." That was the first intimation I had of any fraud on Smythe's part. I said I should call on Lees and ask for my stakes back. He said, "For goodness' sake, don't see Lees; meet me and Smythe at twelve to-morrow at the 'Gresham.'"Before keeping that appointment I went to Throgmorton Street to try and find Lees and failed. I afterwards went to the Beaufort Club. They said there was no one of the name of J. Lees there. I kept the appointment at the "Gresham." Neither Johnson nor Smythe appeared. At 1.15 the man who came to the "Bedford Head" and who Smythe said was one of Lees' under clerks came up to me and said, "Johnson sent to say he had been arrested for getting bets on after time." On January 27 I received a letter from Smythe saying "Great disaster. I have been shadowed these two nights. I am going away till it blows over. Some kind friend has put us away." On the 27th I saw Johnson in the "Coronet" public-house, Soho Square. Two or three people saw him. I do not know if he saw me. On the 28th I saw Smythe. I saw no more of him after
they got all my money. I got some cards printed with an address at Brighton at Smythe's suggestion. I was going there for a holiday, Several people knew of it. I told Smythe I should not be able to continue the betting transactions. He said, "That does not matter as long as you have a good address; Johnson can arrange for you to have a weekly account with a bookmaker. "I said, "I do not know what address I am going to." He said, "I have a brother at 4, Walpole Terrace, Kemp Town, and if I write him a line he will be very pleased to put you up. You had better get some cards printed; give one to Johnson and we will arrange for you to have a weekly account."
Cross-examined. When prisoner first proposed this matter he said, "I will show you how to make a lot of money." Up to that time I had never heard of people backing winners after the race. I know a man named Jacobs; I said before the magistrate that I thought he was a bookmaker's clerk. I have ascertained that he is not. I have not spoken a word to him in my life about betting. I never read the, sporting news in the papers. Smythe did not mention a word about getting bets by telephone after the race. I did not know till they had got all my money that Smythe got the names of the winners after the race. That statement was made to frighten me so that I should not go on. Up to that time I had not the slightest suspicion that it was not honest betting. I did not pay the first cheque for £87 10s. into the bank as I had plenty of money in my bank. I had known Smythe five years, and trusted him implicitly. I frequently do not pay in cheques for several days. If I had known the horses were backed after the races I should not have signed the cheques. I am an honest man at present. A man named Bullock, whom I have since discovered is a receiver of stolen property, sent a man to me, and offered what he alleged to be a diamond ring. I had no transaction with Bullock at all; I did not know it was his property. I got the cards printed in Charing Cross Road, and paid for them. Smythe suggested it. I did not know he had a brother at Brighton. My business is taking out patents, designing improvements in motors, and getting them on the market. Before that I served 21 months' imprisonment t Birmingham. That was for having a fur collar fitted to a coat that belonged to me. I did not pay for the collar, and I suppose that constituted the offence. Before that I was sentenced to three years' penal servitude at Liverpool Assizes for stealing. I was also sentenced to 12 months' at this court on April 25, 1898, for getting goods from people who advertised in the "Exchange and Mart." Everything was returned in that case. I was convicted in the name of Simpson at this court on July 20, 1896, and sentenced to ten months' hard labour. Notwithstanding that career I ask the jury to believe me. I went to Smythe's house after I had been to the police to try to ascertain the names of the three other men in the conspiracy. I did not go there for the purpose of getting money; I refused it; it was offered to me.
Sergeant HERBERT SAUNDERS, D Division. I went with Sergeant Durrant to 14, Devonshire Street, Bloomsbury, on January 30, at 1 a.m. to arrest prisoner. He was in bed. I told him we were police officers and held a warrant. I read it to him. He said, "Who is prosecuting?" I said, "Mr. Hawley." He said, "You do not mean to say he has got a warrant? He was trying to have a bit on after the races were run, and he got done. He is as bad as the rest of us. We know a bookmaker who will take a bet ten minutes after time, but he discovered it in our case. I have got a complete answer to it. He is a fine chap to prosecute; it ought to be he who ought to be prosecuted for trying to do the bookmaker." I took him to Tottenham Court Road Police Station. He made no reply to the charge.
Police-constable THOMAS DURANT, E Division. There is no 24, Throgmorton Avenue. I know 29, Throgmorton Street. It is a large block of offices. The public have access to the passage from Throgmorton venue to Throgmorton Street.
WILLIAM LONDESBOROUGH TOWERS , chemist, Railway Street, Chatham. I met prisoner early in 1904. I knew him as W. Johnson. He said he was on the Stock Exchange, and that his father was one of the biggest bookmakers in London at the Beaufort Club. He said he was managing a book for his father. He introduced a man to me who, he said, was his head clerk. I made a bet with them and drew a cheque for £100. It was passed through my bank, endorsed J. W. Johnson. Each time I won they said I had to pay my stakes or it was no bet. I was to have the balance at the end of the week. I did not make the bets; they were to find the horses for me. I had other bets of £50, £20, £128 2s. 6d., and £150. They told me I had won, and persuaded me to go on. When I had won a lot of money they turned the thing upside down and made out I had lost. I never got any money from them. I did not see prisoner for a long time afterwards. I wrote to him, but the letter came back. He came down to see me at Chatham, and said I and his head clerk had been trying to swindle his father. He said it could be easily settled by paying the money.
WILLIAM HENRY THWAITE , 37, Stanstead Road, Forest Hill. Prisoner was introduced by a friend of mine named Brown as Arthur Collins. I met him in connection with a game of billiards at the "Bay Tree" public-house in November last. He told me he had a good thing and suggested we should have a fiver on a horse that day. I said I was not in a position then to put on a fiver. Then he suggested £1, and he would make up the rest. He introduced me to a man at Palmerston House who, he said, was a nephew of Mr. Ward, a bookmaker, with whom I had had dealings. He said we had won at 4 to 1, and I was to see him in the morning and we would go and draw the cheque. I met
Smythe about 10.30 on the Saturday evening. He said, "I have been looking all over the place for you: I have a cheque for £35.' This is the cheque. It is drawn in the name of W. J. Ward, payable to my order. That evening I went with him to Forest Hill Hotel. After he came out from playing snooker pool he said to me, "I am rather short of money: let me have a sovereign or so on the cheque." I think I advanced him £1. On Monday morning I went to get the cheque cashed at Finchley Road. They marked the cheque "N. A."
ARTHUR SMYTHE (prisoner, on oath). I am a professional billiard player and have been engaged in teaching some distinguished people. This is the first criminal charge that has been brought against me. I first knew Mr. Cook nine or 10 months ago. His statement that he has known me five years is false. I did not know his past history. Our first conversation was about some transaction with Bullock. I knew Bullock. Cook told me Bullock had sold him some stolen property and that he had found out they were not worth the money he asked. He thought I might assist him in the matter. We went to see him. I knew Bullock as a bookmaker and a friend of Cook's. It was arranged they should come to a mutual settlement. They showed no anxiety to have any legal inquiry; in fact, Bullock said to Cook, "Both our pasts will not bear inquiring into: I think we had better settle it by having a drink." I do not know that Bullock is a felon. The transaction with which we are now concerned was first mentioned in the same public-house; we then adjourned to the "Bedford Head," Johnson, Cook, and myself. Johnson suggested to Cook that he knew a book-maker in the City who was lax in his methods at this time of the year and would take a bet a few minutes after the horse had won, and Johnson suggested to Cook that, he being a stranger, he could get him an introduction to this bookmaker. Cook said he could provide the money required for the purpose. Johnson told Cook that with my knowledge of racing matters I should be a very good one to provide him with the winners. I was to get the result of the race after the horse had won by telephone and give it to Cook. He was to hand the bet and money then to Johnson. The object was to cheat the bookmaker. I have lost £2,000 that way myself as a bookmaker. Cook knew the character of the transaction before ever a bet was made. What he says is not true and it is not the only lie he has told. I admit saying what Sergeant Saunders has said. The first bet took place on the Wednesday when Cook handed Johnson three £5 notes. He did not hand the money to me. Johnson told Cook he had received a cheque from the bookmaker and I believe he handed it to Cook. There was another bet made on the Wednesday after he received this cheque. On the occasion
when he drew £50 from the bank he handed Johnson £25 to put on a horse. I did not borrow £25. I had great difficulty in borrowing £5. On every occasion he handed the money and the bet to Johnson. I was to have a third share in the results, Johnson and Cook the other two-thirds. Cook was to have his stake money back. I believed Johnson was able to carry out the arrangement with the bookmaker or I should not have wasted my time. I did not know there was no such person as Lees. I had nothing to do with the betting; my part was simply to get the results of the races. I did not offer to cash the cheques for Cook; I do not think he would have trusted me with any money. Johnson suggested paying the cheques into his own account, as Cook said he was rather afraid to pay them into his bank in case the bookmaker should trace them at any time afterwards. The account Cook produced at the police court is one I gave him of his dealings with me. That terminated the whole of our betting. They were of an ordinary straightforward character. I was making a book in the City at the time. Mr. Towers lost his money. Those transactions were perfectly honest and above board. I believe Mr. Thwaite lent me 30s.
Cross-examined. Mr. Thwaite's evidence is fairly true. I did not go under the name of Arthur Collins; that is a slight error he made; I went under my own name, Smythe. When I was making a book I did business in the name of Johnson. I had known W. Johnson five or six years as a frequenter of the City and bookmaker's clerk. I had no reason to think there was no Mr. Lees, a bookmaker. It is not necessary that a man should be a bookmaker to belong to the Beaufort Club. I am not a member, but I train people to win their handicap there. I did not tell Mr. Towers I belonged to it. I told him I betted on the Stock Exchange, which was true. He knew me as Walter Johnson. He owed me a large sum of money; he paid it and I gave him a receipt. As far as I know he was straightforward in his dealings with me. I do not suggest that he tried to sharp me. I think he has been prompted to say I owe money to him. It is not true that I went to Chatham to threaten him. I was playing a billiard match at the "Bull," Rochester, and asked him to come and see the match. It is absolutely untrue that I threatened him with proceedings because he tried to swindle my father. He has been prompted to invent that story I do not say who prompted him. I have seen Johnson at race meetings. He is not a relation. I do not call this transaction entering into a criminal conspiracy, because I have been caught myself. There are many shady things done at racing. If a bookmaker takes a bet after the set time of racing he does so at his own risk. He pays through his lax methods. I knew very little about Johnson. I was not aware any part I took in this matter was criminal, otherwise I should not have done it.
Sentence, Four months' imprisonment, second division.
BEFORE THE COMMON SERJEANT.
(Saturday, March 12.)
Prisoner pleaded Not guilty of being a habitual criminal.
Mr. J. P. Grain prosecuted.
Detective-sergeant FREDERICK BAREHAM, City Police. On February 28 I served copy notice produced upon the prisoner in accordance with the Act that he would be charged with being an habitual criminal. On his arrest on the present charge I asked him if he could give me any information and he said he could not do so. He was arrested 20 days after he came out of prison. He gave no information as to any work he has done.
Detective-sergeant PETER WHITE, R Division. I was present at South London Sessions on August 15, 1900, when prisoner was sentenced to 23 months' hard labour for stealing a costume after several previous convictions.
P. C. DANIEL WATTS , Metropolitan Police. I was present at North London Sessions at Newington on March 4, 1908, when prisoner was sentenced to 21 months' hard labour for larceny and receiving after previous convictions. Prisoner was arrested 21 days after his liberation.
Verdict, Guilty. A large number of other convictions commencing in 1889 were stated.
Sentence, Three years' penal servitude, to be followed by five years' preventive detention.
COATES, Daniel (53, labourer) , who had been found not guilty upon another indictment (see page 581), was now indicted for stealing one gun case containing one gun, the goods of the Midland Railway Company, and feloniously receiving the same.
Mr. Bodkin prosecuted; Mr. D. White defended.
DANIEL GUNN , guard, Midland Railway Company. On December 3, 1909, I was in charge of the 5 p.m. train from St. Pancras to Sharnbrook, stopping only at Luton and Bedford. Gun case produced was handed to me at 12 minutes to five and put in the back part of my van. At three or four minutes to five I went down to see that the engine was properly coupled, to give the driver certain instructions, and to test the automatic vacuum brake. I then started the train, jumped into my van and immediately missed the gun case. The owner, Mr. Hett, claimed the gun case at Sharnbrook; I informed him it was missing and reported it to the stationmaster.
Cross-examined. I do not remember seeing the prisoner.
CHARLES HARRIS , manager to the executors of Greaves, 262, Mile End Road, pawnbrokers. I have known the prisoner five or six years under the name of John or James Lewis, as pawning goods at my shop. He lived in Burdett Road—No. 18, I believe. On December 4, at about 7 p.m., gun case produced was brought to me y the prisoner. I asked him who it belonged to; he said it belonged to a medical student who had lost money playing at cards and wished to raise some money on it, who was lodging with his sister (who kept a boarding house at 18, Burdett Road, I understood), and where the prisoner lived. He did not give the address of the medical student, as far as I know—I made a note that it was at his sister's house. I accepted the gun case under special contract produced, "Pledged December 4, 1909, by James Lewis, 18, Burdett Road, for E. E. M. Herschell, 5, Anthill Road, Bow." I should ask the name of the owner and the pledger of the article as it is necessary to put it on the duplicate and that is the answer prisoner gave. I cannot say where I got "Anthill Road" from—no doubt I got it from prisoner. Anthill Road is not far from Burdett Road. I advanced £5, which I handed to the prisoner in coin, and he signed the contract note at the back in the name of "D. Lewis." His name in the front is given as James Lewis.
Cross-examined. I have had a great many transactions with prisoner and have had no trouble with anything he has pawned, excepting this gun case. He has never brought stolen property to me, to my knowledge. I knew him and should not ask his name. I may have said he lived at 16, Burdett Road—I do not know whether it was 16 or 18. Many people, no doubt, pawn goods in false names and false addresses—I do not make inquiries. I should not regard prisoner as a professional pawner—I understand that to mean one who buys things and pawns them for an amount above the price paid. I should say prisoner has for a number of years pawned goods for other people. He has pawned jewellery for ladies with me—I have had no trouble with it. I am not certain whether he called himself "John" or "James" Lewis. Prisoner was a respectable man as far as I knew. I cannot account for the Anthill Road address, except that the prisoner may have said that the owner was living there. I am no judge of the value of guns. I do not suppose I have received more than than six in the 30 years I have been with my firm. This case has the name on it, "Blanche and Son, Gracechurch Street." The articles pawned by prisoner have usually been redeemed.
Re-examined. Prisoner has pawned things before and since pawning this gun case—he has pledged some other guns and clothing since—a suit of dress clothes, a lounge suit, a pair of brown boots, and one or two other suits of clothes. I have no recollection of putting questions to prisoner as to whom those belonged to.
Detective WILLIAM GEORGE, F Division. On January 7, 1910, I received information and saw prisoner in the Mile End Road. I followed him to 16, Burdett Road and arrested him there. No. 18, Burdett Road is an empty house. On February 23 he was charged with
stealing and receiving this gun case, the property of the Midland Railway Company. In reply he said, "I never was at the station."
Cross-examined. The charge on the charge sheet is "stealing and receiving"; I did not charge prisoner merely with stealing. Search has been made at Scotland Yard and there is no conviction against the prisoner that I know of. I received a description of prisoner from Harris. When I arrested him it was on another charge. I do not know anything about prisoner's character.
DANIEL COATES (prisoner, on oath). I have lived at Mrs. Berryman's, 16, Burdett Road, for 20 years. I am by trade a surgical instrument maker, but have been suffering for some years and have been unable to work. I saw my late employer in December and he said he would give me another start in January. I told the officer nothing about my employment, as I did not want my employer to know I was in trouble. Since I have been idle I have for a number of years been pawning articles with Harris for lodgers of Mrs. Berryman's. She has people from South Africa. There has been no trouble with reference to any previous pawning. On December 4 a young man whom I had known for about two months, and for whom I had pawned an overcoat one day and got it out the next, met me in the Mile End Road as I was going on an errand to the bootmakers for somebody else, and asked me if I could go up the road for him and pledge something. I said I could not go for about an hour and he asked me to meet him by the canal bridge. I met him there and he gave me the gun case and asked me to get £5 on it. He said he only wished to pawn it for a day or two until he got some money from home, that he was a medical student and had lost money at cards—I said that to Harris. I had no idea the gun was stolen or I should not have taken it. I was not near St. Pancras Station on December 3—I told the detectives so. The young man said he did not like going into the pawnbroker's. I have pawned things for Mrs. Cohen—the last was a diamond ring pawned for £12 or £12 10s.
Cross-examined. I have stated everything the young man told me as far as I recollect. He is of middle height, very gentlemanly looking; he gave me the address of Anthill Road. I have known him for about two months, and have met him nearly every day at the Royal Hotel with about six other young men—I used to go there to fetch bottles of stout. Mrs. Berryman is not my sister, but some people have taken her to be. I did not give this young man's address as 16, Burdett Road—I did not know where he lived. I pawned an overcoat for him in my own name towards the end of November for 8s. or 10s. with Harris and I redeemed it the next day. I have heard him called "Jim" or "James" by his companions. I always called him "Sir." He told me he was a medical student—he did not tell me what hospital he was walking. On December 4 I met him at about 5 or 6 p.m.; it was quite dark and raining hard. He said he would go home and fetch the thing he
wanted me to pawn. I said, "Why do not you go yourself," and he said he did not like going into such places. A lot of people do not like doing so: I did not like it myself at first, and that is why I did not give my own name. When I met him at the Canal Bridge he gave me the case wrapped in brown paper; I said I could not carry it and he brought it opposite the pawnshop. He wrote the name and address on paper, 'E. E. M. Herschell."I asked him what name I was to pawn it in, and he wrote it on a piece of paper in the street, which paper I gave to Harris or to the assistant. I received the pawn ticket in an envelope. I took the gun case out of the paper and handed it over the counter. I did not notice the initials "E. E. M. H." on the case. I signed the ticket on the back without reading it. I received the £5 and took it to the young man who was standing in the doorway of the "Three Crowns." He asked me to have a drink and gave me 2s. The light-coloured gun case produced, for the stealing and receiving of which I was tried and acquitted some days ago, I received at the "Black Boy" public-house nearly opposite Harris' shop from two young men. One said he had come from South Africa and he was leaving for Buenos Ayres. He was not a lodger at Mrs. Berryman's. I had known both the men by seeing them about for about three months. I did not know what they were—they looked very well to do. I have heard them talk about going to shooting matches. One was called "George" and the other, who gave me the gun case, was called "Mac." They said they would give me half-a-crown. I did not notice it was a gun case or that it had the initials "J. R. M." on it. Harris asked me for the name, and I went back to them and got the name and address written on paper and handed it to Harris. I told him it was from a young fellow who was going to Buenos Ayres or had come from South Africa. I did not notice that the name was Merson. I never said that Merson was my employer. I got £10 on that gun case and gave the money to the young man. I heard Mr. Menzies say in court that it was his gun case and that he had given £160 for it.
Re-examined. At the police court I was represented by a solicitor and acted on what he told me to do. The officer came to the cell door and asked me if I could tell who the men were from whom I had received the guns. I said "No, you stopped my bail. Had you let me get bail I might have gone and found them." In the present case I told Harris that the young man was a medical student, as he had told me. Burdett Road is near the East and West India Docks, and many persons coming from South Africa lodge at Mrs. Berryman's. It is also not far from the London Hospital.
Cross-examined. I keep a boarding house and have many ladies and gentlemen and their families coming from South Africa. I have not had medical students, but I have had a barrister.
Cross-examined. I keep a refreshment house and have employed prisoner to pawn things for me, because I do not care to go into those places. He has pawned one or two very valuable diamond rings which I have not been able to redeem, also household linen, etc.—I have been very ill to do since losing my husband, and having two children to support. I know 16, Burdett Road. I do not know any medical student living at 5, Anthill Road. I have never pawned any guns.
CHARLES HARRIS recalled. I have no recollection in the present case of receiving a piece of paper from the prisoner with the address of the owner of the gun on it. In the previous case I did receive the name and address on a piece of paper.
Cross-examined. I would not say I did not receive a paper in both cases.
Verdict, Guilty of felonious receiving.
On the application of Mr. Grain, who prosecuted in the previous case, and who stated that if sentence were deferred prisoner might give valuable information, sentence was postponed to next Sessions.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, March 12.)
JONES, Horace (32, merchant) pleaded guilty , of, having been adjudged bankrupt, that he did obtain credit from Bernard Beer to the extent of £50; from Thomas Coffin to the extent of £26 5s.; from Samuel Brown to the extent of £417 13s. 2d.; and from Andrews and Company, Limited, to the extent of £114 16s. 3d., without informing them that he was an undischarged bankrupt; having received £850 1s. 5d. from and on account of Bernard Beer, that he did fraudulently convert the same to his own use and benefit.
Sentence, Four months' imprisonment, second division.
Mr. Forster Boulton prosecuted.
Sergeant TILLEY, P Division. I was with Police-constable Allen on the night of February 7 in Half Moon Lane. I saw prisoner and another man standing at the corner of Beckwith Road and Half Moon Lane at 10.50. We watched them for several minutes. They walked
into Red Post Hill. Prisoner turned to the left, the other man to the right. I followed prisoner as far as Elmwood Road. He went to the letter-box there. I saw him pass his hand in the aperture. I then climbed into a front garden. From that garden I saw a lady coming along to post a letter. Prisoner then walked sharply away. There is a lamp close by the letter-box. She posted the letter. He then came back and put his hand in the aperture again. I lost sight of him for a few minutes while the lady was coming to post her letter. I kept watch on the letter-box the whole time. Then two gentlemen came along to post a letter. Prisoner walked sharply away again along Elmwood Road. I came out of the garden' and walked towards him. He was stopped by Police-constable Allen and taken to the station. I waited behind to examine. I was present at the station when prisoner was searched by Police-constable Allen. This long piece of cord with a washer at the end was found in his right-hand pocket, and this disc and box of bird-lime, and this chisel and file. The letter-box was smeared over with bird-lime.
Cross-examined by prisoner. I never saw you before.
Police-constable EDWARD ALLEN, P Division. I was with last witness. I only saw prisoner at the box. I do not know where the other man went. I arrested prisoner and took him back to the box where Sergeant Tilley was. I searched him, and found the things produced on him.
To prisoner. I did not say to you a fortnight before that I wanted you to do a job for me, because I wanted to be made sergeant. I did not give you the bird-lime, string and file. I did not ask you to break into a church.
GEORGE HUGHES , town postman, Herne Hill Post Office. At three minutes after midnight on February 8, I made a collection from the box on the corner of Red Post Hill and Elmwood Road. I found a sticky substance in the mouth of the box. At Herne Hill sorting office I examined the letters I took from that box, and found some sticky substance on one of the letters and a postcard.
HARRY BAILEY (prisoner, on oath). On February 7 I saw Police-constable Allen at 1 p.m.; I saw him again at 3.30 at Tulse Hill Station. He asked me to see him at seven at Lancaster Road; he would fetch me some food out and gave me 3d., and asked me to see him again at Half Moon Lane at 10.15. When I was going along Half Moon Lane I saw the two constables. They said to me, "You walk on and we will walk on behind." I kept walking on till I saw them turn up this turning that leads towards the letter-box. When I got to this letter-box they asked me to put this stuff to the mouth of the letter-box. When I had done that I walked back to the two constables. Police-constable Allen cut a piece off the string on the side of the wall of a house and pulled something from his pocket to tie on the end of the string. They helped me to put bird-lime on the string. I saw the lady come with a letter to post and went to the
letter-box again. Then the two gentlemen came along. I passed them on the opposite side of the road. Then the two constables came down on the other side as the two gentlemen were coming from the box. The constables asked them what was the matter with the box, or if anything was the matter with it. They said it had sticky stuff on it. We all went back to the box. They found the mouth of it all sticky. One of the gentlemen went and got some hot water in a basin and wiped off all in the mouth. They found birdlime on my hands. They took me to the station and found the three articles which these two constables had been working to me. I ought to have reported that to the inspector. The last time I was charged the same Constable Allen and Lee took me for a suspected person, while I was working for Mr. Clarkson. Walking along Lancaster Road to the station they said, "Shove this in your pocket," and when I got to the station they found what they call a jemmy. Detective Lee, from Dulwich Station, gave me the jemmy.
Verdict, Guilty; but the jury considered prisoner weak-minded.
Previous convictions were proved.
Sentence, Nine months' hard labour.
Mr. Purcell prosecuted.
Prisoner pleaded guilty of the assaults on Bell and Toy, not guilty of the assault on Hale with intent to rob.
WILLIAM ABRAHAM HALE , Hale's Stores, Drury Lane House. On Saturday, February 5, at 10.40, I was taking £300 in gold in a bag to the Temple branch of the London County and Westminster Bank. Just before I got to Melbourne Place, Aldwych, prisoner came up to me. He had something in his hand which I saw when he was in the act of striking me. He struck me eight or nine blows, several on the top of the head. I did not hear him say anything. I defended myself, but, finding I was getting the worst of it, I called for help. I saw someone near the skating rink entrance and got over towards there. As I got a little in the roadway he gave me two or three blows on the head. I think someone else can tell you what happened after that. I was bleeding very much. I then went to the bank, where the man is generally waiting for me. On coming back I met prisoner being brought back up Aldwych. I immediately recognised him; I said to the policeman, "That is him." I went then to King's College Hospital and remained there till 11 next day. Prisoner was wearing the moustache that was picked up. I have seen him before; our people know him well as being about the neighbourhood.
Cross-examined by prisoner. You tried all you could to get hold of the bag; you hit me with one hand and grabbed it with the other. I was on the left-hand side as I came down Aldwych. You did not say, "Why don't you look where you are going?" You said nothing. I defended myself all I could. After it was all over I was sorry I did not think of striking out more. I did not shout "Help" until you
struck me. I did not say in the police court when I first saw you you had something in your right hand but I could not say what it was. I could see it was a life-preserver. You were not carrying your gloves in your hand. You did not strike me in self-defence. (To the Judge.) Prisoner is a friend of a man who left me two or three months ago. He has been seen in his company very much.
WILLIAM JOHN WHALEY , railway parcels porter. On Saturday night, February 5, I was on my van in Aldwych. I heard cries of "Help. "I saw what I thought was two men fighting. I jumped out of the van as we were passing them. I saw that Mr. Hale's head was smothered in blood and ran after prisoner in the direction of the Strand, through a narrow courtway, Melbourne Place. There was a taxi-cab waiting, and just as prisoner was jumping into the cab he struck at me. I noticed he had an instrument in his hand. I rushed at him and got between him and the taxi-door, and as I put my hands up he attempted to strike me on the arm and head. I dodged it. He merely knocked my cap off. He struggled out of the grip I had on his wrist. He ran across the Strand. I followed as far as Surrey Street. I was rather afraid of losing my job and was going back to my van. When I got to Aldwych I saw prisoner being brought back by the police. I recognised him.
To prisoner. I did not see you take hold of prosecutor's bag. It was nightlight, and when I got near enough you ran away. I heard someone say in Surrey Street, "Look out, he has got a knife. "I tried to trip you in Melbourne Place, but did not. It was a slip when I said I heard someone say, "You had a knife in your hand." It may have been, "He has got something in his hand" It was something to that effect. That was not when we were at the cab. There was only me and another witness there when you tried to get into the cab.
THOMAS HANSCOMBE . About 10.40 this Saturday night I was in the doorway of the skating rink in Aldwych. I heard cries of "Police!" and "Help!" I looked across the road and saw prisoner attacking prosecutor, who was trying to protect himself and holding something back which he held in one of his hands; it looked like a bag. When he called for help I rushed across the road to his assistance. He then turned round with his back to prisoner, who took a stride forward and struck him on the back of the head. I thought he was using a knife. He struck him two or three times previous to the blow from behind. Then the railway man came up who jumped off a van. Prisoner then ran down Melbourne Place. I did not stop to look at prosecutor. His face was smothered in blood as I passed him. I followed prisoner. At the bottom of Melbourne Place, which is a sort of cul de sac, there was a motor-cab with the engine facing the cab rank, and its back to the court. It has no business to have been there at all. Prisoner ran round the back of we cab and endeavoured to get inside. The porter ran round the back and I ran round the front to stop him getting into the Strand, He struck at the porter and made off across the Strand into Surrey Street. I do not know if anybody was in charge of the cab. I
followed him through Surrey Street. He turned by a public-house at the corner of Howard Street and went along the Embankment to Temple Station. A constable came down from the top part of Howard Street and cut me off from prisoner at the top of the road. There were two men standing at the top of Norfolk Street. I heard the constable shout out, "Stop that man." One of the men attempted to hold prisoner; prisoner struck at him; the other held him by the coat. The constable came up at the time and all three held him. I did not know prisoner had anything in his hand until I found the life preserver. I handed it to the police in Aldwych. I only lost sight of prisoner once when he turned a corner.
To Prisoner. It was fairly light by the skating rink. It is rather dark at Melbourne Place where you made the attack on Hale. I could see you attacking him. You were on the pavement, not close to the kerb. You were striking with one hand and grabbing with the other. Prosecutor did not hit you. He simply protected himself. The magistrate asked me whether the blows were swinging blows. I said if they had been you would have killed the man. You were simply making a grab at something in his hand. I did not take particular notice of what anybody shouted. My mind was centred on not letting you get away. I did not shout, "Look out, he has got a knife."
Police-constable MICHAEL SHEARMAN, 430 E. I was in the Strand this night and heard cries of "Stop thief" in Aldwych. I ran into Aldwych and saw a crowd of people disappear into Melbourne Place. I ran into the Strand and saw a man cross the road, chased by a crowd of people shouting "Stop thief." He ran into Surrey Street. I ran down Norfolk Street and at the corner of Howard Street, which connects the two, I saw prisoner run through Howard Street towards the approach to the Embankment. I was five to 10 yards away. I called out to two men, "Stop that man." One named Bell caught hold of prisoner by the coat. Prisoner hit him with an instrument across the left arm. The other man, Toye, got hold of prisoner, who struck him two severe blows on the head. I then seized prisoner, who threw from his right hand that life preserver. Prisoner said nothing then. Last witness came up and said in prisoner's hearing, "This man has nearly killed a man in Aldwych, opposite the skating rink." Prisoner said nothing. Then Whaley came up and said, "That is the man; I tried to get hold of him in Melbourne Place, but he got away." I then took prisoner towards Aldwych, where we met prosecutor. I said to him, "You are the man who has been assaulted?" He said, "Yes, but he has not got the money." He was bleeding from wounds on head and face. He looked at prisoner and said, "You scoundrel" or "villain." I took prisoner to Bow Street, where he was detained, and when Mr. Hale come back from the hospital prisoner was charged with wounding with intent to rob. He said, in reply, "That is all right."
To Prisoner. When I saw the crowd in Aldwych I was standing opposite the Gladstone memorial. I could see the crowd down Melbourne Place, and when it crossed the Strand.
FRANK HERBERT BELL , engine fitter. I was in Surrey Street this night. I saw a crowd at the top of the street. I saw prisoner running. I heard them shout, "Stop that man; he has killed a man." Prisoner was running towards the Embankment. I stopped to see whether he turned up Howard Street or not. He did. He had something in his hand and struck me on the left wrist. The blow was aimed at my head. I twisted him round and he went towards another man, Mr. Toye, who was coming up on the right-hand side. I saw prisoner throw something away, which Hanscombe picked up.
To Prisoner. I caught hold of you by your coat. I was anxious to try and get you down.
SAMUEL THOMAS TOYE , porter, Norfolk Hotel, Surrey Street. I was in Surrey Street this night and heard cries of "Stop him." I saw a man running, followed by a crowd of people. When I got to the bottom of Norfolk Street prisoner came round the corner. Bell was in front of me. Prisoner struck at him. Bell twisted him round and caught him by his coat. Then I caught prisoner by the right arm. He struck me two blows on the head; what with I did not know at the time. It rather dazed me for the moment, but I did not loose my hold After a few minutes a policeman came up. I saw prisoner throw something away, which someone picked up.
Detective GEORGE GRACE, E Division. I was at Bow Street when prisoner was brought in. I saw him drop a squid of liquid cement. It was picked up and handed to me. Moustaches can be stuck on with that. Prisoner was detained until prosecutor arrived. He said, "I know this means ten years for me." In reply to the charge he said, "All right." I afterwards went to Aldwych and found this moustache. I showed it to prisoner, and told him where I found it. He said, "All right; it's a nice one, isn't it?"
FREDERICK AUSTIN (prisoner, on oath). I rent a bootmaker's shop under the County Council. On this Saturday night I had made an appointment with a girl outside the skating rink in Aldwych at 10.30. As it was likely her friend whom I also knew would be coming out at the same time, it was arranged so that her friend should not recognise me that I should wear a moustache. I was about ten minutes late. Not seeing her I concluded she had gone away, and was walking away myself. When I got to the corner of Melbourne Place prosecutor struck into me. I said, "Why don't you look where you are going?" He made no reply, but deliberately struck at my face. I put my hand up to guard the blow off, and drew back a pace, seeing he held a weapon in his hand. I was carrying gloves in my hand. I put them in my pocket and drew a life preserver from my back pocket. As I did so he struck me across the face with something he held in his hand. I retreated as he swung another blow at me. In doing so he overbalanced" and before he could recover I gave him two or three taps on the head with the life preserver. He said nothing, but looked
at me in a dazed sort of way. I said to him, "What is the matter? You have made a mistake." He shouted "Help," and again attacked me. Although he kept swinging the bag at my head it was easy for me to avoid it, and I was tapping him with the life-preserver to beat him off, protecting myself from his attack. Other people, then joined in the attack on me, but I do not think I struck anyone then. Someone in the crowd shouted, "Look out, he has got a knife." I turned round and saw prosecutor had what I thought was a long-bladed butcher's knife, and what now I think must have been a handkerchief. I thought they were warning me. I then ran down Melbourne Place. The crowd followed. I saw a gentleman get out of the cab us I was running. As he advanced I hesitated, and was pounced on by the crowd, and fell against the cab. Again someone shouted "He has got a knife," and again I broke away from the people who had hold of me. I ran across the Strand down the street opposite. My purse fell out of my pocket, containing about £8 10s. I half stopped to pick it up, but seeing the crowd was so near me I ran on. I did not hear any cries of "Stop him." I saw a policeman, and stopped with the idea of going to him for protection, when I was seized by the witnesses who have been in the box. I was violently butted in the testicles, which almost put me in a state of collapse, and I could not say whether I hit them or not. I was under the impression I was attacked by a gang that previously attacked me and left me insensible in a street off Seven Dials a fortnight before Christmas. That is why I carried the life-preserver.
Cross-examined. Mr. Hale's premises are just round the corner from my shop. I have been there about four years. I have no opportunity of knowing his movements. I had never seen him before. I have been in Mr. Hale's shop lots of times. I know one of his men who was discharged recently. I could not tell you his name. It never occurred to me that Mr. Hale intended to rob me. I did not call out "Police," because I had the life-preserver to protect myself. I did not say at the station that prosecutor was the aggressor; I was bordering on a state of collapse and in such pain. I said nothing to the magistrate or anyone, as I was going to obtain counsel. I did not say I had lost my money.
Sentence, Two years' hard labour for the assault to rob; Three months' hard labour for the other assaults, to run concurrently.
BEFORE THE COMMON SERJEANT.
(Monday, March 14.)
Mr. Barrington Ward prosecuted; Mr. T. E. Morris (at the request of the court) defended.
JAS. EMPERINGHAM HAKEMAN , 9, Park Lodge Villas, East Finchley, laundry proprietor. On October 16 I bought Gray's laundry; prisoner introduced it to me and told me what the business was. I went to see it and made inquiries. I told prisoner I heard that the sister, Miss Gray, had an interest in it and required that she should enter into the agreement. Prisoner procured a letter of indemnity signed by Miss Gray, which he showed to me, and said that in consideration of £20 she was to enter into an agreement not to interfere with the business. The purchase was completed on October 16 by agreement (produced), by which I was to purchase the steam laundry, 9, Park Villas, East Finchley, for £120, to be paid on October 16, 1909, up to which date all incomings, outgoings, and liabilities were to be borne by Gray, together with the machinery purchased on the hire system from Beard, of which I was to pay the future instalments. That is signed by prisoner. The formal agreement (produced) was entered into. I paid a deposit of £20 to prisoner and met Gray at prisoner's office on October 16, when I handed to prisoner £46 in cash and notes, for which he gave me receipt produced, "Re Gray, to Hakeman. Purchase money under contract to Mr. Gray, £130. I have received from Mr. Hakeman, on account of Miss Gray, £21, Donelly's cheque £12 10s., Beard's cheque £30, deposit £20, making £83 10s. Allowing, as agreed, re shortage of trade £10, making £93 10s. Balance due from Mr. Hakeman, £11 10s., making £105. Cash paid on account by Mr. Hakeman £25, making £130. Received from Mr. Hakeman the above-named amounts, leaving a balance still due of £11 10s. Henry Bonny, for G. W. Gray, 16/10/09." Prisoner told me that £21 was Miss Gray's share and said that Miss Gray had agreed to indemnify me against interference with customers or setting up opposition business for £21, payable at time of the completion of purchase, and that he wanted the money in cash as she was coming up the following day to receive it. The two sums of £21 for Miss Gray and £25 for Gray I paid to prisoner on October 16; the £20 deposit had been already paid. The three cheques were honoured. I left prisoner's office—I did not see him pay the money to Gray. I then entered into possession of the laundry and the landlord accepted me as the tenant. In November I received a communication from Miss Gray, saw prisoner, and asked him why he had not paid Miss Gray the £21. He said, "Considering there is this bother about the lease I thought it just as well to have it in hand." I pointed out to him that the lease had nothing to do with Miss Gray and that the money had better be paid to her. He said, "Well, I will pay her, then, if you have no objection." I said, "Certainly; send it on. It is nothing whatever to do with me." Prisoner said he had not settled with Gray.
Cross examined. An agreement was signed, dated August 30, by which I was to pay the further sum of £10 for the assignment of book debts, Gray undertaking to get them in and that Miss Gray should not in any way interfere or do anything to prejudice the business. It was not in respect of that £10 that Miss Gray was to give the indemnity.
Prisoner introduced this business to me on October 6. I knew he was acting for George William Gray. I knew then that he was to get an indemnity from Miss Gray and that she had a laundry in Frederick's place. I never saw Miss Gray during the negotiations. Prisoner wrote the account and receipt in the presence of G. W. Gray and myself. Miss Bonny may have come in to light the gas. The receipt was not written at Gray's dictation. I have kept the additional £10 because the trade was not as good as was represented. Beard's cheque was not presented at once, at my request, but it has since been paid. I never saw Miss Bonny witness the signature to any document. I saw Gray sign one document.
Re-examined. In November Miss Gray wrote asking me why her money had not been paid. I destroyed the letter. She was not a party to any of the contracts and that is why I required that prisoner should get an indemnity from her. G. W. Gray is an illiterate man and I am sure he could not draw up an account like the one produced. I am certain Miss Bonny did not witness any signature in my presence.
GEORGE WILLIAM GRAY , 76, Thurston Road, Putney. In the early part of 1909 I carried on business as a laundry proprietor at 9, Park Lodge Villas, East Finchley; my sister had an interest in the business. We wished to dispose of it. In the summer of 1909 I consulted the prisoner and requested him to rind a purchaser. I paid prisoner 10s. 6d. for advertising. I put the price at about £350. About August or September prisoner introduced me to Hakeman and I agreed to sell the business for £130. Prisoner told me Hakeman would not have anything to do with the business unless my sister was a party to the agreement and signed a document agreeing not to interfere with the business. I am not sure if I saw such a document signed by her as I am a man of no education. On October 16 I saw Hakeman at prisoner's office. He paid prisoner £21 in gold for my sister and £25 for me—prisoner put the money in a drawer. Prisoner made our document produced, which was signed by Hakeman. Hakeman then left and prisoner handed me £25. He said he would telegraph to my sister to say that the business was sold and her money was ready at his office for her. The machinery for the laundry was being purchased on the hire-purchase system; some instalments were due and there were other outstandings which were deducted from the purchase price. I went to prisoner's office on October 19. He sells businesses such as general shops, and he asked me if I would like to be a canvasser and that he would make it worth my while if I could get a client for him. Receipt produced is signed by me. On the back the initials "G. W. G." are not mine. The document gives an account showing a balance due to me of 12s. 7d., after deducting commission and charges, payment of £25, and the cost of documents. I never received the 12s. 7d. from prisoner. I never received the £21 from my sister. The initials "A. H. M. B.," purporting to be the signature of Miss Bonny, as witnessing the signatures, was not made in my presence. Miss Bonny was not there. "G. W. Gray" written on agreement produced is not written by me.
Cross-examined. I signed agreement of October 15, 1909, indemnifying prisoner for all money to be paid me. The document was read to me by prisoner. I never received the £21 which was to be paid my sister. I do not remember seeing document giving instructions to prisoner to sell the business—it is very like my signature, but I do not remember signing it. I did not expect prisoner to conduct the sale, etc., for the 10s. 6d. which I paid for advertisements when instructing him—he had his commission and expenses out of £20 paid by Hakeman as deposit. I deny that I received the 12s. 7d. or any other sum besides £25, which prisoner handed me after Hakeman left on October 16. I had had no quarrel with my sister. She had a laundry at Frederick's Place. Prisoner told me of the arrangement that my sister was to have £21; he knew that she had an interest in the business. I have not claimed the balance of 12s. 7d. from prisoner—I have only had £25 out of the whole business.
Re-examined. I did not know what commission was being retained by the prisoner. I had no independent advice. Prisoner drew up all the documents and I signed some of them. I am certain I received nothing except £25.
ROSALIND GRAY , 179, Buckingham Road, Southfields. In March, 1909, I was interested in the laundry carried on by my brother, G. W. Gray. In the autumn of 1909 I saw prisoner and arranged to claim £20 for my share. I told him he should have £3 for commission—that I would be satisfied with £17—and I signed a document to that effect. I received nothing. On October 16 I received telegram (produced) from prisoner, "Gray to Hakeman settled to-day." I wrote several letters to prisoner asking for my share, but he has not paid me. At the end of October I communicated with Hakeman and afterwards instructed my solicitor.
Cross-examined. I had had no quarrel with my brother. Prisoner wrote on October 4 asking me to see him about any claim I considered I had against my brother. On October 17 prisoner wrote asking me, as some of the matters were left over, to call on Wednesday. On October 18 he wrote, "Do not fail on any account to be here by one o'clock to-morrow, Tuesday, or you will be too late for anything. I must have your authority. The other appointment is for two o'clock." On that day he wrote, "As you gave me no power I have had to settle without reference to you. I am afraid I cannot do anything for you now as the clause in the contract has been abandoned by Hakeman, unless I can secure for you the balance due to your brother out of the amount retained in hand by Mr. Hakeman." I was not to receive the balance of £11 10s. due to my brother. I was to have £20. On October 28 I received letter (produced) from prisoner asking me to call on Sunday, and stating that he would show me the correspondence, and that he was sorry that I had not kept the previous appointment. I saw prisoner two or three times and asked him for my money. In November prisoner proposed to set up a transfer agency in Southfields, and agreed to pay half the rent of a shop that I should take—it had nothing to do with the payment of my £20.
HENRY BONNY (prisoner, on oath). Since 1898 I have been in business at Stafford House, Finchley, as a house and estate agent. I then entered the employment of Rogers, and have been eight or nine years on my own account. In May, 1909, Gray instructed me to sell his laundry for £450. I advertised it in the "Daily Chronicle" on May 28, received about 23 applications; advertised it again on July 28 and received reply from Hakeman. He viewed the place and made an offer to purchase on August 20, which Gray accepted. Miss Gray had nothing to do with the negotiations. In October I learned that Miss Gray had made a claim to the utensils and machinery and to £10 weekly worth of trade. On October 8 Miss Gray came to see me. I arranged, that she was to have £10, the additional purchase money included in the contract. The contract price was £120, but Hakeman agreed to give £10 more to Miss Gray if she gave an indemnity and an undertaking not to interfere with the business. On August 26 the offer which Hakeman had made was abandoned, because of the claims set up by Miss Gray. Another contract was drawn on August 30, which was repudiated by Gray September 13. On October 8 I saw Miss Gray and agreed that she should receive the additional £10. I never undertook that she should receive £20 or £21. The utensils she claimed were in the possession of the landlord and I satisfied her that she could not set up her claim against his right. She said, "I do not suppose my brother will keep that promise" (referring to the payment to her of the £10) "any more than the rest of the promises he made me." I said, "The best thing for you to do is to turn up on the day of completion—October 16." On that day Hakeman came to my office. Gray followed about an hour afterwards. I made out statement produced at the joint dictation of Hakeman and Gray, setting out the payment of £20 deposit, the amounts payable to the landlord and to Beard, the commission and expenses and the payment by Hakeman of £46, the receipt of which was signed for by Gray. Hakeman then handed me £46 in cash, which I put into an inkstand drawer on my desk. Document produced acknowledging the receipt and settlement of the matter was signed by Gray and Hakeman; I gave Hakeman a receipt and he left. I then handed Gray the £46 and two cheques payable to the landlord and to Beards; went through with him account produced showing the receipt of £20 deposit, the charge and commission, etc., amounting to £19 7s. 5d., balance 12s. 7d., asked him to receipt it, which he did, and handed him the 12s. 7d. Gray returned me the two cheques to be forwarded to Beard and the landlord. Miss Gray did not come on that day and on October 16 I informed her that the purchase had been completed. Hakeman had arranged to meet Beard and Co.'s representative at my office on Tuesday, October 19. I wrote to Miss Gray to be sure and be there on that day. Gray came at 2 p.m. and he signed receipt produced and initialled the total amount of the purchase money, £130. That was because I had nothing to show that I had paid him the £46 and that the clause relating to the £10 additional purchase money had been
abandoned. I afterwards saw Hakeman and Beard. Miss Gray did not come. I am quite certain that I handed the £46 to Gray on October 16 and that on October 19 Gray signed account produced.
(Tuesday, March 15.)
HENRY BONNY (recalled) cross-examined. There was a sort of half-and-half promise made by Mr. Gray that Miss Gray should be paid £10. It was to come out of the £130 purchase money. It was mentioned before the magistrates, I was rather excited there, and I do not recollect exactly what was said. Attention was called to the clause in the contract, and I think one of the Bench said that had nothing to do with the case at all. On October 3 I had an interview with Mr. Gray. Mr. Gray then told me to tell Miss Gray that she could have the £10 under the clause in the contract to shut her up. I repeated that to Miss Gray on October 8. It was to be a kind of present. She gave her undertaking to her brother not to interfere with our business in consideration for the £10. I never received £21 from Miss Gray on her behalf; I received £46 in hard cash for Mr. Gray, and I paid it over to him. I knew that £21 was to be received by Mr. Gray, but it was nothing to do with me; that was from the information they gave me. I wrote down on the two documents No. 2 and No. 5, signed by Gray and Hakeman, "Re Miss Gray £21."I simply wrote down what they told me. Document No. 6 I always kept; that was my receipt. The writing on the back of it was not there on October 16; it was put on on either the Monday or Tuesday following; that receipt was for my protection. Mr. Gray wanted me to give him that, but I told him that was to show my deposit account had been settled up when I paid him the 12s. 7d. Then he said to me, "I have nothing to show I have paid you £19."I said, "Very well, I will give you something when you come on Tuesday." On that date I gave him No. 7 with a copy of my receipt on the back of it. The figures I put at the back of No. 6 I got from a rough memorandum I made out to check the balance of money when I was paying over to Mr. Gray on the 16th. I wrote down, "Cash paid H. Bonny £25," because it was paid for H. Bonny. I ought to have put down the whole of the cash in one lump sum. That sum of £25 was put down simply for the sake of not writing out the whole of the documents again; one is to show the balance of the account. They were all practically done at dictation. You put a very different construction on those documents to what I intended. On November 28 Mr. Hakeman came to see me at my request about the assignment of the lease. He said he had heard from Miss Gray or Mr. Gray, I do not know which it was exactly. I swear he did not ask me why I had not sent Miss Gray the money. I heard Mr. Hakeman say that yesterday, but I did not notice that he was not cross-examined to it. It is untrue that I replied that the reason was because of the bother about the lease. It is untrue that he pointed out that the lease had nothing to do with Miss Gray or that I had suggested it was because of this clause in the lease that the money ought to be kept back. It is untrue that I then said to him
"I will pay you if you have no objection." I gave him the lease. I went across to Brussels and back again last January. I am constantly away from home, and letters are forwarded to me, and I either answer them by telling them on the telephone what to reply or I send rough drafts to be copied and sent on. I was not at Brussels on January 6 when the first letter was written by the solicitors. I had it about a week or ten days later. It was asking for Miss Gray's £17. I cannot say when I first saw it. My people see to the correspondence as well as myself. The reply to Mr. Jameson's letter was written by my daughter; I cannot say when. I was not in Brussels at that time. I keep in communication with my wife as to my whereabouts. I went to Brussels there and back; I was away 24 hours altogether; it was either January 5 or 6. When I came back I went to Sittingbourne for one day. I went back home about the 13th or 14th. I may have then ascertained that my daughter had written the letter: I do not know. My attention was called to the summons having been served three or four days after it was served. I dictated this letter: "You had better see the summons is immediately withdrawn and go into the matter with us, and then if Miss Gray or anyone else still considers or thinks they have any claim, you can then issue a writ, and we will accept service on behalf of Mr. H. Bonny. Yours faithfully, A. H. Bonny." That is my daughter. I say on October 16 Miss Gray had no interest in the business at all because she told me on October 8, which was the only time I saw her, that she did not expect her brother to keep the promise he gave her any more than he kept his previous promises to her. I sent her the telegram on October 16, so that she could see her brother and make any arrangements she liked. He promised to give her £10 before he spent the money and got rid of it. If she had seen him before that he would probably have given it to her. I say the whole of the money was paid over to Mr. Gray exactly as I received it when I received the telegram referred to. The telegram was already written out; it was not sent off till 8.3 on the Saturday night, but it should have gone before. I thought it had. Mr. Gray was there from 4.30 till 7 or 8 o'clock. The whole of the money had got into his hands that evening. After the completion, I next saw Miss Gray on November 19. I did not discuss the matter of the money with her; it had passed out out of my mind. I had nothing more to do with the business.
Re-examined. I wrote to Miss Gray on October 4 saying, "Your brother has authorised me to arrange any claim you consider you have against him." On the 8th she came. I then discussed with her about the payment of £10; I told her her brother was willing to give her the £10 additional purchase money named in the contract. On the 16th I sent her the telegram and the following day I wrote this letter, "Mr. Hakeman took possession yesterday and partly completed yesterday, but the outstanding rates, taxes, gas, etc., had to be left over, also part of the purchase money"—that was the £30 to Beard and Stonnell. On the 16th Mr. Gray, Mr. Hakeman, and myself signed a large number of documents and I received £46 from Hakeman, which I put in the drawer I have mentioned and handed the contents
of it to Mr. Gray. Mr. Gray then told me that £21 was to go to Miss Gray.
To the Judge. I had no discussion with Miss Gray as to whether she would be contented with £20 for her interest in the laundry, nor had I asked her whether my commission out it should be £3. Nothing passed about it.
ALICE HELEN MARTHA BONNY . I am defendant's daughter and assist him in the office. I have seen this document No. 6 before. The initials "G. W. G." on it are Mr. Gray's initials. I saw him sign them with my pen. This part of No. 6 is my father's commission account and expenses, coming to £19 7s. 5d. Document No. 5, the indemnity, bears my signature. It was written on October 16. Mr. Hakeman, Mr. Gray, and my father were present when I wrote it. My father suffers from epileptic fits and I was there to attend to him if he became ill.
Cross-examined. I write letters for my father if he is ill or away. I wrote this letter of January 10 (document 20), but I do not quite remember whether it was my composition or not. I believe I wrote it from a draft. This document 21 is my writing. I do not think I composed it. I do not remember. When my father is away, we sometimes arrange at what time he should telephone to us and I go down and wait for the message to come through at the post office. I cannot say where my father was on January 25. I have not a very good memory. I was told a summons had been issued. I cannot remember how I came to write the letter enclosing an extract from the summons. I suppose I must have had a draft to copy from. Now I see this document (22) I know I made the copy from the summons. I really cannot remember how I came to write the letter; that is the absolute truth. It was not dictated by my father; I am quite certain of that, because he was not in the house; he did not come home till the Sunday morning. There are three or four friends of my father who know all his business and could have helped in a matter like that. [Witness was asked to name one of them, but did not answer.]
Re-examined. This letter of January 25 was not written at anybody's dictation, because there was a draft letter written to me and I destroyed it afterwards; it must have been written from a draft. I cannot remember who wrote the draft. I have had things dictated to me on the telephone.
To the Judge. I remember my father going to Brussels. He was there two or three days, I think. While there, he only sent us a telegram saying when he would be home again. I will not be certain as to the time he was away; I do not remember.
THOMAS GEORGE ROGERS , surveyor, Cholmondeley Park, Highgate. I have known Bonny for about 13 years. He was in my employment for about nine years. During that time he was absolutely trustworthy and honest.
Cross-examined. He ceased to be in my employment about three years ago. He has had two of three transactions with me during that time. His financial position has not been good. I do not know that
he has been very much pressed for money or that there are a number of committal orders out against him. Since he left me I have not known much of him.
Detective-inspector THOMAS DUGGAN, S Division. I have made inquiries respecting the prisoner. He gave me the names of four persons to see and I have seen them. The first was Mr. Stockman, but he had only known him by sight. The second, Mr. Bennett, could not say anything in his favour. Mr. Bennett is overseer for Finchley and the prisoner has come under his notice in respect of the non-payment of rates. The third knew nothing about him and the fourth says he is one of the most mysterious persons in Finchley. He has not been convicted before. He pays no rates at all, not even the King's taxes.
Sentence, Nine months' imprisonment.
BEFORE JUDGE LUMLEY SMITH.
(Monday, March 14.)
BARNETT, Samuel (60, dealer), and GRIZZARD, Joseph (42, merchant) ; Barnett breaking and entering the dwelling-house of George May and stealing therein two watches and other articles, his goods, and feloniously receiving the same; both stealing two rings, the goods of Charles John Reed, and feloniously receiving the same; Barnett pleaded guilty of stealing a bag from George May .
Mr. Muir, Mr. Travers Humphreys, Mr. Graham-Campbell and Mr. Roland Oliver prosecuted; Mr. C. F. Gill, K. C., and Mr. Louis Green defended Grizzard; Mr. Huntly Jenkins appeared for Barnett.
CHARLES JOHN REED , 58, Prudential Buildings, Brighton. In May, 1904, I bought an engagement ring for the lady who is now my wife at Folkard's in North Street, Brighton. Exhibit 2 is the ring. The ring being too large they made it smaller. My wife did not wear the ring very much after we were married. The ring disappeared on July 22, 1908, when my flat was broken into. I next saw it three or four weeks ago in the hands of the police.
Cross-examined. I identify the ring from its general appearance. I said, "I would not pledge my oath that it is the ring." I say it is the ring I bought.
MRS. REED, wife of last witness. My husband gave me an engagement ring. It was too large for me, and was made smaller. This is most certainly the ring. I wore it regularly after my marriage from one to three months. I then wore it from time to time till our flat was burgled. I had some photographs shown me, and I think I recognise two rings. I was shown a number of rings at the police station on February 2. I picked out two. One of them is Exhibit 2. That is certainly my engagement ring.
the 23rd it was made smaller. The price paid was £15. I had it again on August 5 to replace a small stone. Exhibit 2 is precisely similar to the ring I sold. I am sure it has been made smaller.
WILFRED COOK , 75, Queen's Road, Peckham. I have had 25 years' experience as a working jeweller. I cannot see any sign in Exhibit 2 of it having been altered. It has "18" only, which is rather unusual. The "ct" may have been cut out. Rings do not always have "ct" if they have the crown. The stones are all very faulty. I can see a faint mark as if the ring had been altered.
Cross-examined. Rings like this are exceedingly common. It is doubtful whether it ever had a hall-mark. There are flaws in all the stones. Its outside value is about £9 to a customer.
Detective-inspector ALBERT HAWKINS, P Division. On December 28 I went to Grizzard's house and arrested him in connection with the other charge. I searched him, and then found on him £4 gold, 3s. silver, a penny, eight rings set with white stones, eight rink shanks, minus stones, etc. I found Exhibit 2 in his trousers pocket. I saw him on February 10 at this court. I said I was going to re-arrest him, and he would be charged with Samuel Barnett with stealing and receiving two diamond rings, which had been stolen from Prudential Buildings, Brighton. I said one was stolen in December, 1907, and the other in July, 1908. He said, "May I look at the rings?" I said "Yes." I said the two rings had been identified by Mr. and Mrs. Reed, the owners of the flat. I also said, "The two rings were found in your possession when I arrested you on December 28. He examined the rings, and said, "All right; they are my property out of my stock, and I can prove I bought the shanks, and they are filled by my stones." He was taken to Dalston Police Station and formally charged. He made no reply to the charge.
Cross-examined. I have had the property in my possession since December 28, except the two rings, which were sent to Brighton. I searched his safe and found 11 gold shanks minus stones. He is a diamond dealer. He does not keep a shop.
On the direction of his Lordship, the jury returned a verdict of Not guilty.
Prisoner was then indicted with feloniously receiving, harbouring, comforting, and maintaining Samuel Barnett, well knowing that he had feloniously stolen a brown leather bag, that he had feloniously broken and entered the dwelling house of George May and stolen therein two watches and other articles and had feloniously received those goods, knowing them to have been stolen.
ARTHUR D. S. COLLINSON . I am now serving five years' penal servitude for house-breaking. (Barnett was called up from below.) I know Barnett and Grizzard as receivers. I saw them together once at the 'Three Nuns Hotel," Aldgate, somewhere between June, 1908, and January, 1909. I broke into 39d, London Road, and stole some jewellery and the brown bag produced. I took all the property to the
"Three Nuns Hotel" the same afternoon and gave it to Barnett. He gave me something for it. I do not remember now how much. I have been to Barnett's house, 50, Parkholme Road, Dalston, on several occasions.
Cross-examined. I remember being examined before the magistrate. I said I made statements to the police, not with the object of obtaining a remission of the sentence. I have had some experience in making statements. I also said, "I cannot tell the date when I saw prisoners together; it was one evening at the 'Three Nuns,' Aldgate; there was some women with Grizzard. When I came in Barnett left."
Sergeant HENRY HOLFORD, P Division. I remember Barnett being detained at Dalston police station on January 16, 1909. While he was there I went to 50, Parkholme Road and searched the premises. I found that brown bag under the bed and took it to the Dalston police station.
Inspector ALBERT HAWKINS, P Division. On January 16, 1909, Barnett was arrested on a charge of being concerned with Collinson in breaking into 39d, London Road, and with stealing and receiving property that was in that house. On January 18 Barnett was brought before the magistrate at Greenwich Police Court. Grizzard was present while the case was being heard. Barnett was allowed out on Grizzard's bail of £100. On January 23 the bail was estreated and paid by Grizzard. We searched for Barnett. We came across him at 1 a.m. on December 28, 1909, at Grizzard's house, 73, Parkholme Road, Dalston. I found Mr. and Mrs. Grizzard and Barnett at supper. I spoke to Barnett first. I told him I was going to arrest him. I told him the charge. He said, "I only came back to-day. I was going to give myself up." I then pointed to a bed that was prepared on the sofa. I said, "You were preparing for the night." He said, "Yes. I am sorry for these people." I then said to Mr. and Mrs. Grizzard, "I shall arrest you for being concerned in harbouring Barnett, whom you knew to be a fugitive from justice." Grizzard said to me, "How can you do that? He walked into my place on Sunday morning and I advised him to surrender to you." I said, "Then he has been here two days and you knew I was seeking his arrest?" He said, "Yes, I spoke to a friend of mine yesterday about it and he said he would not have him in the house for £1,000; but what was I to do?" He could do no business on the other side."
Cross-examined. The nearest police station is a few yards from Grizzard's house. I believe Barnett went to Belgium. There were extradition proceedings, with no result. I do not know he arrived here on Christmas Day, except from what I have been told. Barnett has only one leg. He said, "I want a rest; I suppose I shall do my time in the hospital." Being a cripple, Barnett was a man with a very marked identity. Mrs. Grizzard did not say until after he was formally charged, "He would have given himself upon on Tuesday morning. We could not turn him out because it was wet." Christmas Day was Saturday, the Monday was Boxing Day, and we found him there at 1 a.m. on Tuesday.
Several previous convictions were proved against Barnett, who had served sentences of 12 and 15 months' hard labour and five years' penal servitude.
Sentences: Barnet, 18 months' hard labour; recommended for expulsion under Aliens Act. Grizzard, Five months' imprisonment, second division.
No evidence being offered that prisoner had seen his wife for seven years, the jury were directed to acquit him if they thought he bona fide believed his wife was dead.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Tuesday, March 15.)
HOFLER, Wilhelm (53, merchant) pleaded guilty , of unlawfully publishing a malicious libel of and concerning Carl Kleinhaus; also publishing a false and malicious libel of and concerning Carl Kleinhaus, Alexander George Lee, and Ernest Hansel.
(Prisoner, having undertaken to pay the costs of the prosecution, was released on his own recognisances in £50 to come up for judgment if called upon.)
Mr. Tully-Christie prosecuted.
WILLIAM HARE , verger and sexton, Emanuel Church, Forest Gate. This is a certificate of marriage between Edgar Arthur Fowler and Rose Andreazzi on April 1, 1901. I see Edgar Arthur Fowler here: be is the prisoner.
JESSIE AMELIA SCHEURER . I am an assistant in a fancy shop, and live at "Ashburton," St. Aldrey's Road, . In March, 1909, I was ill and went to Bexhill-on-Sea, where I met prisoner. We became on friendly terms, and were engaged to be married in September. I went back to my work for about a week and then had a relapse. I told prisoner about it, and he suggested that we should be married at once. The banns were published at St. Mary's Church, Hornsey, and on May 29 we were married. Prisoner told me he was a single man. He said he was a house furnisher at Stagg and Mantle's, Leicester Square. This is the certificate of my marriage with him. I lived with him as his wife until January 1, 1910. He told me we must separate owing to doctor's orders, as he was suffering from a certain disease, and that if I was found in the house with him he would get 10 years. I believed what he said, and I went home to my mother.
Cross-examined by the prisoner. I went to your people on January 9, and you saw me the next day. You told me you had been
married, and that you had reason for thinking your wife was alive, but that you had not seen her for some time. You did not tell me for about seven years. You did not tell me that you had been led to believe that she was dead. You told me you were not certain she was alive. You led people to believe we were not happy together, and that was the reason you gave people for our separation. When you told me the reason for our separating I did believe it, and I found out afterwards it was the truth. You showed me a place on your tongue. I have been to several doctors and they say there is no doubt you are suffering from the disease. At the police court I said I had a reason for saying I would go back to live with you; that was in order to get my clothes; I let you think so. You told me you had heard of your wife in Glasgow, but that she was married to somebody else. You allowed me 30s. a week when living with you, and another 5s. for the rent. You have done other work besides your regular work. You told me before you married me that you had married a Miss Maude Froude, and your reason for putting yourself down as a bachelor on my marriage certificate was that Maude Froude was a bigamist; but that is untrue. She had been dead about two years. You told me you had had a child by her, and the child lived with us.
ELIZABETH ANDREAZZI , Newmarket Road, Norwich. Prisoner married my daughter, Rose Vivian Andreazzi, in 1901. She is still alive. I saw her last on February 15 and 16 last. Prisoner saw her more than a year before that. I have not been in correspondence with her, but one of my daughters has. I have seen prisoner often since 1901; I cannot say how many times.
To Prisoner. I cannot recollect when I last saw you. I have been living all the time at Newmarket Road, Norwich. I have not changed my address since the time of your marriage. My daughter was left a sum of money by her father, I having the life interest. If you were given to understand that Rose had died, and you should never be informed so that I could claim the money, that is quite the wrong thing; it is a make-up. My daughter Rose did not make arrangements to go to South Africa. It is false that a letter was sent to you asking you to go and see her. I never got a letter in 1904 from Miss Froude. My daughter Annie was married about 1905. I cannot tell you whether she visited me some time previous to her marriage.
ALICE ANDREAZZI , 7, Garden Road, Southwark. Prisoner married my sister in November, 1901. I stayed with them after their marriage for about a month. He left my sister while I was there. Soon after that I met him when I was with his wife.
To Prisoner. My sister lived with you for about two years. I made a mistake when I said I stayed with you a month; it was a few months. I have stayed with you on two or three occasions. My sister did not leave you first. I never threatened to hit you across the head with a saucepan. I never heard of my sister Rose going to South Africa. I have never told your people so. I am bitter against you to a certain extent because you injured my sister very badly, and she suffers from syphilis through you. The doctor says so, and he has said that his
evidence alone would have got my sister a divorce, and had she got the money she would have got a divorce straightaway.
ANNIE JACOBS , 7, Garden Road, Southwark. I am a married woman and sister of the prisoner's wife. I remember meeting him in 1905 in London Road, Southwark. He told me he knew where my sister Rose was; that she was in Glasgow, and that she was going to Jones Brothers, Holloway. That was at the end of August, 1905.
To the Prisoner. I said at the police court that I asked you where my sister was, but that is the same thing as what I have said. I am sure you asked me. You did not tell me you thought my sister Rose was dead. I did not know where she was, but I knew she was alive; my sister Alice knew where she was. I knew you used to sing on the halls under the name of Arthur Wood.
Detective-sergeant ALFRED GROSSE, Y Division. On January 31 I arrested prisoner in Leadenhall Street. I told him I was a police officer, and should take him into custody for inter-marrying with Jessie Amelia Scheurer, his wife, Rose Vivian, being then, and now, alive. He said, "Quite right; I have been expecting this for some time. I heard that Jess went to my people's house at Manor Park last night and guessed something was wrong. I shall be glad to get it over. I am sorry in a way, as she was a good girl. I had not seen my wife for some time. I thought I could marry again; that is why I married Jess. When I get out of this I shall see whether I can get the marriage with Jess legalised; then we shall be all right again." I conveyed him to Hornsey Police Station; he was charged, but made no reply.
To Prisoner. I arrested you when you were with Miss Scheurer on a charge of bigamy. You never told me that your wife was dead, or led me to believe so. You were kept waiting at the station for two hours because I had to telephone to Norwich to obtain the address of Mrs. Elizabeth Andreazzi. It was not to find out whether your wife was alive or dead. You told me the mother's address was Newmarket Road, but not the number.
Prisoner's statement before the magistrate: "I have nothing to say here. I should like a copy of the depositions."
EDGAR ARTHUR FOWLER (prisoner, not on oath). I have not denied my marriage. It is through my own admission I am here; but I was led to believe that my wife died in South Africa. A cousin of mine told me he had heard she died at Cape Town. There are two other charges put against me. (The Judge pointed out to prisoner that he was only being tried for marrying Miss Scheurer; he could say anything else he liked.) It is suggested that when I parted with my first wife I took up with another woman, Miss Froud. I did so, and lived with her for 15 months. Then I beard that my wife was dead, and the girl I was living with I married. We both thought my wife was dead. We were married in a church, and it was well known. Miss Froud died in 1907. When I met Miss Scheurer I conveyed all that
to her; I never attempted to hide anything, everything I did was done openly. It was only after we had been living together for seven months that I heard my wife was still alive, and then I told Miss Scheurer and left her. I told her also that I had something the matter with me, but I had not. I admitted all through that I married her, but I did it innocently, thinking my wife was dead.
Counsel stated that he would not proceed with the other indictment, which was for a bigamous marriage with Maud Froud.
Detective-sergeant JOHN SMITH, T Division. I was present at Bow Street Police Court on November 10, 1903, when prisoner was sentenced to three months' hard labour for embezzlement. At that time he was employed as a furniture salesman, and embezzled moneys of his employers. He was convicted in the name of Charles Vintock, which is not his correct name. The real owner of that name suffered considerably through his being thought to be the man convicted.
ALFRED GROSSE (recalled). After prisoner's first marriage he lived with his wife Rose at various addresses. In 1903 she found she was suffering from syphilis, but just prior to that a child was born to them dead, owing, it is said, by the sister who was present, to the prisoner giving his wife a pill. About this time he met the woman Froud. On July 24, 1904, he married Froud in the name of Arthur Wood. He lived with her at various addresses, and a child was born, now living. From September, 1906, to July, 1907, prisoner was employed as a costs clerk, but he falsified the wages sheet and obtained some of the money. He was spoken to, and on some pretext or other left the building, and has not been seen since. He has since been living with another woman. For years he has led a double life and a life of fraud.
Sentence, 18 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, March 15.)
YAGISAWA, Katsuro (25, tailor) pleaded guilty , of having received a cheque for £9 and divers moneys amounting to £6 and £3 respectively, for and on account of Charles Frederick Allen, did fraudulently convert the same to his own use and benefit; forging and uttering, knowing the same to be forged, an endorsement on a certain order for the payment of money, to wit, a banker's cheque for £9, with intent to defraud.
Sentence, Five months' imprisonment, second division; recommended for expulsion under Aliens Act.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 16.)
WEST, Frederick (51, porter) , breaking and entering the warehouse of Frank Squire and stealing therein one cheque, value 1d., his goods; forging and uttering, knowing the same to be forged, an order for the payment of money, to wit, a banker's cheque for the payment of £70, with intent to defraud; breaking and entering the warehouse of Harrison and Sons, Limited, with intent to steal therein.
Mr. Roach and Mr. Egerton Warburton prosecuted; Mr. TullyChristie defended.
The indictment with regard to Squire was tried.
FRANK SQUIRE , 3, Stanhope Street, Euston Road, piano manufacturer. On January 29, at 11 a.m., I received a notice from the police, went to my office, and found two safes had been opened. One had been taken into an inner room and the back torn off; the lock of the other had been picked; the contents of the safes were strewn over the floor. I received a telephone message from my bank, the London City and Midland, Tottenham Court Road, and saw prisoner in the manager's room. Cheque produced, dated "January 28, 1910. Pay F. Selby or order £70. B. Squire and Son," was handed to me. The whole of it is a forgery. I then returned to my office and found that two cheques had been torn from the cash book, one the forgery produced and the other a returned and cancelled cheque, containing my signature, of which the forgery is a tracing. I have no knowledge of F. Selby.
Cross-examined. I was seven or eight minutes at the bank—prisoner was in charge of Inspector Wallace; prisoner did not appear excited. The signature is very similar to mine.
GEORGE RAYNES , porter to Squire and Son, 3, Stanhope Street. On January 28, at 7.15 p.m., I left the premises securely fastened. The next morning, at 5.45 a.m., I found the office had been entered, the two safes opened, and the floor strewn with books and papers. The padlock of the crane door at the back was broken and a ladder was on the slanting roof leading to the upper premises.
JOHN HOWARD , cashier, London City and Midland Bank, Tottenham Court Road. On January 29, at 11.30 a.m., prisoner tendered cheque produced, purporting to be signed by Squire and Son in favour of F. Selby for £70. I asked him how he would take it. He said he would take it in cash. I thought that it was not a proper answer and suspected the cheque to be a forgery. I placed a clerk at the door and took prisoner into the manager's room, who telephoned to Mr. Squire. He asked prisoner if he came from Selby. Prisoner said "Yes." Mr. Squire then came with two police officers, and prisoner was charged. Prisoner made no attempt to leave.
Cross-examined. Squire came to the bank about 12, prisoner having been there about 20 minutes. Prisoner had an apron on, and appeared to be workman. He seemed quite calm, and spoke clearly and distinctly.
Inspector GEORGE WALLACE, S Division. On January 29 I saw prisoner in the manager's room at the London City and Midland Bank, Tottenham Court Road. The manager said, "This man has presented this cheque, which I believe to be a forgery." I said to prisoner, "I am a police officer. Where did you get this cheque?" He said, "My governor, Mr. Selby, a builder of Chancery Lane, sent me to cash it." I said, "Do you work for Mr. Selby?" He said, "Yes." I said, "That cheque has been stolen from a safe during the night. Do you still say Mr. Selby sent you?" He said, "Yes." I then said, "I shall arrest you for breaking into Messrs. Squire and Son's warehouse, 3, Stanhope Street." When leaving the bank he said, "I do not work for Selby. A man at the 'Roebuck' public-house gave me the cheque." I took him over to the public-house; after searching the bars he said there was no one there who had sent him. I took him to Marl borough Street, where he was charged, the charge read over to him, and he made no reply. He said a man named "Punch" had given him the cheque. Punch is also known as "Teddy, the Boy."
Cross-examined. I got to the bank at 12 noon, and was there about five minutes. I had been to the "Roebuck" previously to have a look for myself, and afterwards took the prisoner there. Prisoner was sober, clean, and had a white apron on.
Prisoner's sworn statement to the magistrate (put in with the consent of the defence). "On Monday, January 29, I was called by the last witness at 9.30, I found a man who said he wanted me to come out at once; I knew him, but not by name. When I came out in about half an hour he asked if I wanted to earn a few quids. He asked me to cash the cheque, No. 1. He said some of the boys were near by at the public-house. He took me to a public-house at the corner of Charlotte Place, where I saw four other men. They said they had found a note-book which contained a cheque. They said it was already signed. They said I could say I was a porter for Selby, a builder in Chancery Lane, and that he had a job near, and wanted the money to pay the hands. I asked where Selby's was, and they said 44, Chancery Lane. I hesitated, and went for a shave. All six then went to the 'Yorkshire Grey,' where they again showed me the cheque, and asked me to change it. Whilst I was having the shave one of them got this apron, which they put on me to make me look like a painter. They went to the 'Roebuck,' opposite the bank; they pointed out the bank and persuaded me to take the cheque in. (Signed) F. West."
FREDERICK WEST (prisoner, on oath). I live at 28, Percy Street, Tottenham Court Road, a lodging-house, where I have been about six weeks on and off, having been twice during that time in the St. Pancras Infirmary; my right hand is partly disabled, having a severed tendon. On January 28 I was in a beerhouse in Cleveland Street
from 7 to 11 p.m., playing dominoes. After that I went to the lodging-house and went straight to bed. On January 29, at 9 a.m., I was called by the deputy who had entered my money in the book overnight and told that a man wanted me outside. I went down in half an hour, and saw a man I had seen in public houses, and who is known as "Teddy, the Boy." He said, "Do you want to earn a quid or two?" We went to a public-house round the corner, where were four other men whom I have known in public-houses. We went to four other public-houses, and at about 11.30 to the "Roebuck." When we were at the "Yorkshire Grey" one of the men took me into an underground urinal, pulled out a large note-book or pocket-book, and said, "We have just picked up this book outside the Tube. Here is a cheque in this envelope. We want you to go and cash this cheque "I said, "Is that the truth? Has any one you know signed or endorsed or written this, or do you know anything of it?" He said, "No; it is just as we picked it up. Here is the book. We have not had it long. We picked it up in the mud all ready signed and endorsed; we only wanted you to go and cash it." I hesitated, and refused and objected. They coaxed me, and declared that it was all straightaway; that if any question was put to me about the cheque I was to say that I worked for Mr. Selby. They gave me the money to go and get a shave. When I came back they got an apron and told me to put it on and say I worked for Mr. Selby, of Chancery Lane. They took me to the "Roebuck," nearly opposite to the bank, and said they would wait for me, and "If the cheque is stopped they can only stop payment and detain the cheque; and you will easy get out of that." I went into the bank, and the cashier has correctly stated what occurred. I was in the bank half to three-quarters of an hour. When I was arrested I told the officer where I had received the cheque, and we went across to the "Roebuck." I had had about seven drinks. They said, "If you get this cashed we will buy you a new overcoat."
Cross-examined. On January 28 I was in the "Masons' Arms" beershop from 7 till 11 p.m. I have been there frequently the last six or seven weeks; the landlord would know me; he is not here. Stanhope Street is about 15 or 20 minutes' walk from Percy Street. I knew "Teddy, the Boy," by seeing him in the infirmary; he said he was going on the L.C.C. sewer scheme as a navvy when he got better. It seemed suspicious that he should ask me to cash a cheque. (To the Judge.) They told me they had picked the cheque up, and as it was already signed there was nothing to fear. I did not think one of their names was Selby. I chanced whether it might be stopped. I yielded to their influence and solicitations.
WILLIAM UPTON , deputy at a lodging-house, 28, Percy Street. On January 28, at 11 p.m., prisoner came in. I next saw him in bed at 9 a.m. the next morning when I went to call the lodgers up. At 9.30 or 9.45 a.m. a man called for him; I told prisoner, and he went outside.
Cross-examined. I have seen the man "Teddy, the Boy," two or three times. I do not know what he does.
Cross-examined. I remained on duty till 9 a.m. on January 29. Prisoner came in at 4.10 to 4.15 a.m. I came on duty at 1 a.m. and went round at 1 a.m. and at 3 a.m.—prisoner was not then in and I first saw prisoner at 4.10 or 15 a.m., when he came in. I saw him twice after that in bed. He had paid the last witness for his bed at 11 p.m.
After deliberating for a few minutes the Jury stated they were all agreed on the charge of receiving, but were 11 to 1 on that of burglary. The Judge accepted the verdict of guilty of receiving.
Prisoner confessed to having been convicted at Newington Sessions on September 15, 1908, when he was sentenced to 18 months' hard labour for larceny, after the following previous convictions: July 22, 1902, North London Sessions, six months' hard labour for housebreaking; May 31, 1904, North London Sessions, three months' hard labour, stealing calico; September 5, 1905, North London Sessions, three months, stealing starch; October 2, 1906, Marylebone Police Court, 14 days, for stealing a trunk; October 16, 1906, Marlborough Street, five weeks' hard labour, stealing boots; May 7, 1907, North London Sessions, nine months, stealing a pair of shears. It was stated that up to the age of 43 prisoner had been respectably employed.
Sentence, Four years' penal servitude.
Mr. Tully-Christie prosecuted.
WILLIAM CHARLES NEALE , foreman to Hay's Wharf, Limited. On February 11 I sent carman Dunn to Carron Wharf for a consignment of goods, five bales of which had to be delivered at Hollins, of Newgate Street. The value of the stolen bale is £15 2s. 4d.
CHARLES DUNN , carman to Hay's Wharf and Dock. On February 11 I bad 10 bales of goods, five of which were to be delivered at Hollins, of Newgate Street, as per delivery note produced. I had only four to deliver and went to dinner. I afterwards found I ought to have delivered five.
JOSEPH BROWN HUSTON , warehouseman to W. Hollins and Co., Newgate Street. On February 11 I received four bales of linnock wincey into my department—I should have received five. Roll produced is part of the missing bale—wincey is a composition of wool and cotton.
Detective-sergeant JOHN KENWARD, E Division. On February 13, at 7.30 p.m., I went to 43, Ossulton Street, Somers Town, and arrested the prisoner on suspicion of another charge. I found him in his front
room; on searching the back room I found two rolls of woollen goods and in the front room two remnants (produced). I asked prisoner how he accounted for the possession of it. He said he knew nothing about it. I took him to Gray's Inn Road police station and, not knowing the owner, charged him with stealing from some person unknown. On the remand he was further charged; he said he knew nothing about it. At the back of the court, just as he was leaving, he said, "I may as well tell you the truth—I found that stuff in Weare's Passage. Be as fair as you can with me for the sake of the kiddies." At the time of his arrest he handed me five pawntickets produced.
SAMUEL HULL , assistant to G. H. Holston, 55, Caledonian Road, pawnbroker. Parcel produced is a remnant of about six yards of stuff similar to the larger roll produced; it was pawned with me on February 12 for 2s. 6d. by a woman in the name of Young.
CHARLES BRACE , assistant to J. McCarthy, 205, Caledonian Road, pawnbroker. Parcel produced contains a remnant of stuff pledged with me on February 12 by a woman of the name of Annie Young for 2s. on ticket produced.
EDMUND PRITCHARD , assistant to S. Walker and Co., 24, Caledonian Road, pawnbroker. Parcel produced contains a remnant of flannel similar to that in the larger rolls produced, which was pledged with me on February 12 for 2s. in the name of Annie West.
WILLIAM CHATTERLEY , assistant to Needes, 14, Euston Road, pawnbroker. Parcel produced contains a remnant which was pledged with me on February 11 for 2s. by a woman in the name of Hall on ticket produced.
FLORENCE HALL , wife of prisoner. I do not know when this stuff was stolen or anything about it. I think my husband was taken for it on February 7. He told me he found the stuff and I think that is true, as he only left me 2s.; he never left me and the children short.
GEORGE HALL (prisoner, not on oath). There is no evidence to convict me of stealing the goods or of receiving them off any person knowing them to have been stolen. I own to being in possession of the goods by finding. I found the stuff together with the pawntickets rolled up in canvas.
Prisoner confessed to having been convicted at Clerkenwell Sessions on November 19, 1894, when he was sentenced to 12 months' hard labour for larceny from the person. Other convictions proved: September 1, 1893, Clerkenwell Police Court, two months for larceny; March 16, 1894, discharged at Clerkenwell Police Court for larceny; September, 1894, at this Court, acquitted of larceny.
Sentence, 20 months' hard labour.
DRISCOLL, William (36, labourer), and NICHOLLS, Thomas (35, labourer) ; Driscoll, assaulting Frederick Cocksedge and certain peace officers in the execution of their duty, to wit, Alfred Webb, James Gordon, and Eldred Jackson, attempting to assault Robert Harrison, a peace officer, in the execution of his duty, maliciously inflicting grievous bodily harm upon Charles Schulz and James Gordon ; Nicholls, assaulting Robert Harrison, a peace officer, in the execution of his duty maliciously inflicting grievous bodily harm upon Charles Schulz, feloniously and maliciously causing grievous bodily harm to Charles Schulz, with intent to do him some grievous bodily harm.
Mr. Boyd prosecuted. Mr. Walsh appeared for Driscoll.
Driscoll pleaded guilty of assaulting Webb and Gordon in the execution of his duty and assaulting Schulz, causing grievous bodily harm; this plea was accepted by the prosecution.
CHARLES SCHULZ , deputy, common lodging-house, 11, Short's Gardens, Seven Dials. Prisoner has lodged at my house. At 12.30 a.m. on February 20, a man named Hayes was refused a ticket for lodging; a crowd was with him, including the prisoner, whom I had also forbidden to come into the house. After a discussion prisoner struck me, and was taken into custody. About 1 a.m. I went to the station on another charge. Prisoner was sitting on a form. Shortly afterwards he walked up and kicked me between the legs. I fell against the seat in great agony. The Divisional Surgeon examined me.
Cross-examined. I did not kick prisoner as he was going to the station.
FREDERICK COCKSEDGE , 53, Marsham Street, Westminster, manager of a cabmen's shelter. I was with Schulz when the row took place at the lodging-house, and went with the prisoner to the station. I was showing Schulz an injury done to my wrist by another man when prisoner got up and made a running-kick at Schulz in the private parts.
Detective ALFRED WEBB, E Division. On February 20, at 12.30 a.m., I was in plain clothes at 11, Short's Gardens, making inquiries about two men wanted for larceny. Three other men, the prisoner, and Hayes were making a disturbance. I was recognised by Hayes as a police officer. He said, "Here is that b—Stevens; what is he doing here?" Hayes and another man assaulted me. A whistle was blown; Police-constable Harrison assisted me with Hayes, who was taken to the station. In the charge-room the prisoner was being detained when he deliberately walked up to Schulz and kicked him in the privates with his right foot. Nothing had been said.
Police-constable ROBERT HARRISON, 383 E. On February 20, at 12.30 p.m., I heard a whistle, and went towards the common lodging-house in Short's Gardens, where I saw Webb struck by Hayes. I pulled Hayes off Webb. A few minutes afterwards I was assisting another constable to detain Hayes, when prisoner struck me a violent blow in the mouth, felling me to the ground. I eventually arrested him. He struggled very violently for about 20 yards, and then went quietly to the station.
Police-constable JAMES GORDON, 380 E. On February 20, at 12.30 a.m., I was on duty in Short's Gardens, heard a whistle, and went to No. 11. Harrison was struggling with Hayes when Nicholls came up and struck Harrison in the face with his fist, saying "Take that." I seized prisoner, we both fell to the ground, he got away, and was afterwards arrested.
Police-constable ALFRED STOURTON, 168 E. On February 20, at 1.20 a.m., I was in the charge-room at Bow Street when Nicholls and three other men were charged with assault. Schulz was there. Prisoner got up from his seat, and deliberately kicked Schulz, who was standing in the middle of the room, in the lower part of his body, saying "Take that, you bastard, you engineered this lot."
Inspector WILLIAM HALL, E. Division. On the early morning of February 20 prisoner, Hayes, Driscoll, and Dacey were brought to the charge-room. Schulz was there when prisoner got up from his seat and kicked him. I took the charge, but as the prisoner was extremely violent he was put back in the cell, and the charge against him taken in his absence.
Cross-examined. No one struck the prisoner in the station; I was there all the time.
ERNEST NEVILLE KEYSWELLS , Acting-Divisional Surgeon, E Division. On February 20, at 1.40 a.m., I saw prisoner at Bow Street. His nose had been bleeding; his upper lip and lower part of his face was covered with blood. I found no injury except that to his nose. He made no complaint of being kicked.
CECIL JAMES TODD , qualified medical practitioner. On February 20, at 1 p.m., I visited Schulz at his house. He had one testicle slightly inflamed; there were no marks of bruising. He has since developed a rupture. I do not think the rupture could have been produced by a direct kick. It might have been, produced by straining the abdominal muscles in a struggle. I do not think it was caused by a kick, as there was no bruise or any sign of discolouration. A kick would make the part tender. He complained of tenderness; but the rupture did not develop until six days afterwards.
Prisoner. I made a kick at Schulz, but I do not think I caught him.
Verdict, Guilty, on all counts.
Convictions proved. Against Nicholls: November 19, 1888, West Ham, 14 days for stealing a purse; November 14, 1892, Bow Street, three months, stealing a match-box; March 30, 1893, Grays Petty Sessions, one month, stealing trousers; October 1, 1894, Bow Street, three months, stealing a chain; October 18, 1895, North London Sessions, six months for frequenting; August 21, 1896, Bow Street, bound over for assault; January 11, 1897, at this court, robbery with violence, 12 months' hard labour and 12 lashes with the cat; February 25, 1898, Bow Street, three months for assault on police; August 25, 1898, Bow Street, three months and three months' hard labour, consecutive, for assaults on police; April 11, 1899, Bow Street, bound over for being drunk and fighting; June 6, 1906, North London, discharged, stealing a watch; April 10, 1901, Marlborough
Street, six months' hard labour for larceny and assault; November 19, 1901, North London Sessions, 12 months for larceny and assault; March 3, 1903, North London Sessions, 12 months for stealing; October 25, 1906, North London Sessions, 21 months' hard labour for larceny and receiving; three summary convictions as rogue and vagabond. He was discharged on April 20, 1907, by order of the Home Secretary. Against Driscoll: In 1895, at Bow Street, six months for attempting to steal; August 28, 1902, Bow Street, discharged, drunk and disorderly; July 6, 1903, three months' hard labour, assault on police; December 21, 1903, two months for assault on police; June 5, 1905, two months, assault on police; September 9, 1906, two months, assault on police; March 25, 1907, drunk and disorderly, fined 10s. or seven days; July 1, 1907, drunk and using obscene language, fined 5s. or five days; December 16, 1907, assault on police, three months; September 28, 1908, drunk and obscene language, fined 20s. or 14 days; July 3, 1909, disorderly conduct, fined 10s. or seven days; August 16, 1909, assault on police, two months, all at Bow Street Police Station.
Sentence (both), 15 months' hard labour, on each count, to run concurrently.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, March 16.)
Mr. D. T. Davies prosecuted.
HORACE JOHN GOUGH , furriers' cutler. On February 7 I sent a parcel from my address, 44, Ladysmith Avenue, Seven Kings, to Mr. H. J. Gates, 181, Queen Victoria Street. It contained books of account of the Second Friends of Trade Building Society. There was also a cheque book. The used cheques for 1909 were pasted against the counterfoils. They are not here now. There were 14 of them. They were signed by myself, two directors, and the secretary. There are two blank cheques missing. The parcel was worth 30s. The books were being sent to Mr. Gates for the annual audit.
ANNIE GREGORY , 181, Queen Victoria Street. I received a parcel for Mr. Gates, which came by the London Parcel Delivery. I left it outside the kitchen door in the basement. It remained there all Thursday and Friday. I saw it at six o'clock that evening, when my mistress said, "Has Mr. Gates been down for his parcel?"
AMELIA WATSON , housekeeper, 181, Queen Victoria Street. I received a parcel which arrived on February 9 or 10 at 9 or 9.15 a.m. It was placed outside our kitchen door. I missed it between 6 and 7 p.m. on Friday. I have seen prisoner once or twice in the house; once
I saw him coining in the front door. That was a month before the parcel was missed.
HARRY GATES , chartered accountant, 181, Queen Victoria Street. I was advised that the parcel was coming. I did not receive it. I made inquiries of the housekeeper. I do not know prisoner. There are three blank cheques missing.
Detective-inspector HINE, City Police. I was in Blackfriars Road about 5.30 on February 22 with Sergeant Wise. I said to the accused, "We are police officers, and I have reason to believe that you have a book in your possession which does not belong to you." He said, "No, I don't think so. What book do you mean?" I said, "A cheque book." He said, "No, I have no cheque book." At my request he opened his coat and from his inside coat pocket he took a letter-case, saying, "This is all I have; this is my own property." He then undid his jacket and in the inside breast pocket I saw a cheque book. I took it out and, after examining it, I said, "This cheque book was stolen, together with other cheques, in a parcel from the housekeeper's lobby in the basement of 181, Queen Victoria Street, between February 9 and 15. Where did you get it?" He said, "A man gave it to me to mind for him." I said, "What is the man's name?" He said, "I shall not tell you that: if I do it will only get him into trouble. I do not know anything about the other books." I told him I should take him to Bridewell Police Station, where he would be charged with stealing and receiving the books. He said, "All right." At the station I found in his pocket, apart from the cheque book, two cheques which had been abstracted from the cheque book, and there were also apparently two other cheques missing from the book.
FREDERICK LEWIS (prisoner, on oath). I do not know the building in Queen Victoria Street. I have never, to my knowledge, been inside it. I have had a bad leg for the last six weeks and have hardly been outside the door. It doesn't stand to reason I should travel up and downstairs and steal a heavy parcel of books. I have a stiff leg. I am getting my living as a repairer of watches and jewellery and attending jewellery sale rooms. I have no occasion to go into City offices. I am willing to swear I am innocent of all knowledge of this robbery, both before and after the fact. The cheque book was left in my charge by another man.
Cross-examined. The man is only an acquaintance. I have met him perhaps a dozen times during the last eight months. I do not wish to give his name. I do not like the idea of putting anybody else away. I took the two loose cheques out at the request of the man. He asked me to bring the book up, take two out and leave them loose. I suppose he wanted them for some future occasion. I cannot account for the other two being missing.
On January 13, 1902, prisoner was sentenced to 10 years' penal servitude for robbery.
Sentence, 12 months' hard labour.
BEFORE MR. JUSTICE BRAY.
(Monday, March 14.)
PETER, Joseph (28, fireman), and ALBRECHT, Kalman Etrienne (30, engineer) , feloniously having in their possession certain plates and oilier materials upon which notes and undertakings of the Austro-Hungarian Bank and certain parts thereof were engraved and made, and feloniously having in their possession certain paper upon which certain parts of such foreign notes and undertakings were made and printed.
Mr. Leycester and Mr. Roome prosecuted; Mr. T. C. Rogerson defended Peter; Mr. Valetta defended Albrecht.
FREDERICK SHERET , of the Westminster Photographic Exchange, 119, Victoria Street, S. W. On July 8, 1909, two men came into my shop. They bought a 12 by 10 Marion field camera, similar to this produced. They were foreigners; I could not identify them. Exhibit 27 is the camera I sold. On July 28 I received a telegram from "Peters, Annersley, Broadstairs," ordering certain photographic plates, which I sent. On July 31 and August 17 I received similar telegrams ordering further plates and a quantity of photographic material, which I sent; they included the drying rack and printing frame produced.
Cross-examined by Mr. Rogerson. On July 8, when the camera was ordered, the English language was used; the subsequent telegrams were in English.
PERCY ROBERT STANLEY , optician, 19, Thavies Inn. On July 10, 1909, I sold a Steinheil lens; I cannot remember to whom. That would be adapted for minute photographic line work: it would be of assistance in reproducing these banknotes.
JAMES V. ABBOTT . I keep a private hotel at 85, Guildford Street. I know both prisoners. Albrecht took rooms with me from July 28 to August 12; he told me he was an engineer carrying on extensive works in Hong Kong, and that he had come over here to perfect his knowledge of the English language. On August 12 two men called to see Albrecht; one was the prisoner Peter: the other was called Peters (this was Zoltan, or Takacs). The conversation was carried on between Albrecht and Peters; Peter was treated as a nonentity; he could speak very little English. The three left my house, saying that they were going to Annersley, Broadstairs. On August 16 Albrecht returned with a woman who, I was given to understand, was the wife of Peters; they staved a few days. On December 28 Albrecht again came: he asked for a larger room, with a large table in it, as he wanted to finish his drawings for a turbine engine. He had before this spoken
about this invention of his, and I had introduced him to certain firms, but his drawings were returned as valueless.
To Mr. Rogerson. Albrecht and Peters treated Peter as a nonentity; they seemed to desire to prevent him knowing what they were talking about.
THOMAS STORY , 8, Claverton-street, Pimlico. I own a house at Broadstairs called Annersley, which in July, 1909, I let to a Dr. Peters; he said he was a doctor of laws from Germany; he was neither of the two prisoners; he was accompanied by Peter. In the middle of August I went down to the house and there saw Albrecht and Peter and a woman I understood to be the wife of Peter. Peters had left. On September 1 I received a letter saying that the house would be given up on the 4th, as they were going to France; that is in Albrecht's writing. I went down on September 4 and they gave up possession; they said they were going to Dover.
To Mr. Rogerson. When the house was taken the conversation was carried on by Peters; Peter took no part in it.
CLAUDE B. HOSKING , 40, York Street, Broadstairs. On September 4 the two prisoners took a flat at my place; Albrecht gave the name of "Kalman Etrienne"; the other gave no name; I afterwards heard him called Peter. A lady came with them and stayed about a month; I understood she was was Albrecht's wife. The two men seemed to do a lot of writing; Albrecht used to be drawing; sometimes drawings of turbine engines, latterly drawings of circles. I have seen him drawing something similar to Exhibit 22."(This was alleged to be an imitation of the circles of the face of Austro-Hungarian banknotes.) Albrecht told me that these drawings of circles formed part of an illuminated address which was to be presented to the President of Hong Kong, for whom he was doing a contract. The bathroom was fixed up as a photographic dark-room; I have seen prisoner washing photographic plates under the tap and cleaning metal plates with emery powder. I never saw Peter drawing. The two men appeared to be on perfectly friendly terms. They left on December 7. I received a letter dated December 10, signed "K. Etrienne," saying that he had left and giving an address "c.o. Post Office, Brussels" (this was said to be in Albrecht's writing). After they left I found certain chemicals and drawings which I handed to Inspector Simmons, I never knew them to take out a camera to take views of the neighbourhood.
To Mr. Rogerson. Peter could talk English but very little. To Mr. Valetta The men made no attempt to conceal their movements; Albrecht sometimes invited me in to look at his drawings.
ROBERT LARCHER , of Messrs. Lorilleux, printing ink manufacturers New Street Square, E. C. On September 30 we received a letter signed Dr. Peters, from Broadstairs, ordering one kilo of Bitumen Judea; this would be used for coating photographic plates; it is used for making fine engravings. On November 13 Albrecht called and I supplied him with one pound of Persian blue, in a tin similar in that produced; this stuff, diluted, would produce a colour similar to that on the bank notes produced; Alorecht said he was asked by
his friend Dr. Peters, of Broadstairs, to get this for him. On November 16 we received an order from Broadstairs signed Dr. Peters for six zinc plates; these we sent; they were similar to those produced.
To Mr. Rogerson. I have never seen Peter.
FRANK F. HOLLAMBY , of the G. P. O., produced the original of a telegram, in French, signed Albrecht and addressed Peters, 40, York Street, Broadstairs, of November 12. The translation was, "I will duly arrive to-morrow evening: bank closes at three; be calm" (Exhibit 23).
Miss VICTORIA ATKIN. I keep a boarding-house at 34, Bloomsbury Street. On December 10 the two prisoners came; Albrecht engaged a room for himself and his friend. On December 31 Peter came in about 10.30 p.m. and went to the room. About midnight Albrecht came in; on knocking at the door of the room Peter refused to open it. and Albrecht slept in another room. In the morning Albrecht again tried to get into the room where Peter was; Peter still refused to unlock the door, but on my threatening to send for the police he opened the door and Albrecht went in. Some time afterwards I was called to the room; Albrecht had a towel to his face, and told me that Peter had thrown some acid at him. Peter left the house saying that he must go to the Consul, as Albrecht was a bad man, making false banknotes. Albrecht asked for pen and paper to write a statement for the public prosecutor, and he sent for the police.
ERNEST JOSEPH BOLGAR , of the Austro-Hungarian Consulate. On December 31 Peter called and stated mat he wished to inform the police about a gang of money forgers in London; he mentioned the names of Albrecht and Takacs (or Zoltan). I sent him to Scotland Yard. He returned with Sergeant Crutchett and made a statement; I translated Peter's Hungarian into German, Mr. Broemel translated my German into English, and Crutchett took it down. Next day he made another statement, interpreted by Sergeant King.
To Mr. Rogerson. Peter told me he had written to the Buda Pesth police; I believe that that is true.
Sergeant CHARLES CRUTCHETT, New Scotland Yard, and Sergeant GEORGE NICHOLLS spoke to taking down Peter's statement.
Sergeant THOMAS KINO. On January 1 I was called to 34, Bloomsbury Street, and there saw Albrecht. He said (speaking in German): "The man who has run away has thrown acid over me while I was kneeling down unlocking my trunk; he is Peters, a man who makes false banknotes; he has all the things in his portmanteau." I broke open the portmanteau to which Albrecht pointed, and found in it a quantity of photographic appliances. Later on I saw prisoner at the police station. Peter said, "It is quite true that these articles have been found in my bag, but I put them there so that Albrecht should not, destroy them, so that I might have proof against him; besides, I was the one who called the police."
To Mr. Valetta. Albrecht appeared to be quite open, and not desirous of hiding anything. In his trunk we found some drawing instruments and some drawings.
Detective-sergeant HERBERT SANDERS. Albrecht, in answer to the charge, said, "I have nothing to reproach myself with, because it I had not been there the money would have been made long ago; It was me who prevented the money being made; if I was prevented giving the information before, it was Joseph Peter who prevented it." On January 25, while I was in charge of Albrecht at the police court, he said to me, "The bulk of the photographic material was bought by Peter and the doctor at the Perrutz Company, Munich; the colours were bought at Stuttgart; as to the plates, I saw about sixty Kronen notes which had been made by Peter and the doctor, and these were all taken away by Dr. Takacs; some were for 50 and some for 100 Kronen; the camera was bought at the Westminster Photographic Exchange; the lens they bought in a street near the Old Bailey."
To Mr. Valetta. I found in Albrecht's possession a number of letters, business and personal; some related to turbine engines; others related to a tunnel that he had been working upon in Hong Kong; there were none having any bearing upon these charges. Albrecht is a Hungarian by birth; he became a French naturalised subject and served in the French Army; his Army papers are all marked "Very good." Our inquiries go to show that there is nothing against him. Inspector Joseph Simmons, D Division. On January 1 I went to 34,. Bloomsbury Street, and there saw Albrecht; he was wearing a bandage, and said that a man had thrown acid over him; it was the man who had run out of the house that morning and who had been making foreign banknotes. On my asking, "Where are the plates" he pointed to the portmanteau that had been opened by Sergeant King; in it I found the negatives and the zinc and glass plates produced, printing ink and rollers, a palette knife, a hydrometer, a bottle of acid, etc. Albrecht gave me a statement that he had just written for the public prosecutor. I found at Bloomsbury Street and at York Street, Broadstairs, a lot of chemicals, etc., and the drawings produced (including Exhibit 22).
To Mr. Rogerson. From my inquiries of the police at Buda Pesth, he was employed there as a fireman and nothing prejudicial to his character is known. We learn that there is a Dr. Takacs, who has a mother alive.
To Mr. Valetta. In Albrecht's trunks we did not find any glass or zinc plates or photographic paper, only pencils, drawing instruments, and drawings.
ARTHUR ROBERT GRAY , manager to the Strand Engraving Company. I am familiar, from practical experience, with photographic plates, and the processes of reproducing them. I have examined the various articles produced here and say that it would be quite possible with them to manufacture prints similar to the genuine notes produced.
Mr. Valetta submitted that there was no evidence against Albrecht of possession.
Mr. Justice Bray: There is sufficient evidence that the two men were working together: and there are letters written by Albrecht with reference to photographic materials and plates; he actually purchased some of the plates.
Air. Valetta: They were bought by Albrecht, but there is no evidence that they were ever in his possession; they were sent to Broadstairs, addressed to Peter.
Mr. Justice Bray: There is plenty of evidence that the possession of Peter was the possession of both.
(Tuesday, March 15.)
ERNEST JOSEPH BOLGAR , recalled. I produce telegram from the Chief of Police at Buda Pesth in Hungarian and translation. "The police at Buda Pesth have ascertained by cross-examination in the matter of Takacs and Mrs. Pongracz that Peter was induced to come abroad on a promise of a fortune for an invention and in consequence he lost 3,500 kronen that he obtained through the sale of his small farm."
JOSEPH PETER (prisoner, on oath, examined through an interpreter). I was born at Sanslasco, in the province of Buda Pesth, on December 25, 1883, and before doing my military service I worked on a farm. In my military service I became a non-commissioned officer and left the service with a very good character. I entered the Fire Brigade; while there I was introduced to a Mrs. Takacs by a Mrs. Toth. We had conversations about the end of May and they kept on talking to me about marriage and patents and asked me to be a partner—to advance money to get a patent ready. They also said they would get a rich wife for me. I went to my parents and my father agreed that I should sell my share in my farm. After that I went to see Mrs. Toth and Mrs. Takacs; they wanted me to send money to Paris, but I refused to part with my money until I had seen the machine; Mrs. Takacs said I should go to Paris to make acquaintance with the young lady. I had another interview after that with Mrs. Takacs at the fire station: she produced a letter and showed me a photograph of a woman, who she said was 23 years of age. She said Dr. Takacs had written to say I must send 600 kronen (about £8 6s. 8d.), as he needed it, but I wanted to see the machine first and to get my holiday from the fire station. Mrs. Takacs recommended me to leave the fire station: she said that if I wanted to marry that girl I could never be a fireman and advised me to open a restaurant. I did not get my holiday assigned from the station, so I sent in my resignation at the end of May. Before going to Paris I sold my farm for 3,000 kronen (£125) and had another interview with Mrs. Takacs. She told me the day before I left to secure a few new notes as a wedding present for my bride. I went to the bank and changed a 1,000 kronen note into 50 and 100 kronen new Austro-Hungarian notes. When I went to Paris I had notes for 3,000 kronen altogether. I was not able to speak a word of French and I showed an envelope which Mrs. Takacs had given me to the driver of a four-wheeler and went to a hotel, 69, Rue
de Martin. I again produced the envelope to the porter, who returned in a short time with Dr. Takacs Zoltan. Except for seeing his photograph this was the first time I had seen Dr. Takacs; we had a conversation in his room. He told me, "We are working in a patent machine with Mr. Albrecht"; he said he was in need of money and said, "We will go over to Mr. Albrecht and we will have a thorough conversation about it ": he told me, "The girl has just begun to learn Hungarian." We went to Albrecht's lodging and Albrecht showed me the drawings of the machine and gave me information about it, but I did not understand it. He said, "We must put the money into the factory." I said, "I will put the money down when we go to the factory:" They wanted 1,200 crowns (£50). He told me the factory was in England; I believed him because I saw the drawings were very nice. I paid 1,200 kronen to Dr. Takacs. They told me the same factory had got an office near Zurich, which would not be such an expensive journey as to London. Albrecht wrote two letters, one of which was to Zurich. The conversation was all the time about the girl and the machine. There was a meeting in the Cafe de Lupe, where I was supposed to meet the girl for the first time. Albrecht met us and told us that the lady had gone with her parents to Hong Kong the day before. I never saw the lady. I thought it was all a swindle about the girl, so I said, "I want to see the machine for the money I have put down." They said the factory was in England. I went to England with Takacs; we stayed four days at the Wilton Hotel, Victoria. Takacs took me to a factory, but the man would not let us in. The next day we received a letter at the. hotel, of which Dr. Takacs told me the contents; he said that the factory would let us in when they had given us permission to inspect the machine. As the hotel was too expensive we went to 223, Vauxhall Bridge Road and took a room. Takacs told me he had a letter from Albrecht, saying he was bringing over some paintings and drawings, which he wanted to photograph. On July 8 I went with Takacs to buy a camera and on the 10th to buy a lens. We stayed at Vauxhall Bridge Road until July 22. Takacs told me Albrecht was coming with a lady, and on July 22 we went down to Broadstairs to Annerslie Villa, where Takacs had a conversation with Mr. Storey; I could not understand a word of it; I did not know English. On August 10 I went to Guildford Street and met Albrecht. I suppose they spoke in English. They can speak Hungarian, English, and French; I did not understand what they said. Afterwards we went to Vauxhall Bridge Road; I said I wanted to see the machine and was taken to an office which they told me was the factory's office. We then went back to Broadstairs. Some days later they asked for 600 kronen (£25). Takacs and Albrecht took photographs of drawings at Annerslie Villa, but I did not take part in it. They showed me some printings. There was a lot of printing done: they had a square piece, also a round piece and a lady on the printing: I have not seen the films. I went to buy materials which they wanted and I also went shopping. Mrs. Pongracz, a friend of Albrecht's, was staying at Annerslie Villa till September 4; she could only speak Hungarian. We sometimes conversed about homely things.
On September 4 Albrecht, I, and Mrs. Pongracz went to York Street Broadstairs, Takacs having left about the end of August. Albrecht said he was preparing prints for a monument at Hong Kong. I have seen Albrecht's drawings on several occasions. In October Mrs. Pongracz went away. They have not paid me any money and I have not seen the machine. I demanded the return of my money several times, first of all when Takacs left us at the end of August. I have not seen Takacs since, but Albrecht told me he was in London when I threatened to report the matter to the police. Albrecht said I should not report him because if I did so I could never marry the girl who would be coming to England soon. He said, "The machine is ready and the French bank has deposited money through a banker in a bank in London." I think he said 40,000 francs (£1,500). On September 15 Albrecht and I came up to London and Albrecht took me to a public-house near St. Paul's; going there we met a man in the street whom Albrecht said was the man working on the patent machine. On November 12 at Broadstairs I received the telegram, Exhibit 23, sent by Albrecht from London and directed to 42, York Street. When Albrecht came down we went to a bank in Broadstairs, but we did not get any money. When we got home Albrecht told me that the money was in the bank and he showed me some cheques. He also said that the young lady was not well; she would be a month coming from Hong Kong to London, and would arrive the day before Christmas. We then went to London via Dover to 34, Bloomsbury Street. The young lady did not come; I told Albrecht, "I do not want the girl. Give me my money back and I will return." He said as it was just before Christmas the banks were all closed—they would return me the money after Christmas. Except a few shillings, all the money that I had brought from Buda Pesth was gone when I asked for the return of my money. They said they would give me plenty of money, but then he gave me the explanation that they made false notes. They told me to swear the conditions—that I should never give them away when I got into custody. I do not remember what I answered; I was afraid if I refused he would leave me in the lurch and I could not speak English. I agreed to his proposals; I was looking for the Consul every day after that; I asked people questions in the street. I could say as much as "Austro-Hungarian consulatish" and the police showed me the Consulate. When I came out I showed the policeman a note. At the Consulate they told me I must get some proofs. I went back to 34, Bloomsbury Street, going to bed shortly after 10: I thought in that blue-covered box (indicating a box in the court) I had got something I could take as a proof. It is in my box, but I had lent it to Albrecht and he had kept the key of it, so that I could not open it. The next morning Albrecht came into the room and had a wash; he then opened the box; he took out the fixing bath that they used for photography and packed in these glass films; he burnt a lot of drawings in the fireplace. He said he was sleeping in another room. He went down to this room and left the box open: I took out a few articles and put them into this kit bag of mine. Albrecht then came up; he noticed there was something missing from the box and told me to return them; I refused and
he hit me on the head with a bottle; I found the bottle near me and threw it at his head.
Cross-examined by Mr. Valetta. I first met Albrecht on the 19th or 20th June, in Paris, with Takacs; Takacs did not come with me to Paris. I saw Albrecht on several occasions during the week before June 26, when I came to London with Takacs, leaving Albrecht in Paris. At Broadstairs, about August 14, I gave Albrecht 600 kronen (£25); I have also given him a cheque for the rent. I gave Takacs 1,200 kronen (£50) in Paris. I paid my own expenses from June to August. I pawned some things in June for 140—150 kronen because they told me they would want a lot of money for the machine. In August I received 300 kronen from Hungary. I first knew for certain that Albrecht was forging banknotes on December 26 or 27—I never thought of it before. If I had known photography or any of these things I would have known it. I have done photography at Broad-stairs—we took one another. I was not there to study photography, I was waiting for the young lady who never came. I was to be a partner in the invention. I did not actually have a row with Albrecht. I only asked for my money—the whole amount which I had spent from the day I left Buda Pesth. He said he would return my money. In my two statements, one to the Consul and the other to the police, I did not mention this difficulty with Albrecht, because I was simply answering questions which I was asked. Takacs and I never told Albrecht at the end of August, "We are making false notes"; nor, upon Albrecht saying he wanted to have done with us, did we say, "If you attempt to go away we are two to one and we shall tell our story to the police." At the end of August I did not tell Albrecht that I had written to my cousin to say that Albrecht was the head of the gang, nor had I done so. Albrecht did not say that he would take good care that I should never actually put any notes into circulation. Albrecht and I were not bad friends continually from the end of August onwards—only when I was asking for my money. I used to carry a small bottle of medicine about in my pocket—it was not acid. The bottle of stuff I threw at Albrecht I found in the room. I was on very good terms with Albrecht when I came from Broadstairs because he promised me a lot, and I believed him. I had nothing to do with the production of the glass plate (produced); which I saw on. December 1. I am a poor working man. I did not know what it was for. I recognised the photograph on the glass as one of a banknote. When Takacs and Albrecht were there in the latter part of August they did a lot of photography together; I do not know whether this plate was made then. When I first saw it. I did not know it was useful for making banknotes. There used to be drawings on the table. Whenever I came in they would put another drawing on top—that did not make me suspicious. I was a fireman for two years; I have also been a inductor on a tramcar for about two months.
Cross-examined by Mr. Leycester. Although from June to the end of August I was living in the same house with Takacs, and from the middle of August to January 1 in the same house with Albrecht,
I never knew for certain that they were making banknotes until December 26 or 27, when Albrecht told me. The glass plate I saw on the beginning of December made me suspicious. Up till June I had always worked for my living; since then I have not done any work. Albrecht told me that Takacs used the name of Peters; Albrecht went by the name of "Kalman Etrienne" and "Albrecht." This did not make me suspicious, because I thought it a translation of his name. He used the name "Kalman Etrienne," which is his own Christian name. Mrs. Takacs told me about the invention as well as about the rich wife before I met Takacs. I intended to give 150 kronen in new notes as a present to the lady; the rest of my money was for the invention and for my maintenance until the patent was brought out. I did not know what the invention was for, what it was to make or work—I thought it was a factory machine to produce something. I have spent the whole of my money—3,000 kronen. When Albrecht came to Broadstairs for two days he and Takacs were making photographs from 10 a.m. to sundown. Afterwards Albrecht was making drawings of circles. I have not seen him copying from an Hungarian banknote. He made a drawing and copied it smaller in photograph—he told me that was for a monument for the Consul at Hong Kong. I used to clean the glasses and the zinc plates with emery powder. There were drawings on them. Once Albrecht brought me a plate to clean which contained a portion of a note; when he saw that he took it away and cleaned it himself. I did not know that at the time, but from what I learned since; the camera and lens were bought with my money. The only photographing I did was taking portraits. I have seen indiarubber things like those produced. I washed one of them; I afterwards saw one in a box, coloured green, like a banknote.
KALMAN ETRIENNE ALBRECHT (prisoner, on oath). I was born in Hungary, am 31 years of age, am an engineer and have been a naturalised French subject from October 15, 1905. From 1901 to October, 10, 1903, I was employed in Africa, and from October, 1903, to February, 1905; in China by the French Topographic Mission: I then went to Hanoi, in the same service, until June 7, 1907, after which I was employed by the British Government on tunnel work, till 1908: I was then employed for three months at Saigon by the French Government I returned to Paris on August 4, 1908, visited my relatives in Buda Pesth, returning to Paris in December, 1908, when I met Takacs for the first time in the Hungarian restaurant. My certificates, etc., relating to my service under the French Government, have been handed to and examined by the police. I last saw Takacs in Paris about the end of May. On July 28 I was in England, staying at Guildford Street. Takacs called upon me with Peter on August 10. He paid me back 10 francs that I had lent him. I only knew Takacs as "Dr. Dertischka." He introduced Peter and invited me to come down to Broadstairs for a visit, which I did on August 14, returning to London on August 17. I there met Mrs. Pongracz; she returned with me to London and remained two or three days. Takacs advised me that I could live cheaper at Broadstairs and I went there on August 17 and
remained with Takacs and Peter. On August 29 Takacs left owing to a dispute with Peter about money. On August 26 they told me they had come over to make false banknotes. I was cross and left them and sent a wire to Paris for money to enable me to leave. I went for my box, when Takacs and Peter refused to let me have it; they said if I left they would report me to the police—that they were two to one. A few days before I had seen Takacs touching up a photograph. When in London with Mrs. Pongracz she received a letter from Takacs or Peter directing her to purchase some things. As she did not speak English, I went to the Westminster Photographic Exchange, Victoria Street, and purchased the goods, which were sent direct to Broadstairs. I did absolutely nothing towards the making of false notes. After Takacs left I stayed until December at Broadstairs with Peter because. I was afraid of him. After August 29 Peter and I were on good terms because he promised he would not make any more notes. He washed off some 25 negatives. On October 9 I went with Mrs. Pongracz to Dover and returned to Broadstairs on October 11. I then found Peter had been making photographs. I told him if he did not break up all the negatives and glass plates I would tell the police. Peter said, "If you are going to report me I have got it all right"—that he had sent a letter to Buda Pesth and he would inform on me. We had a quarrel and he agreed to abandon it. After that he made no more plates. In December we came to London. On December 31 I came home about 1.30. Peter would not let me into the bedroom until the landlady spoke of going for the police and the landlady gave me another room. On January 1 I got into the room and Peter threw a bottle of acid at me. What the waiter and landlady have said about that is correct. The police came at my request. I did not throw the bottle at Peter.
Cross-examined by Mr. Rogerson. What Peter has said about seeing me in Paris about June is false. When Takacs saw me in Guildford Street Abbott was present. Takacs introduced himself as "Dr. Dertischka" to Abbott. Peter was in the room, but did not speak. The conversation was in Hungarian with Takacs and in broken English with Abbott. I do not know what money Takacs had from Peter. Takacs was always asking me for small sums for tobacco. I came to London with Peter about September 10 to assist him to pawn some jewellery which Takacs had left. I do not know if there are pawn-brokers in Broadstairs. I never received any money from Peter. He never asked me for any back. I came to London on November 12 to cash a cheque of 500 francs at the Credit Lyonnaise. I sent Peter a telegram about it because he said if I did not return that night he would report me to the police as making false notes. He said, "We are three to one." Peter was alone at Broadstairs at that time, but he was in correspondence with Takacs and Mrs. Pongracz.
Cross-examined by Mr. Leycester. I have written four letters for Peter to Lorilleux and Co. ordering bitumen of Judea, zinc plates and other materials, because I was afraid they would give me away to the police; he threatened to throw vitriol over me. I paid for them because Peter had not much money left. He told me he wanted the bitumen
to mend a bath. I did not think he was making false notes because he had broken the plates up and had promised to do nothing further. I knew the things were in Peter's box when we came to London in December.
(Wednesday, March 16.)
KALMAN ETRIENNE ALBRECHT , recalled; further cross-examined by Mr. Leycester. Takacs had not much money. I had an income from a house I let at 4,000 francs. I deny that I received letters from Takacs after he left England. I admit that I ordered chemicals, etc., from Lorilleux, but I did not take them away with me; they were sent to Peter at Broadstairs. In my statement to the Public Prosecutor I did not mention the purchases from Lorilleux or the incidents at Broadstairs. I offered to give any information that was required and should have disclosed all this if I had been asked. I did not speak about my invention to Peter until October. I never offered him a share in the profits. With reference to the telegram Exhibit 23, I had gone to London to cash a 500 franc cheque. Peter had told me that unless I returned the same night he would report to the police that I was making false notes. As I wanted to spend the night in London I wired to Peters that I had missed the bank. I admit that I made the drawings Exhibit 22; Peter gave me a small piece of blue paper with circles on it and asked me to copy it. I did not know that it represented part of a banknote, but I thought it was, and I therefore did not make an exact copy; I either left out one circle or put in an additional circle.
Re-examined. The police have had all the letters that came to me; they are personal letters and letters relating to negotiations about my patent.
Mr. Justice Bray. If there are any letters relating to negotiations with people in England I should like to see them. (On the letters being referred to, none were found relating to negotiations in England.)
Further re-examined. I have had monthly remittances from abroad all the time I have been in England. I did not meet Mrs. Pongracz in England until I saw her at Broadstairs. I did not know that she had anything to do with the forged notes until after Takacs left.
After deliberating for half an hour, the jury handed in the following: "We find Albrecht guilty; that Peter came over as a dupe in the first instance, though later on at Broadstairs and Bloomsbury he knew what was going on and to a small extent assisted in it under pressure of the circumstances."
Mr. Justice Bray said he could not accept the finding as to Peter. The question for the jury was whether Peter was in possession of these things without lawful excuse. If they accepted his story that he had possession of them for the purpose of giving proofs to the police, that would be possession with lawful excuse.
After further deliberation, the jury found Peter not guilty.
Sentence (Albrecht), Eighteen months' hard labour; recommended for expulsion under the Aliens Act.
BEFORE THE RECORDER.
(Friday, March 11.)
ELLIS, Arthur Thomas (32, dealer) , obtaining by false pretences from Charles John Dickins certain valuable securities, to wit, banker's cheques and orders for the payment of £400, £500, £1,000, £500, £500, £500, in each case with intent to defraud.
Mr. Bodkin, Mr. Leycester, and Mr. Roome prosecuted; Mr. George Elliott, K. C., and Mr. R. White defended.
Dr. JAMES SMITH. I practise at Putney and attended the late Charles John Dickins from the year 1900 till his death. He was about 76 years of age when I first knew him and was broken down in health and suffering from senile decay, but he lived until July, 1907. I knew he collected china; he often used to converse with me about it and it always excited him. I consider his physical condition affected his judgment. I have seen the prisoner at Mr. Dickins house and complained to him that his visits upset my patient.
Cross-examined. Mr. Dickins was easily influenced by anyone he trusted.
ALBERT SAPPERFORD , clerk in the Central Office of the Supreme Court of Judicature, produced various documents in the action "Stewart Cole and others v. A. T. Ellis." The action was tried before Mr. Justice Grantham and a special jury on May 11, 12,13, 1909.
OWEN WYATT WILLIAMS , chartered accountant, 14, Ironmonger Lane. I have examined the various books and invoices belonging to the prisoner which, were produced in the action and have traced the various transactions the subject of the present indictment. As the result of such examination I find in each case the prisoner purchased articles of china at certain prices which should have been resold to the late C. J. Dickins at the same prices, plus a profit of 10 per cent., as agreed, whereas the sums charged to Mr. Dickins were in excess of those paid by the prisoner.
Cross-examined. The books have been posted correctly except for the discrepancies I have mentioned.
(Saturday, March 12.)
ALBERT WILLIAM DICKINS , The Gables, Rusholme Road, Putney. The late Mr. C. J. Dickins was my father. I constantly saw him up to the time of his death. He was a collector of china and in the year 1879 disposed of his collection, but began purchasing again in
1899 I know prisoner; he used to visit my father and sell him china; they were on friendly terms. After my father's death his collection of china was sold at Christie's and prisoner suggested that he should assist in the sale in order to watch the interests of the estate.
Cross-examined. I was never consulted by my father either in the purchase or the sale of china, about which he was very self-opinionated. He considered himself a good judge and thought he had a very fine collection. I should say in 1899, 1900, and 1901 my father's mental condition was quite clear. Prisoner's visits to my father were made quite openly.
STEWART COLE , chartered accountant. I am one of the executors of the late Charles James Dickins. I took possession of his estate on his death and amongst his papers found a number of documents and letters relating to the purchase of china from the prisoner, which I produced at the civil trial. I was present during the trial of the civil action. The statement of claim distinctly raised the issue of fraud. Prisoner attended on the first day, but not afterwards. He did not give evidence, nor did anyone on his behalf. In the result the jury found for the plaintiffs and the judge ordered the documents to be impounded.
Cross-examined. It was stated by counsel who represented prisoner that he was absent under medical advice. The late Mr. Dickins had strong opinions, not only with regard to Dresden china, but on many other subjects, and had dealings amounting to £80,000 with a dealer other than prisoner. His collection after his death realized £42,000.
Detective-inspector WALTER DEW. On June 22 last I received a warrant for the arrest of the prisoner, but did not execute it till November 24, at 8 a.m., when I saw him alight from the Continental train at Liverpool Street. I arrested him and conveyed him to Bow Street and charged him. He replied, "I wish I had known of this; it would have saved me three weeks in a Dutch prison."
Cross-examined. Prisoner was in custody in Holland, but undertook to surrender if released, and I had been informed by his solicitors that he would arrive at Liverpool Street at the time I arrested him.
ARTHUR THOMAS ELLIS (prisoner, on oath). I am in my thirty-third year. I entered the service of Mr. Philpot, my predecessor in business, at the age of 17, and on his death in 1898, when I was 21, I took over the business. The deceased Mr. Dickins was known to me as a customer. He suggested to me that I should continue the business and said that he would assist me with regard to capital if I required it. I accordingly arranged with Mr. Philpot's widow to take over the stock and continue to trade in her late husband's name. Mr. Dickins was a constant visitor to the shop and gave me the benefit of his advice in making purchases of china at Christie's and elsewhere, and we arranged that if he wanted anything I had bought
he should have the option of doing so at the prices I had paid, but that he would allow me 10 per cent, as profit upon them.
Witness was examined at length upon the various entries in his books showing dealings with Mr. Dickins and explained that the alleged discrepancies between the amounts which appeared in them as having been paid by him for various articles and the amounts he had charged Mr. Dickins were caused by the system of "knock-outs" which prevailed at auctions. Under this system goods were acquired by one dealer at a price and the members of the knock-out subsequently met and held a second auction, at which an enhanced price was arrived at, the difference between the two prices being shared by those present. The price entered in the books was the original price, the second transaction being a cash transaction, in regard to which the payments were made in cash, and therefore did not appear in the books. Mr. Dickins knew of this system of knock-out and, in fact, suggested that I should join it, because I was sometimes unable to acquire things which he particularly wanted. With regard to other differences in the prices of articles in the books and those charged to Mr. Dickins, they were the subject of special arrangement.
(Monday, March 14.)
ARTHUR THOMAS ELLIS , recalled; cross-examined by Mr. Leycester. I had very little capital when I took over the business. I think I paid Mrs. Philpot £75 for the stock, which was not a large one. I paid nothing for taking over the name. I recognise the ledger produced as mine, kept by my clerk, Toogood. It shows an entry on February 28, 1899, a month after I began business, of "Stock, £523," but I do not know that I had paid for it all then; I owed for it probably. I borrowed some money. My relations with Mr. Dickins were simply confined to selling things to him as a fine art dealer, but there was friendship and confidence between us. In making out an account of my profits I never took into consideration any receipts from knock-outs.
(Wednesday, March 16.)
ARTHUR THOMAS ELLIS recalled, further cross-examined. In the stock-book there is entered a purchase by me from Hoffman of a "Dresden figure of a lady in crinoline, green cloak": in the day-book that develops into "A figure of Countess Cozier of fine old Dresden porcelain of exceptional quality in large crinoline, beautifully painted with detached bunches of flowers in gold trellis medallions, with long, flowing train of green colour on Louis XV. plain ormolu mount, £430." It is a well-known and valuable piece, but "Cozier" is quite wrong; it is "Koessel." I was not representing to Mr. Dickins that that was the Countess Cozier, the well-known Dresden China piece; it was entered as "Cozier" because he told me it was a figure of the Countess Cozier: it is the same Countess. Before that date I did not
know of the Countess Koessel as a very important piece of Dresden china; I had not heard of the name. In my affidavit verifying the Answers to Interrogatories in the civil action I describe myself as an expert in Dresden china and I consider myself one. I swear I had never heard of the Countess before. I was called as an expert on Dresden china in some litigation Mr. Dickins had with a dealer; I did not describe myself as an expert, but Mr. Dickins asked me to give expert evidence for him and I did. I accepted Mr. Dickins' account of this article and invoiced it to him as he told me and entered it so in the day-book. It was a revelation to me when Mr. Dickins pointed it out. Mr. Hoffman was not a dealer; he was a valet or butler to the late Captain Warrener and I always understood that this figure of the Countess and the other things I had purchased from Mr. Koffman from time to time were part of the collection of the late captain. Hoffman married Captain Warrener's housekeeper. Hoffman was an expert in china at the time I bought it and he helped his master to form his collection. Captain Warrener had unwittingly a piece of this celebrated Cozier china. None of us knew of its value till Mr. Dickins disclosed it. Somebody else also did not know it, Messrs. Christie. I fixed the price of it to Mr. Dickins in this way: I told Mr. Dickins that my cost price was £30, but prior to that he said when he saw it, "Why, that is my old figure; it was in my former collection and it was sold at Christie's in 1879 and it was catalogued by Christie's in that sale as a figure of a lady in crinoline with a companion figure of Augustus II. dancing the Minuet." He asked how much I had paid for it. I said, "I managed to buy it for £30." He said, "It is worth a lot of money; this is the rarest figure ever made at the Dresden factory; how much do you want for it?" I said, "Well, if it is such a valuable figure and you ask me how much I want for it, is it worth £500?" He said, "I am not going to say whether it is or whether it is not, but I will give you £400 profit on it"; and that is how £430 was arrived at. I was not under an arrangement to sell it to him for £30 plus 10 per cent. I sold the birds, which cost me £27, to Davis for £110 and the crinoline lady for £430, making £483 profit in one day. I recollect this album of photographs being produced at the police-court to Mr. Alfred Dickins. This photograph has written underneath it "Philpott 430" in Mr. A. Dickins' writing, done after Mr. Dickins' death. At the end of the book of photographs there is a pencil sketch of a similar figure with the hand of the lady raised up; in the photograph the hand is pointing down. I heard Mr. A. Dickins swear that the pencil sketch was that of the old piece that Mr. Dickins had with the hand up and the photograph of the piece with the hand down was the one in his possession at the time of his death; I say this is the original pencil drawing for the wood-cut illustration of that figure together with the companion sold at Mr. Dickins' sale in 1879; in addition to that there is another drawing which Mr. A. Dickins promised to bring up but which he has not done. The sketch and the photo, are obviously not of the same piece. If we could have the other coloured drawing it would clear the matter up very quickly. Mr. A. Dickins at Bow Street swore that he had known the pencil
sketch for at least thirty years. There is this entry in Stock-book No. 2: "July, 1902, 3183, Max Woolman half-share Dresden group Peter the Great and August the Strong pushing the World, £30," and in red ink, £60. Then across the page: "C. J. Dickins, D. B. 235." Turning to the day-book I find "Mr. Dickins, fine old Dresden group of two noblemen in masonic costume dividing the Globe, £440," six months after it was purchased. I paid £30 for it and Woolman £30. He had it to sell but could not do so, and I purchased his share out. We had a settlement in which there were a number of transactions of which this was one and we closed up a partnership. I think he had £60 on top of the original price, £120 altogether it cost me. The transaction is not shown in my cash-book because it took place in Berlin; my transactions abroad are quite different to those in England. There is no record of it here in my books so far as I know. I never told Woolman that I had sold the thing I gave £30 for for £440 to Mr. Dickins: it was not necessary, because it was not his property then: he had no further interest in it. Woolman is the furnisher to the German Court, a well-known dealer. I did not undertake to share the profit with him. He is alive. I admitted in the Answers to Interrogatories that I sold the seven pieces in the particulars to Mr. Dickins on the terms that he should pay the cost price plus 10 per cent, to me by way of profit. At the trial of the civil action no witnesses were called for me. I do not know whether any application was made for an adjournment of the case, I was present on the first day but not the others, as I was ill. I never told my solicitor to apply for an adjournment when I found I could not; be there. I went abroad a few days after the result of the trial. I was attending to business at Rotterdam. My wife was in England. My business between the end of the trial and May, 1909, was sold up by Mr. Dickins' executors. I have not been carrying on business under name of "Philpott" since. Before the action came on to be heard, I sold my business to a company called "Joseph Philpott Limited"; that was in October, 1906. The stock was valued to the company at £2,701 1s. 3d. The share capital of the company was 4,000 shares; there were two directors, myself and Mr. Falcon; I held 3,500 shares and he held one. The company took over the assets, stock, and office furniture.
To the Recorder. In the action I was charged with fraud. I say there was no fraud. I did not defend the action because I was taken very seriously ill. I was represented by a solicitor and counsel. I had no voice in the matter of asking for an adjournment of the hearing; my breakdown was too sudden. I had an absolute answer to the charge and was prepared to go into the witness box. No application was made for a postponement; I was entirely in the hands of my solicitor; I acted under his advice. The question was never discussed. I never asked for a new trial afterwards.
Re-examined. There has been a good deal of mental trouble in my family; my father died in a lunatic asylum. At the end of the first day of the civil action, on going home, I found two of my children ill with scarlet fever, which very much upset me and I took no further
part in the matter. It was left simply in the hands of my professional advisers. I was represented to the end. The "knock-out" takes a variety of forms; it is not limited to auction sales in public. If two dealers see an article in a shop and they both want it they mutually agree to buy it and settle it under knock-out principles when they get outside or at some future time. Prior to being admitted to the knockout ring at Christie's, which was at the suggestion of Mr. Dickins, I had various knock-out transactions of the class I have just described and had accumulated a fund of ready money which is required in such matters. I produce a list of various knock-out rings I entered before entering Christie's, made from my cash-book, which is here: it accurately shows a number of transactions I had from January 17, 1899, to May 21, 1899. In connection with those I would either pay or receive money. At that time I had a fluctuating amount of cash in the safe for dealing with those matters.
To the Recorder. As far back as the writ I was given notice of a charge of fraud and it was not merely when I received the amended statement of claim. It was after the issue of the writ I converted my business into a company.
CHARLES WILLIAM DOPSON , manufacturer of caementium, 31, Tanner Street, Bermondsey. I was connected with the art world from 1888 down to about seven years ago. I have never kept a shop. I first knew defendant about 1900. I knew the late Mr. Philpott and knew defendant as his assistant: that would be before 1900. Mr. Philpott was more of a commission agent than a dealer: he was a good judge of Oriental china. I have never to my knowledge seen a piece of Dresden china in his shop. I think Mr. Philpott died in December, 1898. Defendant then took on his business. I used to go about with him because he was afraid of his own judgment; not particularly to sales, but more often to collectors' private houses. At the end of 1898 and 1899 the general knowledge of the trade as to Dresden china was slight; it was not fashionable and was not much dealt in. About ten years ago it began to be largely dealt in. (Witness spoke to a number of transactions between the late Mr. Dickins and defendant and other dealers, in which Mr. Dickins must have known that defendant was charging not merely commission, but profit arrived at in various ways.) Everybody who buys from dealers knows of their methods. If a person has a knowledge of dealers it is quite impossible for him not to know about the knock-out. I was prepared to give evidence in the civil action; I was not subpoenaed, but I volunteered to defendant's solicitor to go; I gave no proof of my evidence.
ALEXANDER JONAS MORTON , manufacturers' agent, and ARTHUR HARE, dealer in china and antiques, spoke to the practice as to "knock-outs," and said that they had many transactions of the kind with defendant.
EDWIN JAMES TAYLOR , managing clerk to Mr. Julius Alfred White, defendant's solicitor, said that inquiries had been made as to various persons whom it was desired to call for the defence, and it was found that they had either died or were out of the jurisdiction.
(Thursday, March 17.)
Verdict, Guilty on four counts of the indictment.
Sentence was postponed till next session.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 9.)
Prisoner was stated to have been of good character, but to have taken to betting.
Sentence, One month's imprisonment, second division.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 10.)
Mr. Eustace Fulton, who appeared for the defence, moved to quash the indictment on the ground that it alleged that prisoner attempted to procure the girl to have connection with another person, to wit, himself. He submitted that that was not an offence in law, because the section said "a person who procures or attempts to procure a person to have connection with some person other than himself."
Mr. Frampton, who appeared for the prosecution, agreeing, the indictment was quashed.
BEFORE THE COMMON SERJEANT.
(Friday, March 11.)
Mr. Moore prosecuted.
PERCY HURD , 115, Dale Road, Canning Town, employed by the "Star" Newspaper Company. At the back of my premises is an open carpenter's shed, abutting on to the garden of 126, Liverpool Road, a wooden fence, 5 ft. high, dividing the two gardens. On
February 21, 1910, at about 8.30 p.m., I put my bicycle in the shed with the pump. The next morning, at 8.30, I found both missing. I communicated with the police, and have since seen the pump (produced). I do not know the prisoner. The bicycle has not been recovered.
Detective JOHN MARTIN, K Division. On February 22, at 10.30 a.m., in consequence of what I was told by prosecutor I examined at 115, Dale Road, and in the garden of 126, Liverpool Road, saw marks of a bicycle wheel and marks on the fence. I saw the landlady at 126, Liverpool Road, and searched the premises. In the back kitchen on the mantelpiece I found pump produced. In the ground floor back room, the door of which enters the yard, I found prisoner asleep at 11 a.m. I woke him up and said, "I am a police officer. I shall take you into custody for stealing from the rear of 115, Dale Road, a bicycle during the night." He made no reply. He got up and dressed, and I took him to the station. I also took a woman named Conroy and a man who were sleeping in the front room to Plaistow Police Station—they were eventually released. When at the station prisoner said, "These people know nothing about it. The man you want is George Hayes; he was with me. I brought him home last night." Upon that statement the others were released. Prisoner when charged made no reply; he subsequently said he wished to call his missis. (To the Judge.) The footsteps in the garden indicated that more than one person had removed the bicycle; there were also earth marks on the fence. In the house there was Mrs. Madden, the landlady, prisoner, Mr. and Mrs. Conroy, and two other women. The upper floor was occupied by Harris and his wife—a respectable man. Prisoner told me I should find Hayes at Crawford's lodging house. I inquired there of the deputy, but he knew nothing of Hayes.
JAMES MAXWELL (prisoner, on oath). On February 21, at 12, mid night, I met a man named George Hayes, who asked me for the money for his lodging. I said I had not the money, but I sympathised with him, took him to my room, and offered him a shelter for the night, as it was raining very hard—he lay on the floor. I went to sleep: during the night he went out without letting me know he was going, and I have not heard of him since. The next morning the detective came, told me about the bicycle, and arrested me. I made no reply, as I was taken by surprise. The pump was found in the kitchen adjoining the yard. As I was going to the station I asked the officer where the bicycle was stolen from, and he told me about it. I asked whether it was a valuable bicycle, and he said it was not much good. I was convinced that Hayes had gone out during the night, that Mr. and Mrs. Conroy had not taken the bicycle, and that Hayes was the man. I assisted the police as much as I could to arrest Hayes, which would have proved my innocence. It is hard lines for me to go to prison for another person's crime.
Cross-examined. I had known Hayes about two months ago, when working on a C. P. R. boat. I was surprised when the detective came. There is no door from my room to the backyard. I did not deny it to the officer because I was surprised. I made a reply at the police court. I said, "I wish to call ray missis to say that once I got in the house I never moved from the room. The pump was found in the empty off-room. That room anyone could go through. I do not think on these grounds the officer should have charged me."
MARY MAXWELL . I live with the prisoner. On February 21 he came home at about 12 to 12.30 midnight, went to bed with me, and never moved out of bed until the officer woke us next morning. I was asleep. Prisoner brought a man in with him who wanted shelter, a stranger to me, and we let him lie on the floor. The man went out of the room while I got into bed. I fell asleep immediately, and saw nothing more of him.
Cross-examined. I was examined by the magistrate. I may have said the man lay down for five minutes and then got up again. I don't remember him lying down. I heard no sounds during the night. Prisoner was by my side, and he did not get up. I have been convicted of stealing. There was another man, a woman, and a baby sleeping in the same room on a bed on the floor. Prisoner does not drink. I did not know the man prisoner brought home.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Wednesday, March 9.)
WHEELER, Ernest (31, labourer) pleaded guilty , of attempting to steal one hand-bag containing one purse and other articles, and £2 7s. 2 1/4 d., the goods and moneys of Beatrice Search, from her person.
Prisoner stated that he was starving when he made the attempt. The Common Serjeant had him put back till Friday, March 11, when Mr. Walter Spencer, of the Church Army, having undertaken to look after and find him work, and report on April 26, prisoner was released on his own recognisances in £10 to come up for judgment if called upon.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 10.)
The previous convictions were duly proved.
Detective-sergeant LONG. I did not serve prisoner with the notice. The officer who served him with it is unfortunately in hospital with scarlet fever, but I have a copy of the notice endorsed by the officer who served it, and whose handwriting I know.
Judge Lumley Smith. I do not think that proof of notice is good enough. Moreover, I do not think this is a case for penal servitude. The jury had better find that he is not a habitual criminal.
Verdict, Not guilty.
Sentence, 18 months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Saturday, March 12.)
TAYLOR, Thomas Edward (32, postman) ; stealing a postal letter containing a postal order for 3s. 6d. and two penny stamps, the goods of His Majesty's Postmaster-General, he being an officer of the Post Office.
MRS. DEAR, 1, Manor Grove, Richmond. On February 1 I bought a postal order for 3s. 6d., and enclosed it in a letter to Fidler and Sons, Reading, with two penny stamps. I posted the letter at 8.55 a.m. on February 2, at the New Richmond Post Office. As Messrs. Fidler did not reply to my letter I wrote again. I then made complaint to the Post Office.
CHARLES BUTLER , manager, "Wheatsheaf," Richmond. On Wednesday, February 2, in the evening I saw prisoner in my bar. He purchased a bottle of stout and paid for it with this postal order for 3s. 6d.; I gave him 3s. 3d. change. I paid it in to the brewers on the following Monday. Prisoner was a stranger to me.
Cross-examined. You were dressed something like you are now. I have never seen you in uniform. I never knew you were a postman.
PERCY WHITE , detective attached to the General Post Office. Prisoner was put up for identification at Richmond Police Station on March 1 with eight others. Mr. Butler picked out prisoner as the man who changed the postal order. Prisoner was charged with stealing the letter. He said, "I know nothing about it."
had the postal order in my possession. As I collect my letters I put them in the sack, take them to the head office, and they are all put on the table mixed together with the other men's. Then they are faced up and put on a rack to be stamped. Then I go home. I come on duty again at 3.30 up till 8.30. Then I go home and get home about 9.30. Then I go round and get the wife's beer about 9.30 or 9.45 from the "Wheatsheaf." I would then be in uniform. I had no other clothes. I was arrested three weeks after. I remember this Wednesday evening well because I had no coat, waistcoat, or trousers. The postal officials got my trousers out of pawn when I was arrested. I pawned them in June last year.
Cross-examined. My last address was Greville Road. I went to live there on January 29, a Saturday. I got beer every night at the "Wheatsheaf," a pint. My wife does not drink stout. I am a teetotaler. I did not have the coat and vest I have on before February 15 I bought them from my lodger. All my clothes were in pawn. I left the Post Office on February 2 at 8.30 p.m. I do not sign a book; the overseer signs for us. It is my duty to collect letters at the New Richmond office at 9 a.m. and take them to the office to be sorted; they pass from my hands to the hands of the stamper; they are passed on to the sorter. When I went for the beer I used to see Mr. Butler; his wife sometimes served me.
Verdict, Guilty, with a strong recommendation to mercy.
Sentence, Nine months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, March 15.)
WILSON, Joseph (36, poultry breeder) , obtaining by false pretences from Messrs. A. F. Shirley and Company six dozen tins of lactol and other articles, with intent to defraud; obtaining by false pretences from William Thyne four and half hundredweight in weight of paper bags and other articles, with intent to defraud; obtaining by false pretences from John Henry Dixon three hundredweight in weight of poultry and pigeon grit and other articles, with intent to defraud; stealing four gas stoves, the goods of Frederick Check.
Mr. Pickersgill prosecuted; Mr. H. J. Turrell defended.
WILLIAM STRATHIE , traveller to William Thyne, printer and stationer, Edinburgh. I first saw prisoner at the "Grove Hotel," Wimbledon. He said he was opening a business in the neighbourhood. He said he had a large round as a corn dealer and dealer in poultry and miscellaneous goods. We went to the shop, 47, Kingston Road. I showed my samples and he chose different bags that he could do with and gave me printed matter to put on them. He ordered four and a half hundredweight of bags; the terms were 5 per cent, discount at a month. He said he had two or three men on the round beside himself The bags were supplied. The account was £19 11s. 9d. When I
pressed prisoner for payment he said his expenses in putting the shop to rights had been so heavy that he had difficulty in finding the money, and, further, that his brother and he had had a lawsuit over the money, and asked me to let it stand over, which I did. Eventually he told me the lawsuit had been settled, that the money was all right, but that his brother was responsible for the account. That was the first time I ever heard of his brother being responsible for it. I made repeated calls. There would be a notice up, "Back in 10 minutes," but you could wait hours and he did not turn up. I advised my firm to supply the goods because they were printed with his name, which is very unusual with people who do not intend to pay for them. Prisoner said he banked with the London and South-Western, Fulham.
Cross-examined, I was persuaded to take the order in the usual way of business. I was not too eager. I did not think at the time that the bags would be much good to anyone else. I took the order on July 4. We had a letter from him on August 13 saying he was going to open the business on the Saturday following.
Cross-examined. I supplied the goods on the strength of my representative's statement that he had made inquiries and was satisfied.
FRANK TRING , corn merchant, 175, Lillie Road, Fulham. I know prisoner. He called on me on August 11. I bought from him a quantity of bags for £1. He said he was short of cash and had too many bags on his hands.
Cross-examined. Bags are a great item with us and if you can buy a bag with a name on and it is a little bit cheaper it saves you money. I did not think there was anything wrong with the transaction. I should assume he had been disappointed in the business he was doing and had too many bags. That is not uncommon in our line.
JOSEPH HUTCHINSON , 119, Dawes Road, Fulham, ironmonger. I have known prisoner about a year. I have sold him wire, nails, etc. I bought some wrapping paper from him for £1 7s. There was more than one hundredweight.
Cross-examined. If I had examined the paper before I paid for it I would not have had it; it was damaged by wet. I took it as a bona fide transaction.
WALTER D. JENKINSON , 14, Church Lane, Handsworth. I am employed by my father, who trades in the name of Dixons. On August we received an order from prisoner for goods to the value of £2 11s. 9d., which were dispatched on the 19th. We dispatched further goods on October 7, value 10s. 9d. We have not received payment.
Cross-examined. The goods were such as a man would require for resale in a poultry dealer's business. Prisoner applied for wholesale terms, which means he wanted them for resale. The second lot was supplied after we had asked for payment for the first. My brother
called on prisoner and got the first order. He does not persuade people to give orders; he simply calls for them.
FREDERICK H. JENKINSON . I am employed by my father as commercial traveller. I was directed by my firm to call on prisoner about the end of September. Our firm had then supplied him with one lot. He made out that he was in a big way of business in poultry and corn. The wholesale price of our penny packets of poultry powder is 8d. a dozen, of 6d. packets of roup powder and pills 4s. a dozen, of 3d. packets 2s. a dozen, of a dozen bags of 34 1b. each of pigeon gravel 2s. 8d.
Cross-examined. I called on prisoner at Kingston Road. I went to see what sort of business he had there. I was satisfied with what I saw. I gathered from what he told me he was working up a business and was prepared to supply the goods on credit. We have to do a bit of speculative business.
ARTHUR B. POWER , 46, Borough High Street. I am employed by Messrs. Shirley, of that address, as traveller. They are dog food and medicine manufacturers. About October 25 a letter was written to Wilson and Co. asking them to be an agent of ours. This letter is the reply we received. The goods mentioned in the letter were sent the following day. On November 9 I called at 47, Kingston Road. I did not see anyone in the shop and had to wait a minute or two till prisoner came. I had difficulty in finding the shop; there was no name up. He told me he had only just moved in from one further up the road or in the district; the business had been transferred. He told me his brother was out and that he was the man who ordered goods required for the shop. He told me his brother had a horse and cart round for the sale of all kinds of goods appertaining to a corn chandler's, and he called on the very best people even as far as Epsom. I then took an order from him for one dozen shilling and half a dozen half-crown tins of lactol. We also supplied him on another order with goods, having previously called his attention to the fact that his previous account was overdue. We got into touch with him through a firm of Messrs. Causton, advertising specialists, who canvass corn dealers asking them to exhibit one of our tablets on the window. Prisoner wrote to us. It was his mentioning the round that induced me to recommend my firm to supply. I should have advised my people not to send on the class of shop. The wholesale price of lactol is 2s. 1d. for the 2s. 6d. tin and 10d. for the 1s. tin. There is a stipulation on our price list and invoice that the price should not be cut.
Cross-examined. We asked prisoner to act as our agent. We sell the goods to him and he retails to his customers. I call that becoming our agent. It is important the lactol should be kept dry. If it gets wet it is depreciated in value and the proper thing would be to return it to us. We should take it back and not charge for it. Everybody is told that in the letter we send. That means any bad stock supplied by as we take back. If it is damaged it would be wrong to sell it, because it would do harm to the puppies. It cannot get damaged unless the tin is broken. I do not think when I called on prisoner he told me he had moved from a house in Cliveden Road, where he carried on poultry
farming: I understood he was a corn dealer; he mentioned poultry keeping. He said his round was a good one.
WILLIAM ABBOTT , traveller to W. T. Abbott, corn merchant. I called upon prisoner in November for orders. He gave me one. He showed me some goods in, I think, Tate's sugar boxes; they were lactol, roup powders, and roup pills. He said he had bought them at a bankrupt sale. He asked me to sell the half-crown tins of lactol at £1 a dozen and the 1s. tins at 8s. a dozen, and the roup pills at 8d. a dozen. I sold the lactol to Mr. Smith, 47, High Street, Merton, and I. and B. Marsh. I accounted to prisoner for the money I received. I received 4s. commission for the sale of the lactol. I sold the roup pills to P. King, Tribe and King, Mr. Challis, and Webb and Thompson. Prisoner afterwards asked me why I had not sold any lactol lately and showed me some behind the counter. I made no answer to that. He said, "Well, go on and see what you can do." On leaving the door he said, "Any time you want anything come to me, but mum is the word." I sold some roup cure for poultry after that, a 6d. packet. Prisoner did not work a corn chandler's round, to my knowledge, nor did his brother.
Cross-examined. I sold stuff to prisoner and bought from him. He has never swindled me. I sold all the stuff except the lactol at the wholesale price. They were all job lots. The lactol was not damaged. He did not say anything about it being damaged. Prisoner bought poultry mixture and middlings from me. He kept poultry in the back yard, not a farm. I saw a few in the shop sometimes, caged up.
GEORGE H. MORRIS , 55, Garfield Road, Wimbledon. I have known prisoner five months. He used to come and ask me if I could do a day's work. I was employed fetching incubators from Cliveden Road to Kingston Road. That would be June or July when I first made his acquaintance. I used to call at the shop when out of employment each morning. Prisoner had not a corn round or vans, to my knowledge. I took out goods with Mr. Abbott. I took some lactol out and some grit. Prisoner and I delivered some grease-proof paper at an ironmonger's in Dawes Road, three or four hundredweight.
Cross-examined. I was casually employed by prisoner for five months. He was doing business during that time. He went on a round with a horse and cart trying to sell stuff. I never went to Epsom with him. We generally done the Fulham round. I believe he was trying to work a chandler's round. He was also trying to carry on business at Wimbledon.
Re-examined. I regarded prisoner's business as a corn chandler's business. We took out goods in the van—poultry mixture, things in reference to poultry chiefly.
MARK BROWN , clerk, 32, High Street, Wimbledon. I have known Mr. Abbott five or six years. On November 17 he asked me if I could do with some lactol that he had to sell. I bought six 2s. 6d. tins and 10 1s. tins. I paid 1s. 8d. each for the former and 8d. each for the latter. About December 11 I bought from him one dozen small tins for 7s.
JAMES MARSH , traveller to Cook and Co., Ltd., colour printers, Leith. I called upon prisoner about August last year. I presented my card and asked if there was anything we could do for him. He said be would like to see samples of calendars and almanacs. I asked what kind of business he was doing. He said he had a very good business and had a good corn connection round about the district. He said something rather indefinite, but I remember he said they had a place somewhere in the country, where they produced part of their own goods. He ordered 150 almanacs and 100 tear-up calendars and I think 1,000 cartons to pack peas in. The total value was about £7. The goods were sent. I called at the shop early in January. It was locked up.
MICHAEL H. MILNER , of James Hunt and Co., Limited, printers and stationers, Fulham. I called on prisoner at Kingston Road about November 1 and again a fortnight afterwards. He told me he was doing a large corn business out of doors, but did not do a great deal in the shop. He said he had horses and vans working the round. He said, "You see the van standing outside; I am just off in it to collect accounts." He gave me an order for 300 printed bags with his name on and three-quarter hundredweight plain bags; he said he wanted them in a hurry. I sent the order to my firm. I booked a second order. When I asked for payment for the first he said it was not due for a day or two. He has not paid, to my knowledge, I was led to call upon him by having a card given to me by the secretary or one of the members of my firm, who told me to call on him; it was a card prisoner had left at our stall at the Bakers' Exhibition asking for a representative to call. The goods were supplied because of his representation that he was doing a good business out of doors.
FREDERICK J. GURNOW , secretary, James Hunt and Co. I have seen some of the goods we supplied in Mr. Swindell's shop. We supplied three hundredweight of brown, half hundredweight of white bags, and three and half hundredweight of grease-proof paper.
GEORGE SWINDELL , 219, Munster Road, Fulham, greengrocer. I know prisoner. I called on him at 47, Kingston Road just before Christmas about some money he owed me for hire, as he had told me he was about to move. He asked me to take in payment some bags and things they show chickens in. I took them. They were not worth more than 18s. I allowed him £1.
Cross-examined. I have bought chickens from him and sold him some. He paid me.
ALFRED CURRIE , ledger clerk, London and South-Western Bank, Fulham. We had no customer of the name of Joseph Wilson or Joseph Wilson and Co. on our books in June last. We had in March, 1909. The account was closed. The last entry is end March.
PERCY WELL , 1, Holies Street, Cavendish Square. In May last I was in the employ of Ogden and Sons, estate agents, at Wimbledon. Prisoner got particulars of the shop at 47, Kingston Road, had the keys, said he liked the shop and made his offer. He said he wanted it for the display of incubators, which he made. The owner inquired into his references.
CHARLES NEILSON , 4, Stone Buildings, Lincoln's Inn. I let the premises, 47, Kingston Road, to a man of the same name as prisoner. I never saw him. No rent has been paid. At the beginning of this year he sent the key to me. I do not know if he was in possession then or not.
Detective-sergeant GILLON, B Division. On January 25, about 8 a.m., I went with Detective-sergeant Egborough to the Bungalow, Acacia Grove, New Maiden. I went to the front door, Egborough to the rear. I knocked several times, but got no answer. I then looked through the glass panel and saw prisoner in the hall. I knocked again, and again looked through the glass panel; I saw prisoner go to the back door and lock and bolt it. I called through the letter box, "I can see you: I am a police officer and hold a warrant for your arrest; unless you open the door I shall break the panel." Prisoner then opened the door and let us in. I told him I held a warrant for his arrest for obtaining goods by false pretences from Shirley and Co. I cautioned him and read the warrant to him. He said, "I have been expecting you for some time; is this the only case?" I said, "No, I am sorry to say there are several others. It is alleged that you have obtained paper bags and other material from an Edinburgh firm named Thyne." He said, "Yes, that b—Scotchman has hung on me ever since." I said, "I also ascertain that you have been selling some of the goods under wholesale price," and he said, "Yes, I have sold some of the goods under prices; I am very low down, but I have got to live." (Judge Lumley Smith: It is "leave" on the deposition, not "live.") I then searched the premises and took possession of a quantity of goods, some the subject of the charge which is being inquired into. Prisoner said none of the things in question had been paid for.
(Wednesday, March 16.)
JOSEPH WILSON (prisoner, on oath). I took these premises in Kingston Road on June 14 last. Before that I had carried on a poultry dealer and breeder's business at Cliveden Road. I did not sell corn-chandler's stuff. I intended to carry on an honest business. My mother gave me £50 in different amounts. Causfon's asked me to put up Shirley's advertisement. Then Shirleys wrote and asked me if I would take up their goods. I asked them to call on me. They did so and asked for orders. I intended to sell their goods at a profit. The representation I made was that I was working up a round. I did not say my brother was working up a round; he sometimes helped me to take goods out. The business did well at first, then I had a great loss with the rain coming through the roof. It damaged the labels of the lactol; it also damaged the pills and some of the paper. I had the roof repaired two or three times. I did not sell these things because I was pushed for money; I could have gone to my mother and got money to carry on the business. I sold it because it was damaged. I did not tell Mr. Abbott the goods were bankrupt stock; I said it was a damaged lot. The business failed. I left just before Christmas. I was arrested at New Maiden, about a mile away. When the officers searched me and found the two pennies they said, "Is this all the money you have in your pocket?" I said "Yes." I was not very hard up at that time; I was going to my mother that day to get more. When I left the business I had £8 or £9, out of which I paid for moving and my gardener for looking after my poultry and the horse and cart. I hired the horse and cart.
Cross-examined. I kept books at Kingston Road. Detective Gillon has got them. When I started I used to take £7 or £8 a week; after two or three months it went lower. I had a banking account at the London and South-Western Bank, Fulham. They asked me to close it. I have some money there now; I have never closed it. I did not tell Mr. Strachie that my brother and I had a tidy bit of money left us; I said my mother had given me a certain amount to start business with. I described myself on my billhead as a corn dealer. I got other people to draw up the billhead and the printers suggested that should be first. They gave me a proof and I agreed to it. When I took the premises I said I wanted them for a poultry farmer, poultry food and corn dealer's. I told Mr. Wareham I wanted it for the display and sale of incubators which I made. I have made them before that in Cliveden Road. I told him I had certain contracts in hand for laying down, not dynamos, but motors. I left Cliveden Road because the neighbours complained of the fowls making a noise and flying into their gardens. I did not tell Mr. Power I had an old-established round. I said I was working up a new round. I said my brother went with me. He did not come to the shop; he met me at a public-house. I told him I had two men and that Morris helped me on and off. I should think Morris went on the round with me
perhaps 50 times; it might be 100. I did not tell Cook's traveller that I produced a part of my goods in the country. I did not tell Hunt's traveller I had a corn business in Mitcham and horses and vans working; I said I had a very good poultry and poultry food round. I told him I had one horse and van and he saw it outside. I asked Abbott to travel for me. I told him the lactol and roup pills were damaged stock. They were sold as a job lot. Abbott disposed of a considerable quantity of lactol. After he had done so I asked him to get rid of the pigeon grit. I cannot remember saying to him I had got in some more lactol and would he try and sell it. I never said to Abbott, "If you want anything I can get it for you, but mum is the word." (To the Judge.) The further lot of lactol that I got I had on order. I sold it at fair prices. I have taken prizes for breeding poultry. I have been breeding between three and four years; I can call Detective Weston, who has given me orders for Orpingtons.
Detective-sergeant GILLON, recalled. I took possession of no books.
Cross-examined. There was an old book with a cover; there were no entries in it, as far as I could judge. As far as I know, it is at the Bungalow. I went carefully through it. There were no entries of a business transaction. There were no legible entries. I was looking for documents to assist the case for the prosecution and when I found a book which did not assist that I left it in the Bungalow.
JOHN WILSON . Prisoner is my brother. My mother advanced him over £50. When he opened the place he was under the impression he could do a good business. I believe he had a good business at first. I assisted him to serve customers and have been with him on his round.
Verdict, Guilty on second and third counts.
Sergeant GEORGE WESTON, G Division. I was present at this Court on July 22, 1901, when prisoner was sentenced to 18 months' hard labour for forgery and uttering. He was released in October, 1902. Since then he has been living by fraud.
Sentence, Two years' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, March 16.)
Mr. H. Condy prosecuted; Mr. Herman Cohen defended Franklin.
WILLIAM SALAZAR , 98, Railway Street, Barnes, wood chopper. On February 5, at 10 p.m., I examined my fowl-house. The fowls were all right. Next morning a game cock and a white one were missing. The fowl-house had been broken open. I found feathers on the ground—two or three handfuls. The prisoner Franklin lives next door to me. I traced the feathers from the fowl-house to the street.
ALFRED ELLIS , 51, Thorne Street, Barnes. I know prisoners by sight. I saw them about midnight on February 5 coming out of 98, Railway Street. Austin was carrying two fowls, the white one under his overcoat. The other man had no overcoat. They said good-night. Next morning I heard Mr. Salazar had lost two fowls. I saw Franklin between 7 and 7.30 on the 5th. He asked me if I had seen Austin; I said "No." He said, "He has got my overcoat. He has gone to crack a crib."
Cross-examined. I understood Austin had gone to break in somewhere. I was not very much shocked. I did not inform the police. I informed prosecutor when I heard he had lost his fowls. I am not a friend of Austin's. I could not say if I believed what Franklin had said.
JAMES COX , 7, Thorne Street, Barnes. Between 12.20 and 12.40 on February 5 I was about the centre of Railway Street about 30 yards from No. 98. There is a passage between prosecutor's and Franklin's brother's house. I was with last witness and two more men. As Franklin and Austin approached I saw Austin with a chicken under each arm. As they went by they said good-night. Franklin said to Austin, "Take no notice of them," meaning us. I picked them out at the police station.
Detective EDWARD HUNT, B Division. On Sunday, February 6, I went to prosecutor's house. I examined the fowl-house and found a quantity of feathers lying about the run and strewn up the side passage across the pavement into the street. A communication was made to me and I saw prisoner Austin in Sheen Lane about 8 p.m. I stopped him and told him I was a police officer and was making inquiries about some fowls that had been stolen from 98, Railway Street. I told him he had been seen to leave the side passage of 98, Railway Street in company with another man carrying fowls. He said, "I know nothing about it. Whose place is it they were stolen from?" I told him the number of the street the fowls were stolen from. He said, "That is Salazar's house, is it not?" I told him it was. I did not take him to the station. He said, "I don't know anything about it. You had better come and see if there is anything at home." I went to 25, Hampton Square with another officer, who stayed downstairs with prisoner while I examined the premises. Under the bed I found white fowls' feathers. I collected them and called Austin's brother's attention to them. He said, "I suppose they come out of the bed." The bed was a flock mattress. I went downstairs and called prisoner's attention to the feathers; he also remarked he supposed they come out of the bed. About an hour afterwards I went to Franklin's house. His brother was with him. I told him I was a police officer making inquiries about two fowls that had been stolen from next door; that he was seen leaving with another man the side passage and the other man was carrying fowls under his coat. I told him the other man was detained at the police station and I should take him there and put him up for identification. He said, "Well, that's a bit of all right; I suppose somebody round here will swear our lives away, but I was blind drunk, lying on the floor at my brother's place at 11.30."
Prisoners were identified by four people in my presence. They made no reply to the charge. A few minutes afterwards they both said, "I don't know anything about it."
Police-constable LOVETT, 76 V. On Sunday morning, February 6, I was on duty in South Warple Way. I saw prisoner Franklin wearing an overcoat. As he passed me he said, "Halloa, governor, good night." I said, "It's a very fine morning. Good morning." He asked me for a bit of tobacco. He was going in the direction of Barnes.
Police-constable BACKHURST, 234 V. On February 6, at 8 p.m., I was on duty in Machin Lane. Detective Hunt had Austin in custody. He went to Austin's house. Hunt came downstairs with some feathers. Austin said, "They must have come from out of the bed."
WILLIAM AUSTIN (prisoner, not on oath). I do not want to go on oath. I was indoors between 11 and 12 o'clock on Saturday night and I have witnesses to prove it. I was very drunk. I never had no over-coat on.
Mrs. AUSTIN (prisoner's wife). On Saturday, February 5, I went to the top, Hampton Square, as my husband had not come home. I asked a gentleman passing by the time, as we had no clock in the house; he said it was one minute to half-past eleven. I went down home again and put my baby to bed. I went to the top of the street again to see if I could see my husband coming. I see a man rolling along Sheen Lane from one side to the other, as if drunk I ran down home because he would be wild if he saw me out at that time of night. I had not been indoors a minute or two before he fell in the door. I went to the door. He was lying on his face on the oilcloth. I said to him, "You looks a pretty boy, you would be better off in some home." I got him to the kitchen, took his boots, coats and waistcoat off; then he went upstairs to bed. There he stopped till 12 o'clock on the Sunday. On Sunday night I was indoors when he came in with Mr. Hunt and two policemen in private clothes. Hunt asked me if we had chickens for dinner that day. I said no. I showed him the remainder of the bit of beef we had for dinner. He started searching the place and went with me into the scullery. There was an old feather pillow that I had taken out of a broken window because we were on the point of moving. He looked at it. I said, "That is only a feather pillow." He said, "I can see it is." He came downstairs, after having been with my brother-in-law in the bed-room. I said, "Have you found anything?" He said
"No, you have got nothing here." I said, "I would not have nothing here that did not belong to me." He said, "I don't think you would."
Cross-examined. Hunt had nothing in his hand when he came downstairs. He took no feathers out of the pillow. I told him how long I had had it. He said, "That is nothing." He did not bring those feathers downstairs. He said he had not found anything. The gentleman I asked the time at the top of the road said it was one minute to half-past eleven. I was not a minute putting the baby to bed. I had only to take a shawl off. She goes to bed awake. I had just got to the top of the street when I saw my husband come along. He had the same coat on as he has on now.
WALTER AUSTIN . I was in my brother's house on February 6, when he and three officers came in. Hunt asked me if I would accompany him to search the house. We went upstairs. He picked up two grey feathers by the side of the bed and said, "There is a lot of feathers lying about here." I said, "I daresay they have come out or their old roost," meaning their bed. He came downstairs, and never showed no feathers to no one. (Feathers handed to witness.) This may be one of them, but as for the others I never saw them. They appeared to me to be grey; being in the darkness I could not see whether they had a red tip or not.
Cross-examined. I never said the feathers came out of a flock mattress. I said, "The old roost:" I do not know whether that was a flock bed or not. I have not been convicted for stealing fowls. I was bound over once for stealing fowls. That was November, 1908.
Sentence, each prisoner Three months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, March 17.)
Mr. H. Condy and Mr. F. J. Egerton Warburton prosecuted.
STEPHEN PRAWL , manager to Felix M'Cabe, 8, High Street, Mortlake. On February 8, at about 3.30 p.m., the two overcoats produced were hanging in the doorway of my shop. I saw prisoner in charge of two constables who had possession of the coats, and charged him with stealing them. Prisoner said nothing.
Police-constable WALTER BUCKHURST, 234 V. On February 8, about 3.20 p.m., I was with another officer in plain clothes on duty in High Street, Mortlake, when I saw the prisoner standing outside No. 8. He then went into the shop, came out with the two coats produced under his arm, and ran off through a passage towards Mortlake Church. I caught him, when he dropped the coats. I told him I was a police-officer and should take him into custody for stealing
them. He used very offensive language, became very violent, and with the assistance of Fry, a mounted police-officer, I took him to the station. I searched him, but found nothing relative to the charge.
Cross-examined. Prisoner had 3d. upon him. He was not drunk.
Police-constable PETER HUTCHINS, 750 V., corroborated the last witness.
Police-constable HENRY FRY, 184 V. On February 8 I was mounted in High Street, Mortlake, and assisted to take prisoner to the station. He was perfectly sober, as far as I could see.
Prisoner confessed to having been convicted on October 24, 1908, at Middlesex Sessions, when he was sentenced to 18 months' hard labour for shopbreaking after a previous conviction.
Sentence, Six months' hard labour.
Prisoner was tried for the breaking and entering.
Mr. H. Condy prosecuted.
ALBERTA WAKE GEARING , daughter of Albert Gearing, The Mount, Arthur Road, Wimbledon. On October 9, about 9 a.m., I went upstairs into the front spare bedroom. Feeling sure there was someone in the room, I looked under the bed and saw a man, who I feel certain was the prisoner. I went outside, held the door shut, and called for the nurse to come. I heard him getting out of the window. I next saw him at the police-station, where I charged him. There is a lavatory window on the ground floor which had been opened two inches at the top. When I saw it afterwards it was open wide enough for a man to get in.
Cross-examined. I recognised prisoner immediately at the police-court. I looked hard at him in the bedroom for a few seconds. I did not go to the gate. I did not look out of the window. I never said I saw a man at the gate at the police-court. I feel convinced prisoner is the man.
WILLIAM SMITH , 105, Emperor Road, Wimbledon, gardener to Mr. Gearing. On February 9 I was in the garden, saw prisoner going over the fence, and went after him. He had about 35 yards start. He went right away over the golf course, over the lake, by the cricket pitch, over the "Home Park Road," into the Argyll Football Grounds, and into the residence of Mr. Swann, across the paddock, into the garden, and into the coal celler, where he was caught. I gained on him considerably at the finish never losing sight of him once. Mr. Swann's residence is in Somerset Road, Wimbledon Park. I chased him about a mile and a half to two miles.
Cross-examined. I did not see a man in the house. I saw him in the garden. There were men building a new house adjoining our grounds who would have a full view of the garden and could see prisoner come out of the window. Prisoner climbed over the garden fence at the bottom of the garden. I learnt of it about three minutes
after prisoner had left the window. I am quite sure prisoner is the man; when I saw him he was on the trot. I had a good look at him; he turned round and looked at the coachman and me, then he took to his heels as fast as he could. It was very frosty that morning, and there would not be many marks. The ground was very hard. At the police court I never said I lost sight of him. I said, "I saw the prisoner get over the fence and chased him. I never lost sight of him until I caught him in Mr. Swann's garden. He was hiding in the W. C. or coke house."
Police-constable WALTER NEW, 449 V. In consequence of information received I went to Oakfield—Mr. Swann's house—and found the prisoner in the coal cellar; he had bolted himself in and refused to come out. I got a screwdriver and took the door off by unscrewing its hinges. When arrested he said, "This will break my wife's heart." I said to him, "This man says you have been in 'The Mount' in Arthur Road and I am going to take you into custody." He made no reply.
Cross-examined. The door was bolted with one bolt on the inside. It was not at Streatham Station on February 22.
Inspector WILLIAM MORGAN, V Division. On February 9, at 10.15, I went to "The Mount" and made an examination of the premises. Under the lavatory window at the back of the house I found footprints, the top sash was pulled right down, and there were finger prints on the top, showing that it had been pulled down from the outside. Inside I found soil on the window ledge and on the seat, and also leaves that had been pulled from the shrubs. In the first floor front bedroom I found the bar against the bottom of the window broken; on the leads outside were footprints and finger prints, indicating that somebody had drawn their fingers down sliding from the leads to the garden below. About half an hour later I saw prisoner at Wimbledon Police Station and told him he would be charged with breaking and entering "The Mount" with intent to steal; he made no reply, neither did he make any reply when the charge was read over to him.
Cross-examined. It was quite possible for a man to jump from the window; he could then get to the rear of the garden—there was nothing to stop him.
WILLIAM SMITH , recalled. I was in the stables when I heard that a man had been into the premises. There are three entrances into our garden. I went round at the front and the coachman at the back. I was about three minutes after the man had left the window—he was still in the garden; the garden is about 160 yards long. I came out immediately I was called, went straight down the garden, and saw the man go over the fence. I am perfectly certain prisoner is the man. Prisoner admitted he got in at the lavatory window when he was being taken to the police station. I did not say this at the Police Court because I was never asked. The police-constable asked, "How did you come to get in there?" Prisoner said, "Well, if you want to know, I got in at the lavatory window." Until then I had heard nothing about the lavatory window.
Police-Constable WALTER NEW, recalled. On the way to the police station I said to the prisoner, "Which way did you get in?" Prisoner
replied, "Are you allowed to ask me questions going to the station?" He then told me he got in through the lavatory window.
GERTRUDE HOLLAND , housemaid to Mr. Gearing. On February 9 at about 8.45 a.m., I remember opening the lavatory window about two inches. Soon afterwards I noticed it had been pulled down much wider, and the door leading to the passage, which I had closed, was just ajar. We were all in the kitchen having breakfast. No one in the house had gone through.
EVA MILLARD , professional nurse, St. John's Nursing Institute, Bloomsbury. On February 9 I was nurse at Mr. Gearing's. I slept in a small room on the first floor front, which I left at 9 a.m.; all the windows were closed and fastened, except one small window which was open about 2 in. at the top. I heard Miss Gearing call, and went to assist her in holding the door of the room. I heard the window being forced open; I went into the room afterwards, found the window wide open and the brass rod which barred the window snapped in two. Outside the window were marks from the heel of a man's boot. A little in front I saw a man's head and shoulders in the garden. I do not identify him. Two drawers in the dressing-table, which I had left closed, were then open about 1 1/2 in.
Cross-examined. There was some jewellery exposed which, I suppose, a robber would have stolen it if he had not been disturbed.
ALBERT EDWIN YOUNG (prisoner, not on oath). I have been greatly worried lately, and have not got a perfect recollection of what occurred on that day. On the morning I left home, about 7.30, I had to draw some coals, and I went down and opened my shed. I was used to draw coal on credit, and pay up at the end of the week, when I got the money in. The manager of the firm was rather funny towards me because I had had so much lately on trust. I decided to go to Richmond, where I have relatives, and get the money to pay for it. I went to Waterloo Station; not having money for the full fare I was going as far as Putney and walked the rest of the way. I must have get into the wrong train; I got out at Wimbledon Park. I was going over the golf links, and I saw these builders at work. Looking round I saw two men rushing at me. Not knowing whether I was trespassing, and being in a nervous condition, I ran off. I had had influenza, from which I am still suffering, and my memory is not clear. There must have been a mistake, because the gardener explains I was 40 yards away—he could hardly identify anyone at that distance. Besides, I believe there was a lot of barbed wire on this fence, so that it would be impossible for anyone to climb over. Perhaps the lady would say.
ALBERTA WAKE GEARING , recalled. There is a barbed wire round the wall, I could not say the height. It is quite possible to climb over the fence: on Sundays boys often climb over from the field. (To the Judge.) This is the first time anything has been said about barbed wire in these proceedings.
Inspector WILLIAM MORGAN, recalled. Inside the field there were recent footmarks. The fence was 4 or 5 ft. high, it had barbed wire at the top. A man could have got through underneath the wire.
Prisoner's statement before the Magistrates. In speaking in my defence I wish to state that owing to the state of my health I find it difficult to follow the details of the prosecution. My memory is slightly defective, and what evidence I remember against me has confused and puzzled me to the extent that I cannot distinguish one thing from another. Of the charge brought against me on Tuesday I have no recollection whatever. On or about that date, as far as I can remember, I was in bed ill with influenza. I have witnesses who can prove my statement; also my doctor who attended me at that time will satisfy the Court as to his attendance on me, but I must point out we were not in a position to pay for a doctor every day, but my wife used it go to him for any medicine and instructions. I kept my bed for a long time. When I was able to get up I went to Guy's Hospital, where I received treatment as an out-patient. I last saw the doctor on the Sunday before my arrest. During the last two months I have suffered a great deal from mental depression caused by worry and illness, and at times I felt so bad that I have lost control of myself and have done and said a great many foolish things for which afterwards I have been sorry. In consequence I wish to ask if I may be supplied with legal aid, as I cannot stand the strain of conducting my own case. If granted I shall be very pleased.
Prisoner confessed to having been convicted at South London Sessions on April 7, 1907, when he was sentenced to three years' penal servitude for larceny in a dwelling-house. Other convictions proved: March, 1905, while in the Army, at Aldershot, court-martial, six months' hard labour, for entering a house with intent to commit a felony; while undergoing that sentence he escaped, broke into an officer's quarters, committed another felony, and was sentenced to two months' hard labour; February 14, 1906, South London Sessions, eight months' hard labour for burglary. After prisoner's release, between September, 1906, and March, 1907, a series of burglaries occurred in South London; prisoner was arrested, indicted for and pleaded guilty to five of these burglaries, and was sentenced to three years' penal servitude on April 17, 1907. Since his release, in October, 1909, prisoner was stated to have earned a living by hawking coals.
Sentence, Three years' penal servitude.