1910, APRIL (2).
Vol. CLII.] Part 907.
CENTRAL CRIMINAL COURT
HELD APRIL 26TH, 1910, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE.
TAKEN IN SHORTHAND BY
GEORGE WALPOLE & CO.,
Shorthand Writers to the Court.
POINTS OF LAW AND PRACTICE
R. F. GRAHAM-CAMPBELL, ESQUIRE,
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
GEO. WALPOLE & CO., PORTUGAL STREET BUILDINGS, LINCOLN'S INN, W. C.
THE ARGUS PRINTING COMPANY, LIMITED, 10, TEMPLE AVENUE, AND TUDOR STREET, LONDON, E.C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX AND THE PARTS OF OTHER COUNTIES
WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, April 26th, 1910, and following days.
Before the Right Hon. Sir JOHN KNILL , Baronet, LORD MAYOR of the City of London; the Hon. Sir ALFRED TRISTRAM LAWRENCE , Knight, one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart.; Sir ALFRED JAMES NEWTON , Bart.; Sir W. VAUGHAN MORGAN , Bart., Sir THOS. BOOR CROSBY, Knight, M. D.; Sir GEO. J. WOODMAN, Knight; and REGINALD E. JOHNSTON, Esq., Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; Sir FK. ALBERT BOSANQUET , K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH , K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
RALPH SLAZENGER Esq.
J. D. LANGTON, Esq.
W. J. B. TIPPETTS, Esq.
CENTRAL CRIMINAL COURT.
KNILL, MAYOR. SEVENTH SESSION.
LONDON AND MIDDLESEX CASES.
BEFORE THE RECORDER.
(Tuesday, April 26.)
RICHMAN, Jacob (40, boot manufacturer), having been found guilty at the February Sessions (see preceding volume, page 502) of two offences of making transfers of property to defraud his creditors and three offences of not discovering to the trustee administering his estate parts of his personal property, and such conviction having been confirmed by the Court of Criminal Appeal, was now brought up and sentenced to Two months' imprisonment, second division.
WITCHELLS, John (26, upholsterer), pleaded guilty of stealing a piano organ, the property of James Harriett. He confessed to having been previously convicted of felony in the name of John Mitchell at the Clerkenwell Police Court on April 9, 1905. A previous conviction in 1899 was proved against him. It was stated that proceedings were being taken against him for the desertion of his wife and children. Sentence, Nine months' hard labour, the Recorder remarking that the sentence in no way dealt with the desertion offence.
Sentence, Six months' hard labour.
DEACON, William (18, barman), pleaded guilty of attempting to obtain by false pretences from William Hayward Spicer one watch, his goods; from Howard Forrest one ring, his goods; and from Thomas Adderley one watch, his goods, in each case with intent to defraud; and of obtaining by false pretences from George Harrison one ring, his goods, with intent to defraud.
It was stated that the proceeds were the results of an impudent fraud practised by the prisoner through the medium of advertisement columns in the "Exchange and Mart," his method being to purchase goods
which were sent to him on his having forwarded the vendor a statement purporting to have come from that paper stating that the money for the goods had been forwarded to their office. Two previous convictions were proved against him. Sentence, Three months' hard labour.
LANE, Frederick (31, commission agent), LADLEIGH, Robert (28, commission agent), BROOKS, Daisy (17, none) , breaking and entering into the dwelling-house of William Eaverstaff and stealing therein one gold watch and other articles, his goods. Lane and Ladleigh pleaded guilty. (See next case.)
Mr. Bohn, for the prosecution, offered no evidence against Brooks, and she was formally acquitted.
LANE and LADLEIGH pleaded guilty of maliciously inflicting certain grievous bodily harm upon Alfred Mander, an officer of the Metropolitan Police, while in the execution of his duty. Lane further pleaded guilty of breaking and entering the dwelling-house of Richard Waterman and stealing therein one ring, one bracelet, and other articles, his goods. (See next case.)
Mr. Bohn prosecuted.
Divisional-inspector FRANK PIKE, X Division. I produce the formal consent of the Director of Public Prosecutions as regards this charge. On April 18 I served both prisoners with notice. On reading it to Lane he said, "Associate with thieves! Who am I to associate with—Prime Ministers?" Ladleigh said, "Thank you."
Warder THOMAS TUCKEY, Wormwood Scrubs Prison. I was present at the North London Sessions on February 5, 1901, when Lane was convicted of obtaining money by false pretences and sentenced to 18 months' hard labour. I was at the same Court on January 6, 1903, when he was convicted of felony and sentenced to four years' penal servitude. At the same Court on July 10, 1906, he was convicted of burglary and sentenced to three years' penal servitude and two years' police supervision; he has 221 days' supervision left. As regards Ladleigh, I was present at the North London Sessions on March 4, 1902, when he was sentenced to nine months' hard labour for felony after a previous conviction. On December 11, 1905, he was convicted at this Court of robbery with violence in the name of Brown and sentenced to five years' penal servitude. He was discharged on license on September 11 last and he has a year and 90 days to serve. On July 6, 1896, he was bound over at the Thames Police Court for stealing. On August 1, 1905, he was sentenced at the Birmingham Police Court to two months for assault in the name of Crossley. In 1897 he was sent to a reformatory; he was then under 16.
Sergeant WILLIAM CRIDLAND, H Division. On August 10, 1901, Ladleigh was sentenced at the Thames Police Court to three months' hard labour for stealing in the name of James Harris.
Divisional-inspector FRANK PIKE (recalled). As a result of my inquiries I have learnt that Lane's reputation is very bad; he is an habitual thief and lives entirely on the proceeds of crime. He is a constant associate of thieves. When he came out on November 23 he received £15 from Lloyd's Newspaper Company for an account of his escape from Gloucester Prison; that is the only honest money he has earned. Ladleigh has also a very bad reputation; he has lived entirely by crime since his release from prison and is a constant associate of thieves. From October 9 to 30 last he worked for Bone, a tailor, of 68, Merton Street, Stratford, and he left there because, he said, he could not earn enough to keep himself. Inquiries have been made and Bone states that he paid him £2 17s. during that period and that he could have had permanent work there, but he rejoined his old associates.
Cross-examined by Ladleigh. Sergeant Burrell made the inquiries from Bone.
Sergeant WILLIAM BURRELL, X Division. Bone told me that he paid the £2 17s. to Ladleigh in various sums between October 9 and 30, just as he required them and as he completed the work.
FREDERICK LANE (prisoner, not on oath). A man on ticket of leave has no chance of obtaining employment; the police will get you out. The only money I have been able to get since I have been out is the £15 from "Lloyd's Newspaper."
ROBERT LADLEIGH (prisoner, not on oath). I got this situation at the tailor's by saying that I was discharged from the Army or I should not have got it. I had to agree to take 15s. a week, working from 8 a.m. to 8.30 p.m. Some weeks I only got 12s. and the other 8s. was held over; Mr. Bone would say he was short of money. I had to pay 8s. a week for a furnished room and 4d. a day for my fare, and I could not possibly live without starving. When I left there I borrowed some money from my brother-in-law and tried to do a little bit in the jobbing line. A police officer came and saw the things and I can prove it. As for being an habitual criminal, I was in the Army for nine months in between two of my convictions, and previous to that I was in employment in several places. I have written for the characters, but I have no means of getting people here to prove them. I have tried to obtain honest employment right throughout my life. They say I have always been an associate of thieves. I was not an associate of thieves when I was in the Army for nine months.
Divisional-inspector FRANK PIKE (recalled). At the request of both prisoners I interviewed them in Brixton Prison and invited them to give me particulars of what they had been doing since they came out of prison. Lane admitted to having been born in 1875 and Ladleigh in 1882. Lane would be 16 in 1891 and his first conviction was in 1901. Ladleigh would be 16 in 1898 and his first conviction was in 1896.
Cross-examined by Prisoner Lane. According to this record you said 1875 and not 1879; it makes no difference for this purpose.
Ladleigh having repeated his former statements, added: Between 1900 and 1901 I worked as a carman for two months. I have written for my characters, but they have not come, not having sufficient time. I applied to the governor especially to write three letters for them. I wrote one to the Army and two to private firms for whom I have worked. I have had precious little chance of finding honest employment.
Sentences, Lane and Ladleigh, 20 months' hard labour for the assault, 15 months' hard labour in respect of Eaverstaff, and Lane 15 months' hard labour in respect of Waterman's; all sentences to be concurrent. This sentence not being one of penal servitude, no sentence was passed on the conviction of being habitual criminals.
Sentence, Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, April 26.)
Previous convictions proved: February 22, 1895, sent to industrial school; February 27, 1899, bound over for stealing; October 22, 1900, at this Court, 12 lashes and 12 months' hard labour, robbery with violence; October 1, 1901, North London Sessions, 18 months' hard labour for receiving; February 12, 1904, five years' penal servitude, robbery with violence. Stated to have since attempted to earn an honest living.
Sentence, Fifteen months' hard labour.
Mr. Pickersgill, M. P., prosecuted.
ROBERT SHIRLEY , cashier to the Society for Promoting Christian Knowledge, Northumberland Avenue. On April 8, at 1.30 p.m., prisoner bought a book for 10d. and paid with counterfeit crown (produced). I gave him the change and he left. I then found the coin was bad and handed it to my manager. On April 15, at 1.30 p.m. prisoner again came to my book store; I at once recognised him; he purchased a book valued 5d. and tendered me crown piece produced, which I at once saw to be bad. Prisoner was given into custody.
prisoner, "This coin is bad." He said, "I did not know it." I said, "You did; you were in here last Friday and gave a bad coin." He said, "I have never been in this place "before" I said, "It is false; you have been in before." He said, "Well, I was some time ago, but not last Friday." I said, "You were in here last Friday and we can prove it and you gave a similar coin then. I shall have to charge you." He said, "Do so." I then sent for a constable and he was charged.
Police-constable WILLIAM LANCASTER, 198 A. On April 15 I took prisoner into custody, the last witness having charged him with trying to pass a bad five-shilling piece. Prisoner said nothing. On the way to the station he said, "I got it from the 'Oakley' public-house, King's Cross, last Saturday night."
Sergeant FREDERICK DAWSON, A Division. On April 15, at 2.30 p.m. prisoner was brought to Cannon Bow Police Station. He said to me, "I got the five-shilling piece at the 'Oakley' public-house last Saturday night. The barmaid gave it to me in change for a half-sovereign." I searched him and found 4s. 0 1/4 d. upon him. He gave as his address, Rowton House, King's Cross." I found he had stayed there the previous night.
ANNIE EDMONDS , barmaid, "Oakley Arms" public-house, Goswell Road. I know prisoner as a customer and saw him in the bar on Saturday, April 9, at about 12 p.m. I have no recollection of changing a coin for him. If a half-sovereign were tendered to me I should ring it through the gold till and that brings out change in silver—one half-crown, two two-shilling pieces, three shillings, and a sixpence. It is quite impossible for the till to deliver a five-shilling piece. Any crown pieces received are delivered to the manager and not paid out in change.
To Prisoner: I should go to another till to change the sixpence and ring in the price of the drink. I never use the money from that till for change.
Convictions proved: Mansion House, October 10, 1904, 14 days; May 26, 1905, four months' hard labour; November 8, 1905, four months' for stealing; Guildhall, April 9, 1906, six months' for stealing books; North London Sessions, December 18, 1906, 12 months', housebreaking; Guildhall, 12 months under the Prevention of Crimes Act; May 25, 1909, County of London Sessions, 12 months for stealing a case of books.
Sentence, 12 months' hard labour.
Prisoner was stated to have borne a good character up to March 13, 1910, when he passed a bad coin at Bury St. Edmunds, for which the police held a warrant.
Sentence, Nine months' hard labour, the charge at Bury St. Edmunds being taken into account.
Mr. Pickersgill, M. P., prosecuted.
ELIZABETH MAY PUGH , wife of Edward Pugh, 7, Cambridge Road, Bethnal Green, dairyman. On April 1, 1910, between 6 and 6.20 p.m. prisoner came into my shop and asked me to oblige him with £2 worth of silver. After looking in the till I told him I had only 20s. to spare. He said, "Please try and make it 30s." I took 30s. from the cash box and handed them to prisoner. He put what appeared to be three half sovereigns on the counter with the heads uppermost. I examined them and noticed that two were very shiny. Prisoner had gone. I saw him from the window running away. I found two of the coins were gilded sixpences (produced). My husband gave information. The same night I was called to the police station and picked prisoner out from among several men.
Cross-examined I did not say I had only seen prisoner's back; I gave him the money across the counter. No one told me that prisoner was the second man from the end.
BLANECHE CAREY , assistant to John Hughes, 45, Cambridge Road, Bethnal Green, dairyman. On April 1, at 10.20 p.m., prisoner asked me if I could oblige him with £2 worth of silver, holding out a sovereign and what appeared to be two half sovereigns. I said, "Give them to me; I will go and see if I have got it." He handed me the coins. I noticed the two half sovereigns were bright in colour and different to the sovereign and gave them to my employer.
JOHN HUGHES , 45, Cambridge Road, dairyman. On April 1, at 10.20 p.m., Carey handed to me a good sovereign and two gilded Jubilee sixpences (produced). I went into the shop, saw the prisoner, and said, "Where do you come from?" He said, "Round the corner from the public house from a man named Towse." I said, "I do not believe you. I want to know who sent you." He said, "To tell you the truth a bootmaker" (I understood him) "sent me." I said, "I do not care who it is, I want to see the man before I give you these back." He said, "Well, I will tell you the truth; a bookmaker sent me for £2 worth of silver." I said again, "I do not care where you come from—I will not give you these coins back unless I see the man that sent you, or else I shall send for the police." I then sent the boy for a policeman and gave prisoner in charge. Prisoner said, "What is the matter with the coins?"
Cross-examined. Prisoner did not attempt to run away. I stood at the door and the police-constable came in two or three minutes.
Police-constable PERCY BITTON, 526 J. On April 1 I was called to Hughes's shop and saw prisoner. Hughes said, "This man came into my shop and asked my assistant for £2 worth of silver, for which he tendered a genuine sovereign and two gilded sixpences." Prisoner said nothing. I asked him where he got them from. He said, "The landlord of the 'White Hart' down the road gave them to me to get
£2 worth of silver." I took him to the station, searched him, and found £1 10s. in gold, £1 8s. in silver, and 10 1/2 d. in bronze, good money. On the way to the station he said, "The bloke at the 'White Hart, did not give them to me. I got them off a bookie I work for. did not know they were crook." Later on the prisoner was placed among eight other men and picked out by Mrs. Pugh. No one said to her, "Two from the end"—she picked him out entirely from her own knowledge.
JOHN HOLMES (prisoner, on oath). On Easter Monday, March 28, I went to Kempton Park races, backed a horse at 12 1/2 to 1, and received £13 10s. in 10 sovereigns, five half sovereigns, and £1 of silver. Amongst the five half sovereigns I received must have been the two gilded sixpences I tendered to Carey. On April 1 I had bought a greengrocer's stall and wanted the change to buy vegetables at Covent Garden the next morning.
Cross-examined. I never went to Pugh's shop and never saw Mrs. Pugh until she came to the station—she was standing by the side of Mr. Hughes, who prompted her. to pick me out. I denied that I had been in the shop. I had been drinking at the beerhouse and trying to get the change, but they had not got it, so I mentioned their name to Hughes. I said it was for the public-house, which was not true. I told the officer that I had got it from a bookmaker. I did not say the bookmaker had sent me for change.
Conviction proved: November 3, 1907, Old Street Police Court, one month's hard labour for stealing glasses from a public-house.
Sentence, Nine months' hard labour.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Wednesday, April 27.)
MORRIS, Thomas, otherwise MORRIS, John (46, labourer) , feloniously causing grievous bodily harm to William Morris, with intent to kill and murder him; feloniously causing grievous bodily harm to Eugenie Gurney, with intent to kill and murder her; feloniously causing certain grievous bodily harm to George Henry Gurney, with intent to do him some grievous bodily harm.
Mr. Eustace Fulton prosecuted.
The Jury were sworn to give a true verdict as to whether the prisoner who stood indicted for the above felony was insane, so that he could not be tried.
SIDNEY REGINALD DYER , medical officer, Brixton Prison. I have had prisoner under observation since March 6. His grandmother died in an asylum, his father was a heavy drinker and his eldest brother committed suicide. Prisoner himself says that for some years he has been subject to frequent attacks of a burning sensation on the top of his head and for those periods he gets very depressed and melancholic; he loses his memory and wants to fight everybody and be by himself. He does not drink. He says that he has always been on affectionate terms with his brother, but that the latter's incapacity for work has been a chronic worry to him, and on March 13 he made up his mind they should both die and that he would kill his brother first and then himself. This intention passed away, but on the day of the alleged offence he states this burning feeling in his head came again and he was thinking a good deal about his brother's incapacity to work through spinal disease, and, as he was afraid something would happen to him, either that he would commit suicide or die, he thought it best to kill him. His condition during the time he was in Brixton was that he was always very depressed, sitting by himself in the corner of the hospital ward away from all other patients and talking to none. He is self-absorbed and entirely resistent to his environment. His speech is slow and betrays effort. His memory is defective and he is untidy and careless in dress and personal cleanliness. Like all melancholics, his attention fails for external things and is centred on subjective thoughts and feelings of a dismal kind. He suffers a good deal from sleeplessness and when spoken to on the subject of his offence seems in no way to appreciate the gravity of it and treats the whole matter with indifference, displaying no emotion or regret. His general mental condition is confused and nebulous. After careful examination of him and a study of all the facts, I am of opinion that he is at present insane and has been so during the time that he has been under my observation. On the day on which he is said to have committed the alleged offence he was suffering from a disease of the mind and did not know the nature and quality of his acts. I am also of opinion, after a very prolonged interview on Sunday last, that his mind is so confused that he is quite unable to appreciate any evidence which may be given for or against him, and the proceedings of this Court generally, and, therefore, he is unfit to plead to the indictment on which he is charged.
Prisoner was ordered to be detained during His Majesty's pleasure.
Mr. Roome prosecuted.
MARGARET BEVILLE , 19, North Wharf Road, Paddington Green. Prisoner is my husband. He came in at 12 midday on April 6. I thought he looked angry, but he did not say anything. He wanted some beer and I gave him twopence and he went and got a pint. After that he wanted more and he had another pint. He still wanted more and I said, "You have had enough. You will have your dinner in
a few minutes," and I began to lay the cloth. I put a knife on the table and I turned round to go to the cupboard when I heard the table pushed. I turned round and he sprang up, took the knife and drew it right across my throat. It was done in an instant; there was no quarrel. He ran out of the room and gave himself up. I screamed and rushed out and I met Mrs. Cox's little boy on the stairs. Mrs. Cox came and was bathing my throat when the constable came. After I was bandaged up I was taken to St. Mary's Hospital. I was told the wound was five inches long and two inches deep. I was detained at the hospital till 3 or 4 p.m. The constable took me to the Harrow Road Police Station, where I gave my name. I have been an outpatient for three weeks and I still have to wear a bandage round my neck.
To the Judge. When he has had beer he is very strange. I have often said that I think there must be something wrong with him. It is not the quantity he takes—a little upsets him; he is quite mad with it, and very quarrelsome. When there is no drink about a better man could not breathe.
WALTER COX . I am 14 years old and live in the same house as prisoner. On April 6 I saw his wife screaming and bleeding from the neck. I brought my mother to her and then a policeman. I do not know if prisoner has used my name; I used to call him "Mr. Beville."
Police-sergeant ROBERT BROWN, F Division. On April 6 prisoner rushed into the police station in-a very excited condition and said, "I have murdered my old woman. Send a copper to see at once to 19, North Wharf Road. I have cut her throat." I immediately went to that address and found prisoner's wife with a large gash in her throat. I bandaged her and removed her to the hospital. When charged prisoner said, "It's a pity it's not someone else. I am sorry for my wife. I could not control myself. I had to do it to someone. If I get out of this I will do it to them in the house. It does not matter about the missus; she is out of it." When the charge was read over to him he said, "It's only a matter of form."
To the Judge. He behaved in a very peculiar manner before the magistrate; he ground his teeth in a terrible manner and he was all of a shake.
GEORGE STANLEY THOMPSON , Casualty House Surgeon, St. Thomas's Hospital. I examined the prosecutrix, who was brought into the hospital on April 6. There was a long, deep incised wound on the left side of the neck parallel with the jaw. It was about one and a half to two inches in depth and about five or six inches long. There was no bleeding at the time. The lower jaw was exposed. Part of the violence of the blow had evidently been expended on the lower jaw, otherwise more serious injury would have resulted.
Prisoner's statement before the Magistrate. "No, and I will call no witnesses."
has made on his wife. On more than one occasion he has attempted to commit suicide. His mother and one sister are in an asylum. He has been drinking excessively of late years, which I have no doubt has brought out this insanity. At these periods he shakes all over and absolutely cannot control his actions. This loss of control, I think, is due to a mental disease, and he is a very dangerous man. Only on Sunday last he wrote a letter in which he threatened that directly he got out he would kill several people. My opinion is that when he committed this act he really was insane and did not know what he was doing. When sober he is a pleasant man; he is very fond of his wife.
Prisoner. Drink ain't the fault of it.
Verdict, Guilty; but insane.
Prisoner was ordered to be detained during His Majesty's pleasure.
Mr. Travers Humphreys prosecuted; Mr. Thorne defended.
MARY ANN STEPHENSON . I live at 131, Tate Street with my parents; prisoner is my sister. We slept in the same room. On one Saturday night I heard my sister groaning. I do not remember what month it was. She went downstairs and after a few minutes she came back and lit the candle and went downstairs again without the candle. She was away about half an hour and then I went and called my father.
THOMAS STEPHENSON , 131, Tate Street, St. George's-in-the-East. Prisoner is my daughter. When this happened she was in service as a domestic servant. She worked out in the day and came home to sleep. On March 19 she went to bed, I should think, at 12 or a little after. I was awakened by my younger daughter between four and five a.m. and I went downstairs to the w.c. in the yard. The door was half open and I saw my daughter sitting on the seat in her nightdress. She yelled, "Father, father!" It seemed as though her eyes were coming out of her head. I noticed some blood on the stones outside the w.c. I went and told my wife to come down to her and then went to fetch the doctor.
CATHERINE STEPHENSON . Prisoner is my daughter. On the morning of March 19 she went to work and came home about eight p.m. She went out for a little walk and came home about 10. She went to bed about 11.45. I did not notice anything the matter with her. About 4.30 or five the next morning I was called by my husband and went downstairs into the yard. I found my daughter sitting on the seat of the w.c, holding in her arms a newly-born baby wrapped up in one of her flannel petticoats. She seemed rather dazed, as though she was silly, and she was crying a great deal. I asked her what was the matter, but she still kept on crying. I took her into the kitchen and asked who the father was and she told me. The child was quite dead and I noticed a little blood on its mouth. She said it was born down the w.c. pan and that she had pulled it out by the arm and that the child cried a little. I took her upstairs and put her to bed. I think the child was dry. There was a little water in the w.c. pan, but not much.
To the Judge. I had no idea my daughter was with child; she had been going about doing her work up to this day. Two more of my children besides Mary Ann slept with my daughter, but they heard nothing of it.
Cross-examined. I do not think I said at the police-court: "There was no water in the w.c. pan downstairs nor in the upstairs."
Inspector FREDERICK WENSLEY, H Division. I charged the prisoner with the murder of her child at the close of the inquest and she said, "I understand."
Cross-examined. I have made inquiries about her, and she is the daughter of highly respectable parents, and, so far as I have ascertained, she was a very respectable girl herself. She left school when she was 14 and she has been continuously in domestic service since.
JEROME JOSEPH REIDY , surgeon, 314, Commercial Road. At about 7.30 a.m., on March 20, I was called to 131, Tate Street, where I found prisoner in bed. She had some blood on her nightdress and legs and was very depressed—crying. The afterbirth had not come away; the cord was torn across. In the kitchen I saw the body of a full-time female child. It had been born from two to three hours. The body was dry, including the head, which was covered with dust, especially at the back, as if it had been on the floor. Blood was issuing from the nose and mouth. On March 22 I made a post-mortem examination. The child was about the average weight and size. There were a number of small abrasions and bruises about different parts of the body, which, however, had nothing to do with the cause of death; they may have been caused by the fall. I found a superficial bruise on the right side extending to the back of the head. Beneath the skull on the brain was an effusion of blood, which corresponded with this bruise. It was a very serious bruise and of itself sufficient to cause death by compression of the brain; the shortest time in which it could have caused the death would be, perhaps, half an hour. It might have been caused by the child falling into the w.c. pan while its mother was sitting upon the seat. I found by the usual tests that it had had an independent existence. There were some bruises on the front of the neck and also some scratches and two superficial wounds on either side of the windpipe, perhaps caused by the finger nails. These wounds and scratches were not serious. I do not think the two superficial wounds had any effect on the life of the child. At the back of the mouth on the left side I found an irregular, jagged wound about an inch long, and on the right side a gaping penetrated wound. The posterior wall of the pharynx was lacerated. On opening into the neck I found the windpipe was torn across and there was a large amount of the blood effused into the tissues of the neck. These injuries were serious and would have caused death. I do not think they could have been caused by anything accidental outside the mouth; they must have been caused by something thrust down the throat; the nails on the fingers would have been sufficient. In my opinion they were probably caused during the life of the child; that is my theory. I cannot tell for certain by looking at the wounds. The wound on the back of the head was caused during delivery. The
cause of death was shock and the injuries received to the head, windpipe, and mouth. Assuming the bruise on the back of the head was caused during delivery it is quite possible the child would have cried.
Cross-examined. I have known prisoner fairly well for two years. Apart from this she is quite a respectable girl. It is a difficult matter to tell in the case of a child born half an hour exactly when the injuries were received and when death took place.
To the Judge. If the injuries to the mouth and the throat were caused immediately after death there would be no definite signs by which you can tell whether they were before or after death; there would be a certain amount of blood in either case. As far as I could tell, there was no more blood here than there would be in either case. In attempting to assist the birth of her child prisoner would be in very great pain and in a state of frenzy.
Verdict, Not guilty.
Mr. Travers Humphreys said the Grand Jury had ignored the bill for murder, but found one for manslaughter. The prosecution, however, did not propose to offer any evidence on the indictment for manslaughter.
The Jury returned a verdict of Not guilty on that indictment also.
Mr. William Powell prosecuted.
AARON LEVENBURG , manager, Great Eastern Milk Supply Company. Prisoner was in my employ and three months ago he took 30s. of the company's money. I gave him in charge and he was sentenced to two months' hard labour. He came out of prison on April 9 and at about 12.45 p.m. of the 15th. I was in bed when I heard a knock at the windows. I looked through and I saw somebody running away; I could not see who it was. Two windows were smashed. At 3 a.m. a cab came to my house and I was told that there was a fire in our stables at Brady Street. I went there and found the Fire Brigade had almost extinguished the fire. In the rear of the stables and under the same roof the foreman lived with his wife and children. There were five horses in the stables, which were all got out alive. I estimate the damage done to the company's property inside the stables at £30 or £40; the damage to the stables, which belonged to the landlord, at about £110. When he was in our service I saw him every day. He was sometimes very hasty. He knows what he is doing.
Cross-examined by prisoner. I do not know that you set the fire.
WALTER PORTER , station officer, London Fire Brigade. On April 15 we turned out with the fire escape and put out a fire at some stables and a store for milk at Brady Street. On the first floor there was a sort of exaggerated boxed-in part, built from the floor to the ceiling, which was on fire. The horses were got out before we got there. Had
we been five minutes later the whole building would undoubtedly have been gone. My rough idea of the amount of damage is £50.
MAURICFE EVANS , foreman, Great Eastern Milk Company, 11, Brady Street, Whitechapel. I live on the first floor of the house in front of these stables. Prisoner worked for the company many months until he was convicted of stealing. He came out of prison on April 9 and the next morning, Sunday, he came into the yard and said he had done two months' in prison and now he was going to do a thing better, for which he would get more than two months and two months was nothing to him. On the Tuesday night following we missed two leather aprons, one lamp, a whip, and two brushes. On the next morning I saw prisoner again and he said to me, "A burglar went into your yard last night." I said "No;" and he said, "Yes, it is a burglar. I was the one who done it." On the night of the Friday he sent a little boy to me with a note, which I gave to Levenburg. There is a stable about four yards wide between the house where I live and where there was the fire. The prisoner did his work all right; he knows what he is doing.
To prisoner. When you told me you had taken these things you took some money out of your pocket and said, "I don't want to work."
Sergeant FRED TOLSON, J Division. On April 15 at 9 p.m. prisoner came to the Bethnal Green Police Station and said, "I want to give myself up for setting fire to the stable at Brady Street this morning. I did it because I have a grudge against the company for prosecuting me for stealing money and accusing me of opening a private letter." He then made this further statement, which I wrote down and which he signed: "At 1.30 on April 15 I went to the rear of No. 11, Brady Street, Whitechapel, through a passage and into the yard where there are the stables. I fetched a bundle of straw from the lodge and set alight to it on the second floor of the stables, and after I saw it was alight I went away. I did this because I have a grudge against the Great Eastern Milk Supply Company, Limited, who owned the stables and who prosecuted me for stealing money, and also for opening a private letter. This statement has been read over to me and is quite correct." Prisoner was perfectly sober and quite rational.
CARL EDWARD GREEN (prisoner, not on oath). I don't care. I am not a man to lie. I own to the truth of what I done. What I done I done in a drunken fit. All I have to say is what is written on that paper. Statement read: "I wish to state that on the night of April 15 or 16 I was in a disordered state of mind and the worse for strong drink, which I had been taking to drown my misery, when at 11.45 p.m. I was on my way home and it suddenly became my thought that I would like to have my revenge on my enemies, the Great Eastern Milk Supply Company, my former employers, who had not been treating me fair after my working for them 15 hours a day—that is to say, from 7.30 in the morning till 7 at night, as a man of all work for the paltry sum of 12s. per week and to find my own food and bed and clothes. They thought that that was not enough, but they must go and charge me with taking 30s. and take away my name by sending
me to prison, so that when I come out I am deprived of the means for two months of earning an honest living through people calling me a thief. Not only that, but they must go and open my private letters which were sent to me at the above address. I used to live there on a sack of straw in my bed at night. After all that and besides robbing me of 6s. every week out of my wages, I thought it was high time I should have a go at them in the same manner. So as drunk as I was mad I somewhow managed to get over into the stables, in spite of two police officers who were standing outside the door at the moment. At 1.55 in the morning I went away with the thought that I had played the Guy Fawkes and the sight of the fire seemed to sober me, but still I did not tell a single soul what I had done until late on Friday night, when something compelled me to go and give myself up to the police, who kept me in charge for the night. But what I plead guilty to is a different thing to what I plead unguilty to, and that is the evidence given against me by a couple of liars who knew nothing whatever about the fire until they were told how it came alight by the police. So when they heard I was in charge for firing their stables I daresay they thought they would have a good grudge against me. I gave the game away in Old Street Police Court about their putting water in the milk which they sold by contract to the public, so you see they saw their chance and quaked at it like a couple of pigs, but they are wrong, for they know nothing—simply what they learnt from the police. Let them beware of me in the future, for I am becoming dangerous against people who injure me with lying stories. And let them all remember that if I am deaf I am also clever. This is all I have to say against my case, but nevertheless it is the solemn truth. (Signed) Carl Edward Green. This is my statement written by my own hand."
Prisoner confessed to having been convicted of felony at the Old Street Police Court on February 19.
Sentence, 18 months' hard labour.
BEFORE THE RECORDER.
(Wednesday, April 27.)
Mr. L. A. Lucas prosecuted.
CHRISTOPHER LANE , warehouseman, Pawsons and Leafs, St. Paul's Churchyard. At two o'clock on April 7 prisoner came in and asked for a pattern of Wedgewood coloured silk. While I was getting the pattern I saw prisoner put this piece of silk (produced) underneath his coat. When he saw he was observed he pulled it out and put it back on the counter. I called Mr. Smith, the head of the department, and prisoner was given in charge.
P. C. ARTHUR DODDS , 60B.: I took prisoner in charge. He said he did not take the silk, he only picked it up to look at it. He gave his correct address, 120, Romford-street, Whitechapel, and the name of Selwyn Fawcett.
PRISONER (not on oath): I had an order for a length of Wedgewood coloured silk for a customer and went to Pawsons and Leafs to get a pattern, and I simply picked up this other piece of silk to look at it. I had no more intention of stealing it than any of you gentlemen sitting there.
Verdict, Not guilty.
Verdict, Not guilty.
ASHLIN, Frederick Percy (40, manager) and FIRMIN, Bessie (26, barmaid) [alias Morris] , pleaded guilty of conspiring and agreeing together to obtain a situation for the said Bessie Firman (or Morris) as barmaid to William Speight, by means of a false character; Ashlin conspiring and agreeing with one Walter Clarke to obtain a situation for the said Walter Clarke as barman to Henry Rocke by means of a false character; Ashlin conspiring and agreeing with one George Goring to obtain a situation for the said George Goring as barman to Frederick William Press by means of a false character; Firman, conspiring to obtain a situation as barmaid to William Speight by means of a false character.
Sentence, Ashlin, three months' imprisonment on each indictment; to run concurrently. Firman was released on her own recognisances in £25 to come up for judgment if called upon.
STOKES, William (41, baker) , obtaining by false pretences from Edwin James Goble 30s., his moneys, with intent to defraud; forging and uttering a certain order for the payment of money, to wit, a banker's cheque for £6 10s., with intent to defraud; forging and uttering a certain request for the payment of money, to wit, a Post Office telegram, with intent to defraud; obtaining, by false pretences from Emma Kemp, £1 with intent to defraud; forging a certain receipt for £1, with intent to defraud; forging and uttering a certain request for the payment of money, to wit, a Post Office telegram, with intent to defraud.
Prisoner pleaded guilty to the first indictment, the 30s. count, and not guilty to the others.
Warder WILLIAM REYNOLDS, Brixton Prison. I was present at North London Sessions on February 5, 1907, when prisoner was sentenced to 18 months' for stealing money in the name of Frank Chapman and license revoked. Previous to that he had six months and three months consecutively at Bow-street on March 26, 1903, for stealing a purse, etc., and in 1904, three years' penal servitude for uttering a forged order.
SERGEANT MACAVOY. Prisoner was liberated on license on November 26, 1908. He states that he got employment as a baker in the north of London, but I have not been able to test the truth of that as I have been unable to trace the parties.
Cross-examined by Prisoner. You were a first-class constable in the City Police for about nine years and you have been rewarded for saving life from fire.
Sentence, 18 months' hard labour.
RICKFORD, Frederick Blandy (47, estate agent), pleaded guilty that, having received certain property, to wit, divers moneys of the value together of £12 10s. for and on account of Ernest Brown, £5 12s. for and on account of James Walter Smith, and £13 1s. 9d. for and on account of Joseph Searle, he did fraudulently convert the same to his own use and benefit.
Sentence was postponed till next session.
Verdict, Guilty. Sentence, One month's hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, April 27.)
SNYDER, Bernard (41, stationer), SNYDER, Reece (20, stationer), and WOLLMAN, Tobias Davis (40, merchant) , all conspiring together by false pretences to obtain from such of the liege subjects of our Lord the King as should thereafter be induced to supply goods on credit to the said R. Snyder divers large quantities of their goods and chattels and to cheat and defraud them thereof, and that the said R. Snyder in concurring debts and liabilities to such liege subjects should unlawfully and fraudulently obtain credit from the said liege subjects to a large amount by means of fraud other than false pretences. All unlawfully obtaining by false pretences from Isaac Nathan and Sir Vesey Strong and others 20,209 pounds weight of Kraft paper and one ton of Kraft paper; from Spicer Brothers, Limited, 18 tons of wrapping paper; from W. D. Edwards and Sons, Limited, and Thomas George Augustus Edwards 16 bales of Kraft brown paper; from the said W. D. Edwards and Sons, Limited, 7 bates of Kraft brown paper; from W. Harrison and Company, Limited, 10 bags of glue; from the Sheppey Glue and Chemical Works, Limited, 5 bags of glue; from J. and A. D. Grimond, Limited, 1,200 pounds weight of twine, and from William George Lodewyk Kretschener 4 cases of hemp twine, in each case with intent to defraud. Reece Snyder obtaining credit from Sir Vesey Strong and others to the amount of £237 15s. 11d.; from Spicer Brothers, Limited, to the amount of £330 1s. 7d.; from W. D. Edwards and Sons, Limited, to the amount of £215 18s.; from W. Harrison and Company, Limited, to the amount of £30 2s. 6d.; from the Sheppey Glue and Chemical Works, Limited, to the amount of £8 10s.; from J. and A. D. Grimond, Limited, to the amount of £26 13s. 8d., and from William George Lodewyk Kretschener to the amount of £69 9s. 7d., by means of fraud other than false pretences, and B. Snyder and Wollman aiding the said R. Snyder to commit the said misdemeanours. Wollman unlawfully receiving 20,209 pounds weight of Kraft paper, 1 ton of Kraft paper, 15 bags of glue, and 1,200 pounds weight of twine, well knowing the same to have been unlawfully obtained by false pretences.
Mr. Travers Humphreys, Mr. Boyd, and Mr. Mercer prosecuted.
Mr. C. F. Gill, K.C., and Mr. Abinger defended Bernard and Reece Snyder.
Mr. W. H. Leycester defended Wollman.
Bernard Snyder pleaded guilty of all charges; Reece Snyder pleaded guilty on the first charge of conspiracy, which plea was accepted by the prosecution.
WALTER BARBER , 35, Duke's Avenue, Chiswick. I formerly carried on a stationer and newsagent's business at 194, High Street, Chiswick, which in November, 1908, I sold to the female prisoner, Reece Snyder, for £275 for the goodwill and the stock at a valuation. I received in cash £190, leaving £200 to be paid—£25 the first quarter and £15 each succeeding quarter. The subsequent payments have been made to date and there is now-due £115. My daughter remained for some time to assist and show Reece Snyder how to conduct the business.
Cross-examined. It was a good substantial business, well worth the amount paid for it. The retail business seems to have been doing fairly well since.
JAMES C. WATTS , clerk to E. and H. Roddick, house and estate agents, 41, Turnham Green Terrace. In September, 1909, I saw Bernard and Reece Snyder and let to Reece Snyder for storage purposes Kensington Hall, Turnham Green Terrace.
HARRY Y. MERCER , manager to Halse and Co., Turnham Green, estate agents. On May 11, 1909, Bernard Snyder hired from me stable, 2, Terrace Mews, Turnham Green. I did not see Reece Snyder in the matter.
ISAAC NATHAN , traveller to Strong and Hanbury, 196 and 197, Upper Thames Street, paper merchants. In July, 1909, I had three transactions with Reece Snyder amounting to £48 0s. 2d., which were duly settled. In June, 1909, I had a conversation with Bernard Snyder. He told me he was about to create a wholesale branch for the supply of wrapping papers and brown paper to the trades people in the neighbourhood in small quantities and that it would be necessary to have a very large stock on hand. He described the means by which he meant to dispose of the goods, and it appeared to me, as a business man, a very probable way of carrying on a business. He proposed sending them out daily in a van to meet people's requirements from shop to shop. On July 26 Reece Snyder ordered 20 tons of ochre glaze paper at £9 10s., to be cleared within 12 months. On August 9
she ordered 30 tons of Kraft brown at £14 15s. per ton, to be delivered at intervals. Deliveries were made, and on January 10, 1910, there was due £217 15s. 11d. I only received one payment of £20 on November 26. On November 29 I saw Reece Snyder and told her the account was getting bigger than we anticipated and asked her to settle it. On November 30 I issued a writ for £29 4s., balance of the month's account. Exhibit 56 is a description of our delivery of October 28, which consisted of 50 reams Kraft, 29 by 45, 6,890 1b. at £14 15s. per ton—£45 7s. 5d. Our packages would have our name and mark upon them.
JEAN MARIE CORMEAU , of Olsen and Cormeau, 93, Cannon Street, paper merchants. My firm have a monopoly of imitation Kraft paper, which we supply to Strong and Hanbury at £14 15s. per ton. I have visited Stricklands, 9, Long Lane, where I saw a quantity of Kraft paper, similar to that supplied to Strong and Hanbury. It was in good condition, certainly not a job line. If sold to Strickland at £11 12s. 6d. a ton that would be much under cost price.
WILLIAM INGLETON , paper expert and buyer to Strong and Hanbury. In January, 1910, I went to Stricklands and saw 60 reams of imitation Kraft paper, which I recognised as part of the Kraft paper supplied to Reece Snyder between September 30 and October 28, 1909.
JOSEPH LEOPOLD COOPER , 33, King Edward's Road, Hackney, traveller. I have known Wollman for about 12 years. In June, 1909, he informed me he had a clearance, or job line, of stationery, and as my knowledge of the trade was greater than his he asked me to assist him in disposing of it; he said it consisted of paper, twine, wood boxes, etc. He said he was an undischarged bankrupt and was trading under the name of Simon and Co. I was to receive 2 1/2 per cent. commission. I introduced him to a number of buyers, including S. Burnay and Co. I gave Burnay card produced, "S. Simon and Co., merchants and job buyers, 10, Beaumont Square, E. Presented by Mr. J. L. Cooper," together with a sample, and I sold him 30 reams as a clearance line. I also called on I. Bender, trading as Goldberg and Co., of 75, Hackney Road, and sold him 12 dozen 1b. of twine at 4s. a dozen 1b. Wollman also gave me samples of glue, which I sold on his account at the prices fixed by him as clearance lines. I received as commission £70 during six or seven months. My commission was sometimes 2 1/2 and sometimes 5 per cent. I first heard of the Snyders in January, 1910. I told Wollman that I was entitled to commission for goods sold to customers I had introduced. He then told me he had an arrangement with the Snyders, of Chiswick, and I had an interview with Snyder.
Cross-examined. Wollman told me he employed me because I knew more about the stationery business than he did. I have only known Wollman as engaged in the drapery trade. I have been 26 years in the stationery business, 14 years as traveller; I have travelled for Burnay and Co. for six or seven years and am doing so still. I have been in business for myself in Hackney. All the firms I introduced Wollman to were well known and thoroughly respectable—they were Burnay and Co., Strickland, Goldberg and Co., McGinnis, and Brown. I should
have had nothing to do with any business I thought wrong. The first transactions prisoner described as a clearance or job line—that is, defective or slightly soiled goods. Paper which has been stored in a damp place would be sold as damaged. Manufacturers and dealers frequently sell as clearance lines surplus stock or stock not of the exact shade or colour required. I had not the slightest idea that I was dealing with goods dishonestly obtained. None of the firms to whom I sold suggested such a thing. They frequently refused to give the prices asked; Wollman saw them and either lowered the prices or refused to sell. Strickland on one or two occasions had an allowance because the paper was damaged or was not up to sample. Burnay told me he had to part with some twine I sold him under cost. I first knew Wollman was an undischarged bankrupt when he told me himself. He said that the business of Simon and Co. was his wife's and that he was acting as manager for her. In almost all cases the goods were paid for by cheque. With exception of 30s., my commission was paid by cheque. On January 21 I first heard from Burnay that two detectives had been to see him. I told Wollman about that and also that I had received no commission on the parcel sold to Burnay. He told me that he had had to issue a writ for payment and that the cost had swallowed up all his profit. He advised me to see Snyder. On February 1 I saw Bernard and Reece Snyder and they offered to allow me a larger commission if I sold a parcel of Kraft paper and some twine. I was to sell the paper at £11 a ton, have 5 per cent. commission on it, and anything over £11 I was to have for myself. The twine was 4s. 6d. a dozen 1b., on which I was to have 7 1/2 per cent. I did not attempt to sell this parcel. I never asked Wollman where he got the goods. All his transactions with me were perfectly straightforward and in the ordinary way of business. I had no suspicion that the goods were improperly obtained. On February 8 two detectives saw me and said they had a warrant out for the Snyders and for somebody named Cooper. I went to Hammersmith Police Station on February 9, made a statement to the inspector, and was afterwards called as a witness for the prosecution. I had no apprehension of being arrested. My address was easily found. I never represented myself to be Simon and Co. It is a very ordinary thing to remove the manufacturers' marks when goods are delivered by a dealer in the original packages in order to prevent the customer knowing the name of the original manufacturer.
Mr. Abinger asked leave to cross-examine on behalf of Bernard and Reece Snyder. The Common Serjeant held they were not parties to the present issue.
Re-examined. I understood Simon and Co. were job buyers from paper mills and wholesale houses of clearance or job stock. I never heard of a business of buying new goods in order to sell them as clearance lines. I reported the goods as clearance lines on the instructions of Wollman.
CHARLES STRICKLAND , manager to John Morris, trading as Strickland and Co., Aldersgate Street. I have known Cooper ten or twelve years. He called on me in August, 1909, produced Simon and Co.'s card, samples of brown packing paper and string, and sold me a number of parcels of goods between that date and the end of the year. He introduced
Wollman to me as Simon and Co. and I bought goods direct From him. I always paid by cheque to Simon and Co. The total amount paid by me was £629 11s. 6d. The paper was mainly "Imitation Kraft," which was sold at £11 12s. 6d. per ton nett cash on delivery. The goods were delivered by Hawkes. Ingleton called on me, saw a portion of the paper delivered November 9, 1909, and identified it. The paper was of an unusual colour and easily recognised.
Cross-examined. I had 26 transactions with prisoner. I never suspected the goods were dishonestly obtained. Manufacturers and dealers very often have clearance or job lines of paper from being overstocked, having rejected parcels, or soiled or damaged goods, which are sold at low prices. I have been twenty years in the trade and have known Cooper for ten or twelve years as a man of good reputation. In most instances he asked higher prices than I was prepared to give, and I offered a price which was sometimes refused. He told me Simon and Co. were dealing with other firms. I know Page and Co., Stapletons, Bean and Co., Dyas and Co., as firms of good repute. In one case I claimed and obtained a deduction because the paper was damaged.
ROBERT MILLER , manager to J. and A. D. Grimond, Carey Lane, jute spinners and manufacturers. On July 9 and August 12 I sold goods to R. Snyder amounting to £6 18s. 6d., which were paid for. On September 28, 1909, I received order for 100 dozen twine at 3s. 10 1/2 d. a dozen and delivered 25 dozen as per invoice produced, "25 dozen 1b. W. H.M. twine at 3 7/8"; on October 14, 21 dozen; on October 18, 4 dozen; on October 28, 25 dozen; on November 15, 14 dozen. It was all new string. On February 17 at Goldberg and Co.'s, 74, Hackney Road, I identified 48 packages of string marked "W.H.M." as part of those delivered to R. Snyder on October 18, 1909. Delivery note Exhibit 55, "25 dozen W.H.M., 384, Grimond, 3 7/8, £4 15s. 11d.," is a copy of my invoice. The three last deliveries were not paid for. Had I known that R. Snyder was a minor we should not have delivered the goods.
EDGAR SCHRODER MOORE , director of W. Harrison and Co., Limited, 16, Mincing Lane, drysalters and mineral dealers. Before September 30, 1909, my firm had supplied goods to R. Snyder, which had been paid for. On October 6 we supplied 1/2 ton S150 glue in ten bags, £32 7s.; on October 30 we supplied 1/2 ton small cake glue at 27s. 6d. a cwt, £13 15s. On November 15 we received an order for six tons of S150 glue, which we did not execute. We were paid for the delivery on October 6, but not for that of October 30, issued a writ, and were informed by Barrett and Co., solicitors for R. Snyder, that she was a minor. On February 15, 1910, I identified ten bags of small cake glue at Goldberg and Co.'s as the parcel delivered on October 30.
FRANCIS HUGH STEVENS , director of the Sheppey Glue and Chemical Works, Queenborough, and 34, Mark Lane. On October 27 I received letter produced from R. Snyder asking for samples of glue. Our representative called and brought back an order for 5 cwt. BB glue at 34s., £8 10s., which was delivered. It was not paid for. We received a further order, which we did not execute. On February 17, 1910, at Goldberg and Co's, I identified two or three bags of the glue delivered
in October. We should not have supplied the goods had we known that R. Snyder was a minor.
ISAAC BENDER , trading as Goldberg and Co., 74, Hackney Road. I have known Cooper eight or ten years as a traveller in stationery articles. In July, 1909, he called on me as representative of Simon and Co. and sold me string which I said for. On October 22 and 26 he sold me twine at 3s. 6d. per doz., value £16 17s. 6d., as per invoice produced of "Simon and Co., merchants and job buyers." I paid for it by cheque to Simon and Co. I bought it from a sample. On November 8 I bought 10 cwt. glue, job at 25s.—£12 10s.—which was delivered in bags. On November 13 I bought "One lot glue, job £15"—it was a mixed lot of about 10 cwt. or 11 cwt: Exhibit 57, "Goldberg and Co., 10 cwt. glue £11 15s.; 5 cwt. glue £8 10s.," may be the goods sold to me. I bought several other parcels of goods from Simon and Co., through Cooper. At the end of November Wollman called for me to alter a crossed cheque for £30 into an open cheque. I only knew him as Mr. Simon. I gave samples to the police.
Cross-examined. Some of the string sold to me was not as strong as it should have been. The glue was in broken cakes and was therefore of less value. Cooper has regularly called upon me as a traveller for many years. I gave good value for the goods I bought as job lots.
(Thursday, April 28.)
STEWART MCCANDLISH , managing clerk to Spicer Brothers, Limited, 19, New Bridge Street, paper manufacturers. From January to July, 1909, I supplied goods to R. Snyder amounting to £25 3s. 11d., which were paid for. On July 1 Reece Snyder called and stated she was starting a wholesale business connected with the shop, that she had had a large sum of money from her grandfather, and that she would want further credit. Our traveller visited the shop and we agreed to give her credit to be settled promptly each month. She asked me to allow her to refer other firms to us and I gave her a reference to several firms. We supplied goods which were paid for up to October 21. On August 9 we contracted to supply 45 1/2 tons Kraft brown paper at £14 15s. a ton and 12 tons brown at £9 10s. a ton to be delivered during 12 months. From September 1 to 21 we delivered paper amounting to £71 8s. 9d.; September 21 to October 30, paper amounting to £94 8s. 4d.; and other goods by November 4 amounting to £45 5s. 3d. There is now owing £330 1s. 10d. In December we issued a writ, when an affidavit was filed stating that Reece Snyder was a minor. All the goods supplied were absolutely new.
Cross-examined. Reece Snyder appeared to me to be over 21, to be very businesslike, and I was absolutely deceived by her.
ALFRED FINCH , clerk, Royal Courts of Justice, produced affidavit filed December 17, 1909, in the action of Spicer Brothers, Limited, v. R. Snyder, stating that Reece Snyder was born in Russia on April 3, 1890.
1909, to January, 1910, I bought paper, twine, and cord from him to the amount of £504 0s. 8d., which I paid for by cheque in favour of S. Simon and Co., in which name the goods were invoiced. I did not know whether Wollman was the principal or the representative of that firm. The goods were sold as job lots at about 10 per cent. Under market price.
Cross-examined. I have known Cooper for 12 years as a traveller in the stationery trade; he travels for me. I knew Wollman's address—10, Beaumont Square. The transactions were perfectly open, as far as I knew, straightforward, and in the ordinary course of business. I generally arranged prices with Wollman; sometimes they were higher than I could pay and I made him an offer which he accepted or refused. In one or two cases I have sold the goods at a loss; I have also had allowances for their not being up to sample. On January 22 I had a visit from the police, who told me not to pay for goods delivered; Simon and Co. issued a writ and I paid. I showed the police Simon's invoices and gave them Cooper's address—33, King Edward's Road, Hackney.
Re-examined. I sold the goods as job lines, generally at a profit. There were two or three small parcels on which a reduction was made.
Mr. Travers Humphreys stated that he proposed to call the prisoner Reece Snyder as a witness for the prosecution. She, having pleaded Guilty on the first count (conspiracy), a verdict of Not guilty was returned on the other counts, and she was sentenced to be imprisoned until the rising of the Court.
REECE SNYDER (prisoner). For the past 20 months I have lived at 14, Mayfield Avenue, Chiswick, with my parents and three sisters. I am 20 years old to-day. In November, 1908, I and my father, Bernard Snyder, bought the business of W. Barber at 194, High Road, Chiswick. I and my three sisters attended to the shop; we had five newsboys to distribute papers; my father also assisted. He had previously been a draper. I had met Wollman four or five years ago at a wedding. In April, 1909, he came to tea; my father reintroduced him to me and said he could buy paper and string if we had any of the right kind and at the right prices. After that Wollman called almost daily at the shop; he would go up to the office on the first floor and sometimes father would go up to him. I wrote the letters produced ordering goods from the wholesale stationers at Wollman's dictation or asking for samples. Wollman would call and take the samples away, then come to the office, call me upstairs and dictate the orders to me, which I wrote and which were copied in the letter book produced. Wollman would look through the book to see if I had written the orders correctly and index them up. I identify several entries in the index as in his handwriting. When the goods arrived Wollman, if present, would take them round to the warehouse or my father would, and Wollman would come round in the evening. We took the stable in Chiswick Terrace in May, 1909, and afterwards Kensington Hall in Turnham Green Terrace as warehouses. Wollman would telephone to ask if the goods had arrived, come in the evening and go to the ware-house alone or with my father. Cheques came from Wollman, which
were paid into my banking account at the London and South-Western Bank, Chiswick, who received and paid cheques as agents for Lloyds Bank, Cheapside; some of the cheques were taken direct to Lloyds. I did not see Cooper until a few days before the police came. He used to ring me up on the telephone and ask if Wollman was at the shop—I would then switch on to the office upstairs, where Wollman would be. On January 31 I received letter produced from Wollman introducing Cooper and saw him as he has stated. Delivery notes Exhibit 55, 57, and 58 are in Wollman's writing; Exhibit 56 is in my father's writing.
Cross-examined. I had nothing to do with selling the goods whole sale. Delivery notes were left by Wollman to show what goods had been sold and they were sent off by my father. I generally endorsed the cheques which were signed "Simon and Co." Wollman sometimes made cheques payable to other names—he said he did not want all his cheques payable to H. Snyder. I may have endorsed them; some were endorsed by my father. They were all drawn by Simon and Co. on Wollman's account and were paid into my account. My mother had an account in the London Joint Stock Bank in the name of Lacey, on which I had authority to draw, but I do not remember signing any cheques upon it. I signed all cheques on Lloyds Bank—always on the direction of Wollman or my father. I was first informed yesterday I should be called as a witness. I have given no statement or proof of my evidence. Wollman had nothing to do with buying the business at 194, High Road. He went with my father to view the stable and also Kensington Hall. I went with my father to rent them. I swore the affidavit produced stating that I was a minor on the advice of my solicitor; several actions were defended on that ground. Goods were bought of Edwards and Sons, some paid for and some not. Edwards called on me. I told him I had a wealthy grandfather in Russia and thought I should benefit at his death, and asked him if the death duties in the Budget would affect it. I do not know how much my father received from Wollman. We paid £600 to £700 a month in payment of accounts. I had many inquiries of payment and my father told me to say that I had speculated and had suffered heavy losses—which I did; it was not true. I said to Edwards that my business was good and I hoped to recover myself if he would have a little patience and that he would be the first to receive a cheque. In the early part of 1908 I was in America. My grandfather gave me 5,000 dollars (£1,000) as a dowry. In May, 1908, I returned to England with my father and mother—I then had about £700, which was paid into the London and County Bank, Hawhurst, Kent, where we were staying. The entire family were living on it. When I bought Barber's business I had about £300. I paid £190 in cash and kept about £100 to run the business. I saw Spicer and Co. and told them that out of £1,000 my grandfather had given me I had bought the business and that I was opening a wholesale department.
Re-examined. I drew cheques on Wollman's instructions in payment of accounts. I paid a large number of accounts on the 20th of each month.
THOMAS GEORGE AUGUSTUS EDWARDS , director of W. D. Edwards and Son, Limited, Knightrider Street, wholesale stationers. In July and August, 1909, I supplied goods to R. Snyder. On August 9, I received order (produced) for 9 1/2 tons of Kraft paper and delivered certain quantities. On January 31 there was due £215 18s. I was pressing for payment of £41 14s. 4d., due on the month's account, and saw Reece Snyder. She said she had been speculating in securities, which were worthless at the time, but which she hoped would realise in the future, and that she had large amounts owing to her which she could not get in. We heard from Strong and Hanbury. In February I visited Snyder's warehouse and found about five tons of the paper we had supplied.
WILLIAM GEORGE WARREN , 36, Dale Street, Chiswick, shop boy. In November, 1908, I was employed by R. Snyder. Large quantities of stationery were received and stored at the stable and at Kensington Hall. Wollman used to come to the shop nearly every evening for about four or five months before the police came; he used to go to the warehouse. Bernard Snyder, in Wollman's presence, instructed me to black over or cut out marks on the packages. Samples of the goods were taken by Wollman and B. Snyder.
GEORGE SMITH , 5, Terrace View, Turnham Green, painter. In December, 1909, I was engaged by B. Snyder to unload and unpack goods at the stable and Kensington Hall. Wollman came several times and examined the goods. I scraped the marks off cases.
SENTHILL WILOX , partner in Bisley and Co., Chiswick, printers. On June 9, 1909, I printed billheads produced for R. Snyder, and at the same time 100 copies of billheads, "S. Simon and Co., merchants and job buyers, 1, Beaumont Square, E." Bernard Snyder ordered both and we were paid by cheque by R. Snyder.
ARTHUR JAMES CLUER , clerk, Lloyds Bank, Cheapside. I produce copy account of R. Snyder, opened on October 7, 1908, with £242 12s. 5d. from the Bank of Liverpool. On January 19, 1910, there was a balance of £7 19s. 11d. The London and South-Western Bank, Chiswick, received cheques and were instructed to honour R. Snyder's cheques to a small amount.
JOHN SHIRLEY LIWA , clerk, London and South-Western Bank, Chiswick. I produce copy of R. Snyder's account with my bank. From June 10, 1909, to January 14, 1910, we received cheques of Simon and Co. on the London and South-Western Bank, Minories, amounting to £1,141 11s. 2d.
Cross-examined. Cheques paid direct to Lloyds Bank, Cheapside, are not included in the £1,141 11s. 2d.
FREDERIC BRIAN WINDELL , cashier, London Joint Stock Bank, Oxford Street. I produce copy of account of Ethel Rose Lacey; her daughter Rachel Lacey (R. Snyder) had authority to draw. The account was opened November 15, 1909, by a payment of £125; further
payments of £235 were made; on February 7, 1910, £400 was drawn out in gold.
LUTHER ROBERT MERTON , clerk, London and South-Western Bank, Minories. I produce certified copy account of Leah Isaacs, trading as Simon and Co. Wollman was the usual person I saw in connection with the account. It ran from June 9, 1909, to February 7, 1910. There was paid in £3,617 1s. 1d. On February 7 the credit balance was £4 16s. 5d.
GEORGE INGLIS BOYLE , messenger, Court of Bankruptcy. I produce file of the bankruptcy of Bernard Snyder: Petition filed by the debtor and adjudication June 8, 1905; liabilities, £4,000 19s. 2d.; estimated assets, £314 6s. 2d.; deficiency, £3,686 13s. I also produce file in the bankruptcy of Tobias Davis Wollman, of 10, Beaumont Square, carrying on business at 36, Charterhouse Square, as blousemaker, in the name of Kutas and Co., Limited; petition filed March 15, 1909; receiving order April 14, 1909; adjudication April 19, 1909.
(Friday, April 29.)
Det.-Sergt. ALBERT EVE, T Division. On February 5 I saw B. Snyder and his wife leave 14, Mayfield Avenue, Chiswick, and proceed to 10, Beaumont Square, where I arrested B. Snyder, and took him to Chiswick Police Station. He was searched; pocket book and letter extract 54 were found on him.
Det.-Inspector FRANK KNELL, T Division. On February 5 I saw Wollman, at 10, Beaumont Square, told him who I was, that I was endeavouring to find Cooper, and I would like a statement from him. He gave his name "Tobias Davis Wollman, trading as Simon and Co., 10, Beaumont Square, merchants and job buyers," and said, "I have known the Snyder family about 12 months, and have been doing business with them 10 or 12 months. On January 7 I paid them a cheque for £14 10s. for paper and twine, on January 13 a cheque for £55, and on January 18 a cheque for £40. I have sold goods to Burnay, Strickland, Page, and Bernstein." He handed three invoices to me, and said "Those are the only ones I have; the others I have destroyed." He handed me a number of samples of paper and twine. He said "The goods I have purchased from Snyder, have been sent by Snyder direct to the firms to whom I have sold the goods. A man named Cooper canvasses for me occasionally. These two balls of twine are those I received as samples from Mr. Snyder, but I have bought the goods I have had from Miss Snyder, and got her. or the assistant to send them to certain firms; I have never given the order to Mr. Snyder. I never purchased any more goods from Snyder after Burnay and Co. refused to pay me immediate cash." I had then a warrant for the arrest of Cooper—after that conversation. I did not attempt to execute it.
Cross-examined. I had a warrant for the arrest of Cooper and the two Snyders. I found two officers at Beaumont Square; they had telephoned me that the man there was not Cooper. I took a statement from Wollman, intending to call him as a witness for the prosecution.
He answered all my questions; produced invoices, samples, etc., and showed me the three cheques. I saw Burnay after Wollman's arrest. On February 7 I got a letter from Wollman's solicitor saying I could see Wollman at their office.
Det.-Sergt. THOMAS HALL, T Division. On February 5, at 6 p.m., I searched at 14, Mayfield Avenue, and found a number of letters. I afterwards searched 194, High Road, Chiswick; there was a telephone in the shop, with a communication with the office on the first floor. I found a quantity of invoices and letters from about 80 firms pressing for payments amounting to £4,000; cash-book, in which the last payment is August 7, 1909, and showing takings from the retail business from November 14, 1908, to August 7, 1909, at from £18 to £35 weekly. I found a bundle of 36 instructions for delivery notes, including Exhibits 55-58. With the exception of Exhibit 56, and a bundle of receipts for delivery of goods, they are all in Wollman's handwriting; the shop was well stocked. At the stable, Terrace Mews, I found the 6 tons of paper identified by Edwards, large quantities of twine, boxes of glue, etc.; the marks of the cases were cut out. At Kensington Hall I found a case of twine, some Brunswick black, scraper produced, and a number of cases, the names on which had been blackened over.
Cross-examined. The delivery of a large quantity of the goods sold to Snyder has not been traced.
Detective ALBERT KIRCHNER, T Division. On February 14 I saw Wollman at Stepney Green close to his house, and said, "I hold a warrant for your arrest on a charge of conspiring with Bernard and Reece Snyder to obtain and obtaining various goods amounting to £210 from Strong and Hanbury with intent to defraud." He said, "Yes, I know all about it; I quite understand. I will come quietly." I said, "I will show you the warrant if you desire." He said, "That is all right as long as you have the warrant. Let me go and see my wife." I said, "That is impossible now; you can communicate with her." I then told him I should call a police officer to take him to the station, and I should search his house. He said, "That is all right, I will stay with you; there is nothing at the house." He was taken to the station: in answer to the charge he said, "I know nothing about it." I found at 10, Beaumont Square a number of invoices and cards relating to the firm of Simon and Co.; no goods and no books. On February 12 I saw Isaac Bender, trading as Goldberg and Co., and received from him a sample of string and invoice dated October 26, 1909, which has been identified by Grimond and Co. On February 15, Moore identified 10 boxes of glue containing about 30 cwt., sold to Bender for £30; also five cases of glue marked "U. B. D." and invoice dated November 13, "One lot of glue £15," afterwards identified by Stephens as sold to Snyder by the Sheppey Glue and Chemical Works.
No evidence was offered on counts 27, 28, 29 relating to Rogers' case; counts 10, 14, 19, 22 and 26 for aiding and abetting Reece Snyder to obtain credit were also withdrawn as against Wollman.
TOBIAS DAVIS WOLLMAN (prisoner, on oath). I live at 10, Beaumont Square. I have known Bernard Snyder for about 12 months since he returned from America. I had seen him some five years previously, but have done no business with him until June, 1909. I was bankrupt in April, 1909, after which my wife carried on business in the name of Simon and Co. and I managed for her. In June, 1909, she opened a bank account in the name of Simon and Co. with a payment in of £75, which she obtained from her father, Simon Isaacs, who introduced her to the bank, he having an account there. She gave her name as Leah Isaacs. All the cheques signed Simon and Co. are written and signed by my wife. Up to that time I had been in the drapery trade and had no knowledge of the stationery trade. A friend recommended me to Bernard Snyder; he said, "He has a business; he is looking out for somebody to sell goods for him." I called upon Snyder at 194, High Road, Chiswick, and he arranged for me to sell goods for him on commission of 5 per cent. and expenses, I to be responsible for all the money for the goods which were sold, whether the customers paid me or not, I to be allowed to continue my own business as a draper and sell in the name of Simon and Co. as I had to collect the money. Snyder said his daughter had the business, that he was an undischarged bankrupt, and that he was managing the business for her. I was to invoice the goods in the name of Simon and Co., but to inform him of all the firms I sold to and to sell only at the prices fixed by him. I had the samples and description of the goods from him. A few days afterwards he gave me samples of paper with the letters of description, weight, etc., and the net prices to sell at. I did not know any firms in the stationery trade and at first sold very little, so, having known Cooper as a traveller in that trade, I asked him to assist me. I arranged to pay Cooper 2 1/2 per cent. out of my 5 per cent. Commission and he proceeded to sell. I forwarded to Snyder notes containing the parcels of the goods sold, such as Exhibits 55, 57, and 58, which are in my writing. Exhibit 55 is "Strickland and Co.," the firm sold to, "50 dozen twine, Rogers, 4s. 4d., £10 16s. 8d."—that is the price at which it is sold to Strickland: "Goldberg and Co., 25 dozen twine 354 3 7/8, £4 16s. 11d."—that is the description and price of the twine as sold to Goldberg; "Bernstein, 76envelopes, duck, at 1s. 10d., £7 0s. 7d."—that is 76,000 envelopes sold to Bernstein at 1s. 10d. I have never seen Exhibit 56; I think it is in B. Snyder's writing. Exhibit 57 is in my writing: "November 12, Goldberg and Co, glue H O, £11 15s.; 5 cwt. Sheppey £8 10s., £20 5s." I do not know what "Sheppey" means—it is the description of the glue; then "Bernstein 148m Costell envelopes, 1s. 10d."; the amount of that is not carried out—I do not know what "Costell" means; it is the description of the envelope. Exhibit 58 is in my writing. "Strickland and Co., 10 reams brown D. I., 14 cwt. 0 qr. 16 1b.; 10 reams ditto 120 casing, 10 cwt. 2 qr. 14 lb., at 9s. per cwt., £11 2s. 10d.; Lloyd's 20 ream 120 D.I. 21 cwt. 1 qr. 20 lb., £9 12s. 10d.; 10 reams, S.P., 120 casing, 10 cwt. 2 qr. 24 lb., 9s. 6d., £5 1s. 11d." (A number of delivery notes
were read.) These are prices at which the goods were sold by me with the descriptions. I did not know the firms from whom Snyder was buying or the prices at which he bought. Reece Snyder's evidence is false. I did not tell her the names of the firms to write to; I did not know them myself; I am a draper by trade. I never saw the letters written to the wholesale firms. Cooper afterwards refused to work for 2 1/2 per cent. commission, and I arranged with Snyder for him to give me 7 1/2 per cent. commission, out of which I paid Cooper 5 per cent.; that was at the end of June or beginning of July, and that arrangement continued to the end. Cooper sold a large quantity of goods to several firms—Strickland, Norberg and Co., Burnay, Brown, Bernstein, Stapleford, Page, and many others. I knew none of them before Cooper introduced them. When Snyder told me the goods were a clearance lot I put it on my invoice or sold them as such. I never asked Snyder where he bought; my customer never asked me where they came from; it is not the custom to ask that. Sometimes the goods were damaged; the paper was wet or torn; we had complaints of its not being up to sample. Snyder explained that his warehouse being part of a stable the wet got in from the neighbouring stables. Sometimes I could not get the prices Snyder asked; I informed B. Snyder that I could not get the price he asked and he instructed me to accept the price offered, which I did. I went to the shop four or five times a week. If the samples were not ready I went with Snyder to the warehouse and got them. I never unpacked anything or examined the goods, or saw marks on cases obliterated. I indexed up the letter book on one or two occasions because B. Snyder said he was pressed with work and asked me to oblige him by doing so. I knew nothing of the letters. Some of the receipts for goods are in my writing; they were returned by the carmen to Snyder. I paid Snyder all moneys I received except my commission and expenses and about £75 paid to Cooper for commission; it was all paid in cheques. Sometimes cheques were made out to Clark and Co. and other names; that was because Snyder said he wanted to pay those people a cheque. Some of the money was paid by bill. The cheques and notes of the bills are all included in the bundle produced. In some cases I borrowed money from Cohen and others, which was repaid. The total amount paid to Snyder by cheques and bills (produced) is £2,466 8s. 11d. The payments go down to January 11, 1910. In January, 1910, I called on Burnay for a cheque, when he refused to pay; he said the police had been to him and he should neither part with the goods nor the money—that there was something wrong with the goods. My solicitors wrote and afterwards issued a writ; then Burnay paid. I took no more samples and sold no more goods after that. Cooper asked me for his commission on the sale to Burnay and, as I had had to pay £3 6s. costs, I referred him to Snyder and wrote to Snyder to pay him. I answered all the inquiries of the police and showed them all the documents I had and offered to give any further information if they would make an appointment. I always had my printing done by Kearstein, but in June, in conversation with Snyder, I happened to mention that I wanted a few
billheads printed; he offered to get them done for me as he would get something out of it, and he printed 100 for me at a cost of 3s. 6d. or 4s.; that was the only order I gave him; Kearstein afterwards did printing for me. I opened the banking account in the name of Snyder when I began to sell for Snyder. It was more convenient not to hand him the cheques as I received them, and I had some use for the money, which was useful to me in my business. My business in drapery was not large and I had no banking account for that.
Cross-examined. From my bankruptcy on April 19 to June 9, when I commenced with Snyder, I was doing a small drapery business for my wife. Up to my bankruptcy I traded in the name of Kutas and Co. as manufacturer of blouses and ladies' underclothing. At the end of April or beginning of May I started in the name of Simon and Co., buying blouses, etc., from manufacturers and selling to hawkers for cash. I cannot remember if I had billheads before June. My wife opened the banking account in the name of "Leah Isaacs" (her maiden name) "trading as Simon and Co." on the advice of her father. I first saw Reece Snyder in May at their own house; no introduction took place because we knew one another; I cannot recollect what B. Snyder said about buying or selling goods. I knew they were in business as stationers, wholesale and retail; they asked me to sell goods for them in the wholesale; it was not for me to ask why this wholesale stationer wanted me, who knew nothing of the stationery trade, to sell for him; it did not strike me as extraordinary, I had been recommended to him by a man named Wisselberg, of 74, Commercial Road, a stationer; he took a few of the goods and paid the price asked. Snyder told me he sold goods in the neighbourhood. I did not know the names of the customers. I saw a lot of goods in the warehouse, and it seemed a large wholesale business. I had no knowledge of the books. Exhibit 55 is my written instructions to Snyder to send the goods to Strickland and Co., and to send to Goldberg and Co. 50 doz. Twine Rogers at 4s. 4d. a doz.—£10 16s. 8d. I swear that is the price it was sold at to Strickland. "Goldberg and Co., 25 doz. No. 354 Grimond twine 3 7/8." I believe that is the price the twine was sold at to Goldberg. It may be the price I was to get for it. That is what I asked for it. I did not know that Rogers or Grimond were the manufacturers from whom Snyder had bought. Invoice produced shows the twine was sold at 3s. 6d. Perhaps an allowance was made. There is no deduction shown on the invoice. I believe 4s. 4d. was the price I sold at to Strickland; it was the price given to me by Snyder to sell at—I took it down from him at the time he gave me the sample. Exhibit 57 is one of my instructions for delivery. It is in my handwriting. The price is what I was to sell at. On the same slip there is "Goldberg and Co. 10 cwt. glue Halls; 5 cwt. Sheppey." I do not know who "Halls" or "Sheppey" are. I will swear I never saw the invoices of the goods sold to Snyder.
(Saturday, April 30.)
court, were very important documents, and I have not thought about explaining them. I was represented by a solicitor. Exhibit 57 gives £14 15s. as the price at which I was to sell. There should be another slip which I gave to Synder at the time, showing the price at which the goods were actually sold. When I sold goods I filled in another form and sent it to Snyder. The invoice from the Sheppey Chemical works, 5 cwt. glue £8 10s., corresponds with the delivery note in my handwriting. I swear again I never saw any of the invoices. These delivery notes were made out before I sold the goods without the name of the purchaser, which I put on afterwards. I also sent another slip with the description, name of purchase, and price sold at. (A number of delivery notes were put to the witness, each containing description of goods and price copied from the manufacturer's invoice, and the name of the firm to whom they had been sold. No second slips such as were described by him were to be found.) I had about 50 transactions with Goldberg and Co. They were all sold as job lines. I did not know that Snyder was getting rid of his stock, I had only had samples given to me with the price at which to sell. I did not want to know why they were being sold. I was very busy, and had my wife's drapery business to attend to as well. I indexed the letter book because Snyder asked me, as he was very busy, to oblige him. Snyder asked me to make out certain cheques in the name of Clark, and other names, as he wanted to pay the amounts to those people. I do not know why he should not have drawn his own cheque, except that he might have saved a penny. Exhibit 54a shows the amount of goods sold in October, 1909. It is in my writing and amounts to £700. The turnover in my drapery business would be £100 a month. Simon and Co.'s banking account shows a receipt of £3,600; £2,200 was paid to Snyder: about £800 would be my drapery business, and about £600 would represent moneys that I have borrowed from friends and repaid.
(Monday, May 2.)
Sentence, Bernard Snyder, Nine months' hard labour; Wollman, 12 months' hard labour. For Reece Snyder, see page 22.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, April 27.)
EGGENA, Ferdinand (28), MONTAGUE, Pansy (otherwise Pansy Eggena) (24), and EASTON, Percy Holland (45, engineer) , all conspiring, combining, and agreeing together to obtain by false pretences from William Edward Wood divers large quantities of jewellery with intent to defraud; obtaining by false pretences on or about November 20, 1909, from William Edward Wood a quantity of jewellery of the value of £8,280 with intent to defraud.
Mr. Horace Avory, K. C., Mr. Muir, and Mr. Oddie prosecuted.
Mr. Marshal Hall, K. C., and Mr. Cecil Fitch defended Eggena; Mr. George Elliott, K.C., and Mr. Symmons defended Montague; Sir Frederick Low, K.C., and Mr. Valetta defended Easton.
RUBY TELFER , manager to Mr. W. E. Wood, 18, Brook Street, Hanover Square, W. I saw Eggena for the first time early in 1909. At that time Mr. Wood's opinion had been asked on some emeralds by Eggena. After that we had some conversation about jewellery. He usually wanted diamonds. He wanted to know if he could have them on credit. I told him that was quite contrary to Mr. Wood's rule. Then he wanted to know if we would take part cash. I went with him in May or June, 1909, to Thames Ditton. He said he had an aunt there who had just come from the Continent. She was a collector of curios and jewellery, and price was no object if she thought the jewellery was uncommon. We went in his motor-car. When we arrived there he went in the house. I kept the jewellery. He was away 10 minutes. When he came back he said his aunt had gone to London and wished us to call at the Savoy Hotel at four o'clock that afternoon. I went there, but Eggena did not keep the appointment. I believe he said she was his father's sister, unmarried. I inquired at the hotel for Miss Eggena and failed to find the lady. A week or two after that I had a conversation with him about other jewellery. He called many times at Brook Street, but only alluded to jewellery casually. The first definite occasion was in September, when he said he was going to bring Miss Montague to select some jewellery. He asked if I would take a post-dated cheque for half the amount. I said certainly not. He then brought the lady in. I showed her, amongst others, some of the jewellery I had taken to the supposed aunt at Thames Ditton. She selected all the jewellery, the subject of the present charge, value £7,000 or £8,000. It was put on one side. Later he came and asked if he could have the jewellery if he gave security. I said he could if the security was commensurate with the payment. He then produced a receipt from the Ariel Motor Company for cars he had purchased, and asked if that would be sufficient security. I said no doubt it would. He kept the receipt. I went to see the liquidator of the company personally. I was not satisfied, and told Eggena so. After that I received a letter from him saying "Miss Montague wishes the jewellery for a specific purpose, and as I have another lot of cars, my own personal property, and which are of greater value, I am willing to let her take these in the meantime if you are agreeable to take them as security," etc. He then called at Brook Street, and I went with him to the Motor House, Euston Road, and saw Easton. Eggena said, "Show Mr. Telfer my cars." I was taken upstairs and shown at least 25 cars, all on one floor. Easton was there, and Eggena talked a good deal about the cars. When he had finished I said to Easton, "Are these Mr. Eggena's cars?" He said, "Absolutely." After that I consulted Mr. Wood, and on his instructions consulted his solicitor, who prepared three documents for the carrying out of the transaction. One of them is Exhibit 19, a statutory declaration. On November 16 I went with Eggena to
swear it before a commissioner. The other documents are Nos. 20 and 27. The latter I gave to Eggena with the understanding that he would take it to the Motor House and get them to sign it. I never saw it again. This letter (Exhibit 22) was handed to me by Eggena on November 16. He showed it to me as a reason why Wood had not received the document he required from the Motor House. He said it was all nonsense; he could make nothing of it. He gave me an order on them to deliver the cars. He wrote it the same day on Mr. Wood's paper. Mr. Wood gave me Exhibit 24 on the 17th. I then went to the Motor House. Easton was out. I waited till he came in and asked him what it meant. I told him why it was necessary that Mr. Wood should have the cars delivered to him, and explained the business between Eggena and ourselves. I told Easton we wanted a perfectly clean receipt for the cars, free from any claim upon them. Early in morning of the 18th Eggena arrived in the car at Brook Street. He came in and Miss Montague remained in the car. He made a lot of fuss; generally he did not, he was too full of apologies as a rule. He said, "Why cannot this business be carried through?" I pointed out that until we had a proper receipt for the cars we could not part with any jewellery. He said Miss Montague had been kicking up a row with him about it. I said to Mr. Wood, "Why not have her in and explain the circumstances of the case?" I went and asked her to come in. She did so. She commenced to expostulate about the difficulty about the cars and in getting the diamonds. I handed her Exhibit 21. She was very angry, and said she wanted to take the jewels away then, so that she could be photographed. I explained that until the matter was completed she could not have them. She then commenced to upbraid Eggena, and said it was all his fault, that he had not attended to it. To pacify her I told her he had done all he could and showed her the affidavit, and said now that he had this letter I supposed the matter would go through. She was then seemingly satisfied. At the time I was showing her some button pearls she was purchasing, she said she had a lot of property coming from Australia, and there would be no reason to raise money on the cars. I went to the Motor House with Eggena's order and produced it to Easton, and asked me to deliver me the 25 cars. I explained that I was not going to take them away, but if he would deliver them to me I would re-deliver them to him and take his receipt. He did not absolutely refuse, but he practically refused. He said he must consult the directors. I produced Exhibit 21, which says they have no lien or claim on the cars. I said, "In the face of that are you going to refuse upon his order to give them to me?" He said, "I do not absolutely refuse, but I cannot do it without consulting my directors. I left. Nothing was done. The same evening Eggena and Miss Montague came to Brook Street. Miss Montague came to take away the diamonds. I said, "We have not got the cars from the Motor House; they refuse to give formal delivery, and without that we cannot deliver the jewellery." She cried or pretended to cry. I was annoyed, and perhaps answered her sharply. Mr. Wood asked me to leave the matter to him. He endeavoured to pacify her, and
was even going to the extent of allowing her to have some of the jewellery. I pointed out that we had not got the matter settled. She heard all the conversation. On the 20th Mr. Wood produced the receipt (Exhibit 28). I rang up Easton on the telephone. He came. I recognised his voice. Mr. Wood was standing by. I repeated, "Is that Mr. Easton?" He said, "Yes." I said, "Eggena has handed us a receipt of yours," and I read it very distinctly, having some suspicion of the man. Some parts of it he repeated. His answers I repeated to Mr. Wood. Easton finished up by saying, "That is all perfectly right." On that receipt, I believe, Mr. Wood delivered some jewellery that day. A week or two later I went to the Motor House, on Mr. Wood's instructions, to see if the cars were all there. I had a long conversation with Easton about cars and jewellery. I think the words I used were "You saw your way to giving that receipt after making all that fuss." He explained that it was not his fault; that he was a servant of the company, that the directors were such difficult chaps to deal with, that he had made several hundred pounds out of Eggena and expected to make a good deal more. Between January 10 and beginning of February I saw Eggena several times a day and Miss Montague occasionally. They were then staying at the Hotel Russell. I did not ask for payment for the jewellery; I believe Mr. Wood did. I saw Eggena on February 3 at the Hotel Russell for half an hour or an hour, and then Miss Montague. My conversation with him was about his paying the money or returning the jewellery. He tried to stop Miss Montague talking about it, and cried to send Her away. She explained in an excited state that she had had enough of it, and was not going to be bothered; we might have the jewels back, they were upstairs locked away. I said I should be pleased to. He would not let her go on talking, and turned her out of the room. On February 4 I consulted Mr. Wood's solicitor. I then telephoned Easton saying, "I am sending up for Mr. Wood's 25 cars." He said, "We have not got any cars of Mr. Wood's they have all gone a long time ago." I asked now that was. He said, They went away on a properly-signed order of Eggena's, and I gave Mr. Wood notice of that at the time." I was indignant, and he gave me some indistinct reply; I referred to our solicitor, and he rang off. On the 5th application for process was made at Bow Street and granted.
Cross-examined by Mr. Fitch. I have been with Mr. Wood four or five years. He has been in business in Brook Street, I believe, six years. When I first went with him I had general experience in jewellery, not special. Mr. Wood was not then as frequently away as of late years. I was not aware that he has interests in other businesses. When I first saw Eggena he came to get Mr. Wood's opinion about some emeralds. I have no idea what opinion was given. The next business discussed was some Galician oilfields. That was nothing to do with Mr. Wood; it was with me. If there had been any profit in it possibly Mr. Wood would have had part; there was no arrangement to that effect. The next business was about the things I took to Thames Ditton. They amounted to more than £10,000. They were never invoiced to Eggena that I know of. They were never in his
possession; individual articles may have been. He said he had interests in India and the colonies. I had been told he had wealthy relations abroad. I made inquiries and found what he said was correct. We discussed the value of the articles we took to Thames Ditton in Brook Street early in the year. I made no note of the words used. He told me he was bankrupt; that was about June. That was one of the reasons I wanted security for the jewels. I made no inquiries to find out whether he had any occupation, as I had no intention of trusting him. Mr. Wood trusted him with the goods. I disapproved throughout of Eggena having goods without security. I did not deliver any of the goods, and they were not delivered in my presence. My name is Leviansky, but I have not used the name for 25 years.
Cross-examined by Sir F. Low. Eggena was anxious to get hold of the jewellery and Mr. Wood was not unwilling to deal. The only person who raised difficulties at the Motor House was Easton, who is charged here with conspiracy. He was not raising difficulties; they were quibbles for the female defendant's benefit. When I saw him about November 14 my name was mentioned as Telfer. Eggena simply said, "Please show him my cars." Nothing was said as to my connection in the matter, and Easton evinced no curiosity. I asked him if they were Eggena's cars and he answered, "Absolutely," or a similar word. I say the jewellery was parted with absolutely in consequence of what happened on that occasion. On the 17th I saw Easton alone. I did not have Exhibit 21 in my hand because I did not receive it till the 18th. I might have had No. 23. Dutton did not take that to Mr. Easton and bring it back to me. I may have said to Easton, "Why cannot you do this?" meaning carry this business through. He did not say it would be all right a little later, but I was a little too previous. It was on the 18th that I said, "How can you refuse in face of documents 21 and 23?" I am prepared to swear it was not on the 17th. Easton did not say on any occasion that No. 21 was addressed to Eggena and that he had not got his money yet. Part of my conversation has been worked into that. Part of it is correct, but the body of it is incorrect. He never used such a phrase as "I could not do it; it would not be regular, but I have no objection to transferring Eggena's interest in the cars." The only interviews I had with Easton before the jewels were parted with were on the 14th and 17th. He swore he only saw me once in his life. I had a good deal of suspicion with regard to Eggena and I was not willing for the receipt to be acted upon without confirmation by Easton, and I got it by telephone on the 20th. I have not seen more than two letters signed by Easton. Exhibit 21 is signed by Easton, "P. H. Easton." The other documents shown to me are signed in the same way. No. 28 being signed "Percy Easton" did not strike me. Up to the time of the receipt being handed to me I had made several attempts to get a clean receipt for the cars, but Easton always evaded it, and so far as I had a voice in the matter I had made up my mind the jewels should not be parted with. On the day the receipt was confirmed about £3,000 worth was almost immediately handed over. So far as I know,
Wood and Easton never came into contact until the police court proceedings On February 4 I telephoned Easton, saying, "This is Wood, 18, Brook Street. I am sending for my 25 cars," and emphasised "my" I may have said they were Eggena's and were in my name. He did not answer, "They are not in your name" nor "You never sent down a properly signed order."
Cross-examined by Mr. Elliott. Before I saw Miss Montague I discussed jewellery with Eggena at least a couple of months. He did not mention her name on the first two or three occasions. Before the introduction of her name the terms on which the jewellery was to be sold to him were not discussed. He gave me no idea of the age of his aunt that we were going to see at Thames Ditton. He led me to imagine she was his father's sister. He said she was a maiden lady and I assumed her name was Eggena. The articles I took there were a jewelled-handled State umbrella belonging to the King of Mandalay. It was a curio. There were some large pearls and a rope of rough emeralds. The value was between £10,000 and £20,000. The aunt was to buy the jewellery and when she selected it it would be time to discuss terms of payment. I did not ask Eggena the lady's position. At that time I would not have trusted him with £20 nor £10. When he brought Miss Montague I showed her a quantity of jewellery. I do not think I discussed with her the question of payment then. When she selected the jewels a proposition was made that she should give a certified cheque for £5,000 and have three months' credit for the balance. I declined it. The next proposition that I considered seriously was that I should accept £15,000 worth of motor cars from the Ariel Company as security. He showed me a receipt. He had bought the lot. They were Miss Montague's. Miss Montague was not in town then. I made inquiries and the people described the receipt as fraudulent; the cheque which had been given had never been met. The next proposition was the cars at the Motor House. It was not on the security of those alone that influenced me in parting with the jewels. There was the lady's position. I knew that from outside information. She made no statement as to her earning considerable sums of money. The statement she made as to property coming from Australia is false. She has no estates in Australia. I have made inquiries. She said she had large sums of money coming from her property in Australia. Apart from the statement that she had large sums of money coming she did not tell me specifically they were money coming from property. The statement was that she had large sums coming from Australia. In spite of that statement I refused to let her have the jewels without the security on the cars. Ladies are frequently impatient to get jewellery to wear. I was not surprised that she wanted to be photographed in them. She was not only angry with Wood and me, but she even abused Eggena and said it was all his fault. Mr. Wood tried to act as peacemaker. When I went to the hotel on February 3 she selected a tiara worth about £1,300. There was a discussion as to whether she should have one nearer £2,000 value. She chose the less expensive one.
Dr. WILLIAM LITHERMORE deposed that it would be dangerous to health for the witness George Freestone to attend the Court to give evidence.
(Thursday, April 28.)
FREDERICK JAMES MONTFORT , assistant to Mr. C. B. Vaughan, 39, Strand, W. C. I produce a diamond bar brooch and diamond drop which have been identified by last witness. They were pledged with me on November 29 in the name of "For Miss Montague," signed F. Eggena, for £450. Eggena pledged them. We have had other transactions with him.
PERCY NEAL , manager of Messrs. Brabington, 298, Pentonville Road. Mr. Britton brought Eggena to our shop about December 12 or 15. Eggena had a large pear-shaped brilliant with him. He asked for a loan of £8,000. I offered £4,000. No business was done. Two or three days later he brought a pearl necklace on which he wanted a loan of £20,000. I offered £8,000, which he refused, saying he could not do with less than £12,000. He told me they were the property of a well-known lady. I explained that if he accepted £8,000 we should have to have a title to the goods and there would have to be a special contract. No business was done. He called again on December 24, when he pawned a diamond necklace (Exhibit 1) for £450 in the name of Barr. He gave us his address, Hotel Russell, and three other addresses, also his solicitor's. He said the jewels belonged to La Milo. He also pledged other jewels on January 12. I believe he asked £1,500; I advanced £1,200. He said they belonged to La Milo. I said I should want her authority; he had better go back and get a letter, which he did. On January 20 we advanced him £200 on two brilliants. On January 22 he called with Miss Montague to purchase a large tiara and other goods valued at £10,000. They were to call the following week to pay and take up the goods. They have not done so.
Mr. Marshall Hall and Mr. Elliott cross-examined as to the value of the jewellery.
WILLIAM EDWARD WOOD , jeweller, 18, Brook Street, W. I first met Eggena early in 1909 in connection with the promotion of an emerald mine. Subsequently other business matters were mentioned and at the completion of a business in November I had a conversation with him as to supplying him with jewellery. The negotiations Mr. Telfer has spoken of were conducted by him entirely, with my knowledge. I was in Paris in November and heard of the proposal for giving the motor cars which were said to have been bought from the Ariel Company as security. Shortly after the receipt of the letter of November 12 (Exhibit 18) I went with Eggena and Miss Montague to the Motor House. Eggena there showed me the 25 cars. He said they were his absolutely and he would hand them over to me. Miss Montague remained outside in the car. I was present when Eggena made the statutory declaration. On the same day I saw him sign the
delivery order, Exhibit 23. Eggena brought Exhibit 21 signed by Easton on the 18th, saying the cars had no lien on them. After Telfer and I had read it we said we must have a receipt showing the cars had been delivered into my name. Miss Montague was not then present; she was brought in afterwards. Telfer explained the affidavit to her and said Eggena had done all he could in the matter. The same evening Miss Montague came and was very much annoyed that she could not take the jewellery away and did not see why the Motor House should raise such difficulties. In consequence of what Telfer said I refused to let the jewellery go. On the 19th I went to the Hotel Russell in consequence of a telephone message, when Eggena handed me the receipt purporting to be signed by Easton. Next morning I gave it to Telfer. He telephoned to Easton. I was there. He said, "Is that Mr. Easton?" Apparently he got a reply in the affirmative. He read this document twice. I was standing by the telephone. As he got the reply he repeated it to me by degrees. On that I delivered part of the jewellery that day and the rest in the following week. I took receipts for it. The prices charged were all agreed by Eggena or Miss Montague. They were quoted to her. The diamond drop necklace I let Eggena have for about two hours to show his solicitor about December 15, with the ultimate idea of taking it to his father in Germany. He said his solicitors were Herbert Smith and Co., London Wall. He said Mr. Smith was a connoisseur and a collector. He returned it, saying that Mr. Smith said it was worth £20,000 to anyone who wanted such a stone. I did not let him have it again. He asked for it on many occasions. He wanted to leave it with his solicitor for two or three days. I would not allow it. I offered to deliver it myself. A similar thing happened with a large pearl necklace shortly after that. He took it and brought it back, saying Mr. Smith said it was a very fine necklace, but nothing was mentioned about price. It was worth roughly £20,000 to £25,000 to sell. He wanted to take both to his father in Germany, promising to pay me part cash and a draft on the Dresdner Bank. I said if he did that he could take them away and if they were not sold he could return the to me. The money did not come and the draft did not come. The first I heard of them being pawned was at Bow Street. January 10 was the date fixed for payment of this jewellery. I saw Eggena almost daily until the time of these proceedings pressing for payment. He simply made excuses. Something was said about returning the jewels, but nothing definite was done. I consulted my solicitor on February 3. Eggena gave me £200 on November 29 as an earnest of good faith to reopen an introduction that had been made four or six months previously with Count Ward. I introduced Eggena to him early in 1909. They had some negotiations which fell through. I had nothing to do with that business.
Cross-examined by Mr. Marshall Hall. I am the prosecutor in this case and took proceedings on my own free will. Nobody else is responsible at all. I say emphatically Telfer is my manager; before that he was my assistant. He has no interest or share in the business.
It is ray business entirely. My solicitor, Mr. Leviansky, is Telfer's brother. When I started the business I had sufficient capital of my own. I do not account to anyone in the world for the transactions which take place. I was not anxious that the dealings with Eggena should not be known by Telfer. I kept nothing from Telfer willingly. The jewellery was parted with absolutely on the faith of the security on the motor-cars. Eggena and I became acquainted first over the valuation of some emeralds. I had not seen Eggena when I made the valuation. I do not remembering valuing 851 carats of rough emeralds for the purpose of advising Mr. King whether or not they were good security for £500. (Letter handed to witness.) That is my writing. I do not remember it even now. The emeralds I valued were not worthless. (Sealed bag of emeralds handed to witness, who was asked to cut the seal and state whether they were worth 30s. or 40s. a carat or 30 or 40 pence. On the learned Judge saying that, in his opinion, it was not material the witness refused. Mr. Marshall Hall then put to the witness that owing to his valuation being absolutely unreliable Eggena was unable to carry through a good piece of business in the emerald mines.) I know nothing at all about it. It is all news to me entirely. I had nothing to do with the Galician oilfields business. I was not doing a big business on the Stock Exchange. In the spring of 1909 I introduced Eggena to Count Ward in the matter of a cold storage in South London on which Count Ward wanted a large loan. It was not my business. I left it for Count Ward to do. I knew Eggena had rich relations. Telfer let Eggena have some jewellery in May, I believe; he went out with Telfer to show this jewellery. He never did trust him with it. This invoice is in Telfer's writing; he can get what goods he likes on approbation and do what he likes with them as long as he shows a profit. I never heard that the lady at Thames Ditton was Mrs. Pearce. I was not threatened with an action in connection with my valuation of the emeralds. I did not tell Eggena I only wanted the security on the cars as a matter of form; I wanted the cars delivered to me. I did not intend to take them away. When the Ariel car transaction came along I did not tell Eggena that if he gave some sort of security that would satisfy Telfer. I did not say "Telfer will think it strange I am dealing with you as he knows you are bankrupt, and the jewellery ought to be in Miss Montague's name; therefore we had better have some security." There was no such conversation. He told me nothing about the Ariel cars. All I know was when the Receiver came in and I was not satisfied. I was in Paris a good deal at the time of the jewellery transaction. After I came back I went one night to the Hotel Russell. Miss Montague had on the jewellery and asked me how it looked. I suggested it would look better on another gown and that she had better have it stitched on. The maid got nervous as time was pressing and I stitched it on her dress. I did not say to Eggena it did not matter what the security was as long as I had got something to show to Telfer. Exhibit 28 was signed in my presence. When I asked my solicitors to prepare the statutory declaration I asked them whether a man who was bankrupt could have 25 cars and I was given to understand
I could take them as security. I do not remember Eggena telling me on February 5 the jewellery was in the hotel safe and I could have it, all back. I did not take the seal off the £2,000 necklace; it is more than I dare do. I did not afterwards replace it with Eggena's seal and say the pawnbrokers would not then know where the necklace came from. If Mr. Neal says it had not a grey seal on it and no blue ribbon then it could not have been the same necklace. I was not in the hotel when Freestone came with the money to my knowledge. I swear I did not go to Count Ward's with Eggena. That Eggena came to me and said in Telfer's presence that Telfer had demanded the money, and that I had said Eggena was to have the goods, and that Telfer said to me, "You never told me," and shrugged his shoulders and walked away, is another lie.
Cross-examined by Sir F. Low. I only saw Easton in the police court. I had no direct communication with him of any sort. I was present twice when Telfer telephoned him. I was on fairly intimate terms with Eggena, and we went to a good many places together, but never came across Easton. Eggena telephoned me to go round to the Hotel Russell for the receipt, No. 28. He did not explain why he did not come to me; he simply gave me the receipt. It was usual for him to say would I go to see him. The message came about six or seven o'clock. I saw Eggena at the top of the lounge at the hotel. He said, "I have got the receipt at last; here you are." I saw it was signed" Easton," did not read it, arid took it to the shop next morning; I did not give a thought to the signature being different; I thought I was dealing with an honest man. Next morning I said to Telfer, "Here is the receipt at last." The business up to that point had been done by Telfer. I went to see Eggena the night before because he said, "Will you come down yourself?" I went; I do not know why. There was no reason why Telfer should not have gone. I think I told Telfer I was going. I had not the slightest suspicion. Telfer is more suspicious than I am of anyone, and he suggested telephoning to the Motor House, which we did. I do not take a note of telephone messages unless they are about something which I must do at a later date. Whenever Telfer telephones and it is business concerning me he repeats the conversation to me.
Cross-examined by Mr. Elliott. I knew Eggena six months before I saw Miss Montague. I can hardly say how the jewellery transaction began; it was reported to me by Telfer. Miss Montague was never at the shop by herself. When we went to the Motor House in the car Eggena and I got out and Miss Montague remained in the car. On November 18 there were two interviews with Miss Montague at my shop in the presence of Eggena. At the one in the evening she showed considerable impatience.
SAMPSON BRITTON , jeweller, 18, Houndsditch. I have known Easton four or five years. About the middle of December he told me he had sold some cars to a gentleman, and had taken a deposit of £300, and had given a certain date that these cars should be cleared, but he believed the gentleman was short of money at that time and required a temporary loan. He said he had a terrible lot of jewellery, and
asked me if I knew anybody who would lend money on it. I suggested Brabington's. He said he expected Barr (the name I knew Eggena by) to be at his place later on, and would let me know when he was there. I believe Easton told me if Barr got the loan on the jewels it was to be used to pay the deposit on the cars. I was told Barr was at the Motor House, and went there and saw him for the first time. He took a white diamond from his pocket; he made some remark about it, and then we went to Brabington's. That was about December 15. He asked a loan of £8,000, Neal offered £4,000, which was refused. Two days later I met him again at Brabington's. He then wanted to pledge a pearl necklace for £12,000; Neal offered £8,000. No business was done. That was the last time I saw Eggena.
Cross-examined by Sir F. Low. Mr. Easton is a perfectly respectable man. He did not tell me that Eggena had offered to deposit the jewels with him. I do not recollect saying at the police court, "I believe Easton did say that Eggena wanted to deposit the jewels with him." If I said so it must be right. I remember Easton saying that was not his way of doing business, and that he did not know anything about jewels. The only jewels Eggena showed me were the pearl necklace and the diamond drop. The necklace had no clasp.
WILLIAM BROOKS , cashier, London County and Westminster Bank. I identify cheque for £450, drawn by Brabington on December 24. It was paid out by £430 in notes and £20 in gold. These are two of the notes I gave out.
Cross-examined by Mr. Elliott. Eggena was there also. When I came downstairs the notes were on the table. I did not see who put them there. My wife told me Eggena gave them to her.
Inspector HENRY FOWLER, C Division. I was present at Bow Street when the witness Frestone was examined. His deposition was taken in the usual way and all the defendants had an opportunity of cross-examining him. (Deposition read.) I arrested Eggena on a warrant at 12.45 a.m. on February 6. I was with Sergeant Williams. I told him we were police officers. He was about to enter the Hotel Russell. I read the warrant to him. He said, "I deny it and can give my reasons." The charge was read to him at Bow Street. In reply he said, "I understand, but deny it." I searched him and found upon him a £10 note, £3 gold, a quantity of memoranda, and one pawnticket. On February 7 I saw the female defendant at Bow Street Police Court. I read the warrant to her. She said, "Yes, sir." She was charged and made no reply. I might say she was then with her solicitor.
Detective-sergeant WILLIAM, C Division. I saw Easton at the Motor House at midday on February 7. I said, 'I am a police officer
and have a summons to serve on you." He said, "Is this an information against me? I know nothing about it, except the man Eggena called here to buy some cars. I put them on one floor for him as he requested. I then told him when he next called I wanted, a deposit. He gave me a cheque for £300 drawn by Montague—you know, Milo. I will come with you now."
Mr. Elliott submitted that the evidence disclosed no case against Miss Montague.
Judge Lumley Smith. I do not think I can stop the case.
FERDINAND EGGENA (prisoner, on oath). I was born in Germany and was taken when quite a child to America. I came to England first in 1899. I was in Burma from 1900 to 1908. I first met Mr. Wood in reference to an emerald mine about May, 1908. The matter was brought to me by a Mr. King, who wanted to raise money to develop and work the mine. Before taking any interest in it I wanted to see what the mine was worth. Several bags of emeralds were produced and a valuation which had been given by Mr. Wood. I asked Wood if he had given this valuation and was it genuine. He said "Yes." His valuation of the stones was 30s. to 40s. a carat. On the faith of that document and his assurance with regard to the emeralds I took to my solicitors the bag of 851 carats and they introduced me to Rodriquez of Hatton Garden. They broke the seal. I told Wood the result of their examination, that they were absolutely worthless. This bag that Wood declined to open is one of the bags. He said as an excuse that, of course, there was a ring of Hatton Garden stonecutters, and they would not make any sort of valuation. Shortly after that he showed me some papers in regard to Galician oilfields and asked me if I could do anything with them. He said he had many good things of that description brought to him by friends on the Stock Exchange or somewhere. I went very deeply into the matter, but was not able to carry the business through. He next took me to Mr. Marks, 5, London Wall. This was about introducing friends to underwrite an African copper mine. About the same time he introduced me to Count Ward. Evidently he had asked Wood to raise £20,000 on some cold storage building. I might have done that business if there had been anything satisfactory arranged. I had been spending money rather freely and became bankrupt. My uncle gave me a considerable amount of money; I do not know how much. I discussed my bankruptcy with Wood. Miss Montague never lived at Thames Ditton. The lady at Thames Ditton I had known a great many years. She was an absolute judge of the stones that come from India and Burma and other places. The umbrella which was supposed to come from King Thebaw was the principal part of the whole thing. The goods were all returned to Mr. Wood. I did not have the whole lot at one time in my possession. Miss Montague is my wife. I think I introduced her to Wood about February 4, 1909. I did not speak about my aunt to Wood, and certainly not to Telfer, as I looked upon him as an ordinary salesman.
Wood often suggested to me that I should buy jewellery; he was keen for me to get all the business I could for him and later to join him in partnership and get rid of Telfer. We were going to get rid of the shop and take rooms opposite the Carlton. I told him La Milo was my wife. I showed him some of her jewellery—two diamond drops. He said one of them was a coal mine, full of black spots and not worth much. He said he could replace them at a very low figure. Miss Montague was outside in the car. I would be shopping or driving in the Park with Miss Montague and would come back through New Bond Street and stop on business to see Wood. She refused to go inside. Telfer or Wood would try to induce her to come inside and look at jewellery. If she did not go they would take things to the car. I could not say they were pressing her to buy; they were pressing me to buy things to present to my wife, and this jewellery I picked out and she looked at it afterwards. I told Wood I had not any money at the present moment; he knew that I could not have very much money. He said it did not make any difference, he was not hard up for the money, I could put off any payment. He did not say what his relations with Telfer were at this time, but afterwards he said he did not wish Telfer to know what he was doing; he wanted to do things privately. Wood never came to the place we were first living at. It may have been earlier than the beginning of October that I discussed with Wood the motor cars. The Ariel Company were in bankruptcy and anxious to sell a quantity of cars at very reasonable rates. They gave me to understand I could leave them on their premises till I had disposed of them. I had arranged to pay them a deposit of £300 or £400. I found out afterwards that the liquidator had sold some of the cars; there was a dispute and the transaction fell through. I told Wood I had paid or intended to pay a deposit of £300 or £400. I never represented to him that I had bought them out and out. About October there was the Utah Bingham gamble. He said he could get these shares at about 6s. 6d. and in a very short time they would go up to £3 or £4. This was all contemporaneous with the Ariel business and the introduction to Miss Montague.
(Friday, April 29.)
FERDINAND EGGENA , recalled, further examined. Between October 21 and November 12 the Ariel deal went off. The letter of November 12 was practically dictated by Easton to me for Miss Montague because she had lent me the £300 to pay to Easton. I wished to transfer the money from the Ariel deal and Easton would not do it without the authority of the person who signed the cheque. The letter to Telfer on the same date was written because he had made inquiries and said the Ariel deal was not satisfactory. Wood came to me because Telfer was suspicious and wished me to write a letter so that Telfer could be bluffed. He practically dictated it. Telfer went to the Motor House on November 14 or 15 and had an interview with Easton. On the 16th I saw him and Wood at Brook Street. On that day I got Exhibit 22
from Easton. That morning when I saw Wood he had the statutory declaration written out. I made some remarks about it and he asked me to go across Regent Street somewhere to sign it in front of someone. I told him at the time I did not see how it could be of value as I was an undischarged bankrupt. I do not know if Telfer heard that. Wood said it did not make any difference; the whole thing was a matter of form. On the 19th Wood came to the Hotel Russell and I had Exhibit 28 in my possession unsigned. I told him Easton had refused to sign it and, as Wood explained to me, he only wanted it as a matter of form—it seemed to me everything was wanted as a matter of form—and asked me to sign it; I did so. I had been to The Motor House with this document which I had from Wood; he wrote out the exact words. It was about lunch time. Easton was annoyed at getting letters typed as a matter of form. He said his typists were out and handed me this sheet of paper and told me to get it typed out myself, which I did. I showed that document to Easton about four o'clock and he refused to sign it. I told him on the telephone that I had signed it, and in order to cover myself I asked for this receipt, showing that I had handed the document over with his knowledge. I never suggested to Telfer or Wood that I was in a position to hand over the cars; the idea is ridiculous. The jewellery was delivered by Wood personally without Telfer's knowledge; he took them out at night after Telfer left. We used to go motor rides and places of entertainment together. We went to the Gaiety on the night of the visit of the King of Portugal. Wood came late that afternoon and stayed to dinner. Miss Montague was dressing. She intended to put on a brooch. Wood came upstairs and asked about pinning on the jewellery as he knew all about pinning jewellery on ladies and the best way to do it. I believe I went down-stairs to the hotel safe, where we kept the jewels, to get a stomacher. When I came back Wood said he was annoyed that Miss Montague wore a dress with imitation pearls because it did not show off his jewellery to its full extent, and suggested the plaque should go on the neck, and as a matter of fact pinned it all over her. I was very much annoyed at his action in the matter. She wore the jewellery. It was sold and invoiced to me. Wood told me there was a big diamond drop in the market that he was desirous of getting for Miss Montague. He drew up a design showing how he was going to put it on a necklace or chain with other diamonds. Finally he brought the drop to me, gave it to me. He wanted to get money on it. This was the time the necklace thing came up or shortly after. Wood had got himself tied up on the Stock Exchange with Utah Bingham shares; they were bought at about 14s. and had gone down to 6s. 6d. Count Ward, who was supposed to be the leading spirit in these shares, could not move because he had not sufficient money, and if £1,000 or £1,500 could be put in immediately it would raise these shares up. They wanted to buy a few thousand shares out of the market. I was to have 50 per cent., Ward 25 per cent., and Wood 25 per cent, of the profits. I never told Wood I wanted jewels to show my solicitor. I could not accept Neal's offer of £4,000 because I wanted £8,000 for
the share deal. Not getting the money, I returned it to Wood. The pearl necklace came up before that, but he only received it at this time; he had to get it from somebody outside. He said it was worth £25,000. I went with it to Brabington's. It had a grey seal when Wood received it, and he told me if the string was removed he would have to pay for the necklace, and if I showed it to anyone with the object of getting money on it they would be able to trace it back to the owner. The necklace is strung on silk, there is a small knot on each side, and there is a small seal. Wood pulled the chain down a certain extent and cut the silk band; he took another piece of silk, twisted it round and somehow sewed it on to a white thing and took my ring off my finger and sealed it with ordinary sealing wax, a bluish colour. It had that seal on it when I took it to Neal. I asked £20,000 and he offered £8,000. I returned it to Wood. If I had wanted to steal it I could have gone abroad with it several times. I went to Germany with Miss Montague in December, just before Wood went to Paris. Wood wanted my address in Hamburg. I said, "Eggena, Hamburg," would find me. I knew Wood was hard up. I received a telegram from him in the morning and immediately replied to it. In the afternoon I went to Berlin and got a loan of £400 on a piece of jewellery. Miss Montague could not pawn it; she does not understand a word of German. I got it in 10 mark notes. I intended to change them into notes at Charing Cross, but it was late in the afternoon and I had to take gold. I have paid Wood altogether about £700. As to the £1,200 from Brabington's, Wood and Count Ward were very hard put to get £1,000 immediately to take the Utah Bingham shares out of the market. I told them I had not any ready money, and the only thing I could do was to take the jewellery out of the safe and raise money. I left Wood in the Hotel Russell while I went to Brabington's. I came back to get a letter of authority. I did not wish to tell Miss Montague I was pawning this jewellery I had got from Wood, so I told her I could get more money from Neal on the jewellery already pawned with Vaughan and wanted her authority to get it transferred. Wood and I drove with the money to Count Ward, to whom I gave the money. Miss Montague was very much against my handling Stock Exchange business, but Wood kept assuring her.
Cross-examined by Sir F. Low. Mr. Wood never wished for a clean receipt for the cars; he only wanted something to bluff Telfer. I had seen Easton use the rubber stamp. When I wrote his signature I had not a specimen in front of me. I did it from memory.
Cross-examined by Mr. Avory. I don't remember whose motor-car we went in to Thames Ditton or the chauffeur. The address there was "The Hollies," Somers Road. The lady there was a friend of mine. I do not see why her name should be dragged through the newspapers. My counsel mentioned it once. Mr. Telfer pressed me to go there. I do not think I paid a deposit to the Ariel Company. I do not remember telling Miss Montague what I wanted the £300 for. I might have told her I wanted it for The Motor House. I do not know how the cheque was filled up. To the best of my belief I asked for
£300 for the purchase of some cars. She was not inquisitive enough to ask what cars or where I was going to buy them. It did not interest her at all. The receipts were wanted to fool Telfer—for Wood to show Telfer he had something in return for the jewellery. I did not understand what was in Wood's brain. He wanted the thing and got it. I had some of the jewellery before the receipt was signed.
PERCY HOLLAND EASTON (prisoner, on oath). I live at "Somerlees," East Finchley, and am a director of "The Motor House," Euston Road. The company's business is the largest of its kind in England. I became acquainted with Miss Montague and Eggena early last year. Eggena called once when the Ariel Company was in liquidation and asked me to get into negotiation with them for some cars to ship to Australia. A deposit was paid, but the matter fell through. On November 11 he said he had people who wanted to buy £7,000 to £10,000 worth of cars for shipment to Australia. I understood it was a speculation for his friends. I suggested we should sell him our own stock. He thought it was a feasible arrangement, and we spent nearly a whole day selecting 25 cars. They amounted to £7,800. He offered £7,000, which I accepted. Next day it was arranged that the cheque for £300, which had been given as deposit in the Ariel matter, should be applied for the purchase of our cars, and I asked him to get a letter from Miss Montague. Exhibit 43 is her authority for the transfer. He asked me to put the cars all on one floor. I had them put in the storage department. The balance was to be paid in 14 days. On November 14, Eggena came with Telfer. I had never seen Telfer before. Eggena said, "Where are my cars?" I said, "On the first floor of the new building "; pointing to the back part of the premises. They went upstairs. About a quarter of an hour afterwards I joined them. Telfer was not introduced to me, and I had no conversation with him. I thought his name was Wood. I did not know it was Telfer until I was at Bow Street. If he had said, "Are these Eggena's cars?" I should probably have said "Yes." They were not mine. I had given an option on them for 14 days. On November 16 Eggena said to me, "My agent has got the money ready to pay the balance; before he does so I want to know are they all your property; are there any liens on them." I said they were all our property, and we could give a good title. He then produced a paper, and said, "Well, sign that then." That is Exhibit 27. As between me and Eggena there was no lien. The last clause in the letter, as I drafted it, was "and the cars will be handed over to you or your order upon payment of the balance, £6,700." He did not want that figure to appear as the agent would know the profit he was making, so it was altered to "as arranged." When we substituted "as arranged" for the figures it was suggested by me or my co-director that we had better take a letter from Eggena, so that there should be no misunderstanding, saying the cars would not be delivered until we had the balance of the money. Until Eggena brought No. 27 I had not heard the name of Wood. Eggena gave me the idea that he was the shipping agent who was going to hand
over the money to me for the cars. Later that day Eggena telephoned to say the letter I signed was no good and that Wood wanted the cars in his name. I said, "I shall be willing to transfer your interest in them if necessary." In the evening he came up and I wrote that letter, No. 22, and gave it to him. Next day he telephoned saying everything was ready and the money would be paid over and Wood was sending his man down to get the receipt for the cars. On the 17th Telfer came and handed me an order from Eggena saying, "Please deliver the cars over to Mr. Wood." Eggena had previously telephoned to say he would settle in the afternoon and somebody from Wood's would come down. Telfer called; I took out all the documents and read them again. I said, "They are all right, only you are a little too soon." He said, "Why read the documents; you cannot object; there is no lien or claim." I said, "That letter is addressed to Eggena, nothing to do with you. As a matter of fact, I have not got my money. It will be all right; don't be alarmed." He said, "I can tell you one thing; it is a matter of £20,000 between Wood and Eggena, unless I get the transfer." I said, "You will not get any transfer till I get my money." As to Telfer telling me that Eggena was buying jewellery and giving the cars as security, he must have dreamt that part of it; he did not tell me. We discussed as to the cars being free of claims or lien, and I said even after I had been paid for them I should have to look to somebody for the work done on them, and he would have to stand in Eggena's place and be responsible for that. At that time I looked upon Eggena as a good customer and did not want to offend him. I consulted my solicitor and wrote the letter of the 17th in accordance with his advice. I gave the letter to Dudden to give to Telfer. The letter to Eggena I posted. On November 18 Eggena called. He said the agent was putting obstacles in the way and the cars must be in the agent's name. I said I would transfer his interest in them. He then wrote the letter of November 18: "This authorises you to transfer my interest in the 25 cars to Mr. Wood, but this will not interfere with our arrangement." At that time I did not know Mr. Wood was a jeweller. I told Eggena I could not possibly give a receipt in full for cars he had not paid for. I did not see Exhibit 28 till I got to the police-court. The signature on it is not mine. I did not give Eggena the paper for the purpose of getting it typewritten outside. Eggena never telephoned me that he had signed a receipt in my name and I did not reply, "All right, old chap." On the 19th Eggena called about 6.45. He started by saying he must have a clean receipt. I said I could not possibly give him one. He said he was tired of Mr. Wood and would have to make other arrangements—run over to Germany and get the money from his father, and that would settle the whole thing. He had produced jewellery before this. He produced a lot of jewellery then from almost every pocket. He said, "Give me a receipt, as I want to show it and clear up the deal somehow." I said I could not do it. He said, "Are you afraid to trust me." I said, "As a matter of fact, I am." He said, "If you are afraid to trust me I am not afraid to trust you." He said the jewellery was his wife's and worth £20,000. I would not have it in the safe a moment. I told him to
take it away. When I got the summons I remembered Mr. Wood in connection with the cars. I thought, "Good gracious, he is a jeweller."
(Saturday, April 30.)
PERCY HOLLAND EASTON , recalled, further examined. Up to the time I had the rubber stamp made I was in the habit of signing my name "Percy Easton." About December 13 he brought some jewellery. He said he had £20,000 worth, and would be quite willing as the option time was expiring to get a loan on it and pay me off. He asked if I know somebody outside the pawnbroking business who would lend money. Mr. Britton occurred to me. I saw him, told him, of our transaction with Eggena, and that he wanted me to see if I could find somebody to advance money on a large lot of jewellery. I subsequently introduced Britton to Eggena. They afterwards went to Brabington's, but no business resulted then. On February 4 I was telephoned by somebody from Woods. He said, "Have you got Mr. Eggena's car?" I replied, "He has taken it away." He then said, "I mean the 25 cars." I said, "Who are you?" He said, "I am Wood." I said, "I have not got any 25 cars of yours." He said, "What do you mean; they should be in my name." I said, "No, you never let me have a properly signed order transferring them to your name." He said, "Yes, they are in my name in your place." I said, "No, they are not," and we interrupted one another. He finally said, "We will see about that; you will hear from my solicitor."
Cross-examined by Mr. Marshall Hall. There is a good market for the sale of second-hand cars in the Colonies. At the price Eggena bought from me he could have made a considerable profit. I first saw Wood at Bow Street. I did not know Eggena was bankrupt. I am surprised Telfer did not tell me. Had I known it I should not have entered into this transaction. Miss Montague had nothing whatever to do with it. Eggena was going to borrow money on the big stone to pay me for the cars. He told me he had a £40,000 deal on in the City, and expected to borrow £18,000 or £20,000. He asked me for the note to take to Wood saying, "With regard to the receipt handed to you." That is a tricky letter, and I was had. Eggena is charging me with fraud in order to clear himself.
Cross-examined by Mr. Avory. The first I heard of Eggena signing my name to the receipt was in the cell at Bow Street. He told me. I asked him what he meant by doing such a thing. He said, "I did not really do it with the intention of doing any harm, but that fellow Wood said he must have it." He did not then say that he had telephoned to tell me he had done it. He told me he had signed the document in the presence of Wood. Wood made him do it. He did not say Wood had telephoned to me to know if it was all right. In November he offered to deposit jewellery with me for two hours. That was for the purpose of inducing me to give a receipt showing the cars were paid for, and he had a clear title. I did not look in a directory to see if Wood was a shipping agent. I had the greatest confidence in
Eggena. He said he had cabled to Australia; the principal was already in London with the agent, and when the agent received a cable from Australia to pay the money over the agent would pay me the cheque. I never expected to get the money from Eggena. I understood Wood was the agent. Telfer gave me Wood's address. On November 17 somebody from Wood telephoned, "The letter is not good enough for us"—something like that. On November 19 Eggena drafted a receipt in pencil and said, "This is the kind of thing Mr. Wood wants." I signed Exhibit 21 on November 16. I understood Eggena wanted that to confirm a guarantee I had given him verbally. He wanted to show it to his agent, so that he could send me on the money. It is addressed to Eggena and says, "We beg to say that these cars have no lien or claim whatever upon them." That was as between Eggena and me. Nobody else had a lien. On November 22 Eggena said, "When are you going to give me an order transferring the cars to Wood?" I said I had not transferred the names in the books. I have no recollection of a telephone message from Wood or Telfer on November 20. Telfer did not see me about November 27. I did not speak to him after the 17th. On two or three occasions subsequently I saw him wandering about the premises.
PANSY MONTAGUE (prisoner, on oath). I am a native of Australia. I came to England in 1906. I had then already earned considerable gums of money in my profession. I was introduced to Eggena at Marseilles. He boarded the ship at Aden, but I did not see him till we got to Marseilles. He travelled to England over land, and I saw him at Tilbury on my arrival. I came over with my manager. My income has been nearly £5,000 a year. I have a current engagement at the Pavilion Music Hall, which is suspended owing to these proceedings. I went through a ceremony of marriage with Eggena at the Grand Hotel, Birmingham. I do not know where Thames Ditton is. In October last I was living at the Hotel Russell. Eggena was staying with me. I think I paid the expenses there. I had £3,000 worth of my own diamonds. At the beginning of October, 1909, I was up at Leicester and Eggena asked me if I would come down to see Mr. Wood. I went to Wood's shop with Eggena and my maid. Wood and Telfer showed me some emeralds, which I thought were glass beads. They said they were worth £500. I said I did not want them. They were shown me out of curiosity. Mr. Wood had a large ornament for the neck, the price of which was £8,000. He said, "I should like to make you one like this." I said, "I did not wish the thing." I returned to Leicester and came back the same week. I went to Mr. Wood's again. On both occasions he showed me two tiaras and one or two corsage ornaments. Mr. Wood came to the hotel frequently and brought every time rings or something from out of his pocket to show me. I thought he wanted me to buy his whole shop. I had not bought anything from him up to that time. I never mentioned my business to either Wood or Telfer. On November 10 I gave Eggena a cheque for £300 to pay Easton as a deposit on some cars. I had
seen Mr. Easton once then, when I took a friend to see a car, and then I saw him once afterwards. After I had given Eggena the £300 he said Easton would like me to see over the showrooms. I went. t that time I knew nothing of the arrangement between Easton and Eggena as to cars. I do not know what it is all about now. On November 13 I was outside Mr. Wood's premises. Eggena had gone inside. I think Mr. Wood was in Paris. Telfer came out and asked me would I go inside. He showed me some ornaments which he said were wanted for the King of Portugal, but he wanted me to have them. I said nothing. I never spoke a word about anything to Telfer. I never selected anything from Mr. Wood. No value was ever mentioned of any jewels shown to me. Telfer and Wood have said many wicked things. I was not cross on one occasion, protesting about the delay in delivery of the jewels. I did not want the jewels; they were just thrown at me. I have never had any invoice or bill. I would not understand what an invoice meant. I have not been asked for payment by either Wood or Telfer. I remember Wood calling on November 20 with a diamond heart. My maid brought him upstairs. He would not give this to Eggena. He wished to hand it to me personally. Eggena said, "Will you give Mr. Wood a receipt?" Wood said, "Do not bother about the receipt," but I think I wrote out on a small card a receipt. Then Wood said, "I do not like the chain on it. I must change it." The diamond heart was left with me. Eggena had charge of my jewels and used to lock them up in the safe. I trusted him with everything; there was no reason why I should not. I had no key of the safe. On November 22, between 6 and 7 in the evening, Wood came to the hotel with several articles of jewellery. I gave him receipts. He told me to put them on. Mr. Wood said he wished to see the tiara on. I had my hair dressed specially for it. He said it was beautiful. When he handed it I said to him, "Oh, how good of you," or some little remark like that. He said, "It is not good of me; it is Mr. Eggena. It is a business transaction between Mr. Eggena and myself," or words to that effect. One day Eggena told me he was going to transfer some jewels of mine he had pledged from one shop to another, as he could get more money there, but he could not do so without an authority from me. I gave it to him. Eggena said Wood was pushed for money. I lent him my diamond neck chain and he told me he war giving the money to Wood. After he had pawned it we went to Wood's shop. Mr. Eggena pulled out the £200 in notes and handed it to Wood. I have not seen the German pawnticket before. Eggena never told me about it. Just before Christmas I remember being outside Wood's shop. Wood said he was sick and tired of Telfer being sick; that he was going to get rid of him after Christmas. Then I think he brought out a large diamond drop and two pearl necklaces. He said he would like me to have the diamond drop, but I did not particularly wish it. I thought it would look vulgar. Eggena said, "You ought to take this." I said, "It is no good to me." Wood said, "I want to send it over to the Kaiser; you had better decide whether you have it or whether I send it." Wood said the diamond necklace was worth £30,000. I think I laughed and said, "Well, I think I prefer the £30,000." He said the drop
was worth £15,000; he could get it for £10,000. They were never left in my possession and I never had them. Eggena never mentioned to me the pawning of the tiara. A day or two before Christmas I went to pay a bill to my dressmaker, nearly £100. I had promised Madam Fasano a Christmas cake. I took the cake along and asked for my bill. I had my cheque-book with me. Eggena said, "Do not bother about the cheque." He took two £50 notes out from his pocket and handed them to Madam. I think she went upstairs for her husband to write out the receipt. He came down afterwards. I did not know where the notes came from. Early in January Eggena said to me, "I am awfully sorry for Wood. He is in a bad state of finances." I said, "Why does he not go to his rich friend, Lord Northcliffe?" He represented that Lord Northcliffe was a particular friend of his. Eggena said, "All right; I will tell him about that." I said to Wood, "Why do you not ask Lord Northcliffe?" He said, "You know, although Lord Northcliffe is worth eight millions he cannot put his hand on £1,000 now." I thought it was awfully funny that a man with eight millions could not put his hand on £1,000. After that Eggena said to me, "I am disgusted with Wood, what do you think he wanted me to ask you?—to raise money on your contracts or give a discount bill." I do not understand discount bills. I said, "I cannot raise money on my contracts. My manager has those." I disliked Wood after that. I do not know that as the result of the authority I wrote transferring my jewellery that other jewellery was pledged for £1,200. Mr. Eggena came up one morning about 10 o'clock in a great hurry. He said, "I am bringing a gentleman up; I want you to sign a document. It is all right, and I am in such a hurry because Wood is waiting downstairs for me in a taxi." I was not dressed. My maid was there, and brought this gentleman to the door. Eggena handed me the paper, and being flustered and excited I just signed my name. I said, "What name shall I put," and he told me to sign "Mrs. F. Eggena." One day in December, Eggena said, "I want you to come down and see some things." He took me to Brabington's. I am fond of going round shops and looking at pretty things. Mr. Neale was there. He showed me a very fine tiara, and some other handsome articles. I only just looked at them. On February 2 I was staying at the Hotel Russell. I had made up my mind to leave there as I was getting tired of Wood and his friends coming. I did not wish people in the hotel to know I was "La Milo," and I thought I would go to a more quiet hotel. I had arranged to leave on the following Monday. I was waiting to go out. I said to my maid, "See where Mr. Eggena is." She went, and returned saying, "The page told me Mr. Wood is downstairs." I went down, and found Telfer there. I said, "I cannot wait any longer, and I want to go out." Eggena said, "Go upstairs and wait; I am talking business with Mr. Telfer." I went upstairs. Nothing else was said to Telfer. At the time I left the Hotel Russell and went to Hans Crescent Hotel I had no idea there was any trouble connected with Eggena and Wood or Telfer. Until I went to Bow Street I had not the slightest idea there was any charge against myself.
Cross-examined by Mr. Marshall Hall. I knew Eggena became bankrupt. His stepfather sent him £2,500. That was paid into my banking account as he could not have one of his own. The suggestion that I have paid Mr. Eggena is positively disgusting. I objected to Stock Exchange speculations which Wood suggested to Mr. Eggena. I quarrelled with Wood, and one day said I would not have him in my car.
(Monday, May 2.)
PANSY MONTAGUE recalled (cross-examined by Mr. Avory). I knew Eggena was passing in the name of Barr. When Eggena asked me for £300 he said it was to pay a deposit on some motor-cars. He said nothing about how many cars. I did not trouble myself to ask. He told me nothing. Mr. Eggena dictated the letter to me, "As stated by Mr. Eggena yesterday the delay with the Ariel Co. is unsatisfactory," etc. I thought Mr. Wood was forcing the jewellery on me. He explained it had nothing to do with me at all; it was a business bargain between him and Eggena. If I wanted the jewellery I could have paid for it myself. I know nothing about who was going to pay for it. I did not know what Wood's motive was, but I think I know now. Mr. Wood was pushing this jewellery on me. I do not know what a pawnbroker is. It would have been better for the witness Freestone to have come here. I had no chance at Bow Street to defend myself. It is untrue that Freestone handed me £1,200. I contemplated leaving England about January 14. I do not know if Eggena contemplated leaving with me. In February, 1909, I had a flat in Maida Vale. I was living there with my mother and sister. The furniture from that flat was stored with the Old Times Furnishing Co. by myself. I have an action now pending with them. In that action I made an affidavit that I intended going to Australia, and wanted my evidence taken on commission, which was refused. I only saw Telfer once at the hotel. I did not hear Wood or Telfer ask Eggena for payment for the jewels. On February 3 when I came downstairs Telfer, Wood, and Eggena were laughing together. Eggena said he would not be very long, would I please go upstairs and wait a little while. Nothing was said about jewels. I did not ask Eggena what Telfer was there for. I was never at Brook Street twice on the same day. I never mentioned about being photographed in the jewels. Jewels do not come out well in photographs. Eggena never said anything in my presence about photographs.
COUNT WARD , 6, Moorgate Street. Mr. Wood introduced me to, Eggena. The two documents produced are genuine, and signed by me. On January 12 I received £1,200 in notes. I afterwards informed Mr. Wood of the interest that was reserved to him.
Cross-examined by Mr. Avory. I had no idea the £1,200 had come from pawning jewellery obtained from Wood. Prior to that date I had no arrangement with Wood to the effect suggested in the letter. The document was drawn up on Eggena's suggestion and mine. I was selling to Eggena, Utah Bingham shares at a certain price, which he was to realise if possible at a profit. He subsequently purchased more
of those shares. He has not paid for them. Wood was under no liability to pay. The shares went up in price, about 2s. each. Wood had no benefit from the sale that I know of. I did not get from Eggena 25 per cent, of the profits. The reason a letter from me to Eggena is addressed to Barr is that I inquired from him one night at the Hotel Russell, and could not find him. He afterwards told me he was known there as Barr.
Verdict, Easton and Montague, Not guilty; Eggena, Guilty. Sentence, 21 months' hard labour.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Thursday, April 28.)
BERNHARDT, Herbert (42, concert agent) , committing wilful and corrupt perjury in a certain affidavit made upon oath in a certain cause in the High Court of Justice before Robert Todd, a commissioner for oaths.
Mr. Frampton prosecuted; Mr. George Elliott, K. C. defended. Mr. Frampton, for the prosecution, stated that the explanation offered by prisoner was such that it would lead to a reasonable doubt of prisoner's wilful intention to swear falsely, the mistaken statements having been made in consequence of his not having kept proper books of account showing what payments he had made to certain artistes which he had obtained payment for by way of special damage in an action he had brought against "Playhouses, Limited," for breach of contract. The prisoner having agreed to forgo his rights under this judgment and to indemnify the prosecution for any costs they had been put to, he proposed to offer no evidence against him.
Ths Lordship assenting to this course, the jury returned a verdict of Not guilty.
BEFORE THE RECORDER.
(Thursday, April 28.)
HOLFORD, James Henry Edward (36, no occupation) , stealing on August 10, 1909, one diamond tiara, and within six months on August 17, 1909, one diamond tiara, and on September, 24, 1909, one pearl and diamond collar, the property of Percy Edwards, Limited, and feloniously receiving the same. Obtaining by false pretences from Percy Edwards, Limited, two diamond tiaras, with intent to defraud, and obtaining by false pretences from the said Percy Edwards, Limited, one diamond and pearl collar. Obtaining credit for £2,750 and £1,450 respectively, from Percy Edwards, Limited, by means of fraud other than false pretences.
Prisoner pleaded guilty to the counts as to obtaining credit and this plea was accepted by the prosecution; a verdict of Not guilty was returned as to the other charges.
Mr. Muir and Mr. Graham-Campbell prosecuted; Mr. Rooth defended.
Evidence as to character having been called, sentence was postponed till next session.
Mr. Pickersgill, M. P., prosecuted.
MAUD TURNER , barmaid, "Mail Coach" public-house, 60, Paddington Street. At three o'clock on Saturday, April 9, prisoner came into the bar and called for a pony of bitter and tendered a sovereign in payment. I put the change on the counter and he pushed a gold coin towards me, a half-sovereign, I thought, and said, "Make it all silver, Miss." I noticed the coin was light and I put it on the gold scale and it would not turn the scale, so I examined it more closely and found it to be a gilded Jubilee sixpence. I spoke to the missus and she sent for a constable and prisoner was given in charge. The coin produced is the one.
Cross-examined. You did not say you had made a mistake and ask me to take another half-sovereign.
Detective HORACE PHIPPS, City. Police. I arrested prisoner. In reply to the charge, he said it was entirely false.
CONSTANCE LIGHT , barmaid, "St. Bride's Tavern," Bride Lane. At six o'clock on Thursday, April 7, prisoner and another man came into the bar. One had a pony of bitter and the other two of gin. Prisoner tendered a sovereign in payment and I gave him the change. He then pushed half a-sovereign towards me and asked for all silver. It was not the half-sovereign I had given him, but a gilded sixpence. I told the governor about it and while he was gone for a policeman the men went away. I picked prisoner out of eight or nine other men at Snow Hill Police Station.
ALBERT EDWARD ARCHER , proprietor, "St. Bride's Tavern." On Thursday, April 7, last witness showed me a gilded sixpence and said prisoner had given it to her. I am quite sure prisoner is the man and I picked him out of eight or ten other men at the station the following Monday.
WILLIAM PARFITT (prisoner, not on oath). I live at Plaistow, and can prove that I could not have been in the "St. Bride's Tavern" at six o'clock on April 7, because I was at home, when my son came in at seven o'clock, and I had his supper ready for him, which I cooked myself. With regard to the first house I did have this coin, which I was going to have made into a brooch for my little granddaughter, mixed up with my other money, and in mistake I gave it to the barmaid, but as soon as I found my error I asked for it back and offered her a good half-sovereign.
WILLIAM HENRY PARFITT . I got home on Thursday, April 7, about 7.15, and found my father at home. He had got my supper cooked of boiled mutton, potatoes, and greens. It would take 50 minutes to get from Blackfriars Station to our house at Plaistow.
Verdict, Guilty; a previous conviction was proved.
Sentence, Nine months' hard labour.
FELIX CHARLES KEMPSTER , Divisional Surgeon, V Division. At 2 a.m., on March 27, I examined Mary Ann Lucy, and found her suffering from three scalp wounds and a fractured skull. She has recovered from the immediate effects of the injury, but she drinks, and there will always be a liability to epilepsy.
Detective Sergeant JOHN PARKER, V Division. Prisoner has been in the Army for 12 years, and left in 1903 with a very good character. Since then he has been in the Militia for five years, and has been earning his living as a casual labourer. His wife gives way to drink, and is very violent, and has been described to me as a perfect virago.
ALFRED LUCY (prisoner, not on oath). On March 27 I gave my wife 1s. 9d. to go out and buy some food. About ten to 12 that night I found her in the "Globe" public house, in Battersea Park Road, in company with other men and women. I asked her if she was not going to get some food in for the next day (Sunday) and she threw a glass of beer in my face and would not come away. I went home, and when she came in she pulled the pictures off the wall and threw the vases at me, and as I picked up my coat to go out, as I have done before, she threw the poker at me and hit me in the back, and in the height of my temper I lost control of myself, and hit her with it. This is the first time I have ever been in front of a judge in my life. I was in the war in South Africa and I served for seven years in India, and received the medal and two bars, and I have been five years in the Militia.
Sentence, Three days' imprisonment, entitling prisoner to be at once discharged.
BEFORE JUDGE LUMLEY SMITH.
(Thursday, April 28)
BARJOU, Leontine (50, bookseller), pleaded guilty of unlawfully selling, publishing, and uttering to John McEvoy, a certain obscene book; obtaining and procuring certain obscene books for the purpose of publishing and selling them.
Prisoner was fined £20; to remain in custody until fine paid.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Friday, April 29.)
Mr. Bodkin, Mr. Travers Humphreys, and Mr. Roland Oliver prosecuted; Mr. Temple Martin defended (at request of the Court).
WILLIAM NUTT , stage manager, Camberwell Empire Music Hall. Deceased had been with me three years as carpenter and general assistant before his death. As near as I can guess he was about 42 or 43. Prisoner had been employed as fireman for just over 12 months, his hours being from 6.30 to 8.30 next morning, during which time he would be in charge of the premises as fireman. On Friday evening, March 25, I was managing the stage for a concert, when at about 9 p.m. I noticed that prisoner had been drinking and I told him to pull himself together. Being busy I had not much time to talk to him. I did not see him again till 10.30 p.m., when he was intoxicated. I left the hall-keeper in charge. Prisoner went away and I did not see him any more. The next morning I reported him to the manager.
Cross-examined. I believe he got on very well with all the men; I noticed nothing. He was a very respectably behaved man when he was sober and there was no friction at the theatre. He had been discharged once before for drinking, and was taken back again. I was not there when Healey ordered him off the stage. I did not send for his wife on this March 25. I cannot tell you what happened to him after 10.30 p.m.
Re-examined. It was four or five months previous to this that he was discharged, and I think there was an interval of a day or night before he was taken back again. I asked the guv'nor to take him back because of his wife and children. He was not exactly drunk on that occasion; he had had a drink. Being a fireman he must be perfectly sober to attend to his duties. That was his only fault. I have never noticed him show signs of intemperance in business hours before or after that discharge until this occasion.
PERCY FORD , manager, Camberwell Empire, Music Hall. On March 26 Nutt made a report to me about prisoner. About 6.30 or seven that evening I saw him and discharged him. I thought that he was slightly intoxicated. I gave him no reason. He left the premises. At about 8 p.m. I saw him just inside the stage door alone. I told him to get away and he said he would wait for Jack (meaning the deceased) and get his own back. I told him to get off home and pushed him away. I should imagine he was slightly under the influence of drink, about the same as when I discharged him. He went away, and I saw no more of him that day. The next day I engaged a new fireman—Mills. Deceased had nothing to do with the prisoner's dismissal.
Cross-examined. So far as I know since he has been in my employment he has been a peaceable and well behaved man when sober, and has got on quite well with the rest of the staff. Before I was sent for
I understood there had been a fight between prisoner and deceased, but he was alone when I saw him. We provide a uniform for the fireman, but whether prisoner was wearing ours or one of his own I do not know. Just after his discharge he waited for something and Nutt gave it to him, whatever it was.
BENJAMIN WOODGER , chief attendant, Camberwell Empire Music Hall. About 8 p.m. on March 26 I saw a crowd of about 20 people outside the stage door. I heard a voice which I recognised as the prisoner's; he was shouting in a threatening manner as though he was having a bother with someone; I did not hear the words. I returned to the main entrance and reported it.
Cross-examined. He was certainly excited. I did not notice deceased there. I think I should have noticed him if he had been there.
CHARLES GRAY , hall keeper, Camberwell Empire Music Hall. On the evening of March 26 I saw prisoner come through the stage door' when he came on duty to change his coat. He did so and went through to the stage. About 20 minutes afterwards he came out and said that he had got the "sack." He went back to the stage to get some of his clothes and then he came into my box to change his coat again. I saw him again when Ford brought him out. He went out of the stage door entrance. He then came back to the stage door and he met deceased as he was coming out. Prisoner got hold of deceased's arm and pulled it through the open half of the door. Prisoner was outside pulling the arm of the deceased, who was inside. I released the bolt from the fixed half of the door which had the effect of opening it, with the result that they both fell on to the pavement. I did not notice any struggle. Deceased got up, and came inside, and went on to the stage to get on with his work; the performance had just started. I did not see prisoner again until between 11 and 12 a.m. on Sunday at the stage door. He said to me, "Where is old Jack?" I said, "On the stage clearing up." After about a minute Healey came through the stage door with a pail of rubbish to take out to the dustbin. After he had passed prisoner said to me, "Never mind, I will wait for him another evening," and then walked away. Between 11.30 or 11.45 p.m. the next evening, the performance having ceased, I was at the stage door when deceased cairn and said something to me, and then went towards the pit, which is practically on the ground level. I went to the stalls and the gallery exits which are also on the ground level. When at the gallery exit I heard deceased shouting; it seemed to me from the circle, "Charlie! Help me! Help me!" I ran to the circle and finding nothing there went down to the pit, where I saw at the side of the seats in the gangway deceased lying with some blood on the floor near him. There was no one else there. There. were two or three lights at the back of the pit, the rest having been turned off. Deceased said something to me and I said something to him. I went off to get some water for him and on my way I saw prisoner standing outside the stage door, half of which was open. I asked him if he had done anything to old Jack, and he said, "Yes,
and this is the knife I done it with," and he pulled this knife (produced) from his right-hand pocket. I pulled the door to me, leaving prisoner outside, and ran back to the pit. On my way I saw Mills, the new fireman. I said something to him and then went to find a policeman. I saw Sergeant Curtis in Coldharbour Lane and while speaking to him I saw prisoner, and in his hearing I said to Curtis, "I think you had better come inside and bring him with you as he has stabbed my mate." I told him to be careful as prisoner had the knife on him. Curtis took prisoner whilst I went to fetch the doctor. A little before the previous Christmas some performers left two knives behind them, one of which was the one prisoner showed me. I took possession of them. Shortly after, prisoner asked me if he might borrow one as he wanted to cut some leather as he was repairing some boots. He took it on the following evening. I missed it and asked him if he had got it, and he said he had and that it had answered the purpose very nicely. He has had it all the time.
Cross-examined. I have never seen prisoner revengeful or savage. I got on very well with him. On the Friday evening he went away and I undertook to look after his work for him. Deceased and prisoner never got on well together. I never thought anything of his. remark, "Never mind; I will wait for him another evening." I thought it was nothing but a tiff and as soon as they had had a little "rough and tumble" it would be all over. Deceased on this night went from the stage door round the. back of the pit to the box-office, where he met Mills. I heard Mills say at the police-court that it was within two minutes after that that he found deceased lying on the ground. I did not notice the time, but it was about two minutes I should think after deceased had left me that I found him. It must have been very shortly after 11.30 when I found him. When I left deceased to fetch water I saw prisoner coming towards the stage door from the street; this was about one minute and a half after I had seen deceased. I did not lock the stage door; he could have come in. I notice that my depositions say, "I locked the door," but I did not do so. I went to the door of the "Joiners' Arms" when I went to fetch a policeman, and I called to a man named George Baselgia, "Come up, George. The fireman has stabbed Liverpool Jack." We then went over to the hall. This was about 11.50, a considerable time after the first start. Prisoner was at the main entrance at this time. I did not notice a knife in his hand. After having called the doctor I went back and saw deceased propped up against the radiator at the side of the pit and prisoner was sitting within six feet of him on one of the end seats. I did not stop to see what he was doing; I went to fetch Ford. The knife is an ordinary shoemaker's knife, which is always kept very sharp for cutting leather. His cap and his coat with the epaulets are still there.
Re-examined. We generally time the performance to be over at 11.30 and it takes the people three or four minutes to get out. I did not notice what time the artistes and the public had got out on this night, as when the pictures are on I very often run to the dressing-room, as I did this night, and turn out all the lights that can be
dispensed with. I took no account of times that evening. I hurried all the way to the pit when I heard the cry. I ran off for the water directly after I had spoken to deceased, as I thought he had fainted. He was lying somewhat under the circle, which is above the pit. It was dimly lighted, but not more so than any other part of the theatre; there were two or three lights from the ceiling. It was not deceased's duty to go round the pit; he went round that way to help the new fireman to close the exits, as he did not know his way round. The deceased was alone when he left me and, as far as I know, he went to find the new fireman. I rather doubt whether it was as long as twenty minutes between the time I first saw deceased and the time when the policeman took prisoner.
JOHN WARE , fireman (ex-fireman of the Metropolitan Fire Brigade). I was employed at the Camberwell Empire and prisoner succeeded me. About 11.55 p.m. on March 28 I was passing the stage door when I saw prisoner standing on the kerb. I said, "Hullo Tom! Have you anything in view yet?" He answered me at once, "No; I shall do no more work. I have just given Jack six inches of steel." I then passed on. I knew he had been discharged on the Saturday previously and my question was directed to know whether he had heard of anything fresh. I noticed nothing in his hand. I know the time because I looked at the clock further up the road in Coldharbour Lane as I passed it afterwards and that was a minute or two to 12; I allowed myself three minutes to get that distance.
Cross-examined. I did not see much difference in him. I did not notice whether the stage door was shut or open at the time.
EDWARD JOHN MILLS , fireman, Camberwell Empire Music Hall. I began my duties on Sunday night, March 27. On March 28 the performance ended about 11.30 p.m. The public take three minutes to get out; it may be less some nights. It is part of my duty when the house closes to shut the doors. I did not quite know my way about on March 28. At about 11.30 p.m. I started at the Coldharbour Lane entrance, and then went to the front vestibule, and I shut up there. I was there joined by deceased, who left me after switching off the electric lights. I stayed to close the pay box door and as it gave me a little difficulty I decided to leave it open as I could return to it again and I then followed deceased into the pit. On arriving at the right hand gangway I saw him lying unconscious, as I thought, almost in a line with the second seat from the back. I spoke to him and received no answer. There was some blood on the floor. I saw a key in his right hand but I do not think I took it. I made my way towards the stage door and, while going through the folding doors from the stalls, I met Gray and told him. I went back to deceased and Gray went to fetch the doctor. I put the deceased so that he would rest against the radiator and then went to fetch some water. I returned to him and proceeded to ascertain his injuries. Seeing some blood on his collar I undid his coat and waistcoat, and found his clothing was saturated with blood. While I was engaged in this Curtis and the prisoner, who was a stranger to me then, entered the pit. I said, "He is dead." Prisoner said, "Yes, I know he is. I meant it." I
should say seven to 10 minutes elapsed from the time I saw deceased first to the time when Curtis brought prisoner in. I was two minutes at the most trying to lock the pay-box door before I followed deceased.
Cross-examined. There is a private door leading from the vestibule into a passage and then there are two folding doors leading into the pit. I was informed that Gray saw the deceased first; he had not any water when I met him. I told him to fetch the doctor. Prisoner sat on the second seat from the back, 3 ft. from the deceased. Curtis ought to have heard him say, "Yes, I know he is. I meant it." If he says he did not, that does not make me think I am mistaken; the words made a great impression on my mind. I might have taken the key from deceased's hand but I did not put it in my pocket. I see that my depositions say, "I took the key." The key was found afterwards by someone else. Baselgia was not' there at the time prisoner said, "I know he is. I meant it"; I had sent him to fetch an ambulance.
Sergeant THOMAS CURTIS, P Division. I was on duty in Coldharbour Lane on the night of March 28 when, at about 12 p.m., Gray spoke to me and pointed prisoner out to me. He was standing outside the music-hall on the footway, near the main entrance; Baselgia was standing near him. I said to prisoner, "I believe you have stabbed a man in the music-hall. Come with me." He made no reply. He had a knife in his hand and on my asking for it he gave it to me. I looked at the blade and prisoner said-, "There is nothing on it." I could not see anything on it. I took hold of his arm, and he walked into the pit with me As we passed through from the main entrance he said, "I stabbed him." I believe Gray followed in. I noticed Baselgia close to prisoner in the pit. Deceased was on the further side of the pit from the main entrance and Mills was kneeling by his side. Deceased appeared to be dead and prisoner said, "You've got what you asked for" and then he turned to me and said, "He got me the sack last week." There was no interval between the two sentences. I told him that what he said would be taken down and might be used in evidence against him and he said, "I know you will go against me." I kept him there 25 minutes waiting for the doctor. When Sergeant Elliot came he said to me, "Have you got the wit; nesses?" Prisoner, who was standing by me, said, "There is no witnesses." The doctor said the man was dead and I took prisoner to the station. I have said all I heard prisoner say. I put it down in my pocket-book at the time. During the time we were there he sat down on a corner seat part of the time and then stood up. He was perfectly cool and collected; he did not seem to take very much notice of what was going on. On searching him at the station I, amongst other things, found two handkerchiefs, one of which (produced) had some blood stains on it. I was looking at it when prisoner said, "That's not off the knife, I cut my finger this afternoon when I was shaving." There were two slight cuts on his finger.
Cross-examined. I did not caution him directly he began making statements; if I had not had my uniform on I should have. He did not seem to be affected by the sight of the dead man. I did not hear
Baselgia say, "It's no good holding him; he is dead." I heard Mills say, "He is dead right enough." I did not observe prisoner say anything to that. I had prisoner in custody and I was less than two yards from him. I did not observe that prisoner said, "Yes, I know he is. I meant it." I turned on two occasions to Gray about the doctor and he may have said it whilst I had my head turned.
WILLIAM EVELYN ALSTON , physician and surgeon, 108, Denmark Hill. On March 29, having been called, I got to the Camberwell Empire Music Hall at 12.15 or 12.20 a.m. I found deceased lying dead against the wall of the pit with a wound on his left side between the third and fourth ribs. On the same day I made a post-mortem examination and found the entrance wound was about 1 1/2 in. long and about 3 1/2 in. deep. The weapon had penetrated the pericardium and the right ventricle of the heart. The cause of death was sudden and more or less rapid syncope from the haemorrhage caused by the wound. Assuming that the man had a coat, waistcoat, and a shirt on fairly considerable force must have been used. The wound could have been caused by a knife of this description (produced).
Cross-examined. I suppose there was a certain amount of bad luck in his hitting between the two ribs, but there is a fairly wide space between them. The knife did not touch the sternum. It would be difficult to give a blow with this knife without inflicting injuries. I cannot say I have made a study of questions of insanity. I think that epilepsy running through two or three different generations is liable to lead to mental deterioration.
CHARLES PINEL GALLIE , divisional surgeon of police, Camberwell. I went to the station at 1.30 a.m. on March 29 and saw prisoner. He was sober and had a scratch on the right-hand side of the lower jaw. He had incised wounds on his finger, I should think four or five hours old. I found on this knife opposite to the maker's name a stain which appears to be blood and there is also another slight stain on the wooden handle. It struck me that the point had been recently sharpened. I assisted at the post-mortem examination.
Cross-examined. I should say that a man using a knife with a fair amount of violence might equally, unless he were a surgeon, hit the bone as hit the intercostal space. I examined prisoner between 1.15 and 1.30. There was nothing in his appearance suggesting insanity. I did not examine him for anything of that kind; my examination was as to whether he was sober and for marks of violence. He was quiet and not excited. I should not say he was definitely morose and sullen; he was simply sitting there quietly as though he had not participated in a crime. I am not prepared to say whether he realised his position or not.
Inspector ALBERT HAWKINS, P Division. About 4 a.m. on March 29 I saw prisoner at the Camberwell Police Station. He gave his name as Thomas William Jesshope. I said to him, "John Healey, employed at the Empire Music Hall, is dead, and I shall charge you with wilfully murdering him by stabbing him in the breast
with this knife between 11.30 p.m. and midnight." He said, "Yes, I understand."
Prisoner's statement before the magistrate, "Nothing. I call no witnesses."
THOMAS WILLIAM JESSHOPE (prisoner, on oath). I am 32 years old and have a wife and two little children, aged 4 1/2 and 3 1/2. From 1892 to 1893 I was on a training ship and then I served as an apprentice to a company of shipowners for four years. I served the sea till 1902, when I was discharged with conduct "Very good." On May 26, 1902, I joined the London Fire Brigade and was there till 1907. My discharge shows "Character very good" and "Ability very good." I have never been in trouble with the police before of any land. I remember about 10 years ago coming to my senses in the padded room of the Marylebone Infirmary. I do not know how I got there. My mother fetched me away; I do not recollect whether there was anybody with her. About a year after that I was bad, but I do not know what the matter was with me. In 1893, before I was taken to the Infirmary, I had a severe illness at sea—pleurisy and a touch of yellow fever. In 1906 I had an accident, when the Fire Brigade steamer ran over my foot, and I was ill seven weeks. In January, 1907, I was ill at the Dulwich Fire Station for three weeks. Dr. Gardner, who I believe is alive now, attended me. I do not know what was the matter with me; I was unconscious all the time. They then took me to St. Thomas's Hospital, where I was ill about five months. I had three operations for abscess following poisoned blood. I went to two convalescent homes after that. My leave for that year was 279 days. My illness extended over nine months. My parents were sent for several times to come to the hospital as they thought I was dying. They told me I had had a very severe illness and was lucky to get over it. I have never been the same man since. I went back to the Fire Brigade, but I could not do the work and I was invalided out. Since my illness I have found that drink affects me much more easily. I have never drank to excess. I was discharged from the Camberwell Empire four months before this happened. I lost one of my children about 18 months ago on the morning of the day I was discharged and finally my wife had a miscarriage. On Saturday evening, March 26, I was ordered off the stage by deceased, and I could not make it out; I asked him what he meant. The same evening I was discharged by Ford. I stopped there to get my uniform, but I did not get it. I remember having a struggle with the deceased inside the hall, but I don't remember falling on the pavement. I went there on Sunday morning, and I asked the doorkeeper if Jack was there; that is all that happened so far as I remember. I do not remember anything on the Monday. I do not remember leaving home, nor taking the knife with me. I never used to carry it with me. I do not remember anything at all until I was taken to the police station and the doctor took some things off me.
Since my illness I have been troubled in my mind and I have slept very badly. I had been drinking on the Friday and Saturday before this and I had not taken my proper food. The whole of my resources were 2s. or 3s. saved up and my week's wages.
Cross-examined. I was quite competent to do a sailor's work and was ranked "A. B." I was perfectly well able to do the work at the Fire Brigade subject to being ill. When I was fined 5s. for being drunk it was when I was getting over my illness. I had had two or three glasses before I was taken to the Marylebone Infirmary; I had not been drinking much at all before that. This happened in between two voyages. I had a considerable amount of money on me at the time. The following is a record of leaves for my illnesses: 1902, 10 days, from bronchitis; 1903, 15 days from a strain; 1906, 12 days from a chill and 45 days from an abscess in the leg; and 1907, 279 days tonsilitis. I was perfectly well able to do my duties as fireman at the Camberwell. I had had some drink on March 25, but I do not remember Nutt speaking to me. Deceased and I got on all right together most of the time, except for one or two tiffs about the work. I got on with the others better than I did with him. I do not say I disliked him, but I did not like him. He drank, too. I cannot say why I did not like him. I remember Ford pushing me away on the Saturday night; I was waiting to take my uniform away. I do not remember seeing deceased, nor trying to pull his arm through the half-open door. I do not remember saying to Ford after that, "I will wait for Jack and get my own back." I went to the theatre on Sunday morning to give deceased a hiding; I was going to try and give him a good hiding. I knew he was there on Sundays. All that Gray has said as to what I said to him is true. I said, "I shall wait and see Jack some other time," because I meant to try and give him a good hiding because of the ill-feeling I had from him on the Saturday night when he told me to clear out. My dismissal originated in his ordering me off the stage. I attributed it to something deceased had said to Ford. I had had something to drink, but he had no business to order me off; he was not my superior and had no right to do so. My duty was on the stage as well as his. I do not know why I did not give him a hiding on the Sunday morning. I was at home till midday on Monday, but I do not remember anything after that. I had shaved sometime that day, but I could not tell you whether it was the afternoon or not. I remember cutting my fingers. I must have put the blood-stained handkerchief in my pocket, but I do not remember it. I do not remember saying that the blood on the handkerchief was not off the knife, but that I had cut myself whilst shaving. (The evidence of the different witnesses as to his actions at the time of the offence were put categorically to the prisoner, who denied all knowledge of them.) I did not realise what I was in custody for at the station; I knew it in the morning when I was told. I have never said before that I did not remember all this. I have been bad two or three times, but I have not seen a doctor since 1907.
Re-examined. I remember Mr. Hitchcock, the solicitor, coming to me a day or two after I was committed for trial and I then gave him
the statement I have made to-day. I do not know that the doctors certified on my being taken to the Infirmary that I was suffering from convulsions.
REGINALD GEORGE SIMMONDS , Master, Marylebone Workhouse. The workhouse does not include the infirmary. I do not know prisoner. This is an order of admission from the Middlesex Hospital, dated March 10, 1900. (Mr. Bodkin objected to the admission of the document on the ground that it had not yet been strictly proved.) I was not master in 1900 and I have no recollection of prisoner. In using the word "Infirmary" a mistake has been made; it should have been, workhouse. The Alexandra Ward has two padded rooms set apart for people requiring observation. (Mr. Temple Martin here proposed to ask the witness what the document purported to show. Mr. Bodkin objected on the same grounds as above. Mr. Justice A. T. Lawrence held that before the document could be proved a witness who was there at the time when the entry was made and could identify the prisoner must be called.)
CHARLES FREDERICK PAGE , surgical registrar, St. Thomas's Hospital. I produce the record of case in 1907 of a person named Thomas Jesshope. I do not recognise prisoner. (Mr. Bodkin objected for the same reasons to the admission of the record. Objection upheld.) There were a number of doctors who attended this man. Dr. Clutton would probably have seen him. The house surgeon at that time was. Dr. F. S. Hewett; he made the first entry here, apparently. There were four house surgeons who attended him altogether. You might get Dr. Hewett down here at short notice.
LILLLE JESSHOPE . Prisoner and I have been married five years last October. About three years ago he had a severe illness, at the Lordship Lane Fire Station, from bronchitis, congestion of the lungs, pleurisy, pneumonia, and an abscess. His mother and myself nursed him three weeks there. He got so violent that we could not manage him, and we got Joseph Fawcett to assist us. He was then taken to St. Thomas's Hospital, where he remained seven or eight months. I was sent for twice because he was not expected to live. He went after that to two convalescent homes and eventually went back to the Fire Brigade, but he was invalided out within a very short time. He did some work on three afternoons at Terry's Theatre, and then he got this job at the Camberwell. Since his illness he has been more easily affected by drink; he does not seem to know really what he has been doing. I have seen his mother in a fit once; she was very violent. I do not know what you call them. She had not been drinking at the time; she does not drink. About 10.30 p.m., on the Friday night, before this happened, I went to the music-hall and found him drunk. I took him home and Gray locked up his doors for him. About 7.30 on the Saturday evening I was confined and had a miscarriage through lifting a machine. That upset my husband awfully. That same evening he came back from the theatre discharged. I was laid up. He is a very good husband and a good father.
Cross-examined. My husband had married quarters at the fire station. He got delirious and had difficulty in breathing.
ERNEST JESSHOPE . Prisoner's father is my brother. I have a son aged 23 who was taken to a lunatic asylum the beginning of last September. He has not suffered from fits. He was sent to Pentonville for six weeks' hard labour and when he came away from there he was quite insane and since then he has been in the asylum.
Cross-examined. He was for six years as a despatch clerk in Peter Robinson's, Limited. To my knowledge he is the only relative of mine who has ever been in an asylum. I think my son's insanity must have commenced before he went into prison, because of what he was charged with—petty theft. I do not believe he did it wilfully. He did the same thing when he came out of prison and then he was sent to the asylum. The next brother to me (the prisoner's father is my eldest brother) suffered from St. Vitus's dance until he was 17, but he is a strong, healthy man now.
THOMAS WILLIAM JESSHOPE (senior). I am prisoner's father. I was formerly a coachman, but I am 66 years old and am not now working. My wife has had fits for 20 or 30 years. At first she used to have the doctor, but. I recover her myself now; they used to come so often I knew what they were and I could cure her better myself than doctors. They only last a short time and sometimes half an hour. Dr. Halliday was the doctor who came to my son when he was born, and one of the doctors who attended her for her fits; he is dead now. I do not know whether she is dead or alive until I shake her. I have felt her pulse and could not find any. I keep worrying her until I get her to life again. I went by myself to the Marylebone Infirmary to see my son. It is so far back that I cannot remember it very well. They said he was placed in the padded room. I cannot tell you what he was suffering from, whether a fainting fit had come over him or something of that kind. I believe he came out next day, but I could not say; we left him there.
Cross-examined. He came home afterwards and then, as far as my memory can say, he went about his business again. This happened when he came home from sea; I never had any trouble with him before. I have never seen him in drink and never knew him to be so. Whenever he came to see me he was always too respectable. I was married in 1871, and years and years afterwards my wife started these fits. I could not say whether my son was born before she started; he was born in 1878. I have seen very little of my son during the last two years. I saw him in a room in the infirmary; I cannot describe it exactly. They told me it was a padded room.
ELLEN MARIA JESSHOPE , prisoner's mother, wife of the last witness. Prisoner is 32 years old, and early in life he went to sea. I attended him during his three weeks' illness at the fire station and on several occasions I had to get help because he used to have shivers and then dreadful heats in which he lost his reason, and I and his wife could not hold him. He was taken to St. Thomas's Hospital and for the first five months I used to go there two or three times a week. I have
been sent for, I should think, half a dozen times, as they thought he was dying. I did not see him for over 12 months after his illness. I have suffered from fits. It is about four years ago since I had the last fit and it is about 16 or 18 years since I had the doctor last. I have no warning when these fits are coming off; I simply go off. After the fit, is over recollections gradually come to me. They leave me very weak and low. My mother suffered for 40 years with fits. I had a sister who suffered from trance fits; her illness was slow decline. I had another sister who died when a child in convulsions. Ten years ago I went to the Marylebone Infirmary and saw my son in the padded room. He was fairly calm. I believe I took him away.
Cross-examined. They told me it was a padded room; that he had been noisy at the hospital and that was why he had been sent there. I do not remember that he was drinking about that time. I took him home. I cannot remember whether he went on another voyage or not; he was home for about eight weeks. The sister who had trance fits died when she was 33. It is not unusual for a child to die from convulsions. My mother died when she was 70. Sometimes she was quiet in her fits, and sometimes she had a great struggle with them. I have only had the doctor twice for my fits.
Re-examined. I was not told what my son had been suffering from at the infirmary.
GEORGE BASELGIA , hairdresser, 3, Liverpool Parade, Coldharbour Lane. About 11.50 p.m. on March 28 I was in the "Joiners' Arms" when Gray called me out. I went across the road with him and saw prisoner outside the main entrance of the Camberwell Empire. I did not speak to him. He did not look the right way to me; he never said a word. His eyes were fixed. I do not think he noticed me. I went into the pit with Gray, where I saw the deceased being held by Mills. Gray went to fetch the doctor and I went for the ambulance. As I went outside I saw prisoner standing in the same place. I saw Curtis and said to him, "The man done a murder. He has stabbed somebody inside—Liverpool Jack—in the pit." I went back to the pit followed by prisoner and then Curtis. I said, referring to the deceased, "He is dead." I did not hear prisoner say anything to that; he was sitting in a corner seat about 6 ft. away, Curtis being next to him. I went to fetch the ambulance and when I came back prisoner was in the same place; I had been away about 15 minutes. He kept his head down and he had his hat in his hand. He did not look as if he knew what he had been doing, but I cannot answer that really. I have known him since he has been fireman at the Empire. I have often seen him drunk and when he was like that the best thing to do was to get away from him; he was like a beast and Wanted to fight everybody. When he was sober he was a very nice man to speak to. I cannot say that I have ever seen him before the same as he was on that Monday night. He was sober.
Cross-examined. I did not speak to him that night because I was afraid of him.
I have had 19 years of infirmary and workhouse work and have 2,300 beds to attend to with five assistants under me. I have held the position for 12 years and perform about 500 operations a year. I have had a number of mental cases. It is undisputed that epilepsy is hereditary. I think from the description the fits that the prisoner's mother and grandmother have had are epileptic; I am not sure about the prisoner's. The trance-like condition of the sister is also a form of epilepsy; it is a state which succeeds violent struggling. As regards the mother's fits, the fact that they came on suddenly shows they were epileptic.
(To the Judge.) They can come on with or without warning. The duration of the fits is another factor. I think she said that the fits went on for 18 years.
(To Mr. Temple Martin.) Epileptic fits can be as well treated by a person who is accustomed to them as a doctor; I should think the husband was the most suitable person to attend to her. It is a wellrecognised medical theory that where there is a history of epilepsy running through two or three generations there is a tendency to insanity, which may be increased by a long exhausting illness and drink, the latter being a quickly increasing cause, as after a long illness the subject is affected very much more easily by it. These causes would operate for the rest of his life. The septic illness from which prisoner suffered would affect his brain for the rest of his life. It would be a bad form of the hereditary nervous instability. In a case of this kind where you have constant drinking the man would be liable at any moment to have a fit of homicidal or suicidal mania and it is probable that he would have an attack of impulsive insanity. One of the characteristics at the time or a test afterwards of impulsive insanity is whether a person remembers what they have done. In such cases the subject seems to be quite sane to those around him and it is possible he may make statements corresponding to the actions he has been doing without knowing afterwards he had made them. If recalled by a question suddenly he might be able to answer that question with apparent sanity and relevance to the occasion, but on the other hand he may be perfectly unaware he had answered it. In prisoner's case I think that his mental condition is not a normal one through inherited causes, through a long and exhausting illness, and through drink. I think at the time of his attacking the deceased the effects of drink had not passed off and that they rendered him liable to be dominated by a desire for revenge and that, acting under that impulse, he committed this deed. The statements he made and the fact that he was waiting about outside with the knife in his hand are consistent with what I have stated. The fact that he says that he does not remember these things is quite consistent also.
Cross-exmined. I have given evidence on questions of sanity in relation to attempted murder charges, but this is the first time I have given evidence as an expert in a case of this kind. I think my assumption that the fits described are epileptic is important. I think it is possible to form a very good judgment as to the nature of the
fits from descriptions given by the patients or their relatives. Cataleptic and epileptic fits are both on the same footing. I think it likely that epileptic children may be produced from parents subject to cataleptic fits. I have not known of such a case, but from the nature of the disease it is possible. An epileptic recovering from a fit may do injury to himself and to others and they are certifiable for that reason; it is the state coming after the fit called the "automatic stage." I do not think that is either an old or new theory. I have not said prisoner was an epileptic; he is the result of having epilepsy in his family; he suffers from inherited degeneration of his brain cells and the illness coming on top of that and his habits render him liable to be weak and therefore to lose his self-control. He will not be able to resist evil temptations and promptings, may be dominated by feelings of revenge, uncontrolled anger, and to use violent weapons against those whom he hates, and to prepare and deliberate knowingly for a deed against them, and yet he might not be quite sane in so doing.
Re-examined. A person with a diseased brain would be liable to be overcome by an impulse on the instant without any previous premeditation. The fact that prisoner has relatives on one side having a tendency to insanity and on the other side absolute insanity would be a possible factor.
CHARLES PINEL GALLIE , recalled. Further cross-examined. I have to deal with lunatics, but I have not made a special study of the subject. I think there is no question that epilepsy is hereditary. I think in any case where there is a previous history of epilepsy it is possible the children may inherit mental weakness or epilepsy. The alcoholic epileptic is probably worse than the non-alcoholic epileptic. The fact that prisoner made coherent statements would be very much more consistent with his having had an irresistible impulse if there were direct evidence that he had had a fit or fits at any previous time and the prisoner was in a post-epileptic condition; I would then be much more ready to admit all these possibilities. The' fact that he had fits 10 years before may affect his general mental calibre. His walking round the theatre with the knife in his hand does not strike me as consistent with the action of an ordinary criminal; his impulse would be to get away. His remembering certain things and not others is consistent with what is laid down as to emotional insanity.
Further re-examined. That is the condition where the individual who is of unbalanced mind has sudden impulses and gives way to them, and yet may not be insane at other times. I should be very sorry to say that sane people do not give way to such impulses. You believe somebody has done you wrong, you harbour the feeling, and you intend to do an injury to him, and when an opportunity occurs you do it; that is this case. There is no emotional insanity in that.
To the Judge. I think the fact in the mother's case of the fits persisting and occurring, as far as I could gather, with a certain frequency, is more suggestive of epilepsy than of hysteria. There are not many kinds of fits occurring in that way with fair frequency in an apparently otherwise healthy person. I certainly think from her description that her mother's fits were epileptic; but I can only assume.
If the grandmother were an epileptic then the mother's fits were probably epileptic.
BEFORE THE RECORDER.
(Friday, April 29.)
Sentence, Six months' hard labour.
Many previous convictions were proved against both prisoners. Sentences: Lee, 15 months' hard labour Rowe, 12 months' hard labour.
The jury disagreed; prisoner was released, on bail in £40, till next Session.
The Recorder stated that in his opinion there was not sufficient evidence to justify the case being left to the Jury.
Verdict, Not guilty.
GREEN, James (43, mason) , carnally knowing Edith Caroline Ventris, a girl above the age of 13 years and under the age of 16 years, he having not reasonable cause to believe that the said Edith Caroline Ventris was of or above the age of 16.
Mr. Clarke Hall prosecuted.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Friday, April 29.)
GASKILL, Ernest (41, publisher), CARPMAEL, Samuel (41, clerk), and HILL, Charles (47, manager), pleaded guilty of together with other persons known as William Barnes and George Roberts unlawfully keeping and using certain houses and offices for the purpose of money and valuable things being received by and on their behalf, they being the keepers of and persons using the said houses and offices as and for the consideration for undertakings and promises by them to pay money and valuable things on events and contingencies of and relating to certain games, sports, and exercises, and Gaskill, Carpmael, and Hill aiding the said Barnes and Roberts, to commit the said misdemeanours; together with the said Barnes and Roberta unlawfully keeping and maintaining common gaming houses.
Mr. Leycester and Mr. Stanley Crawford prosecuted; Mr. C. F. Gill, K. C., and Mr. Walter Frampton appeared for the prisoners.
This was a case in which the prisoner Gaskill's office had been used for printing and issuing circulars in England for a football competition carried on from Holland, Carpmael and Hill being servants.
Sentence (Gaskill) fined £20; Carpmael and Hill were released on their own recognisances in £20 to come up for judgment if called upon.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Saturday, April 30.)
Mr. Eustace Fulton prosecuted; Mr. Moyses defended.
Police-constable HENRY BROWN, X Division. On April 18 I went to Uxbridge Road, Southall and, assisted by Detective-Inspector Barrett I took certain measurements and afterwards drew this plan (produced). The spot marked "1" is a hedge 5 ft. high, 2 in. thick; "2," a footway 10 ft. wide; "3," kerbs 6 in. wide and 6 in. high; "4," a roadway 9 ft. 3 in. wide; "5" and "6" are the tram tracks, 15 ft. wide, the space between them being 3 ft. 4 in. "A," "B," and "E" are spots pointed out to me by Barrett; "C" and "D" are street lamps, Nos. 223 and 275, 24 yards and 62 1/2 yards away from "A" respectively. "F" is another street lamp, No. 274, 88 yards from "B." "G" is a pump belonging to the Council, 8 ft. 6 in. high, 162 yards from "E" and 6 yards east of "H," which is street lamp, No. 222. "J" is the entrance to a golf club.
Cross-examined. I went by myself to take these measurements, Barrett having explained to me the position of the things. This was two days after the accident and I could see the blood spots still. I do not think there had been storms in that part of London since the accident. Barrett told me where to look for the blood marks and I found them. Hundreds of vehicles had passed over the spot since the accident. At Barrett's request I made the plan that I produced at the inquest longer, so as to include the pump and other things. I used a foot-rule to measure the distances; it was good enough.
Detective-Inspector EDWARD BARRETT, X Division. On April 18 I saw prisoner, and after cautioning him said, "You will be charged with unlawfully causing the death of Eric William Bicknell by running him down in the Uxbridge Road on the night of the 16th. "He replied, "I have been working all night. I rather anticipated this. The barrow appeared suddenly in front of me. I think the wing of
the car must have struck the boy. It was dark. I tried to clear him." On the evening of April 19 I and Sergeant Hambruck made a series of tests in the same taxicab that was in the accident, which was lent to us by the company. (Mr. Moyses objected to the admission of the results of the tests on the ground that neither the prisoner nor anybody on his behalf, had been invited to attend. Mr. Justice A. T. Lawrence held that this was not ground for excluding the evidence, but the fact served as material for comment). A representative of the Taxicab Co. and a representative of the Insurance Co. also attended. The prisoner, who was on bail, was not present. The object of the tests was to see as far as we could what could be seen in the road given a fair view of the thing. The night of the 19th was very gloomy and overcast and we went there the same time of the evening as the disaster happened. We had no difficulty whatever in seeing the barrow, which was the same barrow as figured in the accident, 200 or 220 yards away whilst seated in the taxicab. The lamps on the head of the car were alight. From the iron bridge 347 yards away from the accident I got an uninterrupted view of the road. We could see that it was an obstacle a very long way away, and after passing the lamps on the near side, which is 62 yards before you get to the barrow, we could distinguish the barrow and the man who had been placed between the shafts.
Cross-examined. As the only plan we had was taken by the Coroner I had another one prepared and suggested that it should contain a larger area. We gave the company a chance of going over the same ground as we had gone over so that they could contradict anything we said. They helped us all they possibly could in the matter. The night could not have been worse, from the prosecution's point of view; we took the night just as it came. I arranged for the tests the night before, Sunday. I communicated with the police at Southall and they supplied a constable in plain clothes to put between the shafts; the father was too ill to appear. I asked the father for my own information to point out to me on the plan where the accident took place. The plain clothes officer stood between the shafts; he was not pulling the barrow. We knew he was there and what we were looking for. There was no boy put behind the barrow; probably if there had been we should have seen better. We had nothing on the barrow. I know that there was a hundredweight of potatoes on the barrow when the accident occurred and I also know that the boy was wearing a very light pair of knickerbockers. It did not strike me as necessary to load the barrow. On the plan used before the Coroner there was no pump, and it was not mentioned at all; it was not in issue. In fairness to the witness who failed to give that evidence, I ought to say that when he made his complaint at the station he spoke about that pump.
HENRY PERCY BICKNELL , greengrocer, 13, Jersey Terrace, North Road, Southall. On April 16 I was pulling an ordinary coster's barrow from Kew Market to Southall, my son, aged nine, pushing behind. I pulled off the tram track at Hanwell Asylum and rested. I looked through the asylum gates and it was 7.35 p.m. We then proceeded on our way to Southall, going on the near side tram-lines,
when some little distance beyond the Great Western Railway Bridge I looked round and saw my boy pushing behind. A few minutes afterwards, without any warning whatever, I was flung violently across the road by something hitting me with terrific force at the back; my head hit the kerb. I should think this would be about 7.50 p.m. It was the barrow which hit me, being hit from behind by the cab. I was dazed for a moment or two and then I got up to look for my son and saw him between the two sets of tram metals. I picked him up and then I saw the taxicab pull up two or three lengths ahead of me; it was facing towards South all, but at a slight angle towards the near side of the road. My boy was taken in the cab to the nearest doctor and afterwards to the West London Hospital, where he died at 11.30 p.m. I had no lights on my barrow because it is not usual; I was not expecting anything of that kind coming up behind me and taking my boy away from me. I could see one head light and one side light on the taxicab. These are the trousers that my boy was wearing that night. (Produced.) I am perfectly familiar with the road. Previous to the accident I saw some distance ahead a pump on the side of the road; I have since heard it was 162 yards away.
Cross-examined. I wrote prisoner on April 24 in the names of my wife and myself, thanking him for his floral tribute and giving him our heartfelt sympathy in the hour of his trial. I should say that this has terribly upset him. Where there is congested traffic it is usual for lighter traffic to keep well in to the kerb, on the left hand side. I was afair distance from the kerb; I do not know what it was. I should think it would be 250 or 300 yards from the Asylum to the bridge. It was two or three yards before the accident when I looked round and saw my son pushing. I do not think that the question of time was gone into before the Coroner, but I really cannot recollect.; that week is all a maze to me. I cannot say whether my boy may have stepped aside before the taxicab hit him. His coat was a darker shade than the knickers. I had a hundredweight of potatoes on the barrow. I was never asked to take part in the tests. I pointed out to the Justices of the Peace on the plan the exact spot where the accident took place. The road was not wet. There had been rain in the early morning, and the sides of the road were damp.
THOMAS BROWN , 290, Fulham Road, S. W. At about 7.30 p.m., on April 16 I engaged a taxicab for Uxbridge from 290, Fulham Road. Prisoner was the driver. We did not stop for any purpose, except when the traffic necessitated it. After passing Hanwell Asylum I heard a cry and a grating crash, and the car drew up. I got out and saw Bicknell coming towards me with a boy in his arms. I put the boy in the cab and went to the doctor. My idea is that the cab was not going fast. I gave an estimate at first of from 10 to 12 miles an hour, but on working out the time it took to go from my place to the scene of the accident it would work out at about 14 to 16 miles an hour. Judging by the time we got to the doctor's and allowing for the time it took to get there the accident must have taken place at eight o'clock, if not later. I looked at my watch when I was waiting
for the tram to go on to Uxbridge and it was 8.30. I was in the surgery about 10 minutes, and I was waiting three or four minutes for the tram.
Cross-examined. I was taking out my son for a week-end in the country. I was struck by the fact that the prisoner was driving very steadily. On our previous journey the driver was very reckless most of the way, and we finished up by having a smash outside Uxbridge Station. That, combined with the fact that my little boy was not very well, made me particularly anxious as to how we were travelling, and I took particular notice.
To the Judge. Prisoner has never driven me before.
HENRY REGINALD HUNT , schoolmaster, 19, Northcote Avenue, Southall. On the evening of April 16 I was walking with my wife towards Hanwell from Southall, and as we were approaching the iron bridge I saw a man and boy with a coster's barrow going in the opposite direction on the opposite side of the road. Afterwards I saw a taxicab going in the same direction as the barrow. This was between 7.48 and 7.50. I noted that the time on leaving home was 7.30, and my house is nearly a mile from the scene of the accident. I noticed the cab was going fast, but that is a very usual thing on that road. I then heard a crash and a cry. I turned round and saw the car was still proceeding up the middle of the road and then it pulled up within 15 or 20 yards from the barrow. I was about 60 yards away when I heard the crash. I waited till the car stopped, and then I started walking towards the barrow. By the time I had got up the boy had been put into the car, and it was driving away. The road was fairly dry at the time. I went on past the asylum, and as I was passing it struck the hour; I presume eight. It would be about nine minutes' walk from where the accident happened to the asylum walking leisurely.
Cross-examined. I usually notice the time when I go out. To make sure of the times I have been over the same distance twice, and I find the times I have given are correct. I am here as an independent witness. I was not called at the inquest. I saw Inspector Barrett a week ago; he came to me at the school. I was called after the remand to give evidence. He did not suggest my walking over the same places to see how long it took. I was not more than sixty yards away when the accident occurred. I did not hurry to the place; I walked leisurely. The car was going straight on when I turned round; it did not appear to have swerved out; this was almost immediately after the impact.
Police-constable SAMUEL WALKER, X Division. On April 16 I was on duty in Southall Road, when at about 8.10 or 8.15 p.m. I saw a crowd and a taxi-cab. I asked the driver (prisoner) what was wrong, and he said, "I have had the misfortune to knock a lad down in the main road. I was travelling from Fulham to Uxbridge at the rate of about twelve miles an hour, and I did not notice the lad, who was behind the barrow, until I was right on top of him." I went to the surgery with the boy and then on to the hospital.
Cross-examined. I made a note in my pocket-book as to the time when I got to the hospital. It was not 8.30. Prisoner was very nervous, excited and upset.
Cross-examined. It was not raining then. It was raining about midday and also after I had finished lighting—about 8.15 p.m.
Re-examined. I finish my round at about 8.20, and it had started raining just on the end of my round.
JOHN CARRINGTON MARKLOVE , surgeon, West London Hospital. About 10 p.m. on April 16 the boy Bicknell was brought to the hospital suffering from fracture of several ribs, shock and internal haemorrhage. He was slightly conscious for a time. No operation was possible, and he died after about an hour and a half. He had a cut on the left temple, which I should think had been caused by the wing of the motor.
JULIUS BERNSTEIN , pathologist, West London Hospital. On April 18 I made a post-mortem examination of the body. There were injuries to the bones of the chest and some ribs and the right collarbone were broken. There was a wound on the left forehead, bruising of the face and chest, and ruptures of both lungs and spleen, which was torn in two places.
Cross-examined. There was no bruising on the back. If the boy had turned partly round it would account for the injuries; the blow on the forehead would knock him down.
Detective-sergeant WALTER HAMBRUCK. At 11 a.m. on April 17 I went to Uxbridge Road and found a quantity of blood spots on the kerb and also in the centre of the tram track. On the 19th I went to the F.I.A.T. Motor Garage and saw a taxicab there 4B. 3,538. I found that the wing was slightly bent and sprung. I examined the coster's barrow and found no marks of recent damage. I was with Inspector Barrett when he made a series of tests with the same taxicab and the same coster's barrow. I could see it on the tram track a furlong before we reached it; we were able to see an obstacle on the track. As we got past the lamp, 62 1/2 yards from the barrow, we could see the man in the shafts quite distinctly. The distance from 290, Fulham Road to the blood spots is 8 2-5 miles.
Mr. Justice A. T. Lawrence stated that in his opinion there was not sufficient evidence of criminal negligence to justify the case being left to the jury.
Verdict, Not guilty, the jury adding, "We think there was grave carelessness."
BEFORE THE RECORDER.
(Saturday, April 30.)
CONNOR, William (35, clerk), and LYONS, Albert Ernest (32, job-buyer) , both feloniously receiving a quantity of rubber bandings, the goods of Charles Gambling, well knowing the same to have been stolen.
Mr. Temple Martin and Mr. Edgerton Warburton prosecuted; Mr. H. D. Roome defended Lyons.
CHARLES GAMBLING , banding maker. Connor was in my employ and left on February 19. He called to see me on March 8 between 6.15 and 6.30 p.m. While he was with me my men came and told me that some of the banding had gone from the stock room. I went there and found that between £20 and £30 worth had disappeared. I was in the stock room at six o'clock and everything was right then. This bundle of banding now produced I identify as my property. I told Connor at the time that the banding had been stolen, and I went to the station to inform the police.
Cross-examined by Mr. Roome. Lyons was not there. I do not know him. I know this banding is my property because I cut it myself and recognise my work.
ALFRED COUSINS , cabinet maker, Duval Street, Brick Lane. I know both prisoners. On April 11 Connor came to my shop and asked me if I would buy some banding. I told him it was no use to me. He asked me if I could recommend a customer, and I told him to go and see Mr. Lyons, who bought job-lines. He returned the same evening with Lyons and said he had found a customer. Lyons asked me if I knew Connor and I said, "Yes, I have known him many years," and Lyons said, "Then if it is all square I think I can find a customer for it." They returned later and said they had found a customer and asked me to meet them next day at the "Queen's Head" public-house at two o'clock to witness the transaction. I met them next day and Lyons said that the most he could get for the goods was £5, and after a lot of persuasion Connor accepted £5 from Lyons. I saw the money and saw Connor put it in his pocket. Lyons gave me 5s. for my trouble.
JOHN SYMONS , cabinet maker, 69, Virginia Road, Bethnal Green. I am a tenant of Lyons. He occupies the front part of the premises and I occupy a workshop at the back. On March 11 Lyons showed me some bandings and I bought them next day for £14 19s., less 2 1/2 per cent—a fair price. £5 would be quite below the price. I got a receipt from Lyons for the money. When the police came to my shop several weeks after I gave the bandings and the receipt to them.
banding and know nothing about it, and the whole story, as far as I am concerned, is untrue.
Verdict, Lyons, Not guilty; Connor, Guilty of feloniously receiving. Connor was then indicted for on January 6, 1910, feloniously drawing, making and signing, without lawful authority or excuse, and uttering the same well knowing it to have been so feloniously drawn, made and signed, a request for the delivery of goods, with intent to defraud; on January 17, 1910, feloniously drawing, making and signing, without lawful authority or excuse, and uttering the same well knowing it to have been so feloniously drawn, made and signed, a request for the delivery of goods, with intent to defraud, and on February 21, 1910, feloniously drawing, making and signing, without lawful authority or excuse, and uttering the same well knowing it to have been so feloniously drawn, made and signed, a request for the delivery of goods, with intent to defraud.
Prisoner applied for fresh jury to try these indictments. This was granted and the trial was postponed till next Sessions.
BEFORE THE COMMON SERJEANT.
(Saturday, April 30.)
Mr. Robert Wilkinson prosecuted; Mr. L. S. Green defended.
Prisoner was tried for possessing the mould.
Detective CHARLES HENRY PITTS, New Scotland Yard. On April 5 at 5.15 p.m. I saw prisoner in Aldgate; he entered 3, Philpot Street, came out with a woman, who was afterwards arrested and discharged by the magistrate. They entered 10, Planet Street, came out and returned to 3, Philpot Street. On April 6, at 12.45 p.m., I again saw prisoner enter 3, Philpot Street, come out and go to 10, Planet Street. He came out almost immediately and proceeded westwards up Commercial Street, where he met the same woman; they had a short conversation, and presently returned to 3, Philpot Street. At about 4.30 p.m., with Sergeant Goodwillie, I entered 3, Philpot Street and went to the back room on the top floor. We knocked at the door and got no answer, and hearing somebody moving inside we burst open the door. Prisoner was standing in the room. In the fire place I found mould for making five coins. (Produced.) The mould was wet, having just been made, and has since been broken owing to its soft condition. I then searched the prisoner. He struggled violently. In his hand he had four Belgian two-franc pieces. The woman was there and was arrested. They were both taken to the station. I returned to 3, Philpot Street and made a further search. On the shelf in the room I found five half-crowns, five 2s. pieces, on the table 18 florins and two shillings, and in the room a quantity
of grain tin, antimony, three pieces of glass, marked with plaster of Paris, silver sand, a quantity of wooden mould frames, bottle of methylated spirit, some cyanide of potassium, bottle of calcium carbide, seven plating trays, two spoons, a ladle, a crucible, a quantity of zinc, five files, pair of sheers, saucer of plaster of Paris, coil of iron wire, two pieces of copper wire, and a copper electro-type block. In the cupboard was a bottle of nitric acid, a Yiddish book, and a Penny Bank deposit book.
Cross-examined. On April 5 prisoner was carrying a brown paper parcel about 6 in. square. There were about six silk shawls in the room. I could not say if there were silk or cotton garments there. Sergeant Goodwillie had been to the room about three weeks before and had interviewed the prisoner.
Sergeant DAVID GOODWILLLIE, New Scotland Yard. I accompanied the last witness. I took from prisoner's hand four two-franc Belgian pieces; from his trouser pocket a purse containing seven florins, some of which are good; 18 half-crowns, two of which are good and are the pattern pieces of the others; 33s. in silver and 10 1/4 d. in bronze good money; and seven foreign antique coins.
Cross-examined. Prisoner mentioned the word "Cab" several times and he was taken to the station in a cab. I saw him two or three weeks before the arrest. I did not tell him who I was.
(Monday, May 2.)
Police-constable EDWARD WATERS, 298 N. I speak Yiddish and interpreted the charge to the prisoner on April 6; he made no reply.
WILLIAM SMITH , assistant assayer, H. M. Mint. Four Belgian twofranc pieces (produced) are good, the legend on three being in Flemish and on one in French; the mould bears the obverse impressions of the four two-franc pieces (produced) and the impression of a halfpenny; the purse contains one counterfeit florin, six genuine florins, two genuine half-crowns, and four good shillings; there is a bad florin apparently cast from a mould made from one of the good florins; there are also five bad florins, three made from one bad florin in the purse and two from another; there are also 18 unfinished counterfeit florins, six of 1908 made from one of the coins in the purse, four from another, and eight not identified; two counterfeit shillings made from two of the shillings in the purse. The other articles found are used by coiners. Four only of the florins have been plated by immersion, the others are unfinished; the shillings have been plated. All the coins have been cast in a mould—not struck.
Prisoner was stated to have been known to the police as a maker of foreign coin in a large way, large quantities of counterfeit coin having been traced to him.
Sentence, Five years' penal servitude; recommended for expulsion under the Aliens' Act.
BEFORE THE RECORDER.
(Monday, May 2.)
EDGAR, Charles (34, agent) , obtaining by false pretences from Edwin Cannes a postal order for 2s. 6d.; From Percy Bernard Leo a postal order for 3s. 6d.; from John Thomas Ireson, a postal order for 3s. 6d.; from John Davidge a postal order for 3s. 6d.; from Reginald Weller a postal order for 3s. 6d.; from Florence Rosetta Smith a postal order for 3s. 6d.; from Leonard Hugh Barnacle a postal order for 3s. 6d., and from Walter Charles Friend a postal order for 3s. 6d., in each case with intent to defraud; Second count, incurring debts to and liabilities to these same persons by means of false pretences and by means of fraud other than false pretences (Debtors Act, 1869, 32 and 33 Vict. c. 62, s. 13).
Mr. Bodkin, Mr. Graham-Campbell, and Mr. Montagu Shearman (jun.), prosecuted; Mr. Forrest Fulton, Mr. S. P. J. Merlin and Mr. G. Rentoul defended.
WILLIAM BIRCH , wood-carver, 57, Castle Street, E. In April last year I let prisoner one room at 82, Wells Street, where I then lived, which he occupied till July, when he took another room above, paying £1 a week for both. I know him as "The Stylo Supply." Subsequently the houses were coming down there, and prisoner and I took three rooms for business purposes at 53, Mortimer Street, Oxford Street; he had the use of two. He paid £1 a week, which I paid to the landlord; I lived rent free under that arrangement. We stayed there eight weeks.
Cross-examined. He always paid me the rent.
EDWIN CANNES , clerk. In July last year I was out of employment when I saw an advertisement similar to this (Exhibit 10) in the "Leicester Daily Post." "Persons capable addressing envelopes (at home) wanted. Post stamped address. Supply Co., 82, Wells Street, London." I answered it and received this letter from the Stylo Supply Company, dated July 5, (Exhibit 11): "We are in receipt of your reply to our advertisement, and we shall be obliged if you will fill up the attached form and return it to us as early as possible, when we will immediately dispatch to you samples of lists, names and addresses, envelopes, and full particulars. (The lists of names and addresses or copies of the same must not be sold or given to any other addressing firms.) In order to prevent persons from obtaining our lists, etc., out of mere curiosity, and also as an advertisement, the preference will be given only to those buying a sample of our pens.
The payment will be 7s. 6d. for every 1,000 addressed envelopss." Attached to it by a perforated division was this agreement: "I hereby agree to address envelopes from your lists according to your instructions, undertaking that they will be neatly and plainly written, and dispatched to you clean and undamaged for the price of 7s. 6d. per 1,000. I shall also thank you to send me one of your 'Stylo' goldcased nib fountain pens, for which I enclose P. O. value 2s. 6d. and 1d. stamp for postage." I wrote at the back of Exhibit 11 a copy of the agreement, and then sent 2s. 6d. for the Stylo pen with the agreement signed. I underlined the word "address." I understood from the advertisement that it was the Stylo Company who were to supply the envelopes. I then got the letter (Exhibit 12) dated July 12 from the Stylo Supply Company, thanking me for the postal order for the pen and enclosing a list of one thousand names and addresses (Exhibit 13) and a sample envelope. The letter goes on: "As per our form which you filled in, we should be pleased to receive from you the addressed envelopes (carriage paid) and pay for them 7s. 6d. per 1,000. The envelopes must be exactly as per specimen sample enclosed, obtainable from most stationers at 5s. per 1,000. I wrote them on July 13 (Exhibit 13) saying that this was the first intimation I had had that the envelopes were to be supplied by me, and that I was not prepared to do so, the concluding sentence being: "The pen would not have been ordered had the facts been made clear before ordering that the price offered for addressing included also the cost of the envelopes." After deducting the cost of the envelopes, 5s., and cost of carriage the work would be unremunerative. On July 10 I received this letter (Exhibit 15): "Thanking you for yours, we beg to state that if you are unable to comply with our conditions, we shall be pleased to refund your remittance on returning our samples, providing the pen has not been used." I returned the pen unused, and I got my money back at the end of July or the beginning of August. In the meantime I had communicated with the Public Prosecutor.
Cross-examined. I wrote to the Public Prosecutor that I had received my 2s. 6d. back on the day I received it, which was it may be two or three days after I had returned the pen. I told the company that unless I received the money back by a certain time I should do so, and I did not receive the money in the time. This was my first experience of addressing envelopes and the first advertisement I had seen. I have no idea as to the standard rate paid; I should doubt it if I am told 3s. per thousand. I took the sentence, "We will immediately despatch to you samples of lists and names and addresses, envelopes and full particulars," to mean that they were going to send sample of envelope to show the style of writing. With the exception of a penny or two that I spent on postage that is all I am 'out of pocket. To the best of my belief I did not receive with the pen this document printed in red (Exhibit 16) saying "Money will be refunded in full without deductions of any kind (on returning our goods) in case of not being able to entertain our employment."
the end of August last year Birch called on me there and engaged three rooms on the ground floor at £1 a week. He entered into occupation on September 11 and paid the rent. He never occupied them himself; he sublet them to prisoner, who was there for five weeks. I had a complaint made to me and I gave him notice.
PERCY BERNARD , police-constable, L. B. & S. C. Railway. In "Reynolds's" newspaper of October 10 last year I saw this advertisement:" £1 weekly. Addressing envelopes (work at home). Particulars, addressed envelope, Supply Company, Mortimer Street, London." I answered it and on October 16 I received this letter (Exhibit 20), similar to Exhibit U, and attached to it was a form of agreement (Exhibit 21) similar to that attached to Exhibit 11. I filled it and sent it on October 18 to the Stylo Supply Company with a P.O. for 3s. 6d. and a penny stamp. I did not want the pen; I only sent the 3s. 6d. to obtain the work. I thought they were going to supply the envelopes. 1 received the pen on October 26. I had been on October 22 to the company's offices, but could not get any reply. There was a plate on the door saying that they were only to be seen between 8.30 and 9.30 a.m.; I went there at 3 p.m. I communicated with the police on the same day. I sold the pen for a shilling.
Cross-examined. I had no communication with the police before I answered the advertisement. This memorandum as to the dates was made at the time. I never tried to write with the pen. I got this printed notice similar to Exhibit-16, saying the money would be refunded if I did not entertain the employment with the first letter. I had nowhere to send the pen back to as the office was empty. If I thought they would have been there in the morning I should have taken it myself. I did not think it worth while to withdraw my complaint after I received the pen. I got the list of names and addresses with the pen.
BENJAMIN WHITWORTH HURD , of Whitworth Hurd, Limited, advertising agents, Southampton Row. In November, 1909, we received an order signed "The Stylo Supply Company" for advertisements similar to Exhibit 10 to be inserted in 15 different newspapers, enclosing £3 10s. in payment. I went to 14, Waterloo Place and asked the prisoner whether the home employment offered was genuine, the order having been accepted in my absence. He told me that these people were actually employed in addressing envelopes and that it was quite all right and he showed me the circulars he sent out. I cannot swear whether I ever said anything about the price he offered to pay for addressing. I saw him again on two or three subsequent occasions. The first advertisement was duly inserted and then complaints came in from the newspapers, after which I declined to act any further and wrote this letter to him of January 31 telling him of the complaints we had received and stating that if the objectionable features were removed from the advertisements we were prepared to continue doing business with him.
Cross-examined. He told me that the addressed envelopes, were required for a betting agency abroad with which he was connected. He showed me a list of names and addresses, but I did not notice
whether they were nearly all those of publicans. I should think 5s. a thousand would be a fair price for addressing; 10s. 6d. is very liberal; I should say 3s. or 3s. 6d. was very little.
HENRY GEORGE BOYD , medical electrician, 6, Palace Mansions Gardens, Kensington. In September, 1909, I rented 14, Waterloo Place. On October 16 prisoner rented and went into occupation of three rooms there at a rent of £6 10s. a month.
Cross-examined. They were fairly good-sized rooms. He remained there till February 26 last. To the Judge. He paid by cheque a month's rent in advance, but it was returned. He did not pay any rent.
WALTER RICHARD ROUTLEY , clerk, Robins, Gore and Mercer, auctioneers, 205, Wardour Street, W. Prisoner on November 1, 1909, took the first floor front room of 2, Kingly Street at a rent of £7 10s. a quarter, payable quarterly in advance, which he paid. He wrote asking to remain on for a further 3 months and he had been in possession not quite six months when he was arrested.
EMMA STONE , caretaker, 2, Kingly Street, Regent Street. Prisoner had a room on the first floor at the end of October. The name-plate on the door was "The Stylo Supply Company." About a thousand letters came a day. At first the office hours were from 9.30 a.m. to 12 a.m., but they were altered about six times. The clerk used to come there in the morning to get the letters. A lady clerk, Miss McLean, was supposed to be there from 9 a.m. to 12 a.m. and wait for people to call, but she was not there always. I have seen prisoner there about six times.
Cross-examined. Miss McLean used to go in and out all the morning. After she went Miss Phillips took her duties.
FLORENCE ROSETTA SMITH , milliner's model, 295, City Road, Islington. At the end of January I saw an advertisement in a Rochester paper offering 30s. a week to persons capable of addressing envelopes; the work was to be done at home and a stamped addressed envelope was to be sent to 2, Kingly Street. I wrote there and received a letter similar to this one (Exhibit 11) but offering 10s. 6d. per 1,000. Attached to it was a form: "I am willing to address envelopes for you on the terms stated above, undertaking that they will be neat and plainly written, and dispatched to you clean and undamaged, payment to be made immediately you receive them. "I came to the conclusion from the letter that it was I who had to supply the envelopes, and on February. 4 I wrote sending a P. O. for 3s. 6d., but I omitted to enclose the stamp. In about three days' time I received a pen with a printed red notice similar to this (Exhibit 16) offering to return money if employment was not entertained. At the end of the week I got a sample envelope and list of names and addresses similar to this (Exhibit 55). I had to come to London from Chatham to try and match the envelope, and in the end they had to be made, a thousand costing 6s. I addressed them and sent them on February 28 to the company with this letter (Exhibit 60), "I have sent herewith 1,000 envelopes as per sample, have had some difficulty in getting them,
being out of stock, hence the delay. I received the pen safely, and have already shown it to several of my friends. Am staying in London for some time, and should be pleased to have some more addressing." I never received payment for them, and on March 16 I wrote asking whether they had received them. I never received any reply.
Cross-examined. I had no idea that prisoner had moved from his offices at Waterloo Place almost immediately after February 28. I have had no previous experience of addressing envelopes. I knew that I should not make 10s. 6d. profit on the first batch. I came to the conclusion that it was a 15-carat gold nib, but it did not write. I should have considered 4s. a 1,000 satisfactory profit.
JOHN THOMAS IRESON , labourer, 55, Wellington Street, Peterborough. In January this year I saw an advertisement in the "Peterborough Advertiser "saying 30s. a week could be earned by people capable of addressing envelopes at home. I was out of work and answered it. I got a reply similar to Exhibit 29 and attached to it was a form similar to Exhibit 21, which I filled up and sent with a 3s. 6d. P. O. to the Stylo Supply Company, Kingly Street, on February 9. As regards who was to supply the envelopes, the letter (Exhibit 29) did not influence me one way or the other, because it did not say whether I was to buy them or not. I sent the 3s. 6d. because I wanted the work. Not receiving any reply I wrote on February 18 (Exhibit 30): "You have not sent the envelopes and pen as I sent the postal order for. If not forwarded in a day or two I am coming to see you and bring a gentleman with me. You are getting money by false pretences, and I see you still keep advertising the same. If you don't supply me with the things, I shall expect my money back, as I have got your letter by me." They wrote me a postcard asking for the date that I sent the P.O., the number of it, and full particulars. I wrote giving the particulars, and they replied saying that on my returning the samples and the pen they would refund the 3s. 6d., but as I had not got any pen I could not return it.
Cross-examined. I should have been satisfied if I had only got the pen, but I wanted the work as well. I gathered from their postcard that they were trying to trace my postal order. I had not kept the counterfoil, and I did not know the number, and I wrote and told them that. I am sure I sent it to the right address. I never received a postcard similar to Exhibit 87 saying that they could not trace it, and asking me to inquire of the Postmaster-General. I never tried to trace the P. O.
REGINALD WELLER , errand, boy, South Benfleet. Early this year I was looking out for employment when I saw an advertisement in the "Southend Standard" (Exhibit 47) saying that 30s. could be earned weekly by addressing envelopes at home for the Supply Company. I wrote and got a reply (Exhibit 48) similar to Exhibit 11, with a form to fill up (Exhibit 50) similar to Exhibit 21. I filled it up and sent it on February 10, with a P. O. for 3s. 6d., the counterfoil of which I kept (Exhibit 51). I sent the P.O. so that I should obtain the work, and I thought
the company were going to supply the envelopes. They wrote on February 14 saying they had despatched the pen, and enclosing list of names and addresses, together with a sample envelope, which they said could be obtained from 7s. a thousand and that they must be identical in colour and thickness, as none other would be accepted (Exhibit 52). Not having had the pen, I wrote three times to the company, but I never got it. In the form I filled up, "I am willing to address envelopes for you on the terms stated above," made me think that I was only to address envelopes and not to supply them.
Cross-examined. I addressed my letters to "Stylo Supply Company, Kingly Street, London."
WALTER CHARLES FRIEND , ironmonger's assistant. At the beginning of this year I saw an advertisement in the "Leeds Mercury "saying that 30s. could be earned by addressing envelopes at home. Being out of work I replied to it and received an answer similar to Exhibit 48, offering 10s. 6d. per thousand. I filled up the form attached, similar to Exhibit 21, and sent it with a 3s. 6d. P. O. and a penny stamp. I wanted the work, and as I had no money my mother gave it to me. I understood the Stylo Company were supplying the envelopes. I got a reply similar to Exhibit 52, and with it a pen. I had to have 1,000 envelopes especially made for me, for which I still owe 7s. I addressed them and sent them to the company's offices at Kingly Street. My outlay now had been 11s. 2d. I asked for further work and said that I was pleased with the pen and that it was equal to a 25s. "Swan." The parcel was returned to me marked, "No one to receive." I took the parcel myself from Barking and put it outside the door, which was shut, of the inner office at Kingly Street. I went back again on the same day and found it had gone. This was about 10 or 14 days after I had sent the agreement signed. On March 10 I received this letter (Exhibit 76): "Thanking you for yours to hand. We regret the envelopes are not the same as per specimen sent you and which is the only kind we require. We sent a specimen to avoid, if possible, any such mistakes occurring, and think if you were unable to supply them you might have informed us of the fact. We are unable to make any use of them whatever and regret therefore that we are compelled to return them to you." Then there is a P.S.: "Should you be unable to comply with the terms of our agreement, we shall be pleased to refund your remittance on return of our sample." It seems to be typewritten. On March 18 I wrote, "Contents of your letter noted with much surprise. In reply, I beg to inform you that envelopes are exactly as sample. Are you aware that you forwarded two envelopes as samples? One I have kept and one I have returned to you." I threatened them with proceedings. I copied this on the back of their letter, Exhibit 76. I found written across my letter in red ink: "Got to be paid." So far as I can tell my envelopes are superior to their sample. I should not have sent the P.O. had I known I had to supply the envelopes myself.
Cross-examined. I found the pen wrote well. I had no previous experience of addressing envelopes; I found I could earn 30s. a week at the rate of 10s. 6d. a thousand. I was prepared to go on doing the work buying the envelopes myself. As far as I know I got good value for my 3s. 6d.
LEONARD HUGH BARNACLE , clerk, Dunmow, Essex. In February I saw an advertisement in the "Essex Daily News" saying that 30s. could be earned addressing envelopes at home. I replied to it and received an answer (Exhibit 64) similar to Exhibit 48. I wrote them asking if the work was permanent and they wrote me that it was (Exhibit 69). I then filled up the form and sent it with 3s. 6d. in order to get the evening employment. A pen was sent to me, together with a notice (Exhibit 41) as follows: "To one sample pen (at 60s. dozen) (fitted with 14 ct. gold nib, iridium pointed). Full particulars will be sent shortly." I had a sample envelope sent to me with a list of names and addresses. In accordance with the red printed notice that had been sent to me with the first letter that money would be returned if employment was not entertained, I wrote saying that I was unable to comply with their terms and asking the return of my remittance. I have never got my money back.
Cross-examined. I sent the pen and the list of names and addresses back in one enclosure, but I did not put my name and address in. Upon the file called "Returned unknown" there was found the original wrapper marked in that way. A letter with my name and address was sent with the same post and I should think they could compare the two handwritings and see from whom the parcel came. There might be a little difficulty about it.
Re-examined. I posted the parcel and the letter from the same office and the addresses were both in my handwriting.
JOHN DAVIDGE , engineer, 23, Arundel Square, Highbury. In February, being anxious to get employment, I answered an advertisement in the "Daily Express," which was as follows (Exhibit 34): "Envelope addressers (male and female) required. Apply by letter only, enclosing addressed envelopes. No callers. Glynn Brothers, Advertising Contractors, 12, Theobalds Road, London," and I received in reply this letter (Exhibit 35) from Glynn Brothers, enclosing full particulars, and later a letter from the Stylo Supply Company similar to Exhibit 48. I filled in the form enclosed and sent 3s. 6d. in order to get the employment; I already had a stylo pen. I understood I had to buy the pen in order to show my good faith. I received the pen together with the red printed notice that the money would be refunded and as to pens being 60s. a dozen. I wrote them on February 25 (Exhibit 43), stating that the object of my application was to obtain employment and asking for 5,000 envelopes to address. I thought they supplied the envelopes. Not hearing from them for several days, I thought the thing was a swindle and communicated with Scotland Yard, sending them the pen. Subsequently I received a letter similar to Exhibit 12, enclosing sample envelope and list of names and addresses. After paying for the envelopes, the fountain pen and post-age,
I found I should be out of pocket by about 9d. supposing I had to pay 7s. a thousand for the envelopes.
Cross-examined. I did not want the fountain pen and I did not use it. I saw 10s. 6d. was a good price and I thought I could make a little bit. I thought it was the general practice that they should supply the envelopes; the whole tenor of the advertisement and the correspondence led me to believe that. I thought they were going to send a sample of the work as it should be done, together with the actual list of addresses.
C. SCHULTZ, manager, Fountain Pen Manufacturing Company, 12, Paternoster Row, E. C. In June, 1909, we supplied prisoner with 576 pens at the rate of 4 1/2 d. each. We continued for nine months supplying pens at higher prices, varying from 12s. to 14s. a dozen. The total quantity we supplied was 16,416 pens. This is one of our pens at 1s. 2d. each (Mr. Davidge's pen produced).
Cross-examined. In some cases these pens are sold retail for 5s. The fair average retail price is 3s. 6d. It is a serviceable article and with care should last five to six years. I would go so far as to say it was equal to a Swan 25s. pen. He was a fairly good customer and we let him have pens at the lowest wholesale price. 2s. 6d. is a fair price for a stylo. My observations apply in the same way to the stylo as they do to the fountain pen.
LEONARD GEORGE TIDMARSH . In October, 1909, I was in the employ of some solicitors, when I saw an advertisement in the "Daily Telegraph," and I went to 14, Waterloo Place, where I saw prisoner. He employed me at £1 a week. I started work next day, October 29 or 30. My duties were to open the letters, returning pens, of which about 40 came in a day. About the end of November prisoner sent me to 2, Kingly Street every morning to fetch the letters. The name on the door was "The Stylo Supply Company," and just over the letter box it had "All communications to be put into the letter-box." At first the hours there were from 9.30 a.m. till 10.30 a.m. There was a table, a desk, and several parcels in the office, and a bag attached to the letter-box. About 500 letters a day came at first, but they increased to 700 a day through December, and towards the end of January there were 1,000. I took them back to Waterloo Place. Towards the end of January prisoner, in consequence of the London papers not accepting his advertisements, asked me to see whether I could find an office. I took an office at 12, Theobald's Road in the name of "Glynn Brothers," as he wished me to do so. About the middle of February I told him it was throwing a lot of responsibility on my shoulders, as I was personally liable for the rent of 25s. a month, and he gave me an indemnity of which this is an exact copy (Exhibit 78). Several times prisoner told me not to let callers know of his whereabouts, that they were to write to him, and if they happened to notice him in there I was to say he was a clerk. I did this. He told me to tell them I was the managing clerk, but I told him I would not take that responsibility.
He would go into his private office when they came so that he should not be seen. The only furniture at Theobald's Road was a medium-sized bag.
(Tuesday, May 3.)
LEONARD GEORGE TIDMARSH , recalled. Further examined. Exhibit 79 is a book in which prisoner himself used to enter the number of letters received each day and the number of the postal orders; Miss Bloomfield entering the amounts. It covers a period from April 3, 1909, to March 19, 1910. The letters returning pens were, opened by me and I handed the letters to Miss Bloomfield to enter in the Refund Books (Exhibits 80, 81, and 82). About 40 parcels, of addressed envelopes were sent to Kingly Street every day. From the first week in March my instructions were to pick out two or three every week and return the rest as of inferior quality together with a printed letter similar to Exhibit 76 to that effect. The two or three that were retained were put behind the screen at Kingly Street, and as far as I know no use was made of them. I never saw them sent abroad. At the time of prisoner's arrest 50 or 60 bundles were there. The money that was refunded for pens came from postal orders that were received that same day. Exhibit 54 is one of the sample envelopes and Exhibit 74 is one of those sent by Friend which were rejected by me; I should say Friend's is the better. The pens that were returned used I cleaned and sent to fresh applicants. I was present at a conversation between Turner, the manager of the Lyric Printing Company, who used to supply the sample envelopes, and prisoner, and either he or prisoner said that these envelopes could not be got at any other stationers or printers. There was nothing on our sample envelopes to indicate the firm supplying them.
Cross-examined. I am not suggesting that these envelopes could be obtained from nobody except Turner. My salary was raised by steps to 30s. a week. My wages were paid from the arrest until the remand at the police court. The pen was always despatched on the same day as the application arrived and the agreement was stamped with "P" and the date to indicate that three days after lists and sample envelopes were sent and the agreement was stamped with "L" and the date. Weller's agreement (Exhibit 50) is stamped in that way. Pens were very often returned without any letter and the outside covering was put on the "Unknown file," and when application was made efforts would be made to trace the owner by means of the handwriting and the post mark, but sometimes he could not be traced. Exhibit 71 is Barnacle's wrapper, and is a case where the owner could not be traced; the address on the wrapper is in a sort of printing, quite different to the letter. Only about one-third of the persons who received pens appeared to be dissatisfied with them. Miss Bloomfield dealt with all the correspondence. Once it was mentioned to me that the addressed envelopes were to be sent to Ostend for bookmakers there. On January 28 Miss Phillips, who stayed from 9 to 12 a.m. at Kingly Street, succeeded Miss McLean,
who used to stay from 9.30 to 10.30 a.m.; they were supposed to be there during those hours if they were not. There was no complaint about Miss Phillips, but Miss McLean was sometimes absent, I am told On March 5 the office was removed from Waterloo Place to Seaton Mansions. For a week or two at the end of February affairs were at a standstill in consequence. Kingly Street was still kept on, however, and applications were to be sent there. I used to write cheques and enter them. Glynn Brothers purported to act as agents for the insertion of advertisements of the Stylo Company, and it is the practice for such agents to receive commission. I do not know whether Glynn Brothers received any from the Stylo Company, they were the same people. The result was that the company had their advertisements inserted at a cheaper rate. About the middle of February I came to the conclusion, judging from the complaints received, that the business was a fraudulent one; I began to open my eyes then. It was in the first week in March when I began to go to Kingly Street to answer complaints from 12.30 to 1.30. I considered it a fraudulent business. I continued to go on doing the same work for the prisoner in his business till his arrest, but I was looking out for a fresh situation in the meantime. I suppose I received wages from him until April 16. While I was there prisoner discharged a lady clerk for misappropriating postal orders.
Re-examined. I do not know the amount she misappropriated; it was never entered in the books. There were great numbers of lists of names and addresses all the same in the office. I examined all the bundles of envelopes that came in and those that were nearest to the sample were to be paid for. He had that done, prisoner said, to shield himself. There would be perhaps two or three very like on the Monday and then the rest would be returned all the week. I never selected more than three a week. I never asked him why this was done. In Miss Smith's case the envelope is a rather deeper colour than the sample and it was rejected. If she sent it on February 4, Miss Phillips would be the responsible person, as I did not start doing it till the first week in March. The office at Theobald's Road was taken on February 5, and that is the date when the copy of the indemnity was made. It did not strike me as curious at the time that his advertisements would not be accepted; he told me that it would mean a cheaper rate for advertisements. I do not know anything about what transpired with Hurd.
ALFRED EBENEZER SMITHERS , printer and stationer, 112, Newington Butts, S. E. I do not recognise prisoner. In May, 1909, a man called and asked the price for printing a thousand copies of a thousand names and addresses. I booked up an order as from "The Stylo Supply Company, 82, Wells Street" for l,000 copies and supplied them. On July 5 I supplied a further 2,000, costing in all £4 2s. That is what I printed (Exhibit 13). I believe they are all names of licensed victuallers; it was a list of names torn from a book, and I had to leave out everything except the name and address, leaving out the names of the public-houses.
EMMA PARIS . I manage at present my brother's printing business at 57, Craig Street, Soho. In September, 1909, I had an order to print 5,000 of these lists of names and addresses from the Stylo Company. I do not recognise prisoner. In Soho this year we received an order for a further 11,000. We also got an order which we executed but did deliver, for 40,000 of these red slips similar to Exhibit 26.
FREDERICK MARSHALL TURNER , manager, Lyric Printing Company, 17, Glenfield Road, Balham. I know prisoner. We printed nearly all his circulars for him. We had in hand at the time of the prosecution an order for 40,000 of these agreement forms. We sold ordinary business envelopes to him at 7s. a 1,000. This is one of our envelopes (Exhibit 54), and I should say, comparing it was Exhibit 59, ours was the better, but for all practical purposes they are the same. Sometimes the colour of the envelopes we supplied varied somewhat. We have supplied 16,500 to him. He said that he wanted to send them out singly as samples. I do not see that there would be any difficulty in getting practically identical envelopes at any stationer for 7s. a 1,000. There is nothing upon our envelopes to indicate the source from which they came. We get them from Spicer and Sons, who also supply all sorts of wholesale people.
Cross-examined. It is decidedly not the fact that prisoner and I agreed that I should supply a special envelope that could not be obtained elsewhere.
Inspector JOSEPH SIMMONS, D Division. On August 18 last year I went to 12, Wells Street, where I saw prisoner. I told him that in consequence of numerous complaints from various parts of the country and reports that had been made to the Treasury I was directed by the Director of Public Prosecutions to caution him as to his methods of business and to tell him that he was breaking the law. He said, "I have no wish to break the law." On March 23 this year I was at Tottenham Court Road Police Station when prisoner was brought there by other officers. I read the warrant to him, and he said, "Very well." When formally charged he said, "I have not obtained money by fraud. Goods to the value of their money were sent. I have had counsel's advice on it." I found three postal orders for 3s. 6d. each upon him, and he said he had received those from various people that day. A bunch of keys was also found on him, and I asked him which was the key of his office, and he said, "I have no key of my office. My clerk, Tidmarsh, collects the letters at 2, Kingly Street, and brings them on to the office at Seaton Mansions, Shaftesbury Avenue. A lady clerk sends them out." On March 24 I went to 2, Kingly Street, and with Tidmarsh made a search and took possession of a number of things, amongst them being 149 parcels of 1,000 addressed envelopes marked to be returned to the senders. Since prisoner's arrest 55 more parcels had come to that address. I went on the same day to 12, Theobald's Road, and between the arrest and April 16 we have have taken possession of about 750 letters, and in the same time 5,619 letters at Kingly Street, 356 of which contained 3s. 6d. postal orders and 16 2s. 6d. postal orders.
Cross-examined. When I cautioned him he offered to explain everything I wished; and I said I did not want any.
Re-examined. My instructions were merely to caution him and not to discuss the matter.
Sergeant THOMAS DAVIS, D Division. On March 24 I went to prisoner's office at Seaton Mansions, and amongst other things found this book (Exhibit 79). It shows that between April 3, 1909, and March 19 of this year the number of letters received was 131, 141, 20,362 of them containing postal orders for either 3s. 6d. or 2s. 6d., representing the total value of £3,428 18s. I also found the three Refund Books (Exhibits 80, 81, and 82), which showed that between May 19, 1909, and March 23 of this year the amount refunded was £710 4s. 6d. Books (Exhibits 83 and 84) represent payments for addressed envelopes. Exhibit 83 shows that from May 19 to October 22, 1909, the total amount was £22 2s. 9d., and Exhibit 84 between January 25 and March 5 of this year £8 13s. 6d. I found a pass-book and 10 bundles of printed lists of names and addresses, 1,000 loose sheets unpacked, and 500 folded up ready for posting. They all bore the same names. I found 800 postcards similar to Exhibit 86 in imitation typewriting, and 900 postcards similar to Exhibit 87, and 375 postcards similar to Exhibit 88, 92 postcards similar to Exhibit 89, and 1,100 similar to Exhibit 90. I also found several of the exhibits which have been produced.
Verdict, Guilty on all counts.
Prisoner confessed to a previous conviction.
(Wednesday, May 4.)
Convictions proved: May 13, 1901, at this Court, three years' penal servitude for stealing bicycles, after 10 previous convictions between 1891 to 1901. Prisoner was said to have been at work since his release in 1904.
Sentence, 18 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Monday, May 2.)
DEW, George , unlawfully keeping and using a certain house and office for the purpose of money and valuable things being received by and on his behalf, he being such keeper of and person using the said house and office as and for the consideration for undertakings and promises to pay money and valuable things on events and contingencies of and relating to certain games, sports, and exercises; unlawfully keeping and maintaining a common gaming house.
Mr. Muir, Mr. Leycester, and Mr. Stanley Crawford prosecuted; Mr. C. F. Gill, K. C., and Mr. Walter Frampton defended.
WILLIAM DYKE WILKINSON , managing clerk to Irvine and Co., Limited, 19, Buckingham Street, Strand, envelope addressers. On February 4 prisoner came to my firm's office in the name of Martin and asked me if we could undertake to enclose and post about 40,000 circulars in addressed envelopes. I referred him to Mr. Irvine. I said, "I hope this is quite legal business." Prisoner said, "There is no danger about that," and he offered to place a sum of money in our hands—I think £50—to indemnify us against risk. I afterwards saw our solicitor, and communicated with the police at Scotland Yard.
Cross-examined. I saw the case of Topping and Spindler in the papers and made inquiries. It is quite ordinary work for us to do to fold and issue circulars.
IVAN IRVINE , works manager, Irvine and Co., Limited. On February 5 the last witness introduced prisoner to me as Mr. Martin. Prisoner showed me circulars (produced) and asked if we could fold and post them. I asked him if we were allowed to do this sort of work—if it was right for us to do it. Prisoner said it was perfectly legal, there was nothing in the nature of a coupon about it; it was an ordinary betting circular, and that, if we had any doubt about it, he was prepared to indemnify us against any risk we might suffer to the extent of £50. I arranged to do the work at the rate of 6s. per thousand—he was to send addressed envelopes and stamps and we were to insert and post the circulars. They were brought in prisoner's motor-car. The first lot we sent out by February 9, when 13,050 were posted, each containing four circulars in the name of "F. G. Martin." On February 8 we received 1,870 envelopes and circulars in the name of "F. G. Martin," which were dispatched. We also sent out 14,562 in the name of "W. and A. Dew." On February 9 we dispatched 10,360 in the name of "Thomas Alden," each containing four circulars. On February 14 we dispatched 12,603 in the name of "Martin," each containing two or three circulars; on February 15 we despatched 14,995 in the name of Dew, on February 22 12,743 in the name of Martin and 9,684 of Alden's, on February 23 15,212 Dew, each containing four circulars; on February 28 6,926 Martin; March 1 12,148 Dew; March 2 13,142 Martin and 9,600 Alden; on March 9 12,660 Martin; making altogether 159,615 envelopes dispatched between February 7 and March 9, each containing four or more circulars. They were sent to various parts of England and Scotland. Some were brought in prisoner's motor-car and others delivered by messengers. There were about six men who came. Occasionally the men would come into the workroom, watch the men putting the circulars into the envelopes, and see that the right circulars were being put in. The stamps were brought in £50 worth at a time. Prisoner came three or four times. We took the letters to the post office in trucks, or the post office would send a van for them. I have also seen a Mr. Dew other than the prisoner. I only knew the prisoner as Martin; he generally brought the stamps. I was paid by prisoner on February 15 £12 4s. 7d., and on February 24 £8 5s. 11d. in cash in payment of our account for all the circulars. I went to the police
on March 31, and afterwards delivered up a number of the circulars which remained in our possession.
Cross-examined. Prisoner told me these were betting circulars. Something was said as to whether they were the same thing as in the case of Topping and Spindler, whom I have known as betting people. I took the contract to insert, stamp, and post the letters in the ordinary course of business. The control of the work was left entirely to my firm. I saw prisoner three or four times.
SAMUEL YATES HAYDEN , cashier to Irvine and Co., Limited. I received from prisoner on February 15, by cash, £12 4s. 6d.; on February 24 £8 5s. 11d. cash; on February 26 cheque £11 5s. 11d.; on March 3 cash £12 10s. 10d.; and on April 2 cheque £3 15s. 11d., which were credited to F. G. Martin.
Detective SIDNEY BEX, New Scotland Yard. On March 14 I saw prisoner in the street and told him I was a police officer and held a warrant for his arrest for keeping a betting house at 19, Buckingham Street, Strand, in the name of F. G. Martin. He said, "That is quite right." I conveyed him to Bow Street Police Station, where he handed to me 513 postal orders value £295 14s., issued from Kennington Road and Camberwell Post Offices. He said, "These are what you want. I was going to send these over to Flushing." I found upon him a small sum of money, a cheque book, two receipts for printing from Oldfield and Co., and another in the name of another printer dated February 5 and February 17. One is in the name of F. G. Martin, the others are without name. I also found lists of football matches to be played on Saturday, March 19. I read the warrant and charged him; he made no reply.
Detective-Sergeant ALBERT HAYNES. On March 14 I received from Irvine and Co. a number of envelopes, 7,000 circulars in the name of "W. and A. Dew," 2,000 "F. G. Martin," and 2,000 "Thomas Alden," 20,000 coupons "F. G. Martin," 2,000 "W. and A. Dew," and 1,000 "Alden."
ALLEN MACEY , traveller to Oldfield and Co., Dugdale Street, printers. I know prisoner in the name of George Dew. My firm have printed circulars for him from September, 1909, to March 16, 1910, to a number of 84,600 a week. Some were destroyed—roughly speaking, 10,000 a week. The circulars produced are all printed by my firm. I have also received orders from Mr. A. Dew (the brother of the prisoner) and from Alden. The circulars were taken away in prisoner's motor-car. He used to call in to pay and to give orders. I understood from the prisoner the circulars were sent to Holland.
Cross-examined. Prisoner's brother carries on business in the name of Dew; prisoner in the name of Martin; and Alden has a separate business.
Mr. Gill submitted that there was no case for the jury. There was no evidence of conducting the business, or of resorting to the premises. Prisoner had not been shown to be the owner, occupier, manager, or keeper of the premises; and there was no evidence that money or valuable things were received there.
Mackenzie v. Hawke (1902), 2 K. B. D., 216.
Mr. Leycester submitted that there was a user by Irvine and Co. for the prisoner, either as guilty or innocent agents. (Powell v. Kempton Park, 1899, App. Ca. 143; Belton v. Busby (1899), 2 Q. B., 380.)
The Common Serjeant directed the jury that there was evidence that prisoner was using the place as part of the machinery for carrying out a wholesale betting business; and, the facts not being in dispute, directed a verdict of guilty.
Prisoner was stated to have been repeatedly convicted and fined for obstruction from July, 1904, to April, 1908, and to be a well-known bookmaker.
Sentence, Three months' imprisonment.
BEFORE THE COMMON SERJEANT.
(Tuesday, May 3.)
EATON, Frederick C, and BEVAN, Henry , both conspiring together and with Alphonse de Paauw, Edward de Paauw, William Barnes, George Roberts and divers other persons whose names are unknown that they should indemnify the said Henry Bevan and the said Frederick Charles Eaton against any recognisances of bail entered into or to be entered into by them or either of them as sureties or surety for the attendance at Greenwich Police Court on February 4, 1910, of the following persons charged with offences under the Betting Act of 1853, to wit, Alphonse de Paauw, Emilius van den Boogaard, Jacob van de Velde, Markus Moens, Cornelius van de Velde, and Pieter Harnies; Bevan on divers days between January 1 and February 5 last, keeping and using a certain house, office and place situate at No. 28, Childeric Road, New Cross, for the purpose of money and other valuable things being received by and on behalf of the occupier and person having the care and management of the said place as and for the consideration for assurances and undertakings and promises to pay and give thereafter money on events and contingencies relating to certain games of football and as for the consideration of securing the paying and giving by some other persons, to wit, persons passing by the names of William Barnes and George Roberts, of moneys on such events and contingencies as aforesaid, and did unlawfully open, keep and use the said house as a common gaming house and to the common nuisance.
Mr. Muir and Mr. Leycester prosecuted; Mr. Turrell defended Eaton; Mr. H. H. Lawless defended Bevan.
Prisoners were tried on the indictment for conspiracy.
FREDERICK WILLIAM WOODMAN , G. P. Office. I produce original telegram despatched from New Cross Station, SouthEastern and Chatham Railway office: "February 5, 1910, 6.26 p.m. To Prophet, Goes, Holland. All arrested. Bevan." Also telegram sent from London, Brighton and South Coast Railway, New Cross Station P.O., to the same address on the same date at 6.58 p.m.: "Bail refused. Have seen them. Bevan." Also copy telegram received from Goes, Holland, on February 6, at 2.12 p.m., addressed to "Eaton, 16, Ruddigore Road, New Cross, London. Kindly take good solicitor immediately. Letter following. Wire magistrate's decision. Paauw." Original telegram sent from
Deptford Broadway on February 7 at 12.26 p.m.: "Bevan and Eaton bail refused. Send draft to bank £200 immediately for bail; case adjourned for week. Bevan and Eaton. Address of sender, Bevan, 22, Donat's Road."
ALBERT LUCK , telegraph clerk, London Brighton and South Coast Railway Station, New Cross. Telegram of February 5 (produced) was handed in at my office. I know Bevan as sending telegrams to Holland about that date.
Divisional Inspector WILLIAM EUSTACE, L Division. On February 5, at 11.15 a.m., I saw Bevan enter 28, Childeric Road, New Cross, stay there till 11.45, when he left. At 12 noon I entered, took possession of a number of documents, and arrested six Dutchmen whom I found on the premises—Alphonse de Paauw, Emilius van den Boogaard, Jacob van de Velde, Marcus Moens, Cornelius van de Velde, and Pieter Harnies—they were taken to the police station and charged; bail was asked for and refused. I found on the premises a number of football and betting circulars headed "Sporting Prophet, Goes, Holland," with the name of "George Roberts, manager"; and other circulars headed "Football Life, edited by Wm. Barnes, Goes, Holland." The same day I saw Eaton near his house, 28, Childeric Road—he carried on business as a grocer at 16, Ruddigore Road, which is just round the corner. He said of the people who were at 28, Ruddigore Road, "I have been carrying things for them for some time; I had no idea what they were doing, I never thought what the cases contained, they never told me; I thought there was something strange. I came to the conclusion they were conducting some foreign lottery. No one went into the house, Bevan was the only stranger that ever went in." While watching the house I found that Alphonse de Paauw and Boogaard lived at Bevan's house, 22, St. Donat's Road. In 28, Childeric Road I found rent-book (produced) showing that Bevan is the tenant of that house at 22s. a week, commencing November 16, 1908. On Monday, February 7, the six Dutchmen were brought before Mr. Hutton, magistrate at Greenwich Police Court, and remanded for a week. Mr. Moss, solicitor, appeared for them and applied for bail, which was granted, with two sureties in each case except one, in varying amounts, amounting in all to £210, besides the prisoner's own recognisances. Eaton and Bevan were tendered as sureties. I objected to Bevan, and he was rejected. The next day I learned that bail had been granted. On February 12 a summons was issued against Bevan and the six Dutchmen, returnable on February 14, the day of the remand. On February 10, at 5.45 p.m., I was outside Kennington Lane Police Station when Bevan came up and spoke to me; he said, "I have come to see you about the boys, how do you think they will get on? Do you think it will
be better for them to plead guilty? What is the best thing for them to do?" I said, "They have a solicitor, it will be better to leave the matter to him." Bevan said, "What do you think they will get if they plead guilty?" I said, "My knowledge of this case is derived chiefly from the newspapers. You read the newspapers, I suppose, therefore you are able to judge for yourself." Bevan said, "You know De Paauw is afraid of being sent to prison. There is tons of money in the firm, and they do not care what it costs as long as they are not sent to prison. Do you think it will be better for them to plead guilty?" I said, "I am not in a position to express any opinion on that point." I had not heard that Alphonse de Paauw had absconded at that time. On February 11, about noon, I went to Moss's office. Eaton came in with Sergeant Beard and said to me, "I have received a letter from De Paauw, at Holland, stating that he does not intend returning to England." He read the letter to me. (Produced.) He said, "What is the best thing to do in the matter?" I said, "You will have to forfeit the amount of the bail. If you wish you can give the remaining five into custody." Eaton said, "I do not think they will go away, I shall not do that." I said, "I will see you outside in a few minutes." Eaton then left, and I joined him in a public house near Moss's office; he was with Boogaard and a strange Dutchman. I told Eaton again that if he liked he could give the five Dutchmen into custody, and that Sergeant Beard and I would take them if he thought they were going to abscond. Eaton spoke to Boogaard, who said to him, "We will not go away, nor will the other boys. "Eaton said to the strange Dutchman, "It would be better for De Paauw to come back here and have the case finished," and told him that I was in charge of the case. The Dutchman said to me, "I have been sent over here by a firm to arrange for the defence of the boys and to pay their fines. I do not think that De Paauw will come back as he is afraid that he will get sent to prison, and if he is, he will be expelled from the country. If he is sent to prison our opponents will publish it in the Dutch papers, and it will be difficult for them to obtain a situation, because having been sent to prison people would think they must have done something wrong." After that I saw none of the men who had been bailed. On February 12 I saw Eaton at his shop; he said, "The others have gone—the man you saw yesterday came here and told me that the others had gone back to Holland. I asked the Dutchman what he thought I was going to do about the money. He said, 'Go round to Bevan, he has got the money; you get it from him.' He left me the key of the house and asked me to send the things on, but I shall not do so, I shall go round to Bevan. After De Paauw had gone I went round to get £100 and I shall go and get the other £80." He then showed me two letters and a postcard which he said he had received from Holland. Eaton was the surety in £100 for Alphonse de Paauw. One of the letters is "Middelburg, February 6, 1910. Dear friend Eaton, I am in receipt of your bad news," and then says that he had wired him" to take a solicitor for my brother and the other boys, I hope you have already done so. No matter how much it costs, if you or the solicitor will let me know
remittance will follow at once. I will gladly remunerate you for your trouble if you so desire, and will, of course, refund all your expenses. Edwd. de Paauw." I believe Edwd. de Paauw was the strange Dutchman I saw with Eaton. On February 14 Bevan appeared to answer to the summons, without the Dutchmen. Mr. Hutton ordered the recognisances to be estreated and adjourned the case to February 21—when I saw Eaton at the police court. He said he had been round to Bevan and got the £80 and put it in his bank. I said, "I expect you will have to pay it. If you like I will let an officer go with you to your bank and see you safely here with the money." Sergeant Ward went to the bank with Bevan, and he paid on that day to the magistrate's clerk £180 12s., the amount of the recognisances and 12s. costs.
Cross-examined by Mr. Turrell. Eaton may have got the £80 on the day the recognisances were estreated. Eaton is a respectable man carrying on a legitimate business and the only charge against him is in connection with the bail. Eaton first gave me information of the men absconding and about Alphonse de Paauw having gone. On February 7 I did not hear it proposed that money should be deposited instead of bail after Bevan had been rejected as a surety. I objected to him because I proposed to make a charge against him. I know bail was taken on the 8th when I was not there. Bevan gave me the particulars at my request. I said I wanted to send them to the Public Prosecutor, who might make a charge against him, Bevan. He told me that he had received £100 from Alphonse de Paauw, and when the other five men bolted he told me he had got the £80 for their bail.
Cross-examined by Mr. Lawless. I executed the warrant on 28, Childeric Road on February 5—it was a general warrant, obtained four or five days before, to search the house and take into custody anybody found there. I took and charged the six Dutchmen. We had been watching the house for several days and had seen the Dutchmen going in and out. The sole occasion upon which Bevan was seen going in was on February 5 at 11.15 a.m. A summons was granted against Bevan on February 12. He had more than once come to me and spoken about the Dutchmen. When he told me one of them had gone and wanted to know what was to be done, I did not tell him he was going to be charged. On February 7 Mr. Moss may have offered to deposit money in lieu of bail after I had left. Bevan has been employed at the docks for several years. I knew when the bail was estreated the money had come from Holland; and on February 21 I sent a police officer with Eaton to get it from the bank. Sergeant Beard was assisting me with other officers in this case. I went to Moss's office to give him copies of certain documents which I had seized and I afterwards met Eaton there.
Detective-sergeant JOHN BEARD, L Division. On February 9 I saw Bevan at his house, 22, St. Donat's Road. I asked him the best time for me to see Alphonse de Paauw. Bevan said he had gone back to Holland. We walked up the road together and he said, "There is plenty of money in the firm. What is the best thing to do?" I said, "They have got a solicitor; I cannot say one way or the other." We went
to a public-house and had a drink. He said, "I will come up and see your governor to-morrow night. What is the best time to see him?" I said, "About 6 p.m." and left. The next day at 6 p.m. I saw Eustace and Bevan together outside Kennington Lane Police Station. After Eustace left I spoke to Bevan. He said, "De Paauw will not come back. What is the best thing to do?" I said, "I told you before you have a solicitor, and it is more than I dare do to have anything to do with the proceedings from your point of view." Bevan said, "If they come back do you think they will get time, because that is what they are afraid of?" I said, "You are asking me a funny question and one I should not like to express an opinion on."
Cross-examined by Mr. Turrell. I did not hear it suggested that money should be deposited as bail. I first learnt that De Paauw had absconded from a letter handed to us by Eaton. He appeared to be anxious about the possibility of his losing the money; he said, "Here is a nice hole I am in." He asked me the best thing to do and I took him at once to the solicitor with the letter. I afterwards saw him at his shop and he tapped his pocket and said, "I have got the money" I watched 28, Childeric Road continuously from January 25 to February 5 and saw the Dutchmen constantly going in and out. Bevan was only there for 20 minutes on February 5. Alphonse de Paauw and Boogaard lodged at Bevan's house, 22, St. Donat's Road.
Re-examined. Bevan appeared anxious as to whether he should get the money from someone else who had it.
Inspector WILLIAM HENRY SMITH, R Division. On February 8, at Greenwich Police Court, Mr. Moss referred to an application that he had made the previous day that the magistrate should receive a sum of money instead of bail for the six prisoners—£210 in all. Mr. Hutton expressed a willingness to do so provided he had power. After considering the matter he came to the conclusion he had no power, and then it was agreed to accept Eaton's bail in a total sum of £180 in respect of the six men. Eaton then entered into recognisances (produced) in £100 for Alphonse de Paauw, £40 for Boogaard and £10 each for the four others. The bail bond contains the following statements by Eaton: "Have you received any indemnity or promise of indemnity for becoming surety?—No. Have yen received any payment or consideration or promise of payment or consideration for becoming surety?—No."
Cross-examined. I did not hear Mr. Moss tell the magistrate he had the money there in Court.
HARRY COTTELL , manager L. and S. W. Bank, New Cross Gate. Augustus F. de Paauw had an account in my bank on which William Barnes had power to sign by authority produced of February 15, 1909. H. J. F. de Paauw had also an account on which George Roberts had power to sign. On February 7 I received a telegram from A. de Paauw: "£200 will be now in your possession from City of London and Smiths Bank. Be good enough to bail my brother and boys out, or, if you cannot, please hand necessary money to brother's landlord, Bevan, 22, St. Donat's Road. Kindly attend to this at once and
oblige." The next day Bevan called with a similar letter telegram. I had received money. I told Bevan I could do nothing in the matter.
CLARENCE GILBERT DUKE , cashier L. and S. W. Bank, New Cross Gate. On February 8 cheque produced drawn by Edward F. de Paauw for £225 was cashed at my bank by Bevan and one or two men I know as "De Paauw" in gold. Bevan took £200 and De Paauw took £25.
JAMES VICK HATLEY , manager London City and Midland Bank, Deptford. Eaton had an account at my bank in the name of "Louis M. Flook." On February 14 £207 was paid in £185 gold and £22 in silver and copper. On February 21 £180 12s. was paid out on the cheque of "L. M. Flook" (Eaton).
Mr. Turrell submitted that there was no evidence of an agreement or promise to indemnify, the money being paid after the men had absconded; that the telegram asking for the money was for the purpose of its being deposited with the magistrate in lieu of bail; the prosecution were going beyond Rex. v. Porter (1910, 1 K. B., 369); there was no evidence of any bargain or agreement previous to February 11 when the men had gone.
Mr. Lawless submitted there was no evidence against Bevan of conspiracy or being a party to the indemnification of Eaton.
The Common Serjeant held that there was evidence for the jury of there being an agreement to accept indemnity before the men had absconded.
CHARLES HENRY BUDGE , retired inspector of police. I am now bail for Bevan. I have known him for 20 years living in Greenwich and employed at the docks as a timber measurer or guager for H. M. Customs.
The Common Serjeant left the question to the Jury: Were the two defendants or either of them conspiring with one another, or with other people in Holland or elsewhere, that Eaton should be indemnified against liability while there was any prospect of their being able to render liable the prisoners to justice?
Verdict, Not guilty.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, May 3.)
HORN, Goddleib Wilhelm (25, teacher) . Having been entrusted with 134 cases of brandy by Gaston Dugas and with 24 cases of champagne by Edward Musse and others in order that he might deliver the same to certain other persons, did fraudulently convert the same to his own use and benefit; obtaining by false pretences from Gaston Dugas six cases of brandy with intent to defraud.
Mr. Walter Frampton prosecuted; Mr. St. John Macdonald defended.
London. He was to be paid 10 per cent, on all sales, 6 per cent, of which was to be paid in advance. He had to send names and addresses of customers and give the quantities ordered. We received from defendant documents purporting to be orders. They were signed by prisoner. In consequence we shipped on December 14 83 cases of brandy, various consignments. The value was about 2,000 francs. On January 25 we shipped 18 cases and 35 cases on February 5. About January 20 we received an order purporting to come from Mr. Match am for six cases. That is signed by Mr. Horn. The total value of the brandy shipped was £185. Had I known prisoner was putting my brandy in a public auction for sale I would have protested most strongly, and I should not have sent the brandy. I believed it was going to the customers whose names he sent. I wrote to some of them as defendant was very slow in remitting. They very honestly replied that they had never received anything. On getting those replies I came over to this country and laid an information.
Cross-examined. There is a clause in the agreement that prisoner is not to receive any payments from the customers. In the case of Mrs. Miller that was specially departed from. He told me himself he was going to her. I gave him authority to do that. She only ordered the one case as a sample. Amongst the customers of the first shipment in December we found two that were not good. We told him not to deliver to those customers. Some time after that prisoner gave us the name of Mr. Selcorn, to whom he was supposed to deliver what was intended for the two customers which were not good. I had references as to prisoner's honesty and morality; there was no reason to enquire about his stability, because he was supposed to pay the duty himself.
W. E. HUGHES, manager, Messrs. Restall, 29, Mark Lane. Prisoner called upon me on December 20 last with a bill of lading for 80 cases of brandy. He asked if he could have an advance. I told him we could not advance. I was very busy at the time and I think I said, "I will write and let you know." I wrote him that evening, "With reference to your call this morning, we cannot make you any advance upon the 80 cases, but will be pleased to include them in our January sale and sell them for your account without reserve." Next day he came with a card of Mr. Dugas and said he wished to put this brandy in the next sale. He wished to have some money pending the sale and I gave him a cheque for 10 guineas. In the sale they realised £17 1s. 6d. Deducting dock charges, etc., and the 10 guineas advanced he owes us 5s. There were other consignments, making in all 53 cases which were included in the February sale. They realised £9 5s. 2d. The charges came to £3 1s. 2d. He had an advance on that of £8.
Cross-examined. I do not know a man named Henderson.
Cross-examined. I do not know a man named Henderson or Duroix. I never had any transaction with a man called the little Frenchman.
THOMAS CASHIN , Elgin Hotel, Ladbroke Grove. I do not know prisoner. I have seen him in my bar. I did not give him an order for 12 cases of brandy. I received from Messrs. Dugas an invoice in March. I wrote them in reply, "I know nothing whatever about the goods you are writing me about. If they arrive I shall return them."
Cross-examined. Somebody called on behalf of Dugas for an order. I think his name is Duroix. He lives in my neighbourhood and was a customer. He represented himself as Mr. Horn. I have been told since his name is Duroix. Prisoner was not with him. I knew Duroix also as Henderson. He has been in my house several times. I know where he lives. I do not know the number, but I could take you there. It is near my place. He has come in with his wife. I think they are English. I have cashed a cheque for Henderson. I think he was an advertising agent for the Franco-British Exhibition.
Cross-examined. I do not know a man named Henderson. I have seen a little Frenchman using my house, but not for the last three or four months. I have not seen prisoner with him. Prisoner never asked me for an order. I do not know where Henderson lives.
W. H. ALLEN, 123, Upper Richmond Road, Putney. I do not know prisoner. I have never given him an order for Dugas brandy.
Cross-examined. I did not write to a man called Duroix. I think I wrote Henderson about some champagne; I really cannot remember now. I think I said I had had an invoice sent to me for some champagne that I never had. I knew Duroix years ago. I do not know where he lives now. His father kept a boot shop in Regent Street. He told me he was travelling in the wine trade. I told him I would not give him an order. I do not know he had a place in Oxford Street as a wine merchant.
Detective-sergeant MERCER, E Division. On March 17 I received a warrant for arrest of prisoner. I went with Detective-sergeant Wiltshire to Finch's public-house, Holborn. I said to prisoner, "We are police officers" and I called him outside. I told him I had a warrant for his arrest for fraudulently converting to his use 134 cases of brandy, the property of Dugas. I said, "The brandy was sent to you at 18, Featherstone Buildings, and it is alleged that instead of delivering it to the customers for whom it had been sent you put it into a sale and sold it by public auction." He said, "Henderson has got me into this. He said he had customers for that brandy, and when Mr. Dugas sent it he said the customers did not want it. We then put it into a sale and sold it by auction." He was conveyed to Gray's Inn Road Station, charged, and made no reply. On the way to the court in the cab he said, "Of course, I had to put it in my name in the sale. I had the cheque for £10 as deposit for the sale, but I gave the cheque to Henderson, although it was in my name, and he cashed it.
I only had £10 out of the deal." I searched prisoner's office at 18, Featherstone Buildings, and found some memoranda and empty champagne bottles.
Detective-sergeant WILTSHIRE, E Division. I was with Detective-sergeant Mercer when prisoner was arrested. I afterwards searched him. I found on him a bill of lading in respect of six cases of brandy. It is endorsed on the back "G. W. Horn." Prisoner said on being searched, "Dugas sent me a letter making and appointment. I kept out of the way as I did not want to see him. I am sorry this has occurred."
GODDLEIB WILHELM HORN (prisoner on oath). I am a teacher of foreign languages, and am a Bavarian. I am 25 years of age. My last employment in England was at the Rosenblum Institute, Holborn. I was there over two months. Before that I was teaching at the Berlitz School. Before that I was teaching for two years at a school of languages of my own in Brussels. I had a splendid business, and I was obliged to obtain a second school. I then engaged another director, who went away with all the money, and I had to give up the school. When I came to London I took an engagement at the Franco-British Exhibition. From there I went to Monte Carlo. When I came back from Monte Carlo I tried to get some work. I got temporary work at the Rosenblum Institute. My landlord introduced me to a man called the little Frenchman. Afterwards he told me his name was Henderson. He proposed to me a business in connection with an agency for wines and spirits. I said, "I am sorry I cannot do it because I know nothing about the trade, and I would rather stick to my own business, which is teaching." A few days after he said to me, "If you do not want to do the business I can do it, but as I cannot write French fluently will you please write it for me." I said I did not mind, and then he said, "As I have to fulfil some certain engagements in France, and my references would not be sufficient for them to give me the agency, I should like you to do it in your own writing and under your own name and address, and for this I will pay you a third of my commission, which means £5 a month." I actually got for Henderson this agency. Wys Muller and Company here were inquiry agents for Dugas. The orders were sent to them to make inquiries. I conducted the correspondence with Dugas. Henderson wrote out the orders in a notebook of his own, and he read it in front of me, and I at once copied them on the inquiry book, and kept a copy of the inquiries on the counterfoil. That was sent to Wys Muller and Company, who find out whether the customer is good or not, and then they send on a report to Dugas. The only order I took was from Mrs. Miller. She has that case of brandy at present. I knew Henderson a few days before t was arrested as Duroix. I also knew him as the little Frenchman. When the first consignment of 83 cases arrived Henderson said I will go and see the customers about it. Two cases of samples were taken out. He came back and
said all the customers had refused them through the delay. They wanted them for Christmas. He said if they stopped a long time in bond it would cost a good deal of money for storage. I said you had better find somebody else to take the goods. He tried to find some customers, but came back and said, "I cannot do anything with them." I then wrote Dugas that I wanted to meet him. He made an appointment to meet me on the 19th in Boulogne. We met. I told him the customers refused the goods and he gave me an authorisation to dispose of them wherever 1 could, so long as he did not lose more than 10 or 15 per cent, of the actual value. I did not say anything about Restalls then. I said to Henderson, "Perhaps they can be got rid of at some place where they buy the whole lot together. You had better make enquiries." After that Dugas gave me special orders to try and sell to somebody else, try and get those different customers to pay me ready cash for them and I was to pay the cheque into the bank. I sent that authorization lack to France because I could not sell to private customers. After meeting Dugas I put the whole matter in front of Henderson. He said, "I will look up those persons and try to sell it." He went to Re stalls and came back and said, "Restall cannot do anything with me. He wants to see Mr. Horn himself." So I wrote a letter to Mr. Restall saying, "Confirming the interview," etc., and that I would call on him myself next day. I went. I received the 10 guineas from Mr. Restall on account of the money which the brandy would fetch at public sale. I gave that money to Henderson. It was given to me by Restall as bona fides. Henderson cashed the cheque himself. I had nothing out of that. I did not say to detective Mercer I had only got £10 out of the deal. I never mentioned deal at all. I said all I had out of the transaction with Henderson was £10 or £12. Before the first sale actually took place or one day after I had a bill of lading from Dugas for 18 cases. Henderson said those were too late for the customers as well and they had changed their minds. I saw Restall about putting those into the public sale. I did not know that there was money owing to Restalls on the first sale. I had to get an authorisation from Dugas to sell the second lot. I wrote him and he made an appointment for me to meet in Paris to explain the whole thing. It was fixed for a certain day, but I could not go because Henderson was unable to give me the fare. He said to me the best thing to do was to take Restall's crossed cheque. I sent it to my bank. He had the money from me under various names; he wanted to pay this man so much and the other man so much. I paid all the money to Henderson.
Cross-examined. I entered into this agency for Henderson. I understood him that if he was going to do it on his own he would not be able to get the office. I did not understand no one would trust Henderson. His reason for not applying for it himself was that he wanted somebody who was able to write French. I suppose he could still have applied for the agency and got me to write letters. He explained that his references were people in France to whom he owed money and that would spoil the business. I was really the tenant of
the office at Featherstone Buildings. The rent was 10s. a week, payable in advance. I do not know why Henderson wanted me to take that. He wanted the place under my name. I do not know the real reason for that. I actually did not pay the rent myself. Henderson gave it to me. Henderson always handed the rent to the landlord. It was paid like this. Henderson would give 10s. or £1. The first time he gave me £2, and when the rent was to be paid he asked me to pay it and I made out a cheque on my own banking account. Henderson saw Restalls on the first day. He came back and told me "Mr. Restall wants to see Mr. Horn himself." Mr. Hughes is mistaken about that.
SUSANNAH BLAKE , 5, High Street, Marylebone. I am bookkeeper to Tomkins and Co., butchers. I recognise this cheque. It was paid to me by Mrs. Duroix, who is in the employment of a titled lady, a customer of ours. I do not know her husband. I have heard she has a husband. I do not know prisoner. The Duroixs did not deal with us. Mrs. Duroix often comes in to change cheques for the lady she is with.
Cross-examined. I only know Mrs. Duroix as being lady's maid to one of our customers. I have not seen her since changing the cheque.
Verdict, Guilty. Sentence, Four months' imprisonment, second division. Recommended for expulsion under the Aliens Act.
BEFORE THE RECORDER.
(Wednesday, May 4.)
WALTERS, alias Weaver, Henry (65, builder), and COX, Herbert (38, auctioneer) , both forging and uttering, knowing the same to be forged, a certain deed, to wit, a lease of No. 4, Cadogan Terrace, Wandsworth, with intent to defraud; both forging and uttering, knowing the same to be forged, a certain deed, to wit, a lease of No. 5, Cadogan Terrace, Wandsworth, with intent to defraud; both forging and uttering, knowing the same to be forged, a certain deed, to wit, a lease of Nos. 2 and 3, Cadogan Terrace, Wandsworth, with intent to defraud; both obtaining by means of certain forged documents certain valuable securities from Thomas Clarke, to wit, on February 25, 1909, a banker's cheque for £30, on March 3, 1909, a banker's cheque for £30, and on March 10, 1909, a banker's cheque for £25, in each case with intent to defrauds both obtaining by false pretences from Thomas Eaton 16 registers and other articles, with intent to defraud; both obtaining by means of certain forged documents certain valuable securities from Allan Thatcher, to wit, on January 22, 1910, a banker's cheque for £20, on February 12, 1910, a banker's cheque for £30, and on February 19, 1910, a banker's cheque for £19, in each case with intent to defraud; conspiring and agreeing together to forge certain deeds and thereon to obtain divers valuable securities from Thomas Clarke and others.
Mr. Travers Humphreys and Mr. S. Ingleby Oddie prosecuted.
Walters pleaded guilty.
WILLIAM MORTEN WALTER , 37, Walbrook, solicitor. I act for Miss Russell, freeholder of Soho Lodge Estate, Allfarthing Lane, Wandsworth, of which 5, Cadogan Terrace is a portion. Arthur Aldridge and Co. are the surveyors; they introduced the prisoner Walters to us as a builder; building agreement produced, dated June 2, 1909, was signed by Walters and Miss Russell and witnessed by me, for Walters to build nine houses, 99 years leases to be granted on completion. Mortgage of June 3 was signed by Walters to secure advances of £190 on each house, under which £970 has been advanced by Miss Russell. Six houses are almost completed. No leases have been granted and the freeholder has taken possession of the property under the mortgage after notice (produced) of February 7, 1910, was duly served on Walters.
THOMAS CLARKE , Corporation Chambers, E. C., solicitor, practising as Clarke and Co. About six months ago I knew the prisoner Cox as employed by Ellis, May, Grace and Co., estate agents, 290, Essex Road, Islington. On February 24, 1910, he called at our office and said, "I am acting for a builder of the name of Weaver, who is building houses at Allfarthing Lane, Wandsworth, and is having leases granted to him, and he requires to borrow a little money to complete the houses; can you advance him a little money for this purpose? The houses will then be sold and you will act in the matter on behalf of Weaver." I said I thought I could entertain it and asked him to call with Weaver on the following day. The next day, February 25, the two prisoners called together. Weaver produced lease (produced) of 4, Cadogan Terrace, dated February 23, 1910, from "Henry Walters, West Byfleet, Surrey, gentleman," to "Henry Daniel Weaver, Cromore Gardens, Teddington," for 99 years at a ground rent of £7 7s., executed by Henry Walters, the lessor, in the presence of James Page, clerk to Henry Walters, Esq. I asked Weaver in the presence of Cox who Henry Walters was. Weaver said, "He is a wealthy ship owner well on in years and of somewhat eccentric habits." I advanced £30; they deposited the lease with me, Weaver signed a charge for £30, and I handed Weaver cheque produced, which is endorsed "Henry D. Weaver," and has been paid by my bank. Before they left I said, "You had better sent me the building agreement." Weaver said he had temporarily mislaid it. but would find it and sent it on. On March 3 prisoners called again. Weaver produced a lease of 5, Cadogan Terrace signed in the same way as the other. I advanced another £30 by cheque produced. He said he had not been able to find the building agreement. The same day I wrote to Henry Walters; The Vines, West Byfleet, asking for particulars with regard to Weaver, the lessee, whether there was any tax, tithe, or anything else I ought to know of upon the land, and whether Weaver had charged his interest. I received letter (produced) of March 4, with a printed heading "The Vines," etc., signed Henry Walters, in a different hand-writing to the body of the letter answering my inquiries. I wrote letter March 5 asking for an authority to inspect the land register,
and on March 7 received letter (produced) stating that the property was not on the register. On March 11 the prisoners called. Weaver asked for an advance of £25 to pay wages. I told them the result of the correspondence with Mr. Walters, and said the freehold title had not been registered, because on inquiry at the Land Registry they had given me the number, but would not allow me inspection without the authority of the freeholder. Cox said the freeholder was an old man, perhaps he did not understand. I then advanced Weaver £25, taking a charge upon both leases. On March 12 I wrote again to Walters asking for a reply to my letter of 8th inst., and received telegram (produced). On March 15 prisoners called again, I told them I had sent a clerk to Cromore Gardens, but he could not ascertain that anyone answering the description of Weaver lived there. I said, "My clerk then went to The Vines, South Byfleet, and discovered that that address was a labourer's cottage, and the description given of Walters, the freeholder, corresponds with your own description. Weaver admitted it. I then said to Cox, "I have a very strong suspicion that you have been passing as Page, the clerk." He said, "That is not so. I know nothing whatever about it. This is news to me." I said, "Here is a letter written by you whilst you were in the employment of May, Ellis, Grace and Company." He said, "Yes, that is my handwriting." I handed him the letter (produced) together with those written by Page (Exhibits 11 and 13) and said, "Look at those letters and compare the handwriting." He said, "I admit they are very similar. Someone must have got a specimen of my writing and imitated it." In my opinion the signature of the witness to the leases and the body of the letters is in the handwriting of Cox. On March 16 Weaver brought me his real building agreement from Miss Russell—Cox was with him.
Cross-examined. Cox did not say that he knew Walters. While with May, Ellis, Grace and Company he wrote many letters to my firm. On February 27 I knew he had left their employment—he called a week or two before and said he could introduce business to me.
WINIFRED EARL , wife of Thomas Earl, plasterer. The prisoner Weaver is my father. I live at The Vines, West Byfleet, a cottage rented at 8s. 9d. a week. Weaver has been living there since last June, paying a rent of 6s. a week; he was a good deal away; he only came once or twice a week; he was known there as "Mr. Walters," and received letters in that name. I know no one of the name of Page; no one else was living there besides my father. I have never seen Cox. A letter came in Cox's name which Weaver received.
EDWARD NATHANIEL GRACE , partner in May, Ellis, Grace and Company, auctioneers and estate agents, 290, Essex Road, Islington. Cox was in my firm's employ for about 12 months up to the end of 1909. Letters (Exhibits 11 and 13), the signature, "James Page, 1910. clerk to Henry Walters," in lease (produced), are, in my opinion, in 1911. Cox's handwriting.
January, 1910, he called at my employers' office and ask me to engross a lease and counterpart of Nos. 2 and 3, Cadogan Terrace, Allfarthing Lane, Wandsworth, which I did—it is Exhibit 26. Shortly afterwards he called with Cox, whom he introduced to me as Mr. Henry Walters, the freeholder of the property mentioned in the lease I had engrossed. He produced a letter from a solicitor, which I returned to him. Weaver said he wanted some alterations made in the plan attached to the lease, which I did. Two or three weeks afterwards both prisoners called again and said that the first lease had been spoilt; that I was to make a lease of Nos. 4 and 5, Cadogan Terrace. I made the two leases (produced) from Walters, the freeholder, to Weaver, the lessee. When Weaver said, "This is Mr. Walters, the freeholder," Cox and I shook hands—I do not recollect Cox saying anything.
Cross-examined. I did not understand Weaver to introduce Cox as "the surveyor from Walworth"—I was not asked this at the police court. I have known Weaver for about 20 years. I know he resides at 54, Ingrace Street, Battersea; I thought Cromore Gardens was his business address.
Detective-inspector HUGH MCLEAN, City Police. On March 10, at 10.40 a.m., I saw Cox in Gurney Street, Walworth. I told him I was a police officer, and should arrest him on the charge of being concerned with Henry Walters in forging and uttering deeds and obtaining £85 from Thomas Clarke. He said, "I have known Weaver about three months, and have acted as broker for him in respect of his property at Wandsworth, but I am innocent of any forgery. I do not know Mr. Walters." He was taken to Moor Lane Police Station, charged, and in reply said, "I hear what you say. I know Henry Weaver but I do not know Henry Walters." On that day I had arrested Weaver, searched him, and found on him notepaper bearing the printed heading of "The Vines, West Byfleet, Surrey," and letter produced signed "J. Page, clerk to Henry Walters."
Cross-examined. I have made inquiries, and find that Weaver had no clerk at West Byfleet. He had a clerk.
SIDNEY ALBERT COOMBER , musical artist, 141, Kennington Road. I am a relative by marriage to Cox's wife. On March 17 she told me he was arrested. I heard that Weaver had a clerk named Cutbill—I have never seen him to my knowledge. I made a statement to Sergeant Wagstaffe. I took a man named Jackson to the police station—he is outside.
ROBERT GRAY JACKSON , 37, Stormont Road, Lavender Hill, builder's traveller, now out of employment. I know the prisoner Walters as Henry Weaver. When I started to work for Weaver on March 12, 1910, as a painter to find my own material, he had a clerk named Cutbill—I never knew him by any other name—I have heard the names of Page and Frankland mentioned on the job. I have never spoken to Cutbill.
Cross-examined. I have seen Cutbill's handwriting a few times. Signature of "James Page, clerk to Henry Walters," is very like
Cutbill's writing; the signature on Exhibit 26 is similar. The signature, "Jas. Cutbill," in letter (produced) is Cutbill's handwriting. I think the signatures on Exhibits 11 and 13 are also his. I am surprised to hear that the first document I looked at is in the admitted handwriting of Cox.
Weaver confessed to having been convicted at this Court on September 13, 1898, receiving five years' penal servitude for forgery. Other convictions proved: July 29, 1889, at this Court, 18 months' for conspiracy and fraud; June 20, 1892, at North London Sessions, three years' penal servitude for larceny as a servant. Said to be a clever builder, and to have been in respectable work since 1902.
Cox confessed to having been convicted on August 28, 1903, at Marylebone Police Court, receiving six weeks' hard labour for embezzlement. On August 20, 1904, he was sentenced to four months' hard labour at North London Sessions for conspiracy.
Sentences: Weaver, 12 months' hard labour; Cox, Nine months' hard labour.
BEFORE THE RECORDER.
(Thursday, May 5.)
WILLIAMSON, Henry (38, farmer) , having been entrusted with certain property, to wit, two horses, the goods of Alfred Grindell, did fraudulently convert the same to his own use and benefit; obtaining by false pretences from Henry Empson, two horses, the goods of the said Alfred Grindell, with intent to defraud.
Sir Frederick Low, K. C., and Mr. Heber Hart prosecuted; Mr. F. Hinde defended.
HENRY EMPSON , nephew and manager of Alfred Grindell, Bristol, and 102a, Richmond Road, Westbourne Park, horse dealer. I manage the London branch, Mr. Grindell never coming to London. In March, 1909, prisoner rung me up on the telephone, said his name was Williamson, Meredith and Drew's horse buyer, that he was authorised by Messrs. Allen and Sons, British and Foreign Wharf, East Smithfield, to buy horses for them; that they were great friends of one of his directors, and he had permission from his people to do so, and that he had been recommended to me by an old friend of his named Fred Howard, a jobmaster of Knightsbridge. He described the class of horses he wanted. I said I had not any on hand that week that would suit him, but I might have some the following week. On March 31 I received letter produced from prisoner on printed heading, "Meredith House, Shadwell. I am a buyer of three useful, sound horses," etc., signed "H. Williamson, Horse Department of Meredith and Drew." On Friday, April 2, he rung me up again, said his name was Williamson, of Meredith and Drew, and asked if I had any horses of the class he had asked for. I said I had only one such, a big horse. He said, "Would it be convenient for me and Mr.
Howard to come over on Sunday at 12 o'clock to see the horses you have in the yard?" I told him it would not, that I lived at Bristol and never sold horses on a Sunday. He said, "I shall be unable to come on another day, if you could arrange for one of your men to show me the horses I shall be very much obliged/' and I arranged for Lintott, our commission agent, to see him at the yard on the following Sunday. On April 24 prisoner called at the yard. He said, "My name is Williamson, Meredith and Drew's horse buyer. I am authorised by Allen and Company to buy two or three horses for them. I have been buying all Meredith and Drew's horses of Mr. John Kelton, of Attleboro, and also Allen's horses. I shall not buy any more off him either for Meredith's or Allen's, as I fell out with him over some big horses I bought for Allen's. Can you show me 25 or 30 cobs the first or second week in May for Meredith and Drew; can you look out some of them?" I said, "Yes." This was Friday, I was in a hurry to catch a train for Bristol and I left him with Lintott. On April 30 he telephoned me and said he wanted to return the horse at £65 and a bay horse at £48. Eight horses had been sold to him at that time by the foreman, which had all gone to Allen and Co. He said the horses had done their trial. It is the general custom of the trade to sell horses on a week's trial. He asked me to write a letter declining to take the horses back and said he would go with Lintott to Mr. Allen and tell him he would have to keep them. I wrote letter produced: "April 30, 1909,—Dear Sir, Re the bay horse and the grey, they were both all right when you had them of me and they have done their trial weeks ago. I shall not have either of them any more—they might have killed them by this time." I sent Lintott with that note and my man Morris with him, so that, if Allen still persisted in sending the horses back, he could bring them back. On May 8 I was at Lampeter Fair when I received a telegram from Lintott, came to London and tried to find prisoner at his address. There was no house called "Meredith House." I went to Lloyd, milk contractor, and saw a bay horse that I had sold (as I thought) to Allen. I afterwards went to Gilbert, jobmaster, and saw him with the prisoner. I said to prisoner, "What have you been doing with my horses?" He cursed and swore, told me I had been talking about him, and said I was to do my best and worst to get them the best way I could. I told him he had got the horses off me by false pretences for Allen and Co.; that I had been to Meredith and Drew and ascertained from the secretary that he had no authority to use their name, as he was not their horse buyer at all, but only a foreman in their stables. He did not deny that. At first Gilbert was willing to give up the horses, but prisoner would not—one would let me have the horse and then the other. I then saw another horse at Gilbert's, a grey, which I had sold to Allen. After some further conversation they refused to let me take the horses, but it was arranged that I should take my man there on Monday at 12 o'clock and take the grey horse from Gilbert's and the bay from Lloyd's, which is about 100 yards from Gilberts. On Monday I took my man to fetch the horses. I met prisoner and Gilbert—they handed me a
solicitor's card and told me they had taken hit advice and that all communications must be with the solicitor. I then went to Lloyd; he said he had had his lawyer's advice and refused to deliver up my horse. Diary produced contains entry of every horse told; it is the only book relating to these transactions; it it kept by Empson, the foreman.
Cross-examined. Mr. Grindell has not been in London for 10 years. I conduct the business. I live at 3, Palmerston Road, Bristol, and come up during the week, reporting to Mr. Grindell (who is my father-in-law) and handing him the money. We generally sell for cash. I never considered prisoner was my debtor, but that I had sold the horses to Allen. I never rendered an invoice to Allen or to Lloyd. I do not make out the invoices. I have seen statement produced of May 3 addressed to prisoner showing that five horses have been supplied to him for £279; it is in Lintott's writing. I knew by that time horses had gone to Allen and to Lloyd. A week after the first telephone message it was reported to me that prisoner had selected two horses. I received from prisoner cheque of April 19 for £62. It was paid to Lintott. It is endorsed by Mrs. Grindell. After I saw Gilbert and prisoner £80 was paid by prisoner. Some of the horses were returned by the firms to whom they were sold; I could not say how many.
Re-examined. I believed prisoner's statement about being Meredith and Drew's horse buyer and About his being authorised to buy for Allen or I should not have allowed him to have the horses.
HENRY JOHN LINTOTT , 41, Ducksford Place, Edgware Road, commission agent. I sell horses for prosecutor. In the early part of April, 1909, I received instructions to see a buyer on the following Sunday. On April 4 I saw Howard and prisoner at prosecutor's yard, Richmond Road. I know Howard as a jobmaster at Chapel Street, Montpelier Street, Brompton Road. Howard came in first and said, "I have brought Mr. Williamson up here according to arrangement." Prisoner came in afterwards and Howard said, "This is Mr. Williamson, Meredith and Drew's horse buyer." Prisoner also repeated it and said, "I buy all Meredith and Drew's horses and I am authorised by Messrs. Allen to buy some horses for them, who are friends of Meredith and Drew, my employers, and I have also permission from them to buy for them." He said Allen's were large contractors at East Smithfield. I took him down and showed him a brown horse at £62 and a black mare at £50, and he directed me to send them to Allen's the next morning to see if they would suit them. They were sent the next morning. The mare was returned three or four days afterwards and the brown horse was kept. On April 8 he came again to see a bay horse at £65. He said he wanted it a bit cheaper. I said, "I cannot sell it any cheaper; you will have to settle that with Mr. Empson." He said he was buying for Allen's. That horse was delivered. On April 19 he came and said he wanted one more horse for Allen's and two horses for Lloyd and Sons. He said Lloyd's were friends of his governor's, but he did not wish me to mention their name to him in any way. He said he had authority to buy for Allen's, but
no authority from his governors to buy for Lloyd's. He selected an iron grey horse for Allen's at £48 and two for Lloyd's, a dark iron grey at £50 and the black mare that had previously been sold to Allen's at £50 and been returned, for which he charged him £48. There were ten transactions altogether, but only nine horses were sold. Prisoner asked me if Allen's had sent a cheque for £62 for the brown horse. I said, "No." He said, "I will get you a cheque for the horse to-morrow morning." Then he said, "I do not think it much matters; I think I will give you one of my own cheques. You give me a receipt for the money, so that I can show Allen's that I have paid you and I will get the money off him the next morning." He gave me cheque produced for £62 and I gave him a receipt. "For brown horse" has since been written on the back of the cheque. The next day we delivered the two to Lloyd and one to Allen. On April 24 prisoner saw me and Empson. As he came into the yard I introduced him to Empson as Meredith and Drew's man to whom I had sold the horses for Allen and Lloyd and left him with Empson. On April 10 Empson gave me a letter to take to prisoner, which I did. I met prisoner on Tower Bridge, going to the British and Foreign Wharf—Allen's place—and handed him the letter. He said, "Where have you been to?" I said, "I have come as quick as I could." He said, "This letter is no use now; Allen's people are gone"—it was then about five o'clock—"I have been on the telephone with your governor and he said you started an hour and a half ago." I told him I had to walk from market. He said, "If you like you can go down to the stable and see that I am not telling you a lie about the horse that was sold at £65 having the strangles." I went to the stables and saw three horses which we had sold to Allen, and brought away the one sold at £65 and the one sent on approval on April 24. A day or two after that, on May 3, prisoner telephoned me that Allen's were keeping the other two horses and asked me to send a statement of all he owed for all the horses that had been delivered to Allen and Lloyd. I wrote and sent statement produced. There has been added to my statement, "April 19, paid cheque Mr. Grindell £62. Paid Mr. Grindell on account May 6 £80—£142. Balance due, £136." On May 2 I wrote a letter to Allen and Co. and saw Mr. Bass, the proprietor of that firm. On May 6 I went in search of prisoner. I found him outside London Bridge Station and asked him for the money for the horses. I said, "You have got the money from Allen's and you have also taken away two horses from there." He said, "I am going away with my wife by train." I said, "Williamson, I want the money. I know you have got it." He said, "I cannot pay you to-day. I have not paid Allen's cheque into the bank." He said that was about £130, and that he had taken bills of Lloyd which had not been presented. I pressed him for the money. He said, "What are you following me about for—I am no blooming thief?" I said, "Well, I am determined to have the money." He spoke to his wife, came back and said, "If you will pay a taxicab down to the Stepney branch I will give you the money." We went to the London City and Midland Bank. Charles Empson was with us.
Prisoner went in; we stayed outside. He gave me cheque produced for £80 and said, "I cannot pay you any more to-day." I said, "This cheque is no good to me." I then recognised him for the first time as a person I had known seven years ago. He said the rest of the balance should be paid on Saturday at twelve o'clock at his house. He got in the taxi and away he went. After two interviews with the bank manager I cashed the cheque. I then telegraphed to Henry Empson at Lampeter. On May 8 I went to prisoner's house. It is a sort of cottage close to the stables of Meredith and Drew. He was out. Diary produced contains entries of all horses sold. I give the particulars to Charles Empson, who keeps it.
Cross-examined. Prisoner said he was authorised to buy for Allen. He selected the horses and they were sent to Allen and Lloyd. He told us that Allen would not accept one and it was returned by them. I have never sent an account to Allen's. I made out account produced to prisoner at his request. The words "on account" were not on the £80 cheque when I received it.
CHARLES EMPSON , 8, Burlington Mews, Paddington, nephew of H. Empson, foreman at Richmond Road, Westbourne Park, corroborated Henry Empson's and Lintott's evidence. I keep the diary produced; it contains entries of all sales, which are entered by me on instructions and is the only book kept. On April 5 there is entered, "Messrs. Allen by Williamson, bay horse, £62," that means that the horse was delivered on April 5 to Allen, prisoner acting as agent. On April 8 there is entered, "Messrs. Allen by Williamson, bay horse, £65; April 20, Messrs. Lloyd by Williamson, black mare, £48, returned; April 21, Messrs. Allen by Williamson, one grey horse, £48; April 26, Messrs. Allen by Williamson, bay horse, £60. Brown horse, £60, returned; bay horse, £65, returned; bay horse, £60." Those entries all mean that the horse is sold to the first name through Williamson. When they are paid for they are crossed out.
THOMAS BURT , 22, Warwick Gardens, secretary to Meredith and Drew, Limited, biscuit manufacturers. Prisoner has been employed by my firm as foreman horse-keeper; he has never been horse buyer and has never been authorised to buy a horse for Meredith and Drew. Prisoner lives in a flat above the stables. There is no house named "Meredith House, Shad well." It is a fancy name prisoner has given to his rooms. We should not have objected provided that address was not used for improper purposes. Prisoner was requested to resign on April 15, 1909, but we allowed him to stay on at the rooms for a month or more.
Cross-examined. I think we should not have objected had we known it that prisoner" called his rooms "Meredith House." Prisoner had charge of about 200 horses. Prisoner has never recommended the purchase of a horse; the board of directors attend to the buying of horses under the advice of the veterinary surgeon. Prisoner was entirely responsible for the stables.
prisoner to buy horses for me. Early in 1909 he was introduced to me by a forage dealer and I bought horses from him. I understood he was a head horse-keeper for Meredith and Drew; that he was in the habit of going into the country buying horses and had some for sale. I paid prisoner cheques (produced) of April 15, £65, for a bay horse, and May 4, £130, the price of two bay horses which he sold me. In May I received a letter from Grindell and afterwards saw Lintott.
Cross-examined. I buy a large number of horses. I bought from prisoner on the condition of a trial and that the horse should pass a veterinary examination, and some horses I returned as not passed by the veterinary surgeon. I bought from the prisoner the same as I would from anyone else.
EDWARD LLOYD , managing director, Lloyd and Sons, Limited, 25a, Norfolk Street, Globe Road, Mile End, milk dealers. My firm never authorised prisoner to buy horses for us from prosecutor. On May 5, 1909, I bought a horse from prisoner, for which I paid him cheque £46.
Cross-examined. This was an unsound horse—the prisoner told me so quite frankly. I was sued by the prosecutor for its return; judgment was given against me; I appealed and the decision was upset. Until then prosecutor had not communicated with me.
CHARLES HARRY WEBSTER , Princess Fields Farm, Waltham Abbey, farmer. In April, 1909, I bought a black mare from prisoner for £48 10s., for which I paid him by cheque £40 and £8 10s. a balance that he owed me for the keep of two other horses and carriages.
JOHN BRIERLY MEDLAND , manager, London City and Midland Bank, I Stepney. Prisoner opened an account at my bank on April 15 by a payment of £65, followed by payments of £60, £130, and £46. On May 11 he drew out £75 in coin. The £46 paid in on May 11 included four £10 notes Nos. 29,255-58. Prisoner closed the account by drawing the balance on June 17.
Cross-examined. There is a cheque drawn in favour of Grindell on May 7 for £80. Two hours after it had been cashed prisoner sent to ask if it had been presented and he was told "Yes." Before it was paid Lintott came and asked for some information about prisoner. I do not recollect seeing the words "On account" on the cheque.
WILLIAM ROBERT CLOWES , manager, London and South-Western Bank, S. Norwood. On May 19, 1909, an account was opened at my bank in the name of Mary Williamson by a payment of £60 in gold and £40 in four £10 bank notes, Nos. 29,255-58.
BENJAMIN MORRIS , 8, Burlington Mews, horse-keeper to prosecutor. On May 5 I delivered a black mare at Allen and Sons with a card given me by Empson; on April 8 I delivered a bay horse at Allen's with a card; on April I took two horses to Lloyd's with a memo. from our firm with our address on it. The prisoner was there; he led one horse in and I led in the other. On April 21 I delivered a grey horse at Allen's. On April 26 I delivered four horses at Allen's. Prisoner was there and Allen's horse-keeper. On April 30 I fetched two horses from Allen's and left two others in the stable.
Sergeant CECIL PARSONS, F. Division. On July 23, 1909, I, with Inspector Tappenden, arrested prisoner on a warrant. I found pass-book and cheque-book of the London and South-Western Bank; pass-book and cheque-book of the London City and Midland Bank, stepney; the counterfoil of cheque A49,812 was torn out—that is the counterfoil of cheque (produced) for £62.
Cross-examined. I found a quantity of documents relating to the purchase of horses, mostly from a man named Wigby.
Mr. Hinde submitted that there was no case; that the credit was given, not to Allen, but to the prisoner, and in the face of the two payments made by prisoner, the prosecution could not succeed. Held there was a case for the Jury upon the representation sworn to by Empson.
Prisoner was proved to have been convicted on April 8, 1903, at Sleaford Quarter Sessions and sentenced to twelve months' hard labour for obtaining a mare by false pretences; on June 29, 1899, at Derby, six months' hard labour for passing a worthless cheque; June 29, 1901, Bedford Quarter Sessions, twelve months' hard labour for obtaining 40 dogs. Stated to have been in responsible employment for 4 1/2 years since his release in 1904.
Sentence, Nine months' hard labour.
BEFORE THE RECORDER.
(Tuesday, April 26.)
DAVIS, George Frederick King (34, engineer) , unlawfully obtaining from Joseph Klein the sum of £3 10s., and on a further occasion the sum of £5, and from Thomas Wood Scott the sum of 2, in each case by means of false pretences and with intent to defraud.
Mr. Metcalf prosecuted.
THOMAS WOOD SCOTT , lodging-house keeper, 153, Victoria Dock Road. On the evening of March 6 prisoner, who was a stranger to me, came and took a room, saying that he was a diver employed by Siebe, Gorman and Company, of Westminster Bridge Road; and that he was going to do some work at the Albert Docks Gate, which were wrecked by the storm and that he wanted lodgings to put up his gear. I gave him some tea, and then he said he wanted to go to Euston Station to get his gear out to start work on the Monday. He employed myself and another man to go with him as attendants. He gave me this cheque for £37 10s. 6d. (produced), and asked me to advance him 2 up on it, which I did. His cheque purports to be drawn by Lawrence York Spear. He also gave me these two photographs of himself in diving dress (produced). He went away and I did not see him again. I paid the cheque through a friend's account,
but it was returned marked "No account." I parted with my money believing the cheque to be a good one and the representation he made to be true.
WALTER GORMAN NETKINS , representative Siebe, Gorman and Company, Limited, submarine engineers, Westminster Bridge Road. Prisoner has never been in our employ and I do not know him. Our diving gear was employed in repairing the Albert Dock Gate but not our divers.
JOSEPH KLEIN , manager, "Duke of Cambridge" public house, 345, Whitechapel Road, Bethnal Green. Early in January prisoner started using our house as a customer. He said he was a diving engineer and was getting out a patent for a diving dress, and that a man, named Lawrence York Spear, from California, had bought it for £1,500. He showed me this agreement between Spear and himself, dated December 22, in which Spear purported to buy the patent rights of an invention described as" a self-contained diving chemical and submarine rescue apparatus" for £1,500. He asked me to advance £3 10s. on a diving suit which he said belonged to him and was worth £10. He wanted the money to live on whilst he was waiting for the cheque. I then lent him the money and kept the suit, believing it to be his property. He gave me a receipt. This was on February 21, and on February 26 he came again to my house and produced a cheque for £50, purporting to be drawn by Lawrence York Spear on the Lee" Green branch of the London and Provincial Bank, saying, "At last I have got my cheque from the solicitor." He said, "Will you take it and put it through the bank and advance me £5 and pay me the balance when it goes through?" I advanced him the money, believing it to be a good cheque, and paid the cheque into my master's account. It was returned marked "No account." He showed me two photographs of himself in diving dress.
Cross-examined by prisoner. I did not lend you the money on condition you paid me so much interest.
THOMAS COX , London manager, Valor Company, marine engineers, Astwood Cross, Birmingham. Prisoner has been employed by my company since about February, 1908, until quite recently as a professional diver and expert mechanician on diving apparatus; he was employed on the experimental work in connection with a new apparatus. This diving apparatus is the property of the company, and he had no right to dispose of it or to borrow money on it. He had a contingent interest in the results of the experiment if they were successful, but this suit was not his property. I have only heard of Lawrence York Spear; I do not know him.
Cross-examined by prisoner. You first came to the company in connection with a mining rescue apparatus, and the diving dress was the outcome of that. I think your name appears in one of the patents.
Detective-sergeant GEORGE READ, K Division. At 3.40 p.m., on April 7, I saw prisoner in Westminster Bridge Road, and said to him,
"I have a warrant for your arrest," and read it to him. He said, "I have sent the money back "; afterwards he said, "This is all through drink. I have been on the drink for two months." He did not appear to be under the influence of drink then. I took him to the station, where he was charged.
GEORGE FREDERICK KING DAVIS (prisoner, on oath), in the course of a long written statement, said that he was an engineer and submarine diver and for some years past had been the owner of diving and salvage apparatus; that he was in business in Birmingham when he entered into an agreement with the Valor Company to sell them certain of his inventions and he was also employed by them. After leaving them he became acquainted with Lawrence York Spear, to whom he agreed to sell one of his inventions under the agreement of December 22, which had been produced. On Spear's promising to find him plenty of work, he gave up his shop in Birmingham at the beginning of this year and came to London. Finding himself short of money he borrowed £2 from Klein, arranging to pay 10s. interest, and he left the diving apparatus, which was his own property, as security. He then borrowed a further £5 and agreed to pay £8 10s. altogether for the two loans and interest. Spear sent him a cheque for £50 in part payment for his apparatus, which Klein suggested he should pay through his own account, as he, the prisoner, having had some drink, would probably lose it. He then went with Spear to Newcastle for the purpose of giving a demonstration with his apparatus. Spear decided not to have the demonstration, and as he was coming back to London he, the prisoner, asked him to see Klein, explain certain matters to him, and get from him the balance of the £50 cheque after deducting the loans. On Spear's returning to Newcastle he told him that he had seen Klein and had got the balance, which he had paid into his, Spear's, account. Spear then gave him a cheque for £37 10s., and said that he had work at Albert Docks Gate for him to do. He came to London, and on looking for rooms met Scott, with whom he made arrangements to stay during the time he would be employed on the dock work. Scott informed him that he had not got a ship, and he, prisoner, told him that Spear wanted men to join a ship to go to Chili, and that he, prisoner, wanted to get Siebe, Gorman and Company interested in the venture. It was evident that Scott had got the names of Siebe, Gorman and Company and Spear mixed up, because he distinctly said that it was Spear who had sent him to do the work at the Albert Docks Gate. Scott volunteered to lend him £2, and he handed him the cheque for £37 10s. in case he got drunk and that he had been on the drink ever since. He did not know what had become of Spear.
Verdict, Guilty on Scott's count.
Prisoner confessed to having been convicted of obtaining food and lodging by false pretences on January 14, 1903, at Stockport, for
which he was sentenced to three months hard labour. He was stated to be a most able and experienced diver, but drink had been the origin of his downfall.
Sentence, Six months' hard labour.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Thursday, April 28.)
Mr. Warburton prosecuted.
JULIA HART , 15, Fisher Street, Barking. Prisoner, who is my son, had been staying with me for about five weeks previous to April 10, when at 10 p.m. on that day he came home, bringing with him a gallon of beer and a quart of rum. He said, "Is my supper ready?" and I said, "Yes, it is all ready on the table." He said, "Go on upstairs out of it." I went up, and I was half undressed when he came up and said, "This is my father's house. I will do as I like in it." He wanted me to go to bed so that he could bring in some women to enjoy themselves. He wanted to take his bed downstairs and I objected. He said, "I will let you see what I am going to do" and he struck me twice on the jaw. He then twisted my arm and I think he must have broken it. I had put the light out because I wanted to hide from him. He struck me with the poker on the shoulder. It was too dark to see whether it was really a poker or not. I became insensible and when I came to myself I found myself lying in a pool of blood. I went out of the room, through his bedroom, and got out through the back room window. There was a cut on my forehead. There was no blood from the wound on my shoulder, but blood was coming from my cheek. I do not remember anything being said about the Army.
To the Judge.—He had had some drink.
Police-constable GEORGE KINNER, K Division. At 11 p.m. prosecutrix came to me smothered with blood and holding her right arm. In consequence of a complaint she made to me I went with Police-constable Church to 15, Fisher Street, where I saw prisoner. He said, "Come in, I know what you have come for." I told him I should arrest him for assaulting his mother, and he replied, "All right. I will go quiet. I will give you no trouble. I've had some." On the way to the station he said, "My brother Jim was not in this." When charged he said, "I did not do it with a poker." I had not said anything to him about a poker.
Cross-examined by prisoner. You were charged with striking her with a poker.
Police-constable ALBERT CHURCH, K Division. Shortly before 11 p.m. on April 10 prosecutrix came and made a communication to Kenner and myself, in consequence of which we went to 15, Fisher
Street, where the prisoner said, "Come in. I know what you have come for. I will go quietly and cause no trouble. I've had some." On the way to the station he said to me, "I don't forget the court martial I got through her," and also "My brother Jim had nothing to do with this." When I returned to 15, Fisher Street I found the front room upstairs in great disorder. The door was off its hinges and on the bed and there were two boxes lying upside down and the contents strewn all over the place. I saw a poker lying by the bed-stead. There was a large pool of blood on the floor at the head of the bedstead and also traces of blood from the front room into the back room and in the back yard. I went back to the station and heard prisoner say to prosecutrix, "I don't forget the court martial I got through you," and pointing to his throat he said, "It sticks here. I gave you one to-night which I thought had quietened you." When the charge was read over to him he said, "I did not do it with the poker." He was charged with assaulting her with a poker. He had been drinking, but he was not drunk; he was able to walk without any assistance.
CHARLES FRANCES FENTON , Divisional Police Surgeon, Barking. At 11.30 p.m. on April 10 I saw prosecutrix at the station. She was bleeding from a cut about two inches long across the top part of the forehead. Her right arm was broken, and she was literally covered with bruises from the root of her neck down to the end of her left arm and many across her back and legs. They appeared to have been, inflicted by a blunt kind of instrument, and on the poker that has been produced there were signs of blood. I put her arm in splints, dressed her head, and sent her home. She was very bad for a long time, and she could only appear on the Saturday following at the police court, this having happened on the Sunday. Her arm appeared to have been twisted, and a good deal of violence must have been used to do it. I saw prisoner within half an hour of the assault and he was to some extent under the influence of drink.
Cross-examined. I examined the poker microscopically and found undoubted signs of mammalian blood; it was smeared for about three inches down. I did not point it out to you. The blood on the floor may have got on to the poker.
MICHAEL HART (prisoner, not on oath). On Sunday night I had been having a few drinks up the town. At 10 o'clock I got home and there were a few words between me and my mother. I went upstairs and she was still talking. I said, "Are you going to shut up?" and she said, "No." I said, "I will soon quieten you," and with that I lost my temper and struck her twice in the jaw and she fell. She must have cut her head on the bedstead or one of the boxes there. I came downstairs, not thinking any more of it, and when I was down-stairs my mother got out of the top room window. She could not do that without hurting herself, and she fell. If she had broken her neck I should have been charged with murder, as there was no witness, at the time.
Verdict, Guilty. He was stated to be a very violent man and to have been convicted seven times for assault.
Sentence, Eight months' hard labour.
BASS, William (28, plumber), stealing 60 pounds in weight of lead, three gas brackets, and three brass plugs, the goods of Thomas Denman, then being fixed to a certain building of the said Thomas Denman.
Mr. Warburton prosecuted.
JOHN WILLIAM LETCHFORD . I am caretaker for Thomas Denman at Mill Cottage, Walthamstow. At 5 p.m., on April 1, I looked over the place to see everything was all right, and then locked them up. About 8 a.m. next morning I missed some lead water piping, some lead gas piping, three brass plugs, two gas brackets, and three parts of gas brackets. I have since seen the property. There are about 60 pounds of lead piping, worth about 10s. The piping was not all the same size. I have been to the place and fitted it on to places where it has been taken from, and it corresponds in every detail. The piping had been fixed ready for use, part of it being underneath the washing tub. The smaller pipe ran along the wall from the gas, and the second-sized pipe was a water pipe that came up from the ground. There were three pieces of the larger-sized pipe, and they were taken from underneath the wash tub; two of them had been unscrewed and the third cut away. I could see exactly where it had been cut away and the mark of the cutting corresponded with the piece of pipe which had been cut away. Some of it is new and some had been put up five years ago.
Cross-examined by prisoner. (On prisoner's request the articles alleged to have been stolen were covered.) The water pipe came up through the brickwork of the sink, and the tap which was fixed to it was about 3 ft. from the ground. I never measured the size of the pipe. The pipe was the same size underneath the tap as above. I see it is the same size just above the tap, and that is what I meant. The three gas brackets were not all the same size; one was a little smaller: I could not tell whether they were ordinary brackets or not; I know that the stuff is all stolen property. They come out straight from the wall. There were two double ones and one single one.
Police-constable HENRY NORTHCOTE, N Division. At 8 a.m., on April 2, I was in Wood Street, Walthamstow, when I saw prisoner carrying this bag (produced). I said to him, "What have you got in the bag?" and he said, "Some lead pipe." I said, Where did you get it from?" and he said, I am working for a man named Reynolds on a job. I have been putting some new piping in and this is the old stuff I had left." I said, "Where does Reynolds live?" and he said, "I don't know." I told him I was not satisfied, and that I should take him into custody. On the way to the station he said, "It is all lies what I have told you about Reynolds. I am working for myself and these are the bits of lead I have saved from time to time. I am taking it out to sell." He was taken to the station and charged.
Detective-sergeant PERCY SAUNDERS, N Division. On April 13 I went to this washhouse at Mill Cottage, taking with me the lead piping. I could plainly see where it had been cut from. The gaspipe ran along the wall and there was a beam where the smallest pipe came over. I measured that, and there was 12 ft. of the thicker pipe and 5 ft. of the smaller missing; these were the exact lengths found upon prisoner. The pipe in all cases that had been cut away corresponded with that which had been left behind in every respect. The flush pipes from the water troughs had one union left behind, which was similar to the one that had been stolen. I searched the ground outside and found a piece of wooden block which had been attached to the gas bracket, and this portion fitted the block found on prisoner. There is a bit which is still missing, but it is of the same wood.
Cross-examined by prisoner. It is possible that the pipes had been cut with the little chisel which was found in your possession. You also had a rather large pocket knife tied up with string; some of the pipes may have been broken.
ROSIE BASS . Prisoner is my husband. Eight months ago his people left him the stuff which was found on him and he had it at home in a large tin trunk. He was not out at all on the night of April 1. In the morning I woke up at nine o'clock and found him gone; I had woken up three times previously but he had not gone then. The constable came about 10 a.m. I did not understand the proper meaning of what he meant. He told me that my husband was charged with unlawful possession, and I went to Forest Gate and saw him. He asked me if my husband had fetched any lead in the place, and I said "No."
Cross-examined. He did not ask whether my husband had any lead in the house.
To the Judge: He had gone out without any breakfast. I did not know why he had gone.
WILLIAM BASS (prisoner, not on oath). I am a plumber. Seven months ago my father moved out of his shop and I took these fittings home. I have never seen him or my mother since. One of the fittings is a pipe which I had put in at a Mr. Mitchell's farm, which had burst twice. The bursts can still be seen. I do not know where Mr. Mitchell is.
Verdict, Guilty. Prisoner confessed to having been convicted of felony at the Chelmsford Quarter Sessions on April 10, 1907. Three previous convictions were proved against him.
Sentence, Eighteen months' hard labour.
Mr. Metcalf prosecuted.
JAMES GOSS , night watchman, 1, Brisson Road, Stratford. I live on the top floor and Miss Neville lives with her parents downstairs. At 10.45 p.m. on April 16 I returned home with my wife, when I found the front door and the front window open. I went indoors and saw prisoner coming out of the kitchen with something white sticking out of his right hand pocket. I thought he was a friend of the Neville's. I had a good look at him. I went to the police station the next day and picked him out from about 12 men without any difficulty.
WINIFRED NEVILLE . I am a single woman and live with my parents at Brisson Road, Stratford. In the kitchen there was a chest of drawers which contained a quantity of my property. I returned home with my parents about 10.40 p.m. on April 16, when we missed two clocks, four skirts, a jack, 2s. 6d. cash from a handbag, and a box containing a few odds and ends, the value of the whole lot being about £5. I gave information at once to the police. This box, which was taken from the chest of drawers, is my property.
Police-constable ALFRED BROWN, K Division. At 10.40 p.m. on April 16 I was on duty in High Street, Stratford, into which Brisson Road leads. I was near there when I saw prisoner, whom I knew well, come out of Brisson Road into High Street and pass me on the opposite side of the street. He went towards Bow and I followed him. When he got opposite Moor's Wharf he took this box (produced) out of his right-hand jacket pocket, threw it over a fence into a yard, and then went into a public house. I walked into this yard and found the box at the exact place where he had thrown it. Miss Neville identified it. I found the box five minutes after I first saw prisoner. It was identified by Miss Neville two minutes after I found it. I heard the police whistle and I was informed by her that a robbery had taken place.
Detective JOHN HANDCOCK, K Division. At 12.55 p.m. on April 17 I saw prisoner in High Street, Bromley, and told him that I was a police officer and should arrest him for breaking into the dwelling house at No. 1, Brisson Road. He made no reply. On the way to the station he said, "I know nothing about it. I was in the 'Lord Napier' all the evening." He was put up for identification among nine men and he was immediately picked out by Goss as the man he had seen coming out of the passage on the night previously He was charged and made no reply. We could get no information about the rest of the property stolen except the box.
Eleven previous convictions were proved, dating from 1895. Prisoner was stated to be one of the most dangerous criminals in the East of London and that he had 64 days' remand to serve from his last sentence.
Sentence, Five years' penal servitude.
BEFORE THE RECORDER
(Tuesday, April 26.)
RICHARDSON, Ernest, otherwise GIBSON, Henry (39, clerk), pleaded guilty of obtaining by false pretences on March 11, 1910, from Ernest Languish two postal orders of the value of £1 12s., on March 18, 1910, from Cecil Ffolliott Eliot two postal orders of the value of £3, on March 12, 1910, from Ernest Rolls two postal orders, of the value of £2, and on February 14, 1910, from Louisa O'Neil £2 16s., in each case with intent to defraud.
Prisoner confessed to having been convicted of felony at the Kingston Sessions on October 15, 1907, when he was sentenced to 18 months' hard labour. Two minor convictions were proved against him in 1900 and 1904. It was stated that between 1900 and 1904 and 1908 to the present time he appeared to have been earning his living honestly.
Sentence, Three months' hard labour.
BEFORE MR. JUSTICE A. T. LAWRENCE.
(Thursday, April 28.)
Mr. R. G. Cruickshank prosecuted; Mr. Curtis Bennett defended.
MARTHA BERTHA HARBOUR , 26, Alexander Road, Kew. Prisoner is my husband. At 9.15 p.m. on April 3 he came home and I had supper with him. I noticed he was particularly strange; his eyes shone dreadfully. I had noticed him like this for a fortnight. I went upstairs to bed after supper, leaving him downstairs. I went to sleep and was woken up by blows on the head, and following that I found my throat being cut. I struggled, got away, and called my boy. I then became unconscious.
Cross-examined. I should have been married 23 years in July. My husband is a blacksmith and about three years ago he had an operation the result of which he had to give up work entirely. Up to that time he had been one of the very best—a hardworking man. He has always been a good husband to me. I had to go out to work because he could not and this worried him, and he has become more and more depressed about the matter. He has been very strange and I have said something to my husband about it. There was no reason at all for his being jealous of me. Since his illness I have looked after him and, with the help of my son, kept the home together.
my mother to call me. At 4.30 a.m. I was awakened by screams. I rushed into my parents' room, which was in darkness, lit the gas, and saw my father standing by the door, fully dressed, and my mother standing by the bed bleeding furiously from the head and throat. I asked my father for the weapon which he had used. He could not speak and did not make any movement whatever. I then said, "I am going for a doctor," and he said, "No, I will go," and left the house. In the presence of my father, mother said, "Dad has cut my throat." I called in the next door neighbour, and when she came I went for the doctor. The knife and hammer (produced) are my parents' property.
Cross-examined. I am a booking clerk of the London and North-Western Railway. All the time I can remember my parents have lived perfectly happily together. Since he has had to give up work prisoner has become very depressed indeed. My mother has repeatedly said that in the fortnight previous to this that he was very strange in his manner and that he made strange remarks at times.
To the Judge. When I went to tell my mother about the alarum clock my father was in bed asleep.
Police-constable SIMEON DINGLEY, V Division. About 4.30 a.m. on April 4 I was in Kew Gardens when I saw prisoner running in the direction of Kew Road. I stopped him and asked him what he was running for. He said, "I have assaulted my wife. My son has gone for a doctor. You take me to the police station and I will tell you all about it." I took him to the station, where he was charged. I asked him where his wife was and where he lived, but he made no reply.
Cross-examined. He was very excited and he was trembling all over. He kept looking round to see if there was anybody coming after him. He went with me quietly.
Sergeant WILLIAM BETTLES, V Division. At 4.20 a.m. on April 4 I went to Alexander Road, where I saw prisoner's wife being attended to by Dr. Maguire. I found the hammer and knife that have been produced. The hammer was under the bed-clothing in the bed.
Cross-examined. I have found that prisoner has been a very hard-working man up to three years ago, and he has led a very respectable, steady life.
Dr. JOHN MAGUIRE. On the early morning of April 4 I went to 26, Alexander Road, where I saw the injured woman lying in bed. There was a good deal of blood on the right side of her head and neck, and some on the bedclothes. There was no bleeding going on at the time. I was preparing my instruments to suture an extensive wound in the throat when she had an epileptic fit; on her recovering from that she was so excitable and so ignorant of her whereabouts that it was impossible to restrain her. I sent for another doctor, who administered chloroform. I then sutured the throat wound and made a careful examination. There were two wounds on the right hand. one on the third finger and one on the middle finger. They were rather deep wounds, cutting in one case almost through the tendon. There was also a wound on the right side of the head just above and
behind the right temple, probably produced by a hammer. I understood she had had one fit before I got there. The ultimate results of the throat wounds might have been serious, but they were only through the skin.
SIDNEY REGINALD DYER , medical officer, Brixton Prison. Since April 4 I have seen prisoner every day and had long conversations with him. Having heard the evidence given to-day, and as the result of interviews I have had with prisoner I have formed the opinion that he was insane at the time he did this, and did not know the nature and quality of his acts. I have found him suffering from delusions, the chief being that his wife was unfaithful and she had lost all affection for him and wanted to get him out of the way. He seems to have been driven into a state of melancholia for some months, starting, I think, first of all when he was rendered incapable of doing his work as a blacksmith through an operation for hernia three years ago. It was acting under this delusion that, I think, he committed this crime. I have interviewed the son, and as far as I can gather there is not the slightest ground the the prisoner's apprehensions. He has given me no foundation for them; he is so confused that at times he is hardly able to talk coherently for any length of time about the point.
Verdict, Guilty, but insane. Prisoner was ordered to be detained during His Majesty's pleasure.
BEFORE THE RECORDER.
(Friday, April 29.)
SMITH, Frederick (42, bricklayer), pleaded guilty of burglary in the dwelling-house of Cecil Francis Tattersall and stealing therein one silver chain and medallion, his property; burglary in the dwelling-house of Henry Pitman Keats with intent to commit a felony therein. He was further indicted for that he is an habitual criminal.
Detective G. HUNT, V Division, proved service of the statutory notice.
Inspector SAMUEL DAVIS. Worcestershire Constabulary. I was present at Worcester Quarter Sessions on October 19, 1906, when prisoner was convicted for housebreaking and received seven years' penal servitude.
Inspector SAMUEL H. E. JENKINS, Portsmouth Borough Constabulary. I was present at Winchester Assizes on June 27, 1903, when prisoner was convicted in the name of Frederick Barnes for housebreaking and sentenced to 12 months' hard labour and to complete the remainder of a former sentence and license revoked. He admitted previous convictions.
Police-constable JEFFRIES 426 G Division. I was present at North London Assizes on February 6, 1906, when prisoner was convicted in the name of Frederick Clarke for warehouse breaking and sentenced to five years' penal servitude and three years' police supervision.
Detective G. HUNT V Division. Prisoner was released from prison on March 24 last and was arrested on April 2 for this burglary. He was sentenced to eight months' hard labour at Middlesex Sessions on October 3, 1888; 12 months' hard labour at this Court on October 16, 1889, for burglary; 12 months' hard labour on November 11, 1890; and five years' penal servitude on January 11, 1892, for burglary.
Sentence, Three years' penal servitude and five years' preventive detention.